Florida Senate - 2016                             CS for SB 1454
       By the Committee on Environmental Preservation and Conservation;
       and Senator Hutson
       592-03277-16                                          20161454c1
    1                        A bill to be entitled                      
    2         An act relating to vessels; amending s. 327.33, F.S.;
    3         revising provisions relating to careless operation of
    4         a vessel; amending s. 327.70, F.S.; requiring the
    5         issuance and use of a safety inspection decal under
    6         certain circumstances; prohibiting law enforcement
    7         officers from stopping a vessel for a specified
    8         purpose under certain circumstances; providing an
    9         exception; providing an effective date.
   11  Be It Enacted by the Legislature of the State of Florida:
   13         Section 1. Subsection (2) of section 327.33, Florida
   14  Statutes, is amended to read:
   15         327.33 Reckless or careless operation of vessel.—
   16         (2) A Any person who operates any operating a vessel upon
   17  the waters of this state shall operate the vessel in a
   18  reasonable and prudent manner, having regard for other
   19  waterborne traffic, posted speed and wake restrictions, and all
   20  other attendant circumstances so as not to endanger the life,
   21  limb, or property of another any person outside the vessel or
   22  endanger the life, limb, or property of any person due to vessel
   23  overloading or excessive speed. The failure to operate a vessel
   24  in a manner described in this subsection constitutes careless
   25  operation. However, vessel wake and shoreline wash resulting
   26  from the reasonable and prudent operation of a vessel shall,
   27  absent negligence, does not constitute damage or endangerment to
   28  property. A Any person who violates the provisions of this
   29  subsection commits a noncriminal violation as defined in s.
   30  775.08.
   31         Section 2. Subsections (2), (3), and (4) of section 327.70,
   32  Florida Statutes, are amended to read:
   33         327.70 Enforcement of this chapter and chapter 328.—
   34         (2)(a)The operator of a vessel, upon demonstrated
   35  compliance with safety equipment carriage and use requirements
   36  as provided in this chapter during a safety inspection initiated
   37  by a law enforcement officer, shall be issued a safety
   38  inspection decal signifying such compliance. The safety
   39  inspection decal, if displayed, must be located within 6 inches
   40  of the inspected vessel’s properly displayed vessel registration
   41  decal and shall signify that the vessel is deemed to have met
   42  safety equipment carriage and use requirements as provided in
   43  this chapter at the time and location of inspection. For non
   44  motorized vessels which are not required to be registered, the
   45  safety inspection decal, if displayed, must be located on the
   46  forward half of the port side of the vessel above the waterline.
   47         (b)Law enforcement officers may not stop a vessel solely
   48  for the purpose of inspecting safety equipment carriage
   49  requirements when the vessel properly displays a valid safety
   50  inspection decal, created or approved by the Division of Law
   51  Enforcement of the Fish and Wildlife Conservation Commission,
   52  except when there is reasonable suspicion that a violation of a
   53  safety equipment carriage or use requirement has occurred or is
   54  occurring. Nothing herein is intended to restrict vessel stops
   55  for any other unlawful purpose.
   56         (3)(a) Noncriminal violations of the following statutes may
   57  be enforced by a uniform boating citation mailed to the
   58  registered owner of an unattended vessel anchored, aground, or
   59  moored on the waters of this state:
   60         1. Section 327.33(3)(b), relating to navigation rules.
   61         2. Section 327.44, relating to interference with
   62  navigation.
   63         3. Section 327.50(2), relating to required lights and
   64  shapes.
   65         4. Section 327.53, relating to marine sanitation.
   66         5. Section 328.48(5), relating to display of decal.
   67         6. Section 328.52(2), relating to display of number.
   68         (b) Citations issued to livery vessels under this
   69  subsection shall be the responsibility of the lessee of the
   70  vessel if the livery has included a warning of this
   71  responsibility as a part of the rental agreement and has
   72  provided to the agency issuing the citation the name, address,
   73  and date of birth of the lessee when requested by that agency.
   74  The livery is not responsible for the payment of citations if
   75  the livery provides the required warning and lessee information.
   76         (4)(3) Such officers shall have the power and duty to issue
   77  such orders and to make such investigations, reports, and
   78  arrests in connection with any violation of the provisions of
   79  this chapter and chapter 328 as are necessary to effectuate the
   80  intent and purpose of this chapter and chapter 328.
   81         (5)(4) The Fish and Wildlife Conservation Commission or any
   82  other law enforcement agency may make any investigation
   83  necessary to secure information required to carry out and
   84  enforce the provisions of this chapter and chapter 328.
   85         Section 3. This act shall take effect July 1, 2016.