Florida Senate - 2019                      CS for CS for SB 1666
       
       
        
       By the Committees on Community Affairs; and Environment and
       Natural Resources; and Senator Flores
       
       
       
       
       578-03798-19                                          20191666c2
    1                        A bill to be entitled                      
    2         An act relating to vessels; amending s. 327.395, F.S.;
    3         revising boating safety identification requirements
    4         for certain persons; requiring any person who rents
    5         and operates certain vessels to have certain
    6         photographic and safety identification in his or her
    7         possession before operating the vessel; authorizing
    8         the commission to appoint certain persons to issue
    9         temporary certificates; authorizing the commission to
   10         issue boating safety identification cards tor
   11         temporary certificates in digital or electronic
   12         formats; authorizing the commission to appoint agents
   13         to administer and charge fees for the boating safety
   14         education course or temporary certificate examination;
   15         amending s. 327.4109, F.S.; defining a term; directing
   16         the Fish and Wildlife Conservation Commission to
   17         conduct, contingent upon appropriation, a specified
   18         study of the impacts of long-term stored vessels and
   19         certain anchored and moored vessels on local
   20         communities and the state and to submit a report to
   21         the Governor and Legislature within a specified
   22         timeframe; providing for expiration of the study
   23         requirements; amending s. 327.60, F.S.; authorizing
   24         certain counties to create no-discharge zones;
   25         providing requirements for discharge in specified
   26         areas outside the no-discharge zones; reenacting and
   27         amending s. 327.73, F.S., relating to noncriminal
   28         infractions; specifying the fines for violations
   29         related to no-discharge zones; amending s. 328.72,
   30         F.S.; revising the distribution of vessel registration
   31         fees to provide grants for derelict vessel removal;
   32         amending s. 376.15, F.S.; authorizing the commission
   33         to use certain funds to remove, or to pay private
   34         contractors to remove, derelict vessels; amending s.
   35         823.11, F.S.; prohibiting persons from residing or
   36         dwelling on certain derelict vessels until certain
   37         conditions are met; providing an effective date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 327.395, Florida Statutes, is amended to
   42  read:
   43         327.395 Boating safety education identification cards.—
   44         (1) A person born on or after January 1, 1988, may not
   45  operate a vessel powered by a motor of 10 horsepower or greater,
   46  including the electric equivalent of 10 horsepower or greater,
   47  and a person of any age may not rent and operate such a vessel,
   48  unless such person has in his or her possession aboard the
   49  vessel photographic identification and a boating boater safety
   50  identification card issued by the commission, or a state-issued
   51  identification card or driver license indicating possession of
   52  the boating boater safety identification card, or photographic
   53  identification and a temporary certificate issued or approved by
   54  the commission, which shows that he or she has:
   55         (a) Completed a commission-approved boating safety boater
   56  education course that meets the minimum requirements 8-hour
   57  instruction requirement established by the National Association
   58  of State Boating Law Administrators; or
   59         (b) Passed a course equivalency examination approved by the
   60  commission; or
   61         (c) Passed a temporary certificate examination developed or
   62  approved by the commission.
   63         (2)(a)A Any person may obtain a boating boater safety
   64  identification card by successfully completing a boating safety
   65  education course that meets complying with the requirements of
   66  this section and rules adopted by the commission pursuant to
   67  this section.
   68         (b)A person may obtain a temporary certificate by passing
   69  a temporary certificate examination that meets the requirements
   70  of this section and rules adopted by the commission pursuant to
   71  this section.
   72         (3) Any commission-approved boating boater education or
   73  boater safety education course, course-equivalency examination
   74  developed or approved by the commission, or temporary
   75  certificate examination developed or approved by the commission
   76  must include a component regarding diving vessels, awareness of
   77  divers in the water, divers-down warning devices, and the
   78  requirements of s. 327.331.
   79         (4) The commission may appoint liveries, marinas, or other
   80  persons as its agents to administer the course, course
   81  equivalency examination, or temporary certificate examination
   82  and issue identification cards or temporary certificates in
   83  digital, electronic, or paper format under guidelines
   84  established by the commission. An agent must charge the $2
   85  examination fee, which must be forwarded to the commission with
   86  proof of passage of the examination and may charge and keep a $1
   87  service fee.
   88         (5) A boating safety An identification card issued to a
   89  person who has completed a boating safety education course or a
   90  course equivalency examination is valid for life. A temporary
   91  certificate card issued to a person who has passed a temporary
   92  certification examination is valid for 90 days after 12 months
   93  from the date of issuance. The commission may issue either the
   94  boating safety identification card or the temporary certificate
   95  in a digital, electronic, or paper format.
   96         (6) A person is exempt from subsection (1) if he or she:
   97         (a) Is licensed by the United States Coast Guard to serve
   98  as master of a vessel.
   99         (b) Operates a vessel only on a private lake or pond.
  100         (c) Is accompanied in the vessel by a person who is exempt
  101  from this section or who holds a boating safety an
  102  identification card in compliance with this section, who is 18
  103  years of age or older, and who is attendant to the operation of
  104  the vessel and responsible for the safe operation of the vessel
  105  and for any violation that occurs during the operation of the
  106  vessel.
  107         (d) Is a nonresident who has in his or her possession
  108  photographic identification and proof that he or she has
  109  completed a boating safety boater education course or
  110  equivalency examination in another state or a United States
  111  territory which meets or exceeds the minimum requirements
  112  established by the National Association of State Boating Law
  113  Administrators of subsection (1).
  114         (e) Is operating a vessel within 90 days after the purchase
  115  of that vessel and has available for inspection aboard that
  116  vessel a bill of sale meeting the requirements of s. 328.46(1).
  117         (f) Is operating a vessel within 90 days after completing
  118  the requirements of paragraph (1)(a) or paragraph (1)(b) and has
  119  a photographic identification card and a boating safety boater
  120  education certificate available for inspection as proof of
  121  having completed a boating safety boater education course. The
  122  boating safety boater education certificate must provide, at a
  123  minimum, the student’s first and last name, the student’s date
  124  of birth, and the date that he or she passed the course
  125  examination.
  126         (g) Is exempted by rule of the commission.
  127         (7) A person who operates a vessel in violation of
  128  subsection (1) commits a noncriminal infraction, punishable as
  129  provided in s. 327.73.
  130         (8) The commission shall design forms and adopt rules to
  131  administer this section. Such rules shall include provision for
  132  educational and other public and private entities to offer the
  133  course and administer examinations.
  134         (8)(9) The commission shall institute and coordinate a
  135  statewide program of boating safety instruction and
  136  certification to ensure that boating safety courses and
  137  examinations are available in each county of the state. The
  138  commission may appoint agents to administer the boating safety
  139  education course or temporary certificate examination and may
  140  authorize the agents to issue temporary certificates in digital,
  141  electronic, or paper format. The agents shall charge and collect
  142  the $2 fee required in subsection (9) for each temporary
  143  certificate, which must be forwarded to the commission. The
  144  agent may charge and keep a $1 service fee.
  145         (9)(10) The commission is authorized to establish and to
  146  collect a $2 examination fee for each card and certificate
  147  issued pursuant to this section to cover administrative costs.
  148         (10)(11) The commission shall design forms and is
  149  authorized to adopt rules pursuant to chapter 120 to implement
  150  the provisions of this section.
  151         (11)(12) This section may be cited as the “Osmany ‘Ozzie’
  152  Castellanos Boating Safety Education Act.”
  153         Section 2. Subsection (6) is added to section 327.4109,
  154  Florida Statutes, to read:
  155         327.4109 Anchoring or mooring prohibited; exceptions;
  156  penalties.—
  157         (6)(a)As used in this subsection, and applied only for the
  158  purposes of the study required by this subsection and not for
  159  any other purposes, the term “long-term stored vessel” means a
  160  vessel on the waters of the state which is not under the
  161  supervision and control of a person capable of operating,
  162  maintaining, or moving it from one location to another and which
  163  has remained anchored or moored outside of a public mooring
  164  field for at least 30 days out of a 60-day period.
  165         (b)The commission shall conduct, or contract with a
  166  private vendor to conduct, for not longer than 2 years, a study
  167  of the impacts of long-term stored vessels on local communities
  168  and this state.
  169         (c)The study shall:
  170         1.Investigate whether, and to what extent, long-term
  171  stored vessels and vessels anchored or moored outside of public
  172  mooring fields for more than 30 days contribute to the number of
  173  derelict and abandoned vessels on the waters of the state.
  174         2.Investigate the impacts of long-term stored vessels,
  175  vessels anchored or moored outside of public mooring fields for
  176  more than 30 days, and vessels moored within public mooring
  177  fields on the local and state economies, public safety, and the
  178  environment during and after significant tropical storm and
  179  hurricane events.
  180         3.Provide recommendations for appropriate management
  181  options for long-term stored vessels and vessels anchored or
  182  moored outside public mooring fields for more than 30 days to
  183  mitigate any identified negative impacts to local communities
  184  and this state.
  185         (d)The commission shall submit a report of its findings
  186  and recommendations to the Governor, the President of the
  187  Senate, and the Speaker of the House of Representatives within 6
  188  months after the study is completed.
  189         (e)This subsection is contingent upon appropriation by the
  190  Legislature.
  191         (f)This subsection expires January 1, 2024.
  192         Section 3. Present paragraphs (c) and (d) of subsection (4)
  193  of section 327.60, Florida Statutes, are redesignated as
  194  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  195  added to that subsection, to read:
  196         327.60 Local regulations; limitations.—
  197         (4)
  198         (c) A county designated as a rural area of opportunity may
  199  create a no-discharge zone for freshwater waterbodies within the
  200  county’s jurisdiction to prohibit treated and untreated sewage
  201  discharges from floating structures not capable of being used as
  202  a means of transportation, live-aboard vessels, and houseboats.
  203  Within no-discharge zone boundaries, operators of such floating
  204  structures, live-aboard vessels, and houseboats shall retain
  205  their sewage on shore for discharge at a pumpout facility or on
  206  board for discharge more than 3 miles off the coast in the
  207  Atlantic Ocean or more than 10 miles off the coast in the Gulf
  208  of Mexico. Violations of this paragraph are punishable as
  209  provided in s. 327.53(6) and (7).
  210         Section 4. Paragraph (r) of subsection (1) of section
  211  327.73, Florida Statutes, is amended, and paragraph (s) of that
  212  subsection and subsection (4) of that section are reenacted, to
  213  read:
  214         327.73 Noncriminal infractions.—
  215         (1) Violations of the following provisions of the vessel
  216  laws of this state are noncriminal infractions:
  217         (r) Section 327.53(4), (5), and (7), relating to marine
  218  sanitation, and section 327.60, relating to no-discharge zones,
  219  for which the civil penalty is $250.
  220         (s) Section 327.395, relating to boater safety education.
  221  
  222  Any person cited for a violation of any provision of this
  223  subsection shall be deemed to be charged with a noncriminal
  224  infraction, shall be cited for such an infraction, and shall be
  225  cited to appear before the county court. The civil penalty for
  226  any such infraction is $50, except as otherwise provided in this
  227  section. Any person who fails to appear or otherwise properly
  228  respond to a uniform boating citation shall, in addition to the
  229  charge relating to the violation of the boating laws of this
  230  state, be charged with the offense of failing to respond to such
  231  citation and, upon conviction, be guilty of a misdemeanor of the
  232  second degree, punishable as provided in s. 775.082 or s.
  233  775.083. A written warning to this effect shall be provided at
  234  the time such uniform boating citation is issued.
  235         (4) Any person charged with a noncriminal infraction under
  236  this section may:
  237         (a) Pay the civil penalty, either by mail or in person,
  238  within 30 days of the date of receiving the citation; or,
  239         (b) If he or she has posted bond, forfeit bond by not
  240  appearing at the designated time and location.
  241  
  242  If the person cited follows either of the above procedures, he
  243  or she shall be deemed to have admitted the noncriminal
  244  infraction and to have waived the right to a hearing on the
  245  issue of commission of the infraction. Such admission shall not
  246  be used as evidence in any other proceedings. If a person who is
  247  cited for a violation of s. 327.395 can show a boating safety
  248  identification card issued to that person and valid at the time
  249  of the citation, the clerk of the court may dismiss the case and
  250  may assess a dismissal fee of up to $10. If a person who is
  251  cited for a violation of s. 328.72(13) can show proof of having
  252  a registration for that vessel which was valid at the time of
  253  the citation, the clerk may dismiss the case and may assess the
  254  dismissal fee.
  255         Section 5. Subsection (15) of section 328.72, Florida
  256  Statutes, is amended to read:
  257         328.72 Classification; registration; fees and charges;
  258  surcharge; disposition of fees; fines; marine turtle stickers.—
  259         (15) DISTRIBUTION OF FEES.—Except as provided in this
  260  subsection for the first $2, $1 of which shall be remitted to
  261  the state for deposit into the Save the Manatee Trust Fund
  262  created within the Fish and Wildlife Conservation Commission and
  263  $1 of which shall be remitted to the state for deposit into the
  264  Marine Resources Conservation Trust Fund to fund a grant program
  265  for public launching facilities pursuant to s. 206.606, giving
  266  priority consideration to counties with more than 35,000
  267  registered vessels, moneys designated for the use of the
  268  counties, as specified in subsection (1), shall be distributed
  269  by the tax collector to the board of county commissioners for
  270  use only as provided in this section. Such moneys to be returned
  271  to the counties are for the sole purposes of providing,
  272  maintaining, or operating recreational channel marking and other
  273  uniform waterway markers, public boat ramps, lifts, and hoists,
  274  marine railways, boat piers, docks, mooring buoys, and other
  275  public launching facilities; and removing derelict vessels,
  276  debris that specifically impede boat access, not including the
  277  dredging of channels, and vessels and floating structures deemed
  278  a hazard to public safety and health for failure to comply with
  279  s. 327.53. Counties shall demonstrate through an annual detailed
  280  accounting report of vessel registration revenues that the
  281  registration fees were spent as provided in this subsection.
  282  This report shall be provided to the Fish and Wildlife
  283  Conservation Commission no later than November 1 of each year.
  284  If, before January 1 of each calendar year, the accounting
  285  report meeting the prescribed criteria has still not been
  286  provided to the commission, the tax collector of that county may
  287  not distribute the moneys designated for the use of counties, as
  288  specified in subsection (1), to the board of county
  289  commissioners but shall, for the next calendar year, remit such
  290  moneys to the state for deposit into the Marine Resources
  291  Conservation Trust Fund. The commission shall return those
  292  moneys to the county if the county fully complies with this
  293  section within that calendar year. If the county does not fully
  294  comply with this section within that calendar year, the moneys
  295  shall remain within the Marine Resources Trust Fund and may be
  296  appropriated for the purposes specified in this subsection.
  297         (a)From the vessel registration fees designated for use by
  298  the counties in subsection (1), $1 shall be remitted to the
  299  state for deposit into the Save the Manatee Trust Fund.
  300         (b)From the vessel registration fees designated for use by
  301  the counties in subsection (1), $1 shall be remitted to the
  302  state for deposit into the Marine Resources Conservation Trust
  303  Fund to fund a grant program for public launching facilities
  304  pursuant to s. 206.606, giving priority consideration to
  305  counties with more than 35,000 registered vessels.
  306         (c)From the vessel registration fees designated for use by
  307  the counties in subsection (1), the following amounts shall be
  308  remitted to the state for deposit into the Marine Resources
  309  Conservation Trust Fund to fund derelict vessel removal grants,
  310  as appropriated by the legislature pursuant to s. 376.15:
  311         1.Class A-2: $0.25 for each 12-month period registered.
  312         2.Class 1: $2.06 for each 12-month period registered.
  313         3.Class 2: $9.26 for each 12-month period registered.
  314         4.Class 3: $16.45 for each 12-month period registered.
  315         5.Class 4: $20.06 for each 12-month period registered.
  316         6.Class 5: $25.46 for each 12-month period registered.
  317         (d)Any undisbursed balances identified pursuant to s.
  318  216.301, shall be available for reappropriation to fund the
  319  Florida Boating Improvement Program or public boating access in
  320  accordance with s. 206.06.
  321         Section 6. Paragraph (d) of subsection (3) of section
  322  376.15, Florida Statutes, is amended to read:
  323         376.15 Derelict vessels; relocation or removal from public
  324  waters.—
  325         (3)
  326         (d) The commission may establish a program to provide
  327  grants to local governments for the removal of derelict vessels
  328  from the public waters of the state. The program shall be funded
  329  from the Marine Resources Conservation Trust Fund or the Florida
  330  Coastal Protection Trust Fund. Notwithstanding the provisions in
  331  s. 216.181(11), funds available for grants may only be
  332  authorized by appropriations acts of the Legislature. In a given
  333  fiscal year, if all funds appropriated pursuant to this
  334  paragraph are not requested by and granted to local governments
  335  for the removal of derelict vessels by the end of the third
  336  quarter, the Fish and Wildlife Conservation Commission may use
  337  the remainder of the funds to remove, or to pay private
  338  contractors to remove, derelict vessels.
  339         Section 7. Subsection (6) is added to section 823.11,
  340  Florida Statutes, to read:
  341         823.11 Derelict vessels; relocation or removal; penalty.—
  342         (6)If an owner or a responsible party of a vessel
  343  determined to be derelict through an administrative or criminal
  344  proceeding has been charged by an officer of the commission or
  345  any law enforcement agency or officer as specified in s. 327.70
  346  under subsection (5) for a violation of subsection (2) or a
  347  violation of s. 376.15(2), a person may not reside or dwell on
  348  such vessel until the vessel is removed from the waters of the
  349  state permanently or returned to the waters of the state in a
  350  condition that is no longer derelict.
  351         Section 8. This act shall take effect July 1, 2019.