HB 293

1
A bill to be entitled
2An act relating to vessels; amending s. 327.33, F.S.;
3revising penalty provisions for violation of navigation
4rules; providing that such violations that do not
5constitute reckless operation of a vessel are noncriminal
6violations; amending s. 327.73, F.S.; providing for
7increased penalties for certain noncriminal violations;
8deleting a duplicate provision; amending s. 327.70, F.S.;
9conforming a cross-reference to changes made by the act;
10reenacting and amending s. 327.72, F.S., relating to
11penalties, to incorporate changes made by the act in
12references thereto; reenacting s. 327.731(1), F.S.,
13relating to mandatory education for violators, to
14incorporate changes made by the act in references thereto;
15providing an effective date.
16
17Be It Enacted by the Legislature of the State of Florida:
18
19     Section 1.  Subsection (3) of section 327.33, Florida
20Statutes, is amended to read:
21     327.33  Reckless or careless operation of vessel.-
22     (3)  Each person operating a vessel upon the waters of this
23state shall comply with the navigation rules.
24     (a)  A person whose violation of the navigation rules
25results in a boating accident, but whose violation did not
26constitute reckless operation of a vessel, is guilty of a
27misdemeanor of the second degree, punishable as provided in s.
28775.082 or s. 775.083.
29     (a)(b)  A person who violates whose violation of the
30navigation rules and the violation does not result in a boating
31accident and does not constitute reckless operation of a vessel
32commits is guilty of a noncriminal violation as defined in s.
33775.08, punishable as provided in s. 327.73.
34     (b)(c)  Law enforcement vessels may deviate from the
35navigational rules when such diversion is necessary to the
36performance of their duties and when such deviation may be
37safely accomplished.
38     Section 2.  Subsections (1) and (5) of section 327.73,
39Florida Statutes, are amended to read:
40     327.73  Noncriminal infractions.-
41     (1)  Violations of the following provisions of the vessel
42laws of this state are noncriminal infractions:
43     (a)  Section 328.46, relating to operation of unregistered
44and unnumbered vessels.
45     (b)  Section 328.48(4), relating to display of number and
46possession of registration certificate.
47     (c)  Section 328.48(5), relating to display of decal.
48     (d)  Section 328.52(2), relating to display of number.
49     (e)  Section 328.54, relating to spacing of digits and
50letters of identification number.
51     (f)  Section 328.60, relating to military personnel and
52registration of vessels.
53     (g)  Section 328.72(13), relating to operation with an
54expired registration.
55     (h)  Section 327.33(2), relating to careless operation.
56     (i)  Section 327.37, relating to water skiing, aquaplaning,
57parasailing, and similar activities.
58     (j)  Section 327.44, relating to interference with
59navigation.
60     (k)  Violations relating to boating-restricted areas and
61speed limits:
62     1.  Established by the commission or by local governmental
63authorities pursuant to s. 327.46.
64     2.  Speed limits established pursuant to s. 379.2431(2).
65     (l)  Section 327.48, relating to regattas and races.
66     (m)  Section 327.50(1) and (2), relating to required safety
67equipment, lights, and shapes.
68     (n)  Section 327.65, relating to muffling devices.
69     (o)  Section 327.33(3)(b), relating to navigation rules,
70for which the penalty is:
71     1.  For a first offense, up to a maximum of $500.
72     2.  For a second offense, up to a maximum of $750.
73     3.  For a third or subsequent offense, up to a maximum of
74$1,000.
75     (p)  Section 327.39(1), (2), (3), and (5), relating to
76personal watercraft.
77     (q)  Section 327.53(1), (2), and (3), relating to marine
78sanitation.
79     (r)  Section 327.53(4), (5), and (7), relating to marine
80sanitation, for which the civil penalty is $250.
81     (s)  Section 327.395, relating to boater safety education.
82     (t)  Section 327.52(3), relating to operation of overloaded
83or overpowered vessels.
84     (u)  Section 327.331, relating to divers-down flags, except
85for violations meeting the requirements of s. 327.33.
86     (v)  Section 327.391(1), relating to the requirement for an
87adequate muffler on an airboat.
88     (w)  Section 327.391(3), relating to the display of a flag
89on an airboat.
90     (x)  Section 253.04(3)(a), relating to carelessly causing
91seagrass scarring, for which the civil penalty upon conviction
92is:
93     1.  For a first offense, $50.
94     2.  For a second offense occurring within 12 months after a
95prior conviction, $250.
96     3.  For a third offense occurring within 36 months after a
97prior conviction, $500.
98     4.  For a fourth or subsequent offense occurring within 72
99months after a prior conviction, $1,000.
100
101Any person cited for a violation of any such provision shall be
102deemed to be charged with a noncriminal infraction, shall be
103cited for such an infraction, and shall be cited to appear
104before the county court. The civil penalty for any such
105infraction is $50, except as otherwise provided in this section.
106Any person who fails to appear or otherwise properly respond to
107a uniform boating citation shall, in addition to the charge
108relating to the violation of the boating laws of this state, be
109charged with the offense of failing to respond to such citation
110and, upon conviction, be guilty of a misdemeanor of the second
111degree, punishable as provided in s. 775.082 or s. 775.083. A
112written warning to this effect shall be provided at the time
113such uniform boating citation is issued.
114
115Any person cited for a violation of any such provision shall be
116deemed to be charged with a noncriminal infraction, shall be
117cited for such an infraction, and shall be cited to appear
118before the county court. The civil penalty for any such
119infraction is $50, except as otherwise provided in this section.
120Any person who fails to appear or otherwise properly respond to
121a uniform boating citation shall, in addition to the charge
122relating to the violation of the boating laws of this state, be
123charged with the offense of failing to respond to such citation
124and, upon conviction, be guilty of a misdemeanor of the second
125degree, punishable as provided in s. 775.082 or s. 775.083. A
126written warning to this effect shall be provided at the time
127such uniform boating citation is issued.
128     (5)  Any person electing to appear before the county court
129or who is required so to appear shall be deemed to have waived
130the limitations on the civil penalty specified in subsection
131(1). The court, after a hearing, shall make a determination as
132to whether an infraction has been committed. If the commission
133of an infraction has been proven, the court may impose a civil
134penalty not to exceed $500 or a higher amount specified in
135subsection (1).
136     Section 3.  Subsection (2) of section 327.70, Florida
137Statutes, is amended to read:
138     327.70  Enforcement of this chapter and chapter 328.-
139     (2)(a)  Noncriminal violations of the following statutes
140may be enforced by a uniform boating citation mailed to the
141registered owner of an unattended vessel anchored, aground, or
142moored on the waters of this state:
143     1.  Section 327.33(3)(b), relating to navigation rules.
144     2.  Section 327.44, relating to interference with
145navigation.
146     3.  Section 327.50(2), relating to required lights and
147shapes.
148     4.  Section 327.53, relating to marine sanitation.
149     5.  Section 328.48(5), relating to display of decal.
150     6.  Section 328.52(2), relating to display of number.
151     (b)  Citations issued to livery vessels under this
152subsection shall be the responsibility of the lessee of the
153vessel if the livery has included a warning of this
154responsibility as a part of the rental agreement and has
155provided to the agency issuing the citation the name, address,
156and date of birth of the lessee when requested by that agency.
157The livery is not responsible for the payment of citations if
158the livery provides the required warning and lessee information.
159     Section 4.  For the purpose of incorporating the amendment
160made by this act to section 327.73, Florida Statutes, in a
161reference thereto, section 327.72, Florida Statutes, is
162reenacted and amended to read:
163     327.72  Penalties.-Any person failing to comply with the
164provisions of this chapter or chapter 328 not specified in s.
165327.73 or not paying the civil penalty specified in s. 327.73
166said section within 30 days, except as otherwise provided in
167this chapter or chapter 328, commits a misdemeanor of the second
168degree, punishable as provided in s. 775.082 or s. 775.083.
169     Section 5.  For the purpose of incorporating the amendment
170made by this act to section 327.73, Florida Statutes, in a
171reference thereto, subsection (1) of section 327.731, Florida
172Statutes, is reenacted to read:
173     327.731  Mandatory education for violators.-
174     (1)  Every person convicted of a criminal violation of this
175chapter, every person convicted of a noncriminal infraction
176under this chapter if the infraction resulted in a reportable
177boating accident, and every person convicted of two noncriminal
178infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
179and (s)-(x), said infractions occurring within a 12-month
180period, must:
181     (a)  Enroll in, attend, and successfully complete, at his
182or her own expense, a boating safety course that meets minimum
183standards established by the commission by rule; however, the
184commission may provide by rule pursuant to chapter 120 for
185waivers of the attendance requirement for violators residing in
186areas where classroom presentation of the course is not
187available;
188     (b)  File with the commission within 90 days proof of
189successful completion of the course;
190     (c)  Refrain from operating a vessel until he or she has
191filed the proof of successful completion of the course with the
192commission.
193
194Any person who has successfully completed an approved boating
195course shall be exempt from these provisions upon showing proof
196to the commission as specified in paragraph (b).
197     Section 6.  This act shall take effect October 1, 2011.


CODING: Words stricken are deletions; words underlined are additions.