ENROLLED
       2019 Legislature     CS for CS for CS for SB 1666, 1st Engrossed
       
       
       
       
       
       
                                                             20191666er
    1  
    2         An act relating to vessels; amending s. 327.395, F.S.;
    3         revising boating safety identification requirements
    4         for certain persons; authorizing the commission to
    5         appoint certain persons to issue temporary
    6         certificates; authorizing the commission to issue
    7         boating safety identification cards or temporary
    8         certificates in digital or electronic formats;
    9         authorizing the commission to appoint agents to
   10         administer and charge fees for the boating safety
   11         education course or temporary certificate examination;
   12         amending s. 327.4109, F.S.; defining a term; directing
   13         the Fish and Wildlife Conservation Commission to
   14         conduct, contingent upon appropriation, a specified
   15         study of the impacts of long-term stored vessels and
   16         certain anchored and moored vessels on local
   17         communities and the state and to submit a report to
   18         the Governor and Legislature within a specified
   19         timeframe; providing for expiration of the study
   20         requirements; amending s. 327.60, F.S.; authorizing
   21         certain counties, upon certain approval, to create no
   22         discharge zones; providing requirements for discharge
   23         in specified areas outside the no-discharge zones;
   24         reenacting and amending s. 327.73, F.S., relating to
   25         noncriminal infractions; specifying the fines for
   26         violations related to no-discharge zones; amending s.
   27         328.72, F.S.; revising the distribution of vessel
   28         registration fees to provide grants for derelict
   29         vessel removal; amending s. 376.15, F.S.; authorizing
   30         the commission to use certain funds to remove, or to
   31         pay private contractors to remove, derelict vessels;
   32         amending s. 823.11, F.S.; prohibiting persons from
   33         residing or dwelling on certain derelict vessels until
   34         certain conditions are met; providing an effective
   35         date.
   36          
   37  Be It Enacted by the Legislature of the State of Florida:
   38  
   39         Section 1. Section 327.395, Florida Statutes, is amended to
   40  read:
   41         327.395 Boating safety education identification cards.—
   42         (1) A person born on or after January 1, 1988, may not
   43  operate a vessel powered by a motor of 10 horsepower or greater
   44  unless such person has in his or her possession aboard the
   45  vessel photographic identification and a boating boater safety
   46  identification card issued by the commission, or a state-issued
   47  identification card or driver license indicating possession of
   48  the boating boater safety identification card, or photographic
   49  identification and a temporary certificate issued or approved by
   50  the commission, which shows that he or she has:
   51         (a) Completed a commission-approved boating safety boater
   52  education course that meets the minimum requirements 8-hour
   53  instruction requirement established by the National Association
   54  of State Boating Law Administrators; or
   55         (b) Passed a course equivalency examination approved by the
   56  commission; or
   57         (c) Passed a temporary certificate examination developed or
   58  approved by the commission.
   59         (2)(a)A Any person may obtain a boating boater safety
   60  identification card by successfully completing a boating safety
   61  education course that meets complying with the requirements of
   62  this section and rules adopted by the commission pursuant to
   63  this section.
   64         (b)A person may obtain a temporary certificate by passing
   65  a temporary certificate examination that meets the requirements
   66  of this section and rules adopted by the commission pursuant to
   67  this section.
   68         (3) Any commission-approved boating boater education or
   69  boater safety education course, course-equivalency examination
   70  developed or approved by the commission, or temporary
   71  certificate examination developed or approved by the commission
   72  must include a component regarding diving vessels, awareness of
   73  divers in the water, divers-down warning devices, and the
   74  requirements of s. 327.331.
   75         (4) The commission may appoint liveries, marinas, or other
   76  persons as its agents to administer the course, course
   77  equivalency examination, or temporary certificate examination
   78  and issue identification cards or temporary certificates in
   79  digital, electronic, or paper format under guidelines
   80  established by the commission. An agent must charge the $2
   81  examination fee, which must be forwarded to the commission with
   82  proof of passage of the examination and may charge and keep a $1
   83  service fee.
   84         (5) A boating safety An identification card issued to a
   85  person who has completed a boating safety education course or a
   86  course equivalency examination is valid for life. A temporary
   87  certificate card issued to a person who has passed a temporary
   88  certification examination is valid for 90 days after 12 months
   89  from the date of issuance. The commission may issue either the
   90  boating safety identification card or the temporary certificate
   91  in a digital, electronic, or paper format.
   92         (6) A person is exempt from subsection (1) if he or she:
   93         (a) Is licensed by the United States Coast Guard to serve
   94  as master of a vessel.
   95         (b) Operates a vessel only on a private lake or pond.
   96         (c) Is accompanied in the vessel by a person who is exempt
   97  from this section or who holds a boating safety an
   98  identification card in compliance with this section, who is 18
   99  years of age or older, and who is attendant to the operation of
  100  the vessel and responsible for the safe operation of the vessel
  101  and for any violation that occurs during the operation of the
  102  vessel.
  103         (d) Is a nonresident who has in his or her possession
  104  photographic identification and proof that he or she has
  105  completed a boating safety boater education course or
  106  equivalency examination in another state or a United States
  107  territory which meets or exceeds the minimum requirements
  108  established by the National Association of State Boating Law
  109  Administrators of subsection (1).
  110         (e) Is operating a vessel within 90 days after the purchase
  111  of that vessel and has available for inspection aboard that
  112  vessel a bill of sale meeting the requirements of s. 328.46(1).
  113         (f) Is operating a vessel within 90 days after completing
  114  the requirements of paragraph (1)(a) or paragraph (1)(b) and has
  115  a photographic identification card and a boating safety boater
  116  education certificate available for inspection as proof of
  117  having completed a boating safety boater education course. The
  118  boating safety boater education certificate must provide, at a
  119  minimum, the student’s first and last name, the student’s date
  120  of birth, and the date that he or she passed the course
  121  examination.
  122         (g) Is exempted by rule of the commission.
  123         (7) A person who operates a vessel in violation of
  124  subsection (1) commits a noncriminal infraction, punishable as
  125  provided in s. 327.73.
  126         (8) The commission shall design forms and adopt rules to
  127  administer this section. Such rules shall include provision for
  128  educational and other public and private entities to offer the
  129  course and administer examinations.
  130         (8)(9) The commission shall institute and coordinate a
  131  statewide program of boating safety instruction and
  132  certification to ensure that boating safety courses and
  133  examinations are available in each county of the state. The
  134  commission may appoint agents to administer the boating safety
  135  education course or temporary certificate examination and may
  136  authorize the agents to issue temporary certificates in digital,
  137  electronic, or paper format. The agents shall charge and collect
  138  the $2 fee required in subsection (9) for each temporary
  139  certificate, which must be forwarded to the commission. The
  140  agent may charge and keep a $1 service fee.
  141         (9)(10) The commission is authorized to establish and to
  142  collect a $2 examination fee for each card and certificate
  143  issued pursuant to this section to cover administrative costs.
  144         (10)(11) The commission shall design forms and is
  145  authorized to adopt rules pursuant to chapter 120 to implement
  146  the provisions of this section.
  147         (11)(12) This section may be cited as the “Osmany ‘Ozzie’
  148  Castellanos Boating Safety Education Act.”
  149         Section 2. Subsection (6) is added to section 327.4109,
  150  Florida Statutes, to read:
  151         327.4109 Anchoring or mooring prohibited; exceptions;
  152  penalties.—
  153         (6)(a)As used in this subsection, and applied only for the
  154  purposes of the study required by this subsection and not for
  155  any other purposes, the term “long-term stored vessel” means a
  156  vessel on the waters of the state which is not under the
  157  supervision and control of a person capable of operating,
  158  maintaining, or moving it from one location to another and which
  159  has remained anchored or moored outside of a public mooring
  160  field for at least 30 days out of a 60-day period.
  161         (b)The commission shall conduct, or contract with a
  162  private vendor to conduct, for not longer than 2 years, a study
  163  of the impacts of long-term stored vessels on local communities
  164  and this state.
  165         (c)The study shall:
  166         1.Investigate whether, and to what extent, long-term
  167  stored vessels and vessels anchored or moored outside of public
  168  mooring fields for more than 30 days contribute to the number of
  169  derelict and abandoned vessels on the waters of the state.
  170         2.Investigate the impacts of long-term stored vessels,
  171  vessels anchored or moored outside of public mooring fields for
  172  more than 30 days, and vessels moored within public mooring
  173  fields on the local and state economies; public safety; public
  174  boat ramps, staging docks, and public marinas; and the
  175  environment during and after significant tropical storm and
  176  hurricane events.
  177         3.Provide recommendations for appropriate management
  178  options for long-term stored vessels and vessels anchored or
  179  moored outside public mooring fields for more than 30 days to
  180  mitigate any identified negative impacts to local communities
  181  and this state.
  182         (d)The commission shall submit a report of its findings
  183  and recommendations to the Governor, the President of the
  184  Senate, and the Speaker of the House of Representatives within 6
  185  months after the study is completed.
  186         (e)This subsection is contingent upon appropriation by the
  187  Legislature.
  188         (f)This subsection expires January 1, 2024.
  189         Section 3. Present paragraphs (c) and (d) of subsection (4)
  190  of section 327.60, Florida Statutes, are redesignated as
  191  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  192  added to that subsection, to read:
  193         327.60 Local regulations; limitations.—
  194         (4)
  195         (c) Upon approval of the Administrator of the United States
  196  Environmental Protection Agency pursuant to 33 U.S.C. s. 1322, a
  197  county designated as a rural area of opportunity may create a
  198  no-discharge zone for freshwater waterbodies within the county’s
  199  jurisdiction to prohibit treated and untreated sewage discharges
  200  from floating structures and live-aboard vessels not capable of
  201  being used as a means of transportation and from houseboats.
  202  Within no-discharge zone boundaries, operators of such floating
  203  structures, live-aboard vessels, and houseboats shall retain
  204  their sewage on board for discharge at a pumpout facility or for
  205  discharge more than 3 miles off the coast in the Atlantic Ocean
  206  or more than 9 miles off the coast in the Gulf of Mexico.
  207  Violations of this paragraph are punishable as provided in s.
  208  327.53(6) and (7).
  209         Section 4. Paragraph (r) of subsection (1) of section
  210  327.73, Florida Statutes, is amended, and paragraph (s) of that
  211  subsection and subsection (4) of that section are reenacted, to
  212  read:
  213         327.73 Noncriminal infractions.—
  214         (1) Violations of the following provisions of the vessel
  215  laws of this state are noncriminal infractions:
  216         (r) Section 327.53(4), (5), and (7), relating to marine
  217  sanitation, and section 327.60, relating to no-discharge zones,
  218  for which the civil penalty is $250.
  219         (s) Section 327.395, relating to boater safety education.
  220  
  221  Any person cited for a violation of any provision of this
  222  subsection shall be deemed to be charged with a noncriminal
  223  infraction, shall be cited for such an infraction, and shall be
  224  cited to appear before the county court. The civil penalty for
  225  any such infraction is $50, except as otherwise provided in this
  226  section. Any person who fails to appear or otherwise properly
  227  respond to a uniform boating citation shall, in addition to the
  228  charge relating to the violation of the boating laws of this
  229  state, be charged with the offense of failing to respond to such
  230  citation and, upon conviction, be guilty of a misdemeanor of the
  231  second degree, punishable as provided in s. 775.082 or s.
  232  775.083. A written warning to this effect shall be provided at
  233  the time such uniform boating citation is issued.
  234         (4) Any person charged with a noncriminal infraction under
  235  this section may:
  236         (a) Pay the civil penalty, either by mail or in person,
  237  within 30 days of the date of receiving the citation; or,
  238         (b) If he or she has posted bond, forfeit bond by not
  239  appearing at the designated time and location.
  240  
  241  If the person cited follows either of the above procedures, he
  242  or she shall be deemed to have admitted the noncriminal
  243  infraction and to have waived the right to a hearing on the
  244  issue of commission of the infraction. Such admission shall not
  245  be used as evidence in any other proceedings. If a person who is
  246  cited for a violation of s. 327.395 can show a boating safety
  247  identification card issued to that person and valid at the time
  248  of the citation, the clerk of the court may dismiss the case and
  249  may assess a dismissal fee of up to $10. If a person who is
  250  cited for a violation of s. 328.72(13) can show proof of having
  251  a registration for that vessel which was valid at the time of
  252  the citation, the clerk may dismiss the case and may assess the
  253  dismissal fee.
  254         Section 5. Subsection (15) of section 328.72, Florida
  255  Statutes, is amended to read:
  256         328.72 Classification; registration; fees and charges;
  257  surcharge; disposition of fees; fines; marine turtle stickers.—
  258         (15) DISTRIBUTION OF FEES.—Except as provided in this
  259  subsection for the first $2, $1 of which shall be remitted to
  260  the state for deposit into the Save the Manatee Trust Fund
  261  created within the Fish and Wildlife Conservation Commission and
  262  $1 of which shall be remitted to the state for deposit into the
  263  Marine Resources Conservation Trust Fund to fund a grant program
  264  for public launching facilities pursuant to s. 206.606, giving
  265  priority consideration to counties with more than 35,000
  266  registered vessels, moneys designated for the use of the
  267  counties, as specified in subsection (1), shall be distributed
  268  by the tax collector to the board of county commissioners for
  269  use only as provided in this section. Such moneys to be returned
  270  to the counties are for the sole purposes of providing,
  271  maintaining, or operating recreational channel marking and other
  272  uniform waterway markers, public boat ramps, lifts, and hoists,
  273  marine railways, boat piers, docks, mooring buoys, and other
  274  public launching facilities; and removing derelict vessels,
  275  debris that specifically impede boat access, not including the
  276  dredging of channels, and vessels and floating structures deemed
  277  a hazard to public safety and health for failure to comply with
  278  s. 327.53. Counties shall demonstrate through an annual detailed
  279  accounting report of vessel registration revenues that the
  280  registration fees were spent as provided in this subsection.
  281  This report shall be provided to the Fish and Wildlife
  282  Conservation Commission no later than November 1 of each year.
  283  If, before January 1 of each calendar year, the accounting
  284  report meeting the prescribed criteria has still not been
  285  provided to the commission, the tax collector of that county may
  286  not distribute the moneys designated for the use of counties, as
  287  specified in subsection (1), to the board of county
  288  commissioners but shall, for the next calendar year, remit such
  289  moneys to the state for deposit into the Marine Resources
  290  Conservation Trust Fund. The commission shall return those
  291  moneys to the county if the county fully complies with this
  292  section within that calendar year. If the county does not fully
  293  comply with this section within that calendar year, the moneys
  294  shall remain within the Marine Resources Trust Fund and may be
  295  appropriated for the purposes specified in this subsection.
  296         (a)From the vessel registration fees designated for use by
  297  the counties in subsection (1), $1 shall be remitted to the
  298  state for deposit into the Save the Manatee Trust Fund.
  299         (b)From the vessel registration fees designated for use by
  300  the counties in subsection (1), $1 shall be remitted to the
  301  state for deposit into the Marine Resources Conservation Trust
  302  Fund to fund a grant program for public launching facilities
  303  pursuant to s. 206.606, giving priority consideration to
  304  counties with more than 35,000 registered vessels.
  305         (c)From the vessel registration fees designated for use by
  306  the counties in subsection (1), the following amounts shall be
  307  remitted to the state for deposit into the Marine Resources
  308  Conservation Trust Fund to fund derelict vessel removal grants,
  309  as appropriated by the legislature pursuant to s. 376.15:
  310         1.Class A-2: $0.25 for each 12-month period registered.
  311         2.Class 1: $2.06 for each 12-month period registered.
  312         3.Class 2: $9.26 for each 12-month period registered.
  313         4.Class 3: $16.45 for each 12-month period registered.
  314         5.Class 4: $20.06 for each 12-month period registered.
  315         6.Class 5: $25.46 for each 12-month period registered.
  316         (d)Any undisbursed balances identified pursuant to s.
  317  216.301, shall be available for reappropriation to fund the
  318  Florida Boating Improvement Program or public boating access in
  319  accordance with s. 206.06.
  320         Section 6. Paragraph (d) of subsection (3) of section
  321  376.15, Florida Statutes, is amended to read:
  322         376.15 Derelict vessels; relocation or removal from public
  323  waters.—
  324         (3)
  325         (d) The commission may establish a program to provide
  326  grants to local governments for the removal of derelict vessels
  327  from the public waters of the state. The program shall be funded
  328  from the Marine Resources Conservation Trust Fund or the Florida
  329  Coastal Protection Trust Fund. Notwithstanding the provisions in
  330  s. 216.181(11), funds available for grants may only be
  331  authorized by appropriations acts of the Legislature. In a given
  332  fiscal year, if all funds appropriated pursuant to this
  333  paragraph are not requested by and granted to local governments
  334  for the removal of derelict vessels by the end of the third
  335  quarter, the Fish and Wildlife Conservation Commission may use
  336  the remainder of the funds to remove, or to pay private
  337  contractors to remove, derelict vessels.
  338         Section 7. Subsection (6) is added to section 823.11,
  339  Florida Statutes, to read:
  340         823.11 Derelict vessels; relocation or removal; penalty.—
  341         (6)If an owner or a responsible party of a vessel
  342  determined to be derelict through an administrative or criminal
  343  proceeding has been charged by an officer of the commission or
  344  any law enforcement agency or officer as specified in s. 327.70
  345  under subsection (5) for a violation of subsection (2) or a
  346  violation of s. 376.15(2), a person may not reside or dwell on
  347  such vessel until the vessel is removed from the waters of the
  348  state permanently or returned to the waters of the state in a
  349  condition that is no longer derelict.
  350         Section 8. This act shall take effect July 1, 2019.