Florida Senate - 2016                        COMMITTEE AMENDMENT
       Bill No. SB 1454
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/09/2016           .                                

       The Committee on Environmental Preservation and Conservation
       (Hutson) recommended the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 327.33, Florida
    6  Statutes, is amended to read:
    7         327.33 Reckless or careless operation of vessel.—
    8         (2) A Any person who operates any operating a vessel upon
    9  the waters of this state shall operate the vessel in a
   10  reasonable and prudent manner, having regard for other
   11  waterborne traffic, posted speed and wake restrictions, and all
   12  other attendant circumstances so as not to endanger the life,
   13  limb, or property of another any person outside the vessel or
   14  endanger the life, limb, or property of any person due to vessel
   15  overloading or excessive speed. The failure to operate a vessel
   16  in a manner described in this subsection constitutes careless
   17  operation. However, vessel wake and shoreline wash resulting
   18  from the reasonable and prudent operation of a vessel shall,
   19  absent negligence, does not constitute damage or endangerment to
   20  property. A Any person who violates the provisions of this
   21  subsection commits a noncriminal violation as defined in s.
   22  775.08.
   23         Section 2. Subsections (2), (3), and (4) of section 327.70,
   24  Florida Statutes, are amended to read:
   25         327.70 Enforcement of this chapter and chapter 328.—
   26         (2)(a)The operator of a vessel, upon demonstrated
   27  compliance with safety equipment carriage and use requirements
   28  as provided in this chapter during a safety inspection initiated
   29  by a law enforcement officer, shall be issued a safety
   30  inspection decal signifying such compliance. The safety
   31  inspection decal, if displayed, must be located within 6 inches
   32  of the inspected vessel’s properly displayed vessel registration
   33  decal and shall signify that the vessel is deemed to have met
   34  safety equipment carriage and use requirements as provided in
   35  this chapter at the time and location of inspection. For non
   36  motorized vessels which are not required to be registered, the
   37  safety inspection decal, if displayed, must be located on the
   38  forward half of the port side of the vessel above the waterline.
   39         (b)Law enforcement officers may not stop a vessel solely
   40  for the purpose of inspecting safety equipment carriage
   41  requirements when the vessel properly displays a valid safety
   42  inspection decal, created or approved by the Division of Law
   43  Enforcement of the Fish and Wildlife Conservation Commission,
   44  except when there is reasonable suspicion that a violation of a
   45  safety equipment carriage or use requirement has occurred or is
   46  occurring. Nothing herein is intended to restrict vessel stops
   47  for any other unlawful purpose.
   48         (3)(a) Noncriminal violations of the following statutes may
   49  be enforced by a uniform boating citation mailed to the
   50  registered owner of an unattended vessel anchored, aground, or
   51  moored on the waters of this state:
   52         1. Section 327.33(3)(b), relating to navigation rules.
   53         2. Section 327.44, relating to interference with
   54  navigation.
   55         3. Section 327.50(2), relating to required lights and
   56  shapes.
   57         4. Section 327.53, relating to marine sanitation.
   58         5. Section 328.48(5), relating to display of decal.
   59         6. Section 328.52(2), relating to display of number.
   60         (b) Citations issued to livery vessels under this
   61  subsection shall be the responsibility of the lessee of the
   62  vessel if the livery has included a warning of this
   63  responsibility as a part of the rental agreement and has
   64  provided to the agency issuing the citation the name, address,
   65  and date of birth of the lessee when requested by that agency.
   66  The livery is not responsible for the payment of citations if
   67  the livery provides the required warning and lessee information.
   68         (4)(3) Such officers shall have the power and duty to issue
   69  such orders and to make such investigations, reports, and
   70  arrests in connection with any violation of the provisions of
   71  this chapter and chapter 328 as are necessary to effectuate the
   72  intent and purpose of this chapter and chapter 328.
   73         (5)(4) The Fish and Wildlife Conservation Commission or any
   74  other law enforcement agency may make any investigation
   75  necessary to secure information required to carry out and
   76  enforce the provisions of this chapter and chapter 328.
   77         Section 3. This act shall take effect July 1, 2016.
   79  ================= T I T L E  A M E N D M E N T ================
   80  And the title is amended as follows:
   81         Delete everything before the enacting clause
   82  and insert:
   83                        A bill to be entitled                      
   84         An act relating to vessels; amending s. 327.33, F.S.;
   85         revising provisions relating to careless operation of
   86         a vessel; amending s. 327.70, F.S.; requiring the
   87         issuance and use of a safety inspection decal under
   88         certain circumstances; prohibiting law enforcement
   89         officers from stopping a vessel for a specified
   90         purpose under certain circumstances; providing an
   91         exception; providing an effective date.