Senate Bill 0728er

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





    ENROLLED

    1999 Legislature                                 CS for SB 728



  1

  2         An act relating to watersports; amending s.

  3         327.37, F.S.; providing safety rules for towing

  4         parasails from vessels; prescribing safety

  5         regulations for persons engaged in waterskiing,

  6         parasailing, aquaplaning, or similar

  7         activities; prohibiting parasailing or

  8         operating a boat towing a parasail in specified

  9         waters; amending s. 327.73, F.S.; providing

10         that certain violations with respect to

11         parasailing constitute a noncriminal

12         infraction; reenacting ss. 327.72, 327.731,

13         F.S., relating to penalties and mandatory

14         education for violators, to incorporate the

15         amendment to s. 327.73, F.S., in references

16         thereto; providing an effective date.

17

18  Be It Enacted by the Legislature of the State of Florida:

19

20         Section 1.  Section 327.37, Florida Statutes, is

21  amended to read:

22         327.37  Water skis, parasails, and aquaplanes

23  regulated.--

24         (1)(a)  A No person may not shall operate a vessel on

25  any waters of this state towing a person on water skis, or an

26  aquaplane, or similar device unless there is in such vessel a

27  person, in addition to the operator, in a position to observe

28  the progress of the person being towed, or the vessel is

29  equipped with a wide-angle rear view mirror mounted in such

30  manner as to permit the operator of the vessel to observe the

31  progress of the person being towed. This subsection does not


                                  1

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




    ENROLLED

    1999 Legislature                                 CS for SB 728



  1  apply to class A motorboats operated by the person being towed

  2  and designed to be incapable of carrying the operator in the

  3  motorboat.

  4         (b)  A person may not operate a vessel on any waters of

  5  this state towing a person attached to a parasail or similar

  6  device unless there is a person in the vessel, in addition to

  7  the operator, in a position to observe the progress of the

  8  person being towed. A wide-angle rear view mirror is not

  9  acceptable for this purpose.

10         (2)(a)  A No person may not shall engage in water

11  skiing, parasailing, aquaplaning, or similar activity at any

12  time between the hours from one-half hour after sunset to

13  one-half hour before sunrise.

14         (b)  A No person may not shall engage in water skiing,

15  parasailing, or aquaplaning, or any similar activity unless

16  such person is wearing a type I, type II, or type III, or

17  noninflatable type V personal flotation device approved by the

18  United States Coast Guard.

19         (3)  The provisions of subsections (1) and (2) do not

20  apply to a performer engaged in a professional exhibition or a

21  person preparing to participate or participating in an

22  official regatta, boat race, marine parade, tournament, or

23  exhibition held pursuant to s. 327.48.

24         (4)  A No person may not shall operate or manipulate

25  any vessel, tow rope, or other device by which the direction

26  or location of water skis, parasail, aquaplane, innertube,

27  sled, or similar device may be affected or controlled, in such

28  a way as to cause the water skis, parasail, aquaplane,

29  innertube, sled, or similar device or any person thereon to

30  collide or strike against or be likely to collide or strike

31  against any vessel, bridge, wharf, pier, dock, buoy, platform,


                                  2

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




    ENROLLED

    1999 Legislature                                 CS for SB 728



  1  piling, channel marker, or other object, except slalom buoys,

  2  ski jumps, or like objects used normally in competitive or

  3  recreational skiing.

  4         (5)  A person may not operate any vessel towing a

  5  parasail or engage in parasailing within 100 feet of the

  6  marked channel of the Florida Intracoastal Waterway.

  7         Section 2.  Section 327.73, Florida Statutes, is

  8  amended to read:

  9         327.73  Noncriminal infractions.--

10         (1)  Violations of the following provisions of the

11  vessel laws of this state are noncriminal infractions:

12         (a)  Section 327.10, relating to operation of

13  unregistered and unnumbered vessels.

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

15  and possession of registration certificate.

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

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

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

19  letters of identification number.

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

21  registration of vessels.

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

23  expired registration.

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

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

26  aquaplaning, parasailing, and similar activities.

27         (j)  Section 327.44, relating to interference with

28  navigation.

29         (k)  Violations relating to restricted areas and speed

30  limits:

31


                                  3

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




    ENROLLED

    1999 Legislature                                 CS for SB 728



  1         1.  Established by the department pursuant to s.

  2  327.46.

  3         2.  Established by local governmental authorities

  4  pursuant to s. 327.22 or s. 327.60.

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

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

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

  8  safety equipment, lights, and shapes.

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

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

11  rules.

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

13  personal watercraft.

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

15  marine sanitation.

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

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

18         (s)  Section 327.395, relating to boater safety

19  education.

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

21  overloaded or overpowered vessels.

22

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

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

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

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

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

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

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

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

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


                                  4

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




    ENROLLED

    1999 Legislature                                 CS for SB 728



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

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

  3  775.082 or s. 775.083. A written warning to this effect shall

  4  be provided at the time such uniform boating citation is

  5  issued.

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

  7  section may:

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

  9  applicable civil penalty; or

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

11  appear.

12

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

14  of the scheduled hearing and shall indicate the applicable

15  civil penalty.

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

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

18  second degree.

19         (4)  Any person charged with a noncriminal infraction

20  under this section may:

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

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

23  or,

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

25  appearing at the designated time and location.

26

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

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

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

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

31  evidence in any other proceedings.


                                  5

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




    ENROLLED

    1999 Legislature                                 CS for SB 728



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

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

  3  waived the limitations on the civil penalty specified in

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

  5  determination as to whether an infraction has been committed.

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

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

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

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

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

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

12  finding to the circuit court.

13         (8)  All fees and civil penalties assessed and

14  collected pursuant to this section shall be deposited into the

15  Marine Resources Conservation Trust Fund for boating safety

16  education purposes.

17         Section 3.  For the purpose of incorporating the

18  amendment made by this act to section 327.73, Florida

19  Statutes, in references thereto, section 327.72, Florida

20  Statutes, is reenacted to read:

21         327.72  Penalties.--Any person failing to comply with

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

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

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

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

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

27         Section 4.  For the purpose of incorporating the

28  amendment made by this act to section 327.73, Florida

29  Statutes, in references thereto, section 327.731, Florida

30  Statutes, 1998 Supplement, is reenacted to read:

31         327.731  Mandatory education for violators.--


                                  6

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




    ENROLLED

    1999 Legislature                                 CS for SB 728



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

  2  this chapter, every person convicted of a noncriminal

  3  infraction under this chapter if the infraction resulted in a

  4  reportable boating accident, and every person convicted of two

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

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

  7  within a 12-month period, must:

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

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

10  minimum standards established by the department by rule;

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

12  attendance requirement for violators residing in areas where

13  classroom presentation of the course is not available;

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

15  successful completion of the course;

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

17  has filed the proof of successful completion of the course

18  with the department.

19

20  Any person who has successfully completed an approved boating

21  course shall be exempt from these provisions upon showing

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

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

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

25  guilty or nolo contendere, regardless of whether or not

26  adjudication was withheld or whether imposition of sentence

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

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

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

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

31  775.083.


                                  7

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




    ENROLLED

    1999 Legislature                                 CS for SB 728



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

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

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

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

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

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

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

  8  operation of a vessel under subsection (2).

  9         Section 5.  This act shall take effect July 1, 1999.

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  8