Florida Senate - 2021                                    SB 1834
       
       
        
       By Senator Pizzo
       
       
       
       
       
       38-01262-21                                           20211834__
    1                        A bill to be entitled                      
    2         An act relating to vessel safety; amending s. 327.30,
    3         F.S.; revising the penalties for persons operating a
    4         vessel involved in an accident or injury who leave the
    5         scene of the accident or injury under certain
    6         circumstances; providing graduated penalties depending
    7         on the level of damage to property or person; defining
    8         the term “serious bodily injury”; providing a
    9         mandatory minimum sentence for a person who willfully
   10         commits such violation resulting in the death of
   11         another while boating under the influence; amending s.
   12         327.33, F.S.; providing increased criminal penalties
   13         for the reckless operation of a vessel which causes
   14         seriously bodily injury to another; defining the term
   15         “serious bodily injury”; amending s. 327.35, F.S.;
   16         providing that a person commits boating under the
   17         influence manslaughter when their impaired operation
   18         of a vessel causes the death of an unborn child;
   19         defining the term “unborn child”; providing a
   20         mandatory minimum sentence for a conviction for such a
   21         violation; amending s. 782.072, F.S.; revising the
   22         definition of the term “vessel homicide” to include
   23         the killing of an unborn child by causing injury to
   24         the mother by operation of a vessel in a reckless
   25         manner under certain circumstances; defining the term
   26         “unborn child”; providing an effective date.
   27          
   28  Be It Enacted by the Legislature of the State of Florida:
   29  
   30         Section 1. Subsection (5) of section 327.30, Florida
   31  Statutes, is amended to read:
   32         327.30 Collisions, accidents, and casualties.—
   33         (5) It is unlawful for a person operating a vessel involved
   34  in an accident or injury to leave the scene of the accident or
   35  injury without giving all possible aid to all persons involved
   36  and making a reasonable effort to locate the owner or persons
   37  affected and subsequently complying with and notifying the
   38  appropriate law enforcement official as required under this
   39  section. If a Any person who violates this subsection and the
   40  with respect to an accident results resulting in: personal
   41  injury commits a felony of the third degree, punishable as
   42  provided in s. 775.082, s. 775.083, or s. 775.084. Any person
   43  who violates this subsection with respect to an accident
   44  resulting in property damage only commits a misdemeanor of the
   45  second degree, punishable as provided in s. 775.082 or s.
   46  775.083.
   47         (a)Property damage, the person commits a misdemeanor of
   48  the first degree, punishable as provided in s. 775.082, s.
   49  775.083, or s. 775.084;
   50         (b)Injury to a person other than serious bodily injury,
   51  the person commits a felony of the third degree, punishable as
   52  provided in s. 775.082, s. 775.083, or s. 775.084;
   53         (c)Serious bodily injury, the person commits a felony of
   54  the second degree, punishable as provided in s. 775.082, s.
   55  775.083, or s. 775.084. As used in this paragraph, the term
   56  “serious bodily injury” means an injury to a person, including
   57  the operator, which consists of a physical condition that
   58  creates a substantial risk of death, serious personal
   59  disfigurement, or protracted loss or impairment of the function
   60  of a bodily member or organ; or
   61         (d)The death of another person, the person commits a
   62  felony of the first degree, punishable as provided in s.
   63  775.082, s. 775.083, or s. 775.084. A person who willfully
   64  commits such a violation of this subsection while operating a
   65  vessel under the influence as set forth in s. 327.35 shall be
   66  sentenced to a mandatory minimum term of imprisonment of 4
   67  years.
   68         Section 2. Subsection (1) of section 327.33, Florida
   69  Statutes, is amended to read:
   70         327.33 Reckless or careless operation of vessel.—
   71         (1) It is unlawful to operate a vessel in a reckless
   72  manner. A person who operates any vessel, or manipulates any
   73  water skis, aquaplane, or similar device, in willful or wanton
   74  disregard for the safety of persons or property at a speed or in
   75  a manner as to endanger, or likely to endanger, life or limb, or
   76  damage the property of, or injure a person is guilty of reckless
   77  operation of a vessel. Reckless operation of a vessel includes,
   78  but is not limited to, a violation of s. 327.331(6). A person
   79  who violates this subsection:
   80         (a)Except as provided in paragraph (b), commits a
   81  misdemeanor of the first degree, punishable as provided in s.
   82  775.082 or s. 775.083; or.
   83         (b)While operating a vessel and who, by reason of such
   84  operation causes serious bodily injury to another, commits a
   85  felony of the third degree, punishable as provided in s.
   86  775.082, s. 775.083, or s. 775.084. As used in this paragraph,
   87  the term “serious bodily injury” means an injury to another
   88  person which consists of a physical condition that creates a
   89  serious personal disfigurement or protracted loss or impairment
   90  of the function of a bodily member or organ.
   91         Section 3. Subsection (3) of section 327.35, Florida
   92  Statutes, is amended to read:
   93         327.35 Boating under the influence; penalties; “designated
   94  drivers.”—
   95         (3) Any person:
   96         (a) Who is in violation of subsection (1);
   97         (b) Who operates a vessel; and
   98         (c) Who, by reason of such operation, causes or contributes
   99  to causing:
  100         1. Damage to the property or person of another commits a
  101  misdemeanor of the first degree, punishable as provided in s.
  102  775.082 or s. 775.083.
  103         2. Serious bodily injury to another, as defined in s.
  104  327.353, commits a felony of the third degree, punishable as
  105  provided in s. 775.082, s. 775.083, or s. 775.084.
  106         3. The death of any human being or unborn child commits BUI
  107  manslaughter, and commits:
  108         a. A felony of the second degree, punishable as provided in
  109  s. 775.082, s. 775.083, or s. 775.084.
  110         b. A felony of the first degree, punishable as provided in
  111  s. 775.082, s. 775.083, or s. 775.084, if:
  112         (I) At the time of the accident, the person knew, or should
  113  have known, that the accident occurred; and
  114         (II) The person failed to give information and render aid
  115  as required by s. 327.30.
  116  
  117  This sub-subparagraph does not require that the person knew that
  118  the accident resulted in injury or death.
  119  
  120  For the purposes of this subsection, the term “unborn child” has
  121  the same meaning as in s. 775.021(5)(e). A person who is
  122  convicted of BUI manslaughter shall be sentenced to a mandatory
  123  minimum term of imprisonment of 4 years.
  124         Section 4. Section 782.072, Florida Statutes, is amended to
  125  read:
  126         782.072 Vessel homicide.—“Vessel homicide” is the killing
  127  of a human being, or the killing of an unborn child by causing
  128  an injury to the mother, by the operation of a vessel as defined
  129  in s. 327.02 by another in a reckless manner likely to cause the
  130  death of, or great bodily harm to, another. Vessel homicide is:
  131         (1) A felony of the second degree, punishable as provided
  132  in s. 775.082, s. 775.083, or s. 775.084.
  133         (2) A felony of the first degree, punishable as provided in
  134  s. 775.082, s. 775.083, or s. 775.084, if:
  135         (a) At the time of the accident, the person knew, or should
  136  have known, that the accident occurred; and
  137         (b) The person failed to give information and render aid as
  138  required by s. 327.30(1).
  139  
  140  This subsection does not require that the person knew that the
  141  accident resulted in injury or death.
  142         (3) For purposes of this section, the term “unborn child”
  143  has the same meaning as in s. 775.021(5)(e).
  144         Section 5. This act shall take effect July 1, 2021.