Florida Senate - 2020                                    SB 1786
       
       
        
       By Senator Stewart
       
       
       
       
       
       13-01531-20                                           20201786__
    1                        A bill to be entitled                      
    2         An act relating to vessel safety; amending s. 327.33,
    3         F.S.; prohibiting a vessel operator from endangering
    4         the life, limb, or property of another person by
    5         allowing passengers to ride on the bow of the vessel;
    6         providing that careless operation includes causing
    7         wake to law enforcement vessels under certain
    8         circumstances; reenacting ss. 327.39(4) and
    9         327.73(1)(h), F.S., relating to the regulation of
   10         personal watercrafts and noncriminal infractions for
   11         violating vessel laws of this state, respectively, to
   12         incorporate the amendment made to s. 327.33, F.S., in
   13         references thereto; providing an effective date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (2) of section 327.33, Florida
   18  Statutes, is amended to read:
   19         327.33 Reckless or careless operation of vessel.—
   20         (2) A person who operates any vessel upon the waters of
   21  this state shall operate the vessel in a reasonable and prudent
   22  manner, having regard for other waterborne traffic, posted speed
   23  and wake restrictions, and all other attendant circumstances so
   24  as not to endanger the life, limb, or property of another person
   25  outside the vessel or to endanger the life, limb, or property of
   26  another person due to vessel overloading, allowing passengers to
   27  ride on the bow of the vessel, or excessive speed. The failure
   28  to operate a vessel in a manner described in this subsection
   29  constitutes careless operation. Careless operation of a vessel
   30  also includes causing vessel wake that affects a law enforcement
   31  vessel that has stopped upon the waters of this state with its
   32  emergency lights activated. However, vessel wake and shoreline
   33  wash resulting from the reasonable and prudent operation of a
   34  vessel, absent negligence, does not constitute damage or
   35  endangerment to property. A person who violates this subsection
   36  commits a noncriminal violation as defined in s. 775.08.
   37         Section 2. For the purpose of incorporating the amendment
   38  made by this act to section 327.33, Florida Statutes, in a
   39  reference thereto, subsection (4) of section 327.39, Florida
   40  Statutes, is reenacted to read:
   41         327.39 Personal watercraft regulated.—
   42         (4) A personal watercraft must at all times be operated in
   43  a reasonable and prudent manner. Maneuvers which unreasonably or
   44  unnecessarily endanger life, limb, or property, including, but
   45  not limited to, weaving through congested vessel traffic,
   46  jumping the wake of another vessel unreasonably or unnecessarily
   47  close to such other vessel or when visibility around such other
   48  vessel is obstructed, and swerving at the last possible moment
   49  to avoid collision shall constitute reckless operation of a
   50  vessel, as provided in s. 327.33(1). Any person operating a
   51  personal watercraft must comply with the provisions of s.
   52  327.33.
   53         Section 3. For the purpose of incorporating the amendment
   54  made by this act to section 327.33, Florida Statutes, in a
   55  reference thereto, paragraph (h) of subsection (1) of section
   56  327.73, Florida Statutes, is reenacted to read:
   57         327.73 Noncriminal infractions.—
   58         (1) Violations of the following provisions of the vessel
   59  laws of this state are noncriminal infractions:
   60         (h) Section 327.33(2), relating to careless operation.
   61  
   62  Any person cited for a violation of any provision of this
   63  subsection shall be deemed to be charged with a noncriminal
   64  infraction, shall be cited for such an infraction, and shall be
   65  cited to appear before the county court. The civil penalty for
   66  any such infraction is $50, except as otherwise provided in this
   67  section. Any person who fails to appear or otherwise properly
   68  respond to a uniform boating citation shall, in addition to the
   69  charge relating to the violation of the boating laws of this
   70  state, be charged with the offense of failing to respond to such
   71  citation and, upon conviction, be guilty of a misdemeanor of the
   72  second degree, punishable as provided in s. 775.082 or s.
   73  775.083. A written warning to this effect shall be provided at
   74  the time such uniform boating citation is issued.
   75         Section 4. This act shall take effect July 1, 2020.