CS/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 misdemeanor penalties for a violation
5that results in a boating accident causing serious bodily
6injury or death; providing that under certain
7circumstances a violation of navigation rules is a
8noncriminal violation; amending s. 327.73, F.S.; providing
9for increased penalties for certain noncriminal
10violations; deleting a duplicate provision; reenacting and
11amending s. 327.72, F.S., relating to penalties, to
12incorporate changes made by the act in references thereto;
13reenacting s. 327.731(1), F.S., relating to mandatory
14education for violators, to incorporate changes made by
15the act in references thereto; providing an effective
16date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Subsection (3) of section 327.33, Florida
21Statutes, is amended to read:
22     327.33  Reckless or careless operation of vessel.-
23     (3)  Each person operating a vessel upon the waters of this
24state shall comply with the navigation rules.
25     (a)  A person who violates whose violation of the
26navigation rules and the violation results in a boating accident
27causing serious bodily injury as defined in s. 327.353 or death,
28but the whose violation does did not constitute reckless
29operation of a vessel, commits is guilty of a misdemeanor of the
30second degree, punishable as provided in s. 775.082 or s.
31775.083.
32     (b)  A person who violates whose violation of the
33navigation rules and the violation does not result in a boating
34accident and does not constitute reckless operation of a vessel
35commits is guilty of a noncriminal violation as defined in s.
36775.08, punishable as provided in s. 327.73.
37     (c)  Law enforcement vessels may deviate from the
38navigational rules when such diversion is necessary to the
39performance of their duties and when such deviation may be
40safely accomplished.
41     Section 2.  Subsections (1) and (5) of section 327.73,
42Florida Statutes, are amended to read:
43     327.73  Noncriminal infractions.-
44     (1)  Violations of the following provisions of the vessel
45laws of this state are noncriminal infractions:
46     (a)  Section 328.46, relating to operation of unregistered
47and unnumbered vessels.
48     (b)  Section 328.48(4), relating to display of number and
49possession of registration certificate.
50     (c)  Section 328.48(5), relating to display of decal.
51     (d)  Section 328.52(2), relating to display of number.
52     (e)  Section 328.54, relating to spacing of digits and
53letters of identification number.
54     (f)  Section 328.60, relating to military personnel and
55registration of vessels.
56     (g)  Section 328.72(13), relating to operation with an
57expired registration.
58     (h)  Section 327.33(2), relating to careless operation.
59     (i)  Section 327.37, relating to water skiing, aquaplaning,
60parasailing, and similar activities.
61     (j)  Section 327.44, relating to interference with
62navigation.
63     (k)  Violations relating to boating-restricted areas and
64speed limits:
65     1.  Established by the commission or by local governmental
66authorities pursuant to s. 327.46.
67     2.  Speed limits established pursuant to s. 379.2431(2).
68     (l)  Section 327.48, relating to regattas and races.
69     (m)  Section 327.50(1) and (2), relating to required safety
70equipment, lights, and shapes.
71     (n)  Section 327.65, relating to muffling devices.
72     (o)1.  Section 327.33(3)(b), relating to a violation of
73navigation rules not resulting in an accident.
74     2.  Section 327.33(3)(b), relating to a violation of
75navigation rules resulting in an accident not causing serious
76bodily injury or death, for which the penalty is:
77     a.  For a first offense, up to a maximum of $500.
78     b.  For a second offense, up to a maximum of $750.
79     c.  For a third or subsequent offense, up to a maximum of
80$1,000.
81     (p)  Section 327.39(1), (2), (3), and (5), relating to
82personal watercraft.
83     (q)  Section 327.53(1), (2), and (3), relating to marine
84sanitation.
85     (r)  Section 327.53(4), (5), and (7), relating to marine
86sanitation, for which the civil penalty is $250.
87     (s)  Section 327.395, relating to boater safety education.
88     (t)  Section 327.52(3), relating to operation of overloaded
89or overpowered vessels.
90     (u)  Section 327.331, relating to divers-down flags, except
91for violations meeting the requirements of s. 327.33.
92     (v)  Section 327.391(1), relating to the requirement for an
93adequate muffler on an airboat.
94     (w)  Section 327.391(3), relating to the display of a flag
95on an airboat.
96     (x)  Section 253.04(3)(a), relating to carelessly causing
97seagrass scarring, for which the civil penalty upon conviction
98is:
99     1.  For a first offense, $50.
100     2.  For a second offense occurring within 12 months after a
101prior conviction, $250.
102     3.  For a third offense occurring within 36 months after a
103prior conviction, $500.
104     4.  For a fourth or subsequent offense occurring within 72
105months after a prior conviction, $1,000.
106
107Any person cited for a violation of any such provision shall be
108deemed to be charged with a noncriminal infraction, shall be
109cited for such an infraction, and shall be cited to appear
110before the county court. The civil penalty for any such
111infraction is $50, except as otherwise provided in this section.
112Any person who fails to appear or otherwise properly respond to
113a uniform boating citation shall, in addition to the charge
114relating to the violation of the boating laws of this state, be
115charged with the offense of failing to respond to such citation
116and, upon conviction, be guilty of a misdemeanor of the second
117degree, punishable as provided in s. 775.082 or s. 775.083. A
118written warning to this effect shall be provided at the time
119such uniform boating citation is issued.
120
121Any person cited for a violation of any such provision shall be
122deemed to be charged with a noncriminal infraction, shall be
123cited for such an infraction, and shall be cited to appear
124before the county court. The civil penalty for any such
125infraction is $50, except as otherwise provided in this section.
126Any person who fails to appear or otherwise properly respond to
127a uniform boating citation shall, in addition to the charge
128relating to the violation of the boating laws of this state, be
129charged with the offense of failing to respond to such citation
130and, upon conviction, be guilty of a misdemeanor of the second
131degree, punishable as provided in s. 775.082 or s. 775.083. A
132written warning to this effect shall be provided at the time
133such uniform boating citation is issued.
134     (5)  Any person electing to appear before the county court
135or who is required so to appear shall be deemed to have waived
136the limitations on the civil penalty specified in subsection
137(1). The court, after a hearing, shall make a determination as
138to whether an infraction has been committed. If the commission
139of an infraction has been proven, the court may impose a civil
140penalty not to exceed $500 or a higher amount specified in
141subsection (1).
142     Section 3.  For the purpose of incorporating the amendment
143made by this act to section 327.73, Florida Statutes, in a
144reference thereto, section 327.72, Florida Statutes, is
145reenacted and amended to read:
146     327.72  Penalties.-Any person failing to comply with the
147provisions of this chapter or chapter 328 not specified in s.
148327.73 or not paying the civil penalty specified in s. 327.73
149said section within 30 days, except as otherwise provided in
150this chapter or chapter 328, commits a misdemeanor of the second
151degree, punishable as provided in s. 775.082 or s. 775.083.
152     Section 4.  For the purpose of incorporating the amendment
153made by this act to section 327.73, Florida Statutes, in a
154reference thereto, subsection (1) of section 327.731, Florida
155Statutes, is reenacted to read:
156     327.731  Mandatory education for violators.-
157     (1)  Every person convicted of a criminal violation of this
158chapter, every person convicted of a noncriminal infraction
159under this chapter if the infraction resulted in a reportable
160boating accident, and every person convicted of two noncriminal
161infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
162and (s)-(x), said infractions occurring within a 12-month
163period, must:
164     (a)  Enroll in, attend, and successfully complete, at his
165or her own expense, a boating safety course that meets minimum
166standards established by the commission by rule; however, the
167commission may provide by rule pursuant to chapter 120 for
168waivers of the attendance requirement for violators residing in
169areas where classroom presentation of the course is not
170available;
171     (b)  File with the commission within 90 days proof of
172successful completion of the course;
173     (c)  Refrain from operating a vessel until he or she has
174filed the proof of successful completion of the course with the
175commission.
176
177Any person who has successfully completed an approved boating
178course shall be exempt from these provisions upon showing proof
179to the commission as specified in paragraph (b).
180     Section 5.  This act shall take effect October 1, 2011.


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