CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                   Bill No. HB 697

    Amendment No. 2 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
 1                                 .
                                   .
 2                                 .
                                   .
 3                                 .
                                   .
 4                                                                

 5                                           ORIGINAL STAMP BELOW

 6

 7

 8

 9

10                                                                

11  The Committee on Water & Resource Management offered the

12  following:

13

14         Amendment (with title amendment) 

15         On page 2, between lines 30 and 31, of the bill

16

17  insert:

18         Section 2.  Section 327.72, Florida Statutes, is

19  reenacted to read:

20         327.72  Penalties.--Any person failing to comply with

21  the provisions of this chapter or chapter 328 not specified in

22  s. 327.73 or not paying the fine specified in said section

23  within 10 days, except as otherwise provided in this chapter

24  or chapter 328, is guilty of a misdemeanor of the second

25  degree, punishable as provided in s. 775.082 or s. 775.083.

26         Section 3.  Section 327.73, Florida Statutes, is

27  amended to read:

28         327.73  Noncriminal infractions.--

29         (1)  Violations of the following provisions of the

30  vessel laws of this state are noncriminal infractions:

31         (a)  Section 327.10, relating to operation of

                                  1

    File original & 9 copies    04/08/99
    hwr0003                     07:58 pm         00697-wrm -385073




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 697

    Amendment No. 2 (for drafter's use only)





 1  unregistered and unnumbered vessels.

 2         (b)  Section 327.11(4), relating to display of number

 3  and possession of registration certificate.

 4         (c)  Section 327.11(5), relating to display of decal.

 5         (d)  Section 327.13(2), relating to display of number.

 6         (e)  Section 327.14, relating to spacing of digits and

 7  letters of identification number.

 8         (f)  Section 327.17, relating to military personnel and

 9  registration of vessels.

10         (g)  Section 327.25(14), relating to operation with an

11  expired registration.

12         (h)  Section 327.33(2), relating to careless operation.

13         (i)  Section 327.37, relating to water skiing,

14  aquaplaning, parasailing, and similar activities.

15         (j)  Section 327.44, relating to interference with

16  navigation.

17         (k)  Violations relating to restricted areas and speed

18  limits:

19         1.  Established by the department pursuant to s.

20  327.46.

21         2.  Established by local governmental authorities

22  pursuant to s. 327.22 or s. 327.60.

23         3.  Speed limits established pursuant to s. 370.12(2).

24         (l)  Section 327.48, relating to regattas and races.

25         (m)  Section 327.50(1) and (2), relating to required

26  safety equipment, lights, and shapes.

27         (n)  Section 327.65, relating to muffling devices.

28         (o)  Section 327.33(3)(b), relating to navigation

29  rules.

30         (p)  Section 327.39(1), (2), (3), and (5), relating to

31  personal watercraft.

                                  2

    File original & 9 copies    04/08/99
    hwr0003                     07:58 pm         00697-wrm -385073




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 697

    Amendment No. 2 (for drafter's use only)





 1         (q)  Section 327.53(1), (2), and (3), relating to

 2  marine sanitation.

 3         (r)  Section 327.53(4), (5), and (7), relating to

 4  marine sanitation, for which the civil penalty is $250.

 5         (s)  Section 327.395, relating to boater safety

 6  education.

 7         (t)  Section 327.52(3), relating to operation of

 8  overloaded or overpowered vessels.

 9

10  Any person cited for a violation of any such provision shall

11  be deemed to be charged with a noncriminal infraction, shall

12  be cited for such an infraction, and shall be cited to appear

13  before the county court. The civil penalty for any such

14  infraction is $50, except as otherwise provided in this

15  section. Any person who fails to appear or otherwise properly

16  respond to a uniform boating citation shall, in addition to

17  the charge relating to the violation of the boating laws of

18  this state, be charged with the offense of failing to respond

19  to such citation and, upon conviction, be guilty of a

20  misdemeanor of the second degree, punishable as provided in s.

21  775.082 or s. 775.083. A written warning to this effect shall

22  be provided at the time such uniform boating citation is

23  issued.

24         (2)  Any person cited for an infraction under this

25  section may:

26         (a)  Post a bond, which shall be equal in amount to the

27  applicable civil penalty; or

28         (b)  Sign and accept a citation indicating a promise to

29  appear.

30

31  The officer may indicate on the citation the time and location

                                  3

    File original & 9 copies    04/08/99
    hwr0003                     07:58 pm         00697-wrm -385073




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 697

    Amendment No. 2 (for drafter's use only)





 1  of the scheduled hearing and shall indicate the applicable

 2  civil penalty.

 3         (3)  Any person who willfully refuses to post a bond or

 4  accept and sign a summons is guilty of a misdemeanor of the

 5  second degree.

 6         (4)  Any person charged with a noncriminal infraction

 7  under this section may:

 8         (a)  Pay the civil penalty, either by mail or in

 9  person, within 10 days of the date of receiving the citation;

10  or,

11         (b)  If he or she has posted bond, forfeit bond by not

12  appearing at the designated time and location.

13

14  If the person cited follows either of the above procedures, he

15  or she shall be deemed to have admitted the infraction and to

16  have waived the right to a hearing on the issue of commission

17  of the infraction.  Such admission shall not be used as

18  evidence in any other proceedings.

19         (5)  Any person electing to appear before the county

20  court or who is required so to appear shall be deemed to have

21  waived the limitations on the civil penalty specified in

22  subsection (1).  The court, after a hearing, shall make a

23  determination as to whether an infraction has been committed.

24  If the commission of an infraction has been proven, the court

25  may impose a civil penalty not to exceed $500.

26         (6)  At a hearing under this chapter the commission of

27  a charged infraction must be proved beyond a reasonable doubt.

28         (7)  If a person is found by the hearing official to

29  have committed an infraction, he or she may appeal that

30  finding to the circuit court.

31         (8)  All fees and civil penalties assessed and

                                  4

    File original & 9 copies    04/08/99
    hwr0003                     07:58 pm         00697-wrm -385073




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 697

    Amendment No. 2 (for drafter's use only)





 1  collected pursuant to this section shall be deposited into the

 2  Marine Resources Conservation Trust Fund for boating safety

 3  education purposes.

 4         Section 4.  Section 327.731, Florida Statutes 1998

 5  Supplement, is reenacted to read:

 6         327.731  Mandatory education for violators.--

 7         (1)  Every person convicted of a criminal violation of

 8  this chapter, every person convicted of a noncriminal

 9  infraction under this chapter if the infraction resulted in a

10  reportable boating accident, and every person convicted of two

11  noncriminal infractions as defined in s. 327.73(1)(h) through

12  (k), (m) through (p), (s), and (t), said infractions occurring

13  within a 12-month period, must:

14         (a)  Enroll in, attend, and successfully complete, at

15  his or her own expense, a boating safety course that meets

16  minimum standards established by the department by rule;

17  however, the department may provide by rule for waivers of the

18  attendance requirement for violators residing in areas where

19  classroom presentation of the course is not available;

20         (b)  File with the department within 90 days proof of

21  successful completion of the course;

22         (c)  Refrain from operating a vessel until he or she

23  has filed the proof of successful completion of the course

24  with the department.

25

26  Any person who has successfully completed an approved boating

27  course shall be exempt from these provisions upon showing

28  proof to the department as specified in paragraph (b).

29         (2)  For the purposes of this section, "conviction"

30  means a finding of guilt, or the acceptance of a plea of

31  guilty or nolo contendere, regardless of whether or not

                                  5

    File original & 9 copies    04/08/99
    hwr0003                     07:58 pm         00697-wrm -385073




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 697

    Amendment No. 2 (for drafter's use only)





 1  adjudication was withheld or whether imposition of sentence

 2  was withheld, deferred, or suspended.  Any person who operates

 3  a vessel on the waters of this state in violation of the

 4  provisions of this section is guilty of a misdemeanor of the

 5  second degree, punishable as provided in s. 775.082 or s.

 6  775.083.

 7         (3)  The department shall print on the reverse side of

 8  the defendant's copy of the boating citation a notice of the

 9  provisions of this section. Upon conviction, the clerk of the

10  court shall notify the defendant that it is unlawful for him

11  or her to operate any vessel until he or she has complied with

12  this section, but failure of the clerk of the court to provide

13  such a notice shall not be a defense to a charge of unlawful

14  operation of a vessel under subsection (2).

15

16  (Renumber subsequent section)

17

18

19  ================ T I T L E   A M E N D M E N T ===============

20  And the title is amended as follows:

21         On page 1, line 9, after the semicolon,

22

23  insert:

24         reenacting s. 327.72, F.S.; providing

25         penalties; amending s. 327.73, F.S.; providing

26         for noncriminal violations; reenacting s.

27         327.731, F. S.; providing for mandatory

28         education for violators;

29

30

31

                                  6

    File original & 9 copies    04/08/99
    hwr0003                     07:58 pm         00697-wrm -385073