Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 606
       
       
       
       
       
       
                                Ì9603385Î960338                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/26/2022           .                                
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       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Garcia) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 73 - 537
    4  and insert:
    5  $1,000 per violation. All fines assessed and collected pursuant
    6  to this subsection shall be remitted by the clerk of the court
    7  to the Department of Revenue to be deposited into the Marine
    8  Resources Conservation Trust Fund to be used to enhance state
    9  and local law enforcement activities related to boating
   10  infractions. As used in this subsection, the terms “convicted”
   11  and “conviction” mean any judicial disposition other than
   12  acquittal or dismissal.
   13         Section 3. Section 327.54, Florida Statutes, is amended to
   14  read:
   15         327.54 Liveries; safety regulations; penalty.—
   16         (1) As used in this section, the term:
   17         (a)“Conviction” means any judicial disposition other than
   18  acquittal or dismissal.
   19         (b)“Livery” means a person who offers a vessel for use by
   20  another in exchange for any type of consideration when such
   21  person does not also provide the lessee or renter with a
   22  captain, a crew, or any type of staff or personnel to operate,
   23  oversee, maintain, or manage the vessel. A vessel rented or
   24  leased by a livery is a livery vessel as defined in s. 327.02.
   25         (c)“Seaworthy” means the vessel and all of its parts and
   26  equipment, including, but not limited to, engines, bilge pumps,
   27  and kill switches, are functional and reasonably fit for their
   28  intended purpose.
   29         (2)Beginning on January 1, 2023, a livery may not offer a
   30  vessel for lease or rent without first being issued a no-cost
   31  livery permit by the commission. The permit must be renewed
   32  annually. To qualify for issuance or renewal of a livery permit,
   33  an applicant must provide the commission with a list of all
   34  vessels offered by the livery for lease or rent by another, have
   35  valid insurance pursuant to paragraph (3)(j), have an amount of
   36  United States Coast Guard-approved lawful personal floatation
   37  devices on site sufficient to accommodate the capacity of all
   38  vessels offered by the livery for rent or lease by another, have
   39  on site all safety equipment required by s. 327.50 and the Code
   40  of Federal Regulations sufficient to equip all vessels offered
   41  by the livery for rent or lease by another, and display the
   42  information required by paragraph (3)(f). If, before the annual
   43  renewal of the permit, the information required by this
   44  subsection changes, the livery must provide the commission with
   45  the updated information within 10 days after the change.
   46         (a)The commission may adopt rules to implement this
   47  subsection.
   48         (b)A person who violates this subsection commits a
   49  misdemeanor of the first degree, punishable as provided in s.
   50  775.082 or s. 775.083.
   51         (3) A livery may not knowingly lease, hire, or rent a
   52  vessel to any person:
   53         (a) When the number of persons intending to use the vessel
   54  exceeds the number considered to constitute a maximum safety
   55  load for the vessel as specified on the authorized persons
   56  capacity plate of the vessel.
   57         (b) When the horsepower of the motor exceeds the capacity
   58  of the vessel.
   59         (c) When the vessel does not contain the required safety
   60  equipment required under s. 327.50.
   61         (d) When the vessel is not seaworthy, is a derelict vessel
   62  as defined in s. 823.11, or is at risk of becoming derelict as
   63  provided in s. 327.4107.
   64         (e) When the vessel is equipped with a motor of 10
   65  horsepower or greater, Unless the livery provides pre-rental
   66  prerental or pre-ride preride instruction in compliance with
   67  rules established by the commission. The instruction must
   68  include that includes, but need not be limited to:
   69         1. Operational characteristics of the vessel to be rented.
   70         2. Safe vessel operation and vessel right-of-way.
   71         3. The responsibility of the vessel operator for the safe
   72  and proper operation of the vessel.
   73         4. Local characteristics of the waterway where the vessel
   74  will be operated, such as navigational hazards, the presence of
   75  boating-restricted areas, and water depths.
   76         5.Emergency procedures such as appropriate responses to
   77  capsizing, falls overboard, taking on water, and vessel
   78  accidents.
   79  
   80  Any person delivering the information specified in this
   81  paragraph must have successfully completed a boater safety
   82  course approved by the National Association of State Boating Law
   83  Administrators and this state.
   84         (f) Unless the livery displays boating safety information
   85  in a place visible to the renting public. The commission shall
   86  prescribe by rule, pursuant to chapter 120, the contents and
   87  size of the boating safety information to be displayed.
   88         (g)Unless the livery has a written agreement with the
   89  renter or lessee. The written agreement must include a list of
   90  the names, addresses, and dates of birth for all persons who
   91  will be aboard the vessel, as well as the time the vessel is
   92  required to be returned to the livery or another specified
   93  location and an emergency contact name, address, and telephone
   94  number. The livery shall maintain each agreement for no less
   95  than 1 year and, upon request, make each agreement available for
   96  inspection by law enforcement.
   97         (h)Who is required to comply with s. 327.395, unless such
   98  person presents to the livery the documentation required by s.
   99  327.395(2) for the operation of a vessel or meets the exemption
  100  provided under s. 327.395(6)(f).
  101         (i)Who is under 18 years of age.
  102         (j)Unless the livery first obtains and carries in full
  103  force and effect a policy from a licensed insurance carrier in
  104  this state which insures the livery and renter against any
  105  accident, loss, injury, property damage, or other casualty
  106  caused by or resulting from the operation of the vessel. The
  107  insurance policy must provide coverage of at least $500,000 per
  108  person and $1 million per event. The livery and renter shall
  109  have proof of such insurance available for inspection at the
  110  location where the livery’s vessels are being leased or rented,
  111  or offered for lease or rent, and shall provide to each renter
  112  the insurance carrier’s name and address and the insurance
  113  policy number.
  114         (4)Notwithstanding the person’s age or any exemptions
  115  provided in s. 327.395, any person delivering instruction
  116  regarding the safe operation of vessels or pre-rental or pre
  117  ride instruction in accordance with subsection (3) must have
  118  successfully completed a boating safety education course
  119  approved by the National Association of State Boating Law
  120  Administrators and this state.
  121         (5)A person who receives instruction regarding the safe
  122  operation of vessels or pre-rental or pre-ride instruction in
  123  accordance with subsection (3) must provide the livery with a
  124  signed form attesting to each component of the instruction.
  125         (a)The commission shall establish by rule the content of
  126  the form.
  127         (b)The form must be signed by the individual providing the
  128  instruction.
  129         (c)The livery shall maintain the form for no less than 90
  130  days and, upon request, make the form available for inspection
  131  by law enforcement.
  132         (2) A livery may not knowingly lease, hire, or rent a
  133  vessel to a person who is required to comply with s. 327.395
  134  unless such person presents to the livery the documentation
  135  required by s. 327.395(2) for the operation of a vessel or meets
  136  the exemption provided under s. 327.395(6)(f).
  137         (6)(3) If a vessel rented or leased by a livery is
  138  unnecessarily overdue more than 1 hour after the contracted
  139  vessel rental time has expired, the livery must shall notify law
  140  enforcement and the United States Coast Guard the proper
  141  authorities.
  142         (7)If a vessel rented or leased by a livery is involved in
  143  an accident, the livery must, as applicable under s. 327.301,
  144  report the accident.
  145         (8)A livery shall make its facilities and records
  146  available for inspection upon request by law enforcement no
  147  later than 24 hours after receiving notice from law enforcement.
  148         (9)(a)A person who violates this section other than
  149  subsection (2), but who has not been convicted of a violation of
  150  this section within the past 3 years, commits a misdemeanor of
  151  the second degree, punishable as provided in s. 775.082 or s.
  152  775.083.
  153         (b)Unless the stricter penalties in paragraph (c) apply, a
  154  person who violates this section other than subsection (2)
  155  within 3 years after a previous conviction of a violation of
  156  this section commits a misdemeanor of the first degree,
  157  punishable as provided in s. 775.082 or s. 775.083, with a
  158  minimum mandatory fine of $500.
  159         (c)A person who violates this section other than
  160  subsection (2) within 5 years after two previous convictions for
  161  a violation of this section commits a misdemeanor of the first
  162  degree, punishable as provided in s. 775.082 or s. 775.083, with
  163  a minimum mandatory fine of $1,000.
  164         (10)A person who commits more than one violation of this
  165  section, other than subsection (2), within a 3-year period may
  166  not act as a livery during a 90-day period immediately after
  167  being charged with that violation. Beginning January 1, 2023,
  168  the commission may revoke or refuse to issue a permit under
  169  subsection (2) based on repeated violations of this section.
  170         (4)(a) A livery may not knowingly lease, hire, or rent a
  171  personal watercraft to any person who is under 18 years of age.
  172         (b) A livery may not knowingly lease, hire, or rent a
  173  personal watercraft to any person who has not received
  174  instruction in the safe handling of personal watercraft, in
  175  compliance with rules established by the commission pursuant to
  176  chapter 120.
  177         (c) Any person receiving instruction in the safe handling
  178  of personal watercraft pursuant to a program established by rule
  179  of the commission must provide the livery with a written
  180  statement attesting to the same.
  181         (5) A livery may not lease, hire, or rent any personal
  182  watercraft or offer to lease, hire, or rent any personal
  183  watercraft unless the livery first obtains and carries in full
  184  force and effect a policy from a licensed insurance carrier in
  185  this state, insuring against any accident, loss, injury,
  186  property damage, or other casualty caused by or resulting from
  187  the operation of the personal watercraft. The insurance policy
  188  shall provide coverage of at least $500,000 per person and $1
  189  million per event. The livery must have proof of such insurance
  190  available for inspection at the location where personal
  191  watercraft are being leased, hired, or rented, or offered for
  192  lease, hire, or rent, and shall provide to each renter the
  193  insurance carrier’s name and address and the insurance policy
  194  number.
  195         (6) Any person convicted of violating this section commits
  196  a misdemeanor of the second degree, punishable as provided in s.
  197  775.082 or s. 775.083.
  198         Section 4. Subsections (1) and (8) of section 327.73,
  199  Florida Statutes, are amended to read:
  200         327.73 Noncriminal infractions.—
  201         (1) Violations of the following provisions of the vessel
  202  laws of this state are noncriminal infractions:
  203         (a) Section 328.46, relating to operation of unregistered
  204  and unnumbered vessels.
  205         (b) Section 328.48(4), relating to display of number and
  206  possession of registration certificate.
  207         (c) Section 328.48(5), relating to display of decal.
  208         (d) Section 328.52(2), relating to display of number.
  209         (e) Section 328.54, relating to spacing of digits and
  210  letters of identification number.
  211         (f) Section 328.60, relating to military personnel and
  212  registration of vessels.
  213         (g) Section 328.72(13), relating to operation with an
  214  expired registration, for which the penalty is:
  215         1. For a first or subsequent offense of s. 328.72(13)(a),
  216  up to a maximum of $100 $50.
  217         2. For a first offense of s. 328.72(13)(b), up to a maximum
  218  of $250.
  219         3. For a second or subsequent offense of s. 328.72(13)(b),
  220  up to a maximum of $500. Any person cited for a noncriminal
  221  infraction under this subparagraph may not have the provisions
  222  of paragraph (4)(a) available to him or her but must appear
  223  before the designated official at the time and location of the
  224  scheduled hearing.
  225         (h) Section 327.33(2), relating to careless operation.
  226         (i) Section 327.37, relating to water skiing, aquaplaning,
  227  parasailing, and similar activities.
  228         (j) Section 327.44, relating to interference with
  229  navigation.
  230         (k) Violations relating to boating-restricted areas and
  231  speed limits:
  232         1. Established by the commission or by local governmental
  233  authorities pursuant to s. 327.46.
  234         2. Speed limits established pursuant to s. 379.2431(2).
  235         (l) Section 327.48, relating to regattas and races.
  236         (m) Section 327.50(1) and (2), relating to required safety
  237  equipment, lights, and shapes.
  238         (n) Section 327.65, relating to muffling devices.
  239         (o) Section 327.33(3)(b), relating to a violation of
  240  navigation rules:
  241         1. That does not result in an accident; or
  242         2. That results in an accident not causing serious bodily
  243  injury or death, for which the penalty is:
  244         a. For a first offense, up to a maximum of $500 $250.
  245         b. For a second offense, up to a maximum of $1,000 $750.
  246         c. For a third or subsequent offense, up to a maximum of
  247  $1,500 $1,000.
  248         (p) Section 327.39(1), (2), (3), and (5), relating to
  249  personal watercraft.
  250         (q) Section 327.53(1), (2), (3), and (8), relating to
  251  marine sanitation.
  252         (r) Section 327.53(4), (5), and (7), relating to marine
  253  sanitation, and s. 327.60, relating to no-discharge zones, for
  254  which the civil penalty is $250.
  255         (s) Section 327.395, relating to boater safety education.
  256  However, a person cited for violating the requirements of s.
  257  327.395 relating to failure to have required proof of boating
  258  safety education in his or her possession may not be convicted
  259  if, before or at the time of a county court hearing, the person
  260  produces proof of the boating safety education identification
  261  card or temporary certificate for verification by the hearing
  262  officer or the court clerk and the identification card or
  263  temporary certificate was valid at the time the person was
  264  cited.
  265         (t) Section 327.52(3), relating to operation of overloaded
  266  or overpowered vessels.
  267         (u) Section 327.331, relating to divers-down warning
  268  devices, except for violations meeting the requirements of
  269  s. 327.33.
  270         (v) Section 327.391(1), relating to the requirement for an
  271  adequate muffler on an airboat.
  272         (w) Section 327.391(3), relating to the display of a flag
  273  on an airboat.
  274         (x) Section 253.04(3)(a), relating to carelessly causing
  275  seagrass scarring, for which the civil penalty upon conviction
  276  is:
  277         1. For a first offense, $100 $50.
  278         2. For a second offense occurring within 12 months after a
  279  prior conviction, $250.
  280         3. For a third offense occurring within 36 months after a
  281  prior conviction, $500.
  282         4. For a fourth or subsequent offense occurring within 72
  283  months after a prior conviction, $1,000.
  284         (y) Section 327.45, relating to protection zones for
  285  springs, for which the penalty is:
  286         1. For a first offense, $100 $50.
  287         2. For a second offense occurring within 12 months after a
  288  prior conviction, $250.
  289         3. For a third offense occurring within 36 months after a
  290  prior conviction, $500.
  291         4. For a fourth or subsequent offense occurring within 72
  292  months after a prior conviction, $1,000.
  293         (z) Section 327.4108, relating to the anchoring of vessels
  294  in anchoring limitation areas, for which the penalty is:
  295         1. For a first offense, up to a maximum of $100 $50.
  296         2. For a second offense, up to a maximum of $250 $100.
  297         3. For a third or subsequent offense, up to a maximum of
  298  $500 $250.
  299         (aa) Section 327.4107, relating to vessels at risk of
  300  becoming derelict on waters of this state, for which the civil
  301  penalty is:
  302         1. For a first offense, $100.
  303         2. For a second offense occurring 30 days or more after a
  304  first offense, $250.
  305         3. For a third or subsequent offense occurring 30 days or
  306  more after a previous offense, $500.
  307  
  308  A vessel that is the subject of three or more violations issued
  309  pursuant to the same paragraph of s. 327.4107(2) within an 18
  310  month period which result in dispositions other than acquittal
  311  or dismissal shall be declared to be a public nuisance and
  312  subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
  313  an officer of the commission, or a law enforcement agency or
  314  officer specified in s. 327.70 may relocate, remove, or cause to
  315  be relocated or removed such public nuisance vessels from waters
  316  of this state. The commission, an officer of the commission, or
  317  a law enforcement agency or officer acting pursuant to this
  318  paragraph upon waters of this state shall be held harmless for
  319  all damages to the vessel resulting from such relocation or
  320  removal unless the damage results from gross negligence or
  321  willful misconduct as these terms are defined in s. 823.11.
  322         (bb) Section 327.4109, relating to anchoring or mooring in
  323  a prohibited area, for which the penalty is:
  324         1. For a first offense, up to a maximum of $100 $50.
  325         2. For a second offense, up to a maximum of $250 $100.
  326         3. For a third or subsequent offense, up to a maximum of
  327  $500 $250.
  328         (cc) Section 327.463(4)(a) and (b), relating to vessels
  329  creating special hazards, for which the penalty is:
  330         1. For a first offense, $100 $50.
  331         2. For a second offense occurring within 12 months after a
  332  prior offense, $250 $100.
  333         3. For a third offense occurring within 36 months after a
  334  prior offense, $500 $250.
  335         (dd) Section 327.371, relating to the regulation of human
  336  powered vessels.
  337         (ee)Section 328.03, relating to an improper transfer of
  338  title, for which the penalty is up to a maximum of $500.
  339         (ff)Section 328.48(9), relating to the failure to update
  340  vessel registration information, for which the penalty is up to
  341  a maximum of $500.
  342  
  343  Any person cited for a violation of any provision of this
  344  subsection shall be deemed to be charged with a noncriminal
  345  infraction, shall be cited for such an infraction, and shall be
  346  cited to appear before the county court. The civil penalty for
  347  any such infraction is $100 $50, except as otherwise provided in
  348  this section. Any person who fails to appear or otherwise
  349  properly respond to a uniform boating citation shall, in
  350  addition to the charge relating to the violation of the boating
  351  laws of this state, must be charged with the offense of failing
  352  to respond to such citation and, upon conviction, be guilty of a
  353  misdemeanor of the second degree, punishable as provided in s.
  354  775.082 or s. 775.083. A written warning to this effect shall be
  355  provided at the time such uniform boating citation is issued.
  356         (8) All fees and civil penalties assessed and collected
  357  pursuant to this section shall be remitted by the clerk of the
  358  court to the Department of Revenue to be deposited into the
  359  Marine Resources Conservation Trust Fund for boating safety
  360  education or law enforcement purposes.
  361         Section 5. Subsection (1) of section 327.731, Florida
  362  Statutes, is amended, and subsection (4) is added to that
  363  section, to read:
  364         327.731 Mandatory education for violators.—
  365         (1) A person convicted of a criminal violation under this
  366  chapter, convicted of a noncriminal infraction under this
  367  chapter if the infraction resulted in a reportable boating
  368  accident, or convicted of two noncriminal infractions as
  369  specified in s. 327.73(1)(h)-(k), (m), (o), (p), and (s)-(y),
  370  the said infractions occurring within a 12-month period, must:
  371         (a) Enroll in, attend, and successfully complete, at his or
  372  her own expense, a classroom or online boating safety course
  373  that is approved by and meets the minimum standards established
  374  by commission rule;
  375         (b) File with the commission within 90 days proof of
  376  successful completion of the course; and
  377         (c) Refrain from operating a vessel until he or she has
  378  filed proof of successful completion of the course with the
  379  commission; and
  380         (d)Pay a fine of $500. The clerk of the court shall remit
  381  all fines assessed and collected under this paragraph to the
  382  Department of Revenue to be deposited into the Marine Resources
  383  Conservation Trust Fund to support law enforcement activities.
  384         (4)The commission shall maintain a program to ensure
  385  compliance with the mandatory boating safety education
  386  requirements under this section. This program must:
  387         (a)Track any citations resulting in a conviction under
  388  this section and the disposition of such citations.
  389         (b)Send specific notices to each person subject to the
  390  requirement for mandatory boating safety education.
  391         Section 6. Subsection (3) of section 328.03, Florida
  392  Statutes, is amended to read:
  393         328.03 Certificate of title required.—
  394         (3) A person may shall not sell, assign, or transfer a
  395  vessel titled by the state without delivering to the purchaser
  396  or transferee a valid certificate of title with an assignment on
  397  it showing the transfer of title to the purchaser or transferee.
  398  A person may shall not purchase or otherwise acquire a vessel
  399  required to be titled by the state without obtaining a
  400  certificate of title for the vessel in his or her name. The
  401  purchaser or transferee shall, within 30 days after a change in
  402  vessel ownership, file an application for a title transfer with
  403  the county tax collector. An additional $10 fee must shall be
  404  charged against the purchaser or transferee if he or she files a
  405  title transfer application after the 30-day period. The county
  406  tax collector may shall be entitled to retain $5 of the
  407  additional amount. Any person who does not properly transfer
  408  title of a vessel pursuant to this chapter is subject to the
  409  penalties provided in s. 327.73(1)(ee).
  410         Section 7. Effective July 1, 2023, subsection (4) of
  411  section 328.03, Florida Statutes, as amended by chapter 2019-76,
  412  Laws of Florida, is amended to read:
  413         328.03 Certificate of title required.—
  414         (4) An additional $10 fee shall be charged against the
  415  purchaser or transferee if he or she files a title transfer
  416  application after the 30-day period. The county tax collector
  417  may shall be entitled to retain $5 of the additional amount. Any
  418  person who does not properly transfer title of a vessel pursuant
  419  to this chapter is subject to the penalties provided in s.
  420  327.73(1)(ee).
  421         Section 8. Paragraph (a) of subsection (1) and subsection
  422  (4) of section 328.48, Florida Statutes, are amended, and
  423  subsection (9) is added to that section, to read:
  424         328.48 Vessel registration, application, certificate,
  425  number, decal, duplicate certificate.—
  426         (1)(a) The owner of each vessel required by this law to pay
  427  a registration fee and secure an identification number shall
  428  file an application with the county tax collector. The
  429  application must shall provide the owner’s name and physical
  430  residential or business address; residency status; personal or
  431  business identification; and a complete description of the
  432  vessel, and must shall be accompanied by payment of the
  433  applicable fee required in s. 328.72. An individual applicant
  434  must provide a valid driver license or identification card
  435  issued by this state or another state or a valid passport. A
  436  business applicant must provide a federal employer
  437  identification number, if applicable, verification that the
  438  business is authorized to conduct business in this the state, or
  439  a Florida city or county business license or number.
  440  Registration is not required for any vessel that is not used on
  441  the waters of this state. Upon receipt of an application from a
  442  live-aboard vessel owner whose primary residence is the vessel,
  443  the commission may authorize such owner to provide a post office
  444  box address in lieu of a physical residential or business
  445  address.
  446         (4) Each certificate of registration issued must shall
  447  state among other items the numbers awarded to the vessel, the
  448  hull identification number, the name and physical residential or
  449  business address of the owner, and a description of the vessel,
  450  except that certificates of registration for vessels constructed
  451  or assembled by the owner registered for the first time must
  452  shall state all the foregoing information except the hull
  453  identification number. The numbers must shall be placed on each
  454  side of the forward half of the vessel in such position as to
  455  provide clear legibility for identification, except, if the
  456  vessel is an airboat, the numbers may be placed on each side of
  457  the rudder. The numbers awarded to the vessel must shall read
  458  from left to right and must shall be in block characters of good
  459  proportion not less than 3 inches in height. The numbers must
  460  shall be of a solid color that which will contrast with the
  461  color of the background and must shall be so maintained as to be
  462  clearly visible and legible; i.e., dark numbers on a light
  463  background or light numbers on a dark background. The
  464  certificate of registration must shall be pocket-sized and must
  465  shall be available for inspection on the vessel for which issued
  466  whenever such vessel is in operation. Upon receipt of an
  467  application from a live-aboard vessel owner whose primary
  468  residence is the vessel, the commission may authorize such owner
  469  to provide a post office box address in lieu of a physical
  470  residential address.
  471  
  472  ================= T I T L E  A M E N D M E N T ================
  473  And the title is amended as follows:
  474         Delete lines 51 - 52
  475  and insert:
  476         residential or business address; providing that a
  477         person who fails to