Senate Bill 2554c1
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Florida Senate - 2000 CS for SB 2554
By the Committee on Transportation and Senator King
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1 A bill to be entitled
2 An act relating to boating safety; amending s.
3 327.02, F.S.; revising definitions; amending s.
4 327.22, F.S., relating to the regulation of
5 vessels by municipalities or counties; creating
6 s. 327.302, F.S.; providing for boating
7 accident report forms; amending s. 327.33,
8 F.S.; revising provisions relating to reckless
9 or careless operation of a vessel; providing
10 penalties; renumbering and amending s. 861.065,
11 F.S.; revising divers-down flag requirements;
12 revising requirements for operation of vessels
13 in the vicinity of a divers-down flag;
14 providing penalties; amending s. 327.35, F.S.,
15 relating to boating under the influence (BUI);
16 revising blood and breath alcohol levels;
17 revising penalties; revising circumstances for
18 consideration of previous violations; providing
19 exemptions; amending s. 327.355, F.S., relating
20 to operation of vessels by persons under 21
21 years of age who have consumed alcoholic
22 beverages; amending s. 327.36, F.S., relating
23 to mandatory adjudication of certain offenses;
24 amending s. 327.37, F.S.; requiring persons
25 engaging in water skiing, parasailing, or
26 aquaplaning to wear a noninflatable flotation
27 device; amending s. 327.39, F.S., relating to
28 the regulation of personal watercraft;
29 requiring the use of noninflatable flotation
30 devices; prohibiting the lease, hiring, or
31 rental of personal watercraft under certain
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1 circumstances; providing a penalty; providing
2 commission rulemaking authority; amending s.
3 327.395, F.S., relating to boating safety
4 identification cards; requiring that certain
5 boater education or boater safety courses
6 include a component relating to divers;
7 amending s. 327.40, F.S.; clarifying
8 requirements for uniform waterway markers for
9 safety and navigation; providing permit
10 exemptions; providing commission rulemaking
11 authority; amending s. 327.41, F.S.; clarifying
12 requirements for uniform waterway regulatory
13 markers; amending s. 327.46, F.S.; clarifying
14 rulemaking authority for the commission to
15 establish restricted areas for public safety
16 purposes; creating s. 327.49, F.S.; providing
17 for the testing of vessels and vessel motors;
18 amending s. 327.54, F.S., relating to liveries;
19 revising requirements for preride or prerental
20 instruction; revising age requirements for the
21 lease, hire, or rental of personal watercraft;
22 requiring liveries to carry liability
23 insurance; providing a penalty; amending s.
24 327.60, F.S.; prohibiting local regulations
25 from discriminating against personal
26 watercraft; amending s. 327.72, F.S.;
27 increasing time for payment of civil penalties;
28 amending s. 327.73, F.S., relating to
29 noncriminal infractions; reenacting s.
30 327.73(1)(p) for the purpose of incorporating
31 the amendment to s. 327.39, F.S.; providing
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1 additional time for payment of civil penalties;
2 providing additional penalties; providing for
3 additional court costs in certain
4 circumstances; authorizing public works or
5 community service in certain circumstances;
6 amending s. 327.731, F.S., relating to
7 mandatory education for violators; correcting a
8 cross reference; amending s. 327.803, F.S.;
9 providing for an increase in membership of the
10 Boating Advisory Council; modifying purpose;
11 amending s. 328.48, F.S.; clarifying vessel
12 registration requirements; amending s. 328.56,
13 F.S.; clarifying vessel registration number
14 requirements; amending s. 328.70, F.S.;
15 providing requirements for classification of
16 recreational vessels and livery vessels;
17 amending s. 328.72, F.S.; providing
18 requirements for display of antique vessel
19 registration numbers and decals; amending s.
20 328.76, F.S.; amending s. 316.193, F.S.,
21 relating to driving under the influence;
22 revising circumstances for consideration of
23 previous violations; amending s. 316.635, F.S.;
24 providing for jurisdiction over boating
25 infractions committed by minors; amending ss.
26 318.32 and 318.38, F.S.; providing for
27 disposition of boating infractions by the court
28 hearing traffic infractions; amending s.
29 320.08, F.S.; correcting cross-references;
30 amending s. 713.78, F.S.; defining "vessel" for
31 purposes of provisions relating to liens for
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1 recovering, towing, or storing vehicles and
2 documented vessels; amending s. 715.07, F.S.;
3 correcting a cross-reference; amending s.
4 938.17, F.S., relating to county delinquency
5 prevention; providing for the assessment of
6 additional court costs for certain criminal
7 boating offenses; amending s. 947.146, F.S.;
8 providing authority for control release of
9 certain BUI offenders; amending s. 985.05, F.S;
10 providing for disposition of certain court
11 records pertaining to boating offenses;
12 amending s. 985.212, F.S.; providing that
13 fingerprinting children for boating violations
14 is not prohibited; revising provisions relating
15 to the mooring of vessels at certain docks;
16 providing effective dates.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 327.02, Florida Statutes, is
21 amended to read:
22 327.02 Definitions of terms used in this chapter and
23 in chapter 328.--As used in this chapter and in chapter 328,
24 unless the context clearly requires a different meaning, the
25 term:
26 (1) "Alien" means a person who is not a citizen of the
27 United States.
28 (2) "Boating accident" means a collision, accident, or
29 casualty involving a vessel in or upon, or entering into or
30 exiting from, the water, including capsizing, collision with
31 another vessel or object, sinking, personal injury, death,
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1 disappearance of any person from on board under circumstances
2 which indicate the possibility of death or injury, or property
3 damage to any vessel or dock.
4 (3) "Canoe" means a light, narrow vessel with curved
5 sides and with both ends pointed. A canoe-like vessel with a
6 transom may not be excluded from the definition of a canoe if
7 the width of its transom is less than 45 percent of the width
8 of its beam or it has been designated as a canoe by the United
9 States Coast Guard.
10 (4) "Commercial vessel" means:
11 (a) Any vessel primarily engaged in the taking or
12 landing of saltwater fish or saltwater products or freshwater
13 fish or freshwater products, or any vessel licensed pursuant
14 to s. 370.06 from which commercial quantities of saltwater
15 products are harvested, from within and without the waters of
16 this state for sale either to the consumer, retail dealer, or
17 wholesale dealer.
18 (b) Any other vessel, except a recreational vessel as
19 defined in this section engaged in any activity wherein a fee
20 is paid by the user, either directly or indirectly, to the
21 owner, operator, or custodian of the vessel.
22 (5) "Commission" means the Fish and Wildlife
23 Conservation Commission.
24 (6) "Dealer" means any person authorized by the
25 Department of Revenue to buy, sell, resell, or otherwise
26 distribute vessels. Such person shall have a valid sales tax
27 certificate of registration issued by the Department of
28 Revenue and a valid commercial or occupational license
29 required by any county, municipality, or political subdivision
30 of the state in which the person operates.
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1 (7) "Division" means the Division of Law Enforcement
2 of the Fish and Wildlife Conservation Commission.
3 (8) "Documented vessel" means a vessel for which a
4 valid certificate of documentation is outstanding pursuant to
5 46 C.F.R. part 67.
6 (9) "Floating structure" means a floating entity, with
7 or without accommodations built thereon, which is not
8 primarily used as a means of transportation on water but which
9 serves purposes or provides services typically associated with
10 a structure or other improvement to real property. The term
11 "floating structure" includes, but is not limited to, each
12 entity used as a residence, place of business or office with
13 public access, hotel or motel, restaurant or lounge,
14 clubhouse, meeting facility, storage or parking facility,
15 mining platform, dredge, dragline, or similar facility or
16 entity represented as such. Floating structures are expressly
17 excluded from the definition of the term "vessel" provided in
18 this section. Incidental movement upon water or resting
19 partially or entirely on the bottom shall not, in and of
20 itself, preclude an entity from classification as a floating
21 structure.
22 (10) "Florida Intracoastal Waterway" means the
23 Atlantic Intracoastal Waterway, the Georgia state line north
24 of Fernandina to Miami; the Port Canaveral lock and canal to
25 the Atlantic Intracoastal Waterway; the Atlantic Intracoastal
26 Waterway, Miami to Key West; the Okeechobee Waterway, Stuart
27 to Fort Myers; the St. Johns River, Jacksonville to Sanford;
28 the Gulf Intracoastal Waterway, Anclote to Fort Myers; the
29 Gulf Intracoastal Waterway, Carrabelle to Tampa Bay;
30 Carrabelle to Anclote open bay section (using Gulf of Mexico);
31 the Gulf Intracoastal Waterway, Carrabelle to the Alabama
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1 state line west of Pensacola; and the Apalachicola,
2 Chattahoochee, and Flint Rivers in Florida.
3 (11) "Homemade vessel" means any vessel built after
4 October 31, 1972, for which a federal hull identification
5 number is not required to be assigned by the manufacturer
6 pursuant to federal law, or any vessel constructed or
7 assembled prior to November 1, 1972, by other than a licensed
8 manufacturer for his or her own use or the use of a specific
9 person. A vessel assembled from a manufacturer's kit or
10 constructed from an unfinished manufactured hull shall be
11 considered to be a homemade vessel if such a vessel is not
12 required to have a hull identification number assigned by the
13 United States Coast Guard. A rebuilt or reconstructed vessel
14 shall in no event be construed to be a homemade vessel.
15 (12) "Houseboat" means any vessel which is used
16 primarily as a residence for a minimum of 21 days during any
17 30-day period, in a county of this state, and this residential
18 use of the vessel is to the preclusion of the use of the
19 vessel as a means of transportation.
20 (13) "Length" means the measurement from end to end
21 over the deck parallel to the centerline excluding sheer.
22 (14) "Lien" means a security interest which is
23 reserved or created by a written agreement recorded with the
24 department which secures payment or performance of an
25 obligation and is generally valid against third parties.
26 (15) "Lienholder" means a person holding a security
27 interest in a vessel, which interest is recorded with the
28 department.
29 (16) "Live-aboard vessel" means:
30 (a) Any vessel used solely as a residence; or
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1 (b) Any vessel represented as a place of business, a
2 professional or other commercial enterprise, or a legal
3 residence.
4
5 A commercial fishing boat is expressly excluded from the term
6 "live-aboard vessel."
7 (17) "Livery vessel" means any vessel leased, rented,
8 or chartered to another for consideration.
9 (18)(17) "Manufactured vessel" means any vessel built
10 after October 31, 1972, for which a federal hull
11 identification number is required pursuant to federal law, or
12 any vessel constructed or assembled prior to November 1, 1972,
13 by a duly licensed manufacturer.
14 (19)(18) "Marina" means a licensed commercial facility
15 which provides secured public moorings or dry storage for
16 vessels on a leased basis. A commercial establishment
17 authorized by a licensed vessel manufacturer as a dealership
18 shall be considered a marina for nonjudicial sale purposes.
19 (20)(19) "Marine sanitation device" means any
20 equipment other than a toilet, for installation on board a
21 vessel, which is designed to receive, retain, treat, or
22 discharge sewage, and any process to treat such sewage. Marine
23 sanitation device Types I, II, and III shall be defined as
24 provided in 33 C.F.R. part 159.
25 (21) "Marker" means any channel mark or other aid to
26 navigation, information or regulatory mark, isolated danger
27 mark, safe water mark, special mark, inland waters obstruction
28 mark, or mooring buoy in, on, or over the waters of the state
29 or the shores thereof, and includes, but is not limited to, a
30 sign, beacon, buoy, or light.
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1 (22)(20) "Motorboat" means any vessel equipped with
2 machinery for propulsion, irrespective of whether the
3 propulsion machinery is in actual operation which is propelled
4 or powered by machinery and which is used or capable of being
5 used as a means of transportation on water.
6 (23)(21) "Navigation rules" means the International
7 Navigational Rules Act of 1977, 33 U.S.C. appendix following
8 s. 1602, as amended, including the annexes thereto in effect
9 on June 1, 1983, for vessels on waters outside of established
10 navigational lines of demarcation as specified in 33 C.F.R.
11 part 80 or the Inland Navigational Rules Act of 1980, 33
12 U.S.C. s. 2001 et seq., as amended, including the annexes
13 thereto in effect on December 24, 1981, for vessels on all
14 waters not outside of such lines of demarcation.
15 (22) "Noncommercial vessel" means any vessel other
16 than a commercial vessel as defined in this section.
17 (24)(23) "Nonresident" means a citizen of the United
18 States who has not established residence in this state and has
19 not continuously resided in this state for 1 year and in one
20 county for the 6 months immediately preceding the initiation
21 of a vessel titling or registration action.
22 (25)(24) "Operate" means to be in charge of or in
23 command of or in actual physical control of a vessel upon the
24 waters of this state, or to exercise control over or to have
25 responsibility for a vessel's navigation or safety while the
26 vessel is underway upon the waters of this state, or to
27 control or steer a vessel being towed by another vessel upon
28 the waters of the state; provided, however, that this
29 definition shall not apply to a person on a vessel that is
30 docked or otherwise made fast to the shore and shall not apply
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1 to a vessel owner or operator who designates a driver pursuant
2 to s. 327.35.
3 (26)(25) "Owner" means a person, other than a
4 lienholder, having the property in or title to a vessel. The
5 term includes a person entitled to the use or possession of a
6 vessel subject to an interest in another person, reserved or
7 created by agreement and securing payment of performance of an
8 obligation, but the term excludes a lessee under a lease not
9 intended as security.
10 (27)(26) "Person" means an individual, partnership,
11 firm, corporation, association, or other entity.
12 (28)(27) "Personal watercraft" means a small class A-1
13 or A-2 vessel less than 16 feet in length which uses an
14 outboard motor, or an inboard motor powering a water jet pump,
15 as its primary source of motive power and which is designed to
16 be operated by a person sitting, standing, or kneeling on, or
17 being towed behind the vessel, rather than in the conventional
18 manner of sitting or standing inside the vessel.
19 (29)(28) "Portable toilet" means a device consisting
20 of a lid, seat, containment vessel, and support structure that
21 is specifically designed to receive, retain, and discharge
22 human waste and that is capable of being removed from a vessel
23 by hand.
24 (30)(29) "Prohibited activity" means such activity as
25 will impede or disturb navigation or creates a safety hazard
26 on waterways of this state.
27 (31)(30) "Racing shell," "rowing scull," or "racing
28 kayak" means a manually propelled vessel which is recognized
29 by national or international racing associations for use in
30 competitive racing and in which all occupants, with the
31 exception of a coxswain, if one is provided, row, scull, or
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1 paddle and which is not designed to carry and does not carry
2 any equipment not solely for competitive racing.
3 (32) "Recreational vessel" means any vessel:
4 (a) Manufactured and used primarily for noncommercial
5 purposes; or
6 (b) Leased, rented, or chartered to a person for the
7 person's noncommercial use.
8 (33)(31) "Registration" means a state operating
9 license on a vessel which is issued with an identifying
10 number, an annual certificate of registration, and a decal
11 designating the year for which a registration fee is paid.
12 (32) "Regulatory marker" means any anchored or fixed
13 marker in, on, or over the water, or anchored platform on the
14 surface of the water, other than a marker provided in s.
15 327.40, and includes, but is not limited to, a bathing beach
16 marker, speed zone marker, information marker, restricted zone
17 marker, congested area marker, or warning marker.
18 (34)(33) "Resident" means a citizen of the United
19 States who has established residence in this state and has
20 continuously resided in this state for 1 year and in one
21 county for the 6 months immediately preceding the initiation
22 of a vessel titling or registration action.
23 (35)(34) "Sailboat" means any vessel whose sole source
24 of propulsion is the wind natural element (i.e., wind).
25 (36)(35) "Unclaimed vessel" means any undocumented
26 vessel, including its machinery, rigging, and accessories,
27 which is in the physical possession of any marina, garage, or
28 repair shop for repairs, improvements, or other work with the
29 knowledge of the vessel owner and for which the costs of such
30 services have been unpaid for a period in excess of 90 days
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1 from the date written notice of the completed work is given by
2 the marina, garage, or repair shop to the vessel owner.
3 (37)(36) "Vessel" is synonymous with boat as
4 referenced in s. 1(b), Art. VII of the State Constitution and
5 includes every description of watercraft, barge, and air boat,
6 other than a seaplane on the water, used or capable of being
7 used as a means of transportation on water.
8 (38)(37) "Waters of this state" means any navigable
9 waters of the United States within the territorial limits of
10 this state, and the marginal sea adjacent to this state and
11 the high seas when navigated as a part of a journey or ride to
12 or from the shore of this state, and all the inland lakes,
13 rivers, and canals under the jurisdiction of this state.
14 Section 2. Subsection (1) of section 327.22, Florida
15 Statutes, is amended to read:
16 327.22 Regulation of vessels by municipalities or
17 counties.--
18 (1) Nothing in this chapter shall be construed to
19 prohibit any municipality or county that expends money for the
20 patrol, regulation, and maintenance of any lakes, rivers, or
21 waters, and for other boating-related activities in such
22 municipality or county, from regulating vessels resident in
23 such municipality or county. Any county or municipality may
24 adopt ordinances which provide for enforcement of noncriminal
25 violations of restricted areas s. 327.33 relating to the
26 careless operation of a vessel which results in the
27 endangering or damaging of property, by citation mailed to
28 registered owner of the vessel. Any such ordinance shall apply
29 only in legally established designated restricted areas which
30 are properly marked as permitted pursuant to ss. 327.40 and
31 327.41 and in need of shoreline protection. Any county and
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1 the municipalities located within the county may jointly
2 regulate vessels.
3 Section 3. Section 327.302, Florida Statutes, is
4 created to read:
5 327.302 Accident report forms.--
6 (1) The commission shall prepare and, upon request,
7 supply to police departments, sheriffs, and other appropriate
8 agencies or individuals forms for accident reports as required
9 in this chapter, suitable with respect to the persons required
10 to make such reports and the purposes to be served. The forms
11 must call for sufficiently detailed information to disclose,
12 with reference to a boating accident, the cause and conditions
13 existing at the time of the accident and the persons and
14 vessels involved. Accident report forms may call for the
15 policy numbers of liability insurance and the names of
16 carriers covering any vessel involved in an accident required
17 to be reported under this chapter.
18 (2) Every accident report required to be made in
19 writing must be made on the appropriate form approved by the
20 commission and must contain all the information required
21 therein unless not available. Notwithstanding any other
22 provisions of this section, an accident report produced
23 electronically by a law enforcement officer must, at a
24 minimum, contain the same information as is required on those
25 forms approved by the commission.
26 Section 4. Subsections (1) and (2) of section 327.33,
27 Florida Statutes, are amended to read:
28 327.33 Reckless or careless operation of vessel.--
29 (1) It is unlawful to operate a vessel in a reckless
30 manner. A person is guilty of reckless operation of a vessel
31 who operates any vessel, or manipulates any water skis,
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1 aquaplane, or similar device, in willful or wanton disregard
2 for the safety of persons or property at a speed or in a
3 manner as to endanger, or likely to endanger, life or limb, or
4 damage the property of, or injure any person. Reckless
5 operation of a vessel includes, but is not limited to, a
6 violation of s. 327.331(6). Any person who violates a
7 provision of this subsection commits is guilty of a
8 misdemeanor of the first degree, punishable as provided in s.
9 775.082 or s. 775.083.
10 (2) Any person operating a vessel upon the waters of
11 this state shall operate the vessel in a reasonable and
12 prudent manner, having regard for other waterborne traffic,
13 posted speed and wake restrictions, the presence of a
14 divers-down flag as defined in s. 861.065, and all other
15 attendant circumstances so as not to endanger the life, limb,
16 or property of any person. Any person operating a vessel on a
17 river, inlet, or navigation channel shall make a reasonable
18 effort to maintain a distance of 100 feet from any divers-down
19 flag. The failure to operate a vessel in a manner described
20 in this subsection constitutes careless operation. However,
21 vessel wake and shoreline wash resulting from the reasonable
22 and prudent operation of a vessel shall, absent negligence,
23 not constitute damage or endangerment to property. Any person
24 who violates the provisions of this subsection commits is
25 guilty of a noncriminal violation as defined in s. 775.08.
26 Section 5. Section 861.065, Florida Statutes, is
27 transferred, renumbered as section 327.331, Florida Statutes,
28 and amended to read:
29 327.331 861.065 Divers; definitions; divers-down flag
30 required; obstruction to navigation of certain waters;
31 penalty.--
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1 (1) As used in this section, the term:
2 (a) "Diver" means any person who is wholly or
3 partially submerged in the waters of the state and is equipped
4 with a face mask and snorkel or underwater breathing
5 apparatus.
6 (b)(2) "Underwater breathing apparatus" means shall
7 mean any apparatus, whether self-contained or connected to a
8 distant source of air or other gas, whereby a person wholly or
9 partially submerged in water is enabled to obtain or reuse air
10 or any other gas or gases for breathing without returning to
11 the surface of the water.
12 (c)(3) "Divers-down flag" means shall mean a flag that
13 meets the following specifications: is either square or
14 rectangular, to approximately 4 units high by 5 units long,
15 with a 1-unit diagonal stripe. The divers-down flag shall
16 have a white diagonal stripe on a red background. The stripe
17 shall begin at the top staff-side of the flag and extend
18 diagonally to the opposite lower corner. The flag shall be
19 free-flying and shall be lowered when all divers are aboard or
20 ashore. The minimum size shall be 12 by 12 inches.
21 1. The flag must be square or rectangular. If
22 rectangular, the length must not be less than the height, or
23 more than 25 percent longer than the height. The flag must
24 have a wire or other stiffener to hold it fully unfurled and
25 extended in the absence of a wind or breeze.
26 2. The flag must be red with a white diagonal stripe
27 that begins at the top staff-side of the flag and extends
28 diagonally to the lower opposite corner. The width of the
29 stripe must be 25 percent of the height of the flag.
30 3. The minimum size for any divers-down flag displayed
31 on a buoy or float towed by the diver is 12 inches by 12
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1 inches. The minimum size for any divers-down flag displayed
2 from a vessel or structure is 20 inches by 24 inches.
3 4. Any divers-down flag displayed from a vessel must
4 be displayed from the highest point of the vessel or such
5 other location which provides that the visibility of the
6 divers-down flag is not obstructed in any direction.
7 (2)(4) All divers must shall prominently display a
8 divers-down flag in the area in which the diving occurs, other
9 than when diving in an area customarily used for swimming
10 only.
11 (3)(5) No diver or group of divers shall display one
12 or more divers-down flags on a river, inlet, or navigation
13 channel, except in case of emergency, in a manner which shall
14 unreasonably constitute a navigational hazard.
15 (4)(6) Divers shall make reasonable efforts to stay
16 within 100 feet of the divers-down flag on rivers, inlets, and
17 navigation channels. Any person operating a vessel on a river,
18 inlet, or navigation channel must make a reasonable effort to
19 maintain a distance of at least 100 feet from any divers-down
20 flag.
21 (5) Divers must make reasonable efforts to stay within
22 300 feet of the divers-down flag on all waters other than
23 rivers, inlets, and navigation channels. Any person operating
24 a vessel on waters other than a river, inlet, or navigation
25 channel must make a reasonable effort to maintain a distance
26 of at least 300 feet from any divers-down flag.
27 (6) Any vessel other than a law enforcement or rescue
28 vessel that approaches within 100 feet of a divers-down flag
29 on a river, inlet, or navigation channel, or within 300 feet
30 of a divers-down flag on waters other than a river, inlet, or
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1 navigation channel, must proceed no faster than is necessary
2 to maintain headway and steerageway.
3 (7) The divers-down flag must be lowered once all
4 divers are aboard or ashore. No person may operate any vessel
5 displaying a divers-down flag unless the vessel has one or
6 more divers in the water.
7 (8)(7) Any willful violation of this section shall be
8 a misdemeanor of the second degree punishable as provided by
9 s. 775.082 or s. 775.083.
10 Section 6. Effective October 1, 2001, subsection (8)
11 of section 327.331, Florida Statutes, as amended by this act,
12 is amended to read:
13 327.331 Divers; definitions; divers-down flag
14 required; obstruction to navigation of certain waters;
15 penalty.--
16 (8) Except as provided in s. 327.33, any willful
17 violation of this section shall be a noncriminal infraction
18 punishable as provided in s. 327.73 misdemeanor of the second
19 degree punishable as provided by s. 775.082 or s. 775.083.
20 Section 7. Subsections (3), (4), (5), (6), and (10) of
21 section 327.35, Florida Statutes, are amended to read:
22 327.35 Boating under the influence; penalties;
23 "designated drivers".--
24 (3) Any person:
25 (a) Who is in violation of subsection (1);
26 (b) Who operates a vessel; and
27 (c) Who, by reason of such operation, causes:
28 1. Damage to the property or person of another commits
29 a misdemeanor of the first degree, punishable as provided in
30 s. 775.082 or s. 775.083.
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1 2. Serious bodily injury to another, as defined in s.
2 316.1933, commits a felony of the third degree, punishable as
3 provided in s. 775.082, s. 775.083, or s. 775.084.
4 3. The death of any human being commits BUI
5 manslaughter, and commits:
6 a. A felony of the second degree, punishable as
7 provided in s. 775.082, s. 775.083, or s. 775.084.
8 b. A felony of the first degree, punishable as
9 provided in s. 775.082, s. 775.083, or s. 775.084, if:
10 (I) At the time of the accident, the person knew, or
11 should have known, that the accident occurred; and
12 (II) The person failed to give information and render
13 aid as required by s. 327.30 316.062.
14
15 This sub-subparagraph does not require that the person knew
16 that the accident resulted in injury or death.
17 (4) Any person who is convicted of a violation of
18 subsection (1) and who has a blood-alcohol level or
19 breath-alcohol level of 0.16 0.20 or higher, or any person who
20 is convicted of a violation of subsection (1) and who at the
21 time of the offense was accompanied in the vessel by a person
22 under the age of 18 years, shall be punished:
23 (a) By a fine of:
24 1. Not less than $500 or more than $1,000 for a first
25 conviction.
26 2. Not less than $1,000 or more than $2,000 for a
27 second conviction.
28 3. Not less than $2,000 or more than $5,000 for a
29 third conviction.
30 (b) By imprisonment for:
31 1. Not more than 9 months for a first conviction.
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1 2. Not more than 12 months for a second conviction.
2 3. Not more than 12 months for a third conviction.
3
4 For the purposes of this subsection, only the instant offense
5 is required to be a violation of subsection (1) by a person
6 who has a blood-alcohol level or breath-alcohol level of 0.16
7 0.20 or higher.
8 (5) In addition to any sentence or fine, the court
9 shall place all offenders any offender convicted of violating
10 this section on monthly reporting probation and shall require
11 completion of attendance at a substance abuse course specified
12 by the court, which must include a psychosocial evaluation of
13 the offender. If; and the agency conducting the course refers
14 may refer the offender to an authorized substance abuse
15 treatment service provider for substance abuse evaluation and
16 treatment, in addition to any sentence or fine imposed under
17 this section, completion of all such education, evaluation,
18 and treatment is a condition of reporting probation. The
19 offender shall assume reasonable costs for such education,
20 evaluation, and treatment, with completion of all such
21 education, evaluation, and treatment being a condition of
22 reporting probation. The referral to treatment resulting from
23 a psychosocial evaluation shall may not be waived without a
24 supporting independent psychosocial evaluation conducted by an
25 authorized substance abuse treatment provider agency appointed
26 by the court, which shall have and with access to the original
27 psychosocial evaluation before the independent psychosocial
28 evaluation is completed. The court shall review the results
29 and recommendations of both evaluations before determining the
30 request for waiver. The offender shall bear the full cost of
31 this procedure. The term "substance abuse" means the abuse of
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1 alcohol or any substance named or described in Schedules I
2 through V of s. 893.03. If an offender referred to treatment
3 under this subsection fails to report for or complete such
4 treatment or fails to complete the substance abuse education
5 course and evaluation, the agency conducting the course shall
6 notify the court and the offender's probation officer of the
7 failure. Upon receipt of the notice, the court shall order
8 the offender not to operate any vessel upon the waters of this
9 state for the remainder of the period of probation.
10 (6) With respect to any person convicted of a
11 violation of subsection (1), regardless of any other penalty
12 imposed:
13 (a) For the first conviction, the court shall place
14 the defendant on probation for a period not to exceed 1 year
15 and, as a condition of such probation, shall order the
16 defendant to participate in public service or a community work
17 project for a minimum of 50 hours. The court must also, as a
18 condition of probation, order the impoundment or
19 immobilization of the vessel that was operated by or in the
20 actual control of the defendant or any one vehicle registered
21 in the defendant's name at the time of impoundment or
22 immobilization, for a period of 10 days or for the unexpired
23 term of any lease or rental agreement that expires within 10
24 days. The impoundment or immobilization must not occur
25 concurrently with the incarceration of the defendant. The
26 impoundment or immobilization order may be dismissed in
27 accordance with paragraph (e) or paragraph (f). The total
28 period of probation and incarceration may not exceed 1 year.
29 (b) For the second conviction for an offense that
30 occurs within a period of 5 years after the date of a prior
31 conviction for violation of this section, the court shall
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1 order imprisonment for not less than 10 days. The court must
2 also, as a condition of probation, order the impoundment or
3 immobilization of the vessel that was operated by or in the
4 actual control of the defendant or any one vehicle registered
5 in the defendant's name at the time of impoundment or
6 immobilization, for a period of 30 days or for the unexpired
7 term of any lease or rental agreement that expires within 30
8 days. The impoundment or immobilization must not occur
9 concurrently with the incarceration of the defendant. The
10 impoundment or immobilization order may be dismissed in
11 accordance with paragraph (e) or paragraph (f). At least 48
12 hours of confinement must be consecutive.
13 (c) For the third or subsequent conviction for an
14 offense that occurs within a period of 10 years after the date
15 of a prior conviction for violation of this section, the court
16 shall order imprisonment for not less than 30 days. The court
17 must also, as a condition of probation, order the impoundment
18 or immobilization of the vessel that was operated by or in the
19 actual control of the defendant or any one vehicle registered
20 in the defendant's name at the time of impoundment or
21 immobilization, for a period of 90 days or for the unexpired
22 term of any lease or rental agreement that expires within 90
23 days. The impoundment or immobilization must not occur
24 concurrently with the incarceration of the defendant. The
25 impoundment or immobilization order may be dismissed in
26 accordance with paragraph (e) or paragraph (f). At least 48
27 hours of confinement must be consecutive.
28 (d) The court must at the time of sentencing the
29 defendant issue an order for the impoundment or immobilization
30 of a vessel. Within 7 business days after the date that the
31 court issues the order of impoundment, and once again 30
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1 business days before the actual impoundment or immobilization
2 of the vessel, the clerk of the court must send notice by
3 certified mail, return receipt requested, to the registered
4 owner of each vessel, if the registered owner is a person
5 other than the defendant, and to each person of record
6 claiming a lien against the vessel.
7 (e) A person who owns but was not operating the vessel
8 when the offense occurred may submit to the court a police
9 report indicating that the vessel was stolen at the time of
10 the offense or documentation of having purchased the vessel
11 after the offense was committed from an entity other than the
12 defendant or the defendant's agent. If the court finds that
13 the vessel was stolen or that the sale was not made to
14 circumvent the order and allow the defendant continued access
15 to the vessel, the order must be dismissed and the owner of
16 the vessel will incur no costs. If the court denies the
17 request to dismiss the order of impoundment or immobilization,
18 the petitioner may request an evidentiary hearing.
19 (f) A person who owns but was not operating the vessel
20 when the offense occurred, and whose vessel was stolen or who
21 purchased the vessel after the offense was committed directly
22 from the defendant or the defendant's agent, may request an
23 evidentiary hearing to determine whether the impoundment or
24 immobilization should occur. If the court finds that either
25 the vessel was stolen or the purchase was made without
26 knowledge of the offense, that the purchaser had no
27 relationship to the defendant other than through the
28 transaction, and that such purchase would not circumvent the
29 order and allow the defendant continued access to the vessel,
30 the order must be dismissed and the owner of the vessel will
31 incur no costs.
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1 (g) All costs and fees for the impoundment or
2 immobilization, including the cost of notification, must be
3 paid by the owner of the vessel or, if the vessel is leased or
4 rented, by the person leasing or renting the vessel, unless
5 the impoundment or immobilization order is dismissed.
6 (h) The person who owns a vessel that is impounded or
7 immobilized under this paragraph, or a person who has a lien
8 of record against such a vessel and who has not requested a
9 review of the impoundment pursuant to paragraph (e) or
10 paragraph (f), may, within 10 days after the date that person
11 has knowledge of the location of the vessel, file a complaint
12 in the county in which the owner resides to determine whether
13 the vessel was wrongfully taken or withheld from the owner or
14 lienholder. Upon the filing of a complaint, the owner or
15 lienholder may have the vessel released by posting with the
16 court a bond or other adequate security equal to the amount of
17 the costs and fees for impoundment or immobilization,
18 including towing or storage, to ensure the payment of the
19 costs and fees if the owner or lienholder does not prevail.
20 When the bond is posted and the fee is paid as set forth in s.
21 28.24, the clerk of the court shall issue a certificate
22 releasing the vessel. At the time of release, after reasonable
23 inspection, the owner or lienholder must give a receipt to the
24 towing or storage company indicating any loss or damage to the
25 vessel or to the contents of the vessel.
26 (i) A defendant, in the court's discretion, may be
27 required to serve all or any portion of a term of imprisonment
28 to which the defendant has been sentenced pursuant to this
29 section in a residential alcoholism treatment program or a
30 residential drug abuse treatment program. Any time spent in
31
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1 such a program must be credited by the court toward the term
2 of imprisonment.
3
4 For the purposes of this section, any conviction for a
5 violation of s. 316.193, a previous conviction for the
6 violation of former s. 316.1931, former s. 327.351, former s.
7 860.01, or former s. 316.028, or a previous conviction outside
8 this state for driving or boating under the influence, driving
9 or boating while intoxicated, driving or boating with an
10 unlawful blood-alcohol level, driving or boating with an
11 unlawful breath-alcohol level, or any other similar
12 alcohol-related or drug-related traffic or boating offense, is
13 also considered a previous conviction for violation of this
14 section.
15 (10) It is the intent of the Legislature to encourage
16 boaters to have a "designated driver." Therefore, this section
17 shall not apply to a person on a vessel that is docked or
18 otherwise made fast to the shore and shall not apply to a
19 vessel owner or operator who is not in actual physical control
20 of the vessel and who has designated a driver who does not
21 consume any alcoholic beverages, any chemical substance set
22 forth in s. 877.111, or any substance controlled under chapter
23 893.
24 Section 8. Paragraph (a) of subsection (1) of section
25 327.355, Florida Statutes, is amended to read:
26 327.355 Operation of vessels by persons under 21 years
27 of age who have consumed alcoholic beverages.--
28 (1)(a) Notwithstanding s. 327.35, it is unlawful for a
29 person under the age of 21 who has a breath-alcohol level of
30 0.02 percent or higher to operate or be in actual physical
31 control of a vessel.
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1 Section 9. Paragraph (a) of subsection (2) of section
2 327.36, Florida Statutes, is amended to read:
3 327.36 Mandatory adjudication; prohibition against
4 accepting plea to lesser included offense.--
5 (2)(a) No trial judge may accept a plea of guilty to a
6 lesser offense from a person who is charged with a violation
7 of s. 327.35, manslaughter resulting from the operation of a
8 vessel, or vessel homicide and who has been given a breath or
9 blood test to determine blood or breath alcohol content, the
10 results of which show a blood-alcohol level or breath-alcohol
11 level blood or breath alcohol content by weight of 0.16
12 percent or more.
13 Section 10. Paragraphs (a) and (b) of subsection (2)
14 of section 327.37, Florida Statutes, are amended to read:
15 327.37 Water skis, parasails, and aquaplanes
16 regulated.--
17 (2)(a) A person may not engage in water skiing,
18 parasailing, aquaplaning, or any similar activity at any time
19 between the hours from one-half hour after sunset to one-half
20 hour before sunrise.
21 (b) A person may not engage in water skiing,
22 parasailing, aquaplaning, or any similar activity unless such
23 person is wearing a noninflatable type I, type II, type III,
24 or noninflatable type V personal flotation device approved by
25 the United States Coast Guard.
26 Section 11. Subsections (1), (4), (5), and (6) of
27 section 327.39, Florida Statutes, are amended to read:
28 327.39 Personal watercraft regulated.--
29 (1) A person may not operate a personal watercraft
30 unless each person riding on or being towed behind such vessel
31 is wearing a type I, type II, type III, or type V personal
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1 flotation device, other than an inflatable device, approved by
2 the United States Coast Guard.
3 (4) A personal watercraft must at all times be
4 operated in a reasonable and prudent manner. Maneuvers which
5 unreasonably or unnecessarily endanger life, limb, or
6 property, including, but not limited to, weaving through
7 congested vessel traffic, jumping the wake of another vessel
8 unreasonably or unnecessarily close to such other vessel or
9 when visibility around such other vessel is obstructed, and
10 swerving at the last possible moment to avoid collision shall
11 constitute reckless operation of a vessel, as provided in s.
12 327.33(1). Any person operating a personal watercraft must
13 comply with the provisions of s. 327.33.
14 (5) No person under the age of 14 shall operate any a
15 personal watercraft on the waters of this state.
16 (6)(a) It is unlawful for the owner of any personal
17 watercraft or any person having charge over or control of a
18 personal watercraft to authorize or knowingly permit the same
19 to be operated by a person under 14 years of age in violation
20 of this section.
21 (b)1. It is unlawful for the owner of any leased,
22 hired, or rented personal watercraft, or any person having
23 charge over or control of a leased, hired, or rented personal
24 watercraft, to authorize or knowingly permit the watercraft to
25 be operated by any person who has not received instruction in
26 the safe handling of personal watercraft, in compliance with
27 rules established by the commission.
28 2. Any person receiving instruction in the safe
29 handling of personal watercraft pursuant to a program
30 established by rule of the commission must provide the owner
31 of, or person having charge of or control over, a leased,
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1 hired, or rented personal watercraft with a written statement
2 attesting to the same.
3 3. The commission shall have the authority to
4 establish rules pursuant to chapter 120 prescribing the
5 instruction to be given, which shall take into account the
6 nature and operational characteristics of personal watercraft
7 and general principles and regulations pertaining to boating
8 safety.
9 (c) Any person who violates this subsection commits
10 shall be guilty of a misdemeanor of the second degree,
11 punishable as provided in s. 775.082 or s. 775.083.
12 Section 12. Subsections (3) through (10) of section
13 327.395, Florida Statutes, are renumbered as subsections (4)
14 through (11), respectively, and a new subsection (3) is added
15 to that section, to read:
16 327.395 Boating safety identification cards.--
17 (3) Any commission-approved boater education or boater
18 safety course, course-equivalency examination developed or
19 approved by the commission, or temporary certificate
20 examination developed or approved by the commission must
21 include a component regarding diving vessels, awareness of
22 divers in the water, divers-down flags, and the requirements
23 of s. 327.331.
24 Section 13. Subsections (1) and (2) of section 327.40,
25 Florida Statutes, are amended to read:
26 327.40 Uniform waterway markers for safety and
27 navigation.--
28 (1) Waterways in Florida, unmarked by the Coast Guard,
29 which need marking for safety or navigation purposes, shall be
30 marked under the United States Aids to Navigation System, 33
31 C.F.R. part 62. Until December 31, 2003, channel markers and
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1 obstruction markers conforming to the Uniform State Waterway
2 Marking System, 33 C.F.R. subpart 66.10, may continue to be
3 used on waters of this state that are not navigable waters of
4 the United States. Uniform Safety and Navigation System
5 adopted by the advisory panel of state officials to the
6 Merchant Marine Council of the United States Coast Guard.
7 (2)(a) Application for marking inland lakes and state
8 waters and any navigable waters under concurrent jurisdiction
9 of the Coast Guard and the division shall be made to the
10 division, accompanied by a map locating the approximate
11 placement of markers, a list of the markers to be place, a
12 statement of the specification of the markers, a statement of
13 concerning the purpose of marking, and the names of persons
14 responsible for the placement and upkeep of such markers. The
15 division will assist the applicant to secure the proper
16 permission from the Coast Guard where required, make such
17 investigations as needed, and issue a permit. The division
18 shall furnish the applicant with the information concerning
19 the system adopted and the rules regulations existing for
20 placing and maintaining the uniform safety and navigation
21 markers. The division shall keep records of all approvals
22 given and counsel with individuals, counties, municipalities,
23 motorboat clubs, or other groups desiring to mark waterways
24 for safety and navigation purposes in Florida.
25 (b) No person or municipality, county, or other
26 governmental entity shall place any safety or navigation
27 markers in, on, or over the waters or shores of the state
28 without a permit from the division.
29 (c) The commission is authorized to adopt rules
30 pursuant to chapter 120 to implement this section.
31
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1 Section 14. Section 327.41, Florida Statutes, is
2 amended to read:
3 327.41 Uniform waterway regulatory markers.--
4 (1) The Fish and Wildlife Conservation commission
5 shall adopt rules and regulations pursuant to chapter 120
6 establishing a uniform system of regulatory markers for the
7 waters of the state Florida Intracoastal Waterway, compatible
8 with the system of regulatory markers prescribed by the United
9 States Coast Guard in the United States Aids to Navigation
10 System, 33 C.F.R. part 62, and shall give due regard to the
11 System of Uniform Waterway Markers approved by the Advisory
12 Panel of State Officials to the Merchant Marine Council,
13 United States Coast Guard.
14 (2) Any county or municipality which has been granted
15 a restricted area designation, pursuant to s. 327.46, for a
16 portion of the Florida Intracoastal Waterway within its
17 jurisdiction or which has adopted a restricted area by
18 ordinance pursuant to s. 327.22, s. 327.60, or s.
19 370.12(2)(o), or any other governmental entity which has
20 legally established a restricted area, may apply to the Fish
21 and Wildlife Conservation commission for permission to place
22 regulatory markers within the restricted area.
23 (3) Application for placing regulatory markers in the
24 waters of the state on the Florida Intracoastal Waterway shall
25 be made to the division as provided in s. 327.40 of Marine
26 Resources, accompanied by a map locating the approximate
27 placement of the markers, a statement of the specification of
28 the markers, a statement of purpose of the markers, and a
29 statement of the city or county responsible for the placement
30 and upkeep of the markers.
31
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1 (4) No person or municipality, county, or other
2 governmental entity shall place any regulatory markers in, on,
3 or over the waters of the state or the shores thereof Florida
4 Intracoastal Waterway without a permit from the division
5 pursuant to s. 327.40 of Marine Resources.
6 (5) Aquaculture leaseholds shall be marked as required
7 by this section, and the commission may approve alternative
8 marking requirements as a condition of the lease pursuant to
9 s. 253.68. The provisions of this section notwithstanding, no
10 permit shall be required for the placement of markers required
11 by such a lease.
12 (6) The commission is authorized to adopt rules
13 pursuant to chapter 120 to implement the provisions of this
14 section.
15 Section 15. Section 327.46, Florida Statutes, is
16 amended to read:
17 327.46 Restricted areas.--
18 (1)(a) The commission has shall have the authority to
19 establish for establishing, by rule, pursuant to chapter 120,
20 restricted areas on the waters of the state for any purpose
21 deemed necessary for the safety of the public, including, but
22 not limited to, vessel boat speeds and vessel boat traffic,
23 where such restrictions are deemed necessary based on boating
24 accidents, visibility, hazardous currents or water levels
25 tides, vessel traffic congestion, or other navigational
26 hazards. Each such restricted area shall be developed in
27 consultation and coordination with the governing body of the
28 county or municipality in which the restricted area is located
29 and, where required, with the United States Coast Guard and
30 the United States Army Corps of Engineers. Restricted areas
31
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1 shall be established in accordance with procedures under
2 chapter 120.
3 (2) It is unlawful for any person to operate a vessel
4 in a prohibited manner or to carry on any prohibited activity,
5 as defined in this chapter, deemed a safety hazard or
6 interference with navigation as provided above within a
7 restricted water area which has been clearly marked by
8 regulatory markers buoys or some other distinguishing device
9 as a bathing or otherwise restricted area in accordance with
10 and marked as authorized under this chapter.; provided, that
11 (3) This section shall not apply in the case of an
12 emergency or to a law enforcement, firefighting, patrol or
13 rescue vessel owned or operated by a governmental entity
14 craft.
15 Section 16. Section 327.49, Florida Statutes, is
16 created to read:
17 327.49 Testing vessels and vessel motors.--Subject to
18 reasonable rules adopted by the commission pursuant to chapter
19 120, manufacturers of vessels and vessel motors that operate
20 vessel and vessel motor test facilities shall be authorized to
21 test such vessels, vessel motors, or combinations thereof on
22 the waters of the state to ensure that they meet generally
23 accepted boating safety standards.
24 Section 17. Section 327.54, Florida Statutes, is
25 amended to read:
26 327.54 Liveries; safety regulations; penalty.--
27 (1) A livery may not knowingly lease, hire, or rent a
28 vessel to any person:
29 (a) When the number of persons intending to use the
30 vessel exceeds the number considered to constitute a maximum
31
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1 safety load for the vessel as specified on the authorized
2 persons capacity plate of the vessel.
3 (b) When the horsepower of the motor exceeds the
4 capacity of the vessel.
5 (c) When the vessel does not contain the required
6 safety equipment required under s. 327.50.
7 (d) When the vessel is not seaworthy.
8 (e) When the vessel is equipped with a motor of 10
9 horsepower or greater, unless the livery provides there is a
10 prerental or preride instruction that includes, but need not
11 be limited to: in the safe operation of the vessel by the
12 livery.
13 1. Operational characteristics of the vessel to be
14 rented.
15 2. Safe vessel operation and vessel right-of-way.
16 3. The responsibility of the vessel operator for the
17 safe and proper operation of the vessel.
18 4. Local characteristics of the waterway where the
19 vessel will be operated.
20
21 Any person delivering the information specified in this
22 paragraph must have successfully completed a boater safety
23 course approved by the National Association of State Boating
24 Law Administrators and this state.
25 (f) Unless the livery displays boating safety
26 information in a place visible to the renting public. The
27 commission shall prescribe by rule pursuant to chapter 120,
28 the contents and size of the boating safety information to be
29 displayed.
30 (2) A livery may not knowingly lease, hire, or rent
31 any vessel powered by a motor of 10 horsepower or greater to
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1 any person who is required to comply with s. 327.395, unless
2 such person presents a valid boater safety identification card
3 to the livery.
4 (3) If a vessel is unnecessarily overdue, the livery
5 shall notify the proper authorities.
6 (4)(a) A livery may not knowingly lease, hire, or rent
7 a personal watercraft to any person who is under 18 16 years
8 of age.,
9 (b) A livery may not knowingly nor may it lease, hire,
10 or rent a personal such watercraft to any person who has not
11 received instruction in the safe handling of personal
12 watercraft, in compliance with rules established by the
13 commission pursuant to chapter 120 or other vessel to any
14 other person, unless the livery displays boating safety
15 information about the safe and proper operation of vessels and
16 requires a signature by the lessee that he or she has received
17 instruction in the safe handling of the personal watercraft in
18 compliance with standards established by the department.
19 (c) Any person receiving instruction in the safe
20 handling of personal watercraft pursuant to a program
21 established by rule of the commission must provide the livery
22 with a written statement attesting to the same.
23 (5) A livery may not lease, hire, or rent any personal
24 watercraft or offer to lease, hire, or rent any personal
25 watercraft unless the livery first obtains and carries in full
26 force and effect a policy from a licensed insurance carrier in
27 this state, insuring against any accident, loss, injury,
28 property damage, or other casualty caused by or resulting from
29 the operation of the personal watercraft. The insurance
30 policy shall provide coverage of at least $500,000 per person
31 and $1 million per event. The livery must have proof of such
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1 insurance available for inspection at the location where
2 personal watercraft are being leased, hired, or rented, or
3 offered for lease, hire, or rent, and shall provide to each
4 renter the insurance carrier's name and address and the
5 insurance policy number.
6 (6)(5) Any person convicted of violating this section
7 commits is guilty of a misdemeanor of the second degree,
8 punishable as provided in s. 775.082 or s. 775.083.
9 (6) When the livery has complied with subsections (1),
10 (2), (3), and (4), its liability ceases and the person leasing
11 the vessel from the livery is liable for any violations of
12 this chapter and is personally liable for any accident or
13 injury occurring while in charge of such vessel.
14 Section 18. Subsection (1) of section 327.60, Florida
15 Statutes, is amended to read:
16 327.60 Local regulations; limitations.--
17 (1) The provisions of ss. 327.01, 327.02,
18 327.30-327.40, 327.44-327.50, 327.54, 327.56, 327.65,
19 328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall govern
20 the operation, equipment, and all other matters relating
21 thereto whenever any vessel shall be operated upon the
22 waterways or when any activity regulated hereby shall take
23 place thereon. Nothing in these sections shall be construed to
24 prevent the adoption of any ordinance or local law relating to
25 operation and equipment of vessels, except that no such
26 ordinance or local law may apply to the Florida Intracoastal
27 Waterway and except that such ordinances or local laws shall
28 be operative only when they are not in conflict with this
29 chapter or any amendments thereto or regulations thereunder.
30 Any ordinance or local law adopted pursuant to this section
31
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1 may not discriminate against personal watercraft as defined in
2 s. 327.02.
3 Section 19. Section 327.72, Florida Statutes, is
4 amended to read:
5 327.72 Penalties.--Any person failing to comply with
6 the provisions of this chapter or chapter 328 not specified in
7 s. 327.73 or not paying the civil penalty fine specified in
8 said section within 30 10 days, except as otherwise provided
9 in this chapter or chapter 328, commits is guilty of a
10 misdemeanor of the second degree, punishable as provided in s.
11 775.082 or s. 775.083.
12 Section 20. Paragraph (k) of subsection (1) and
13 subsection (4) of section 327.73, Florida Statutes, are
14 amended, subsections, (9), (10), and (11) are added to that
15 section, and paragraph (p) of subsection (1) of that section
16 is reenacted for the purpose of incorporating the amendments
17 to section 327.39, Florida Statutes, in a reference, to read:
18 327.73 Noncriminal infractions.--
19 (1) Violations of the following provisions of the
20 vessel laws of this state are noncriminal infractions:
21 (k) Violations relating to restricted areas and speed
22 limits:
23 1. Established by the commission department pursuant
24 to s. 327.46.
25 2. Established by local governmental authorities
26 pursuant to s. 327.22 or s. 327.60.
27 3. Speed limits established pursuant to s. 370.12(2).
28 (p) Section 327.39(1), (2), (3), and (5), relating to
29 personal watercraft.
30
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1 Any person cited for a violation of any such provision shall
2 be deemed to be charged with a noncriminal infraction, shall
3 be cited for such an infraction, and shall be cited to appear
4 before the county court. The civil penalty for any such
5 infraction is $50, except as otherwise provided in this
6 section. Any person who fails to appear or otherwise properly
7 respond to a uniform boating citation shall, in addition to
8 the charge relating to the violation of the boating laws of
9 this state, be charged with the offense of failing to respond
10 to such citation and, upon conviction, be guilty of a
11 misdemeanor of the second degree, punishable as provided in s.
12 775.082 or s. 775.083. A written warning to this effect shall
13 be provided at the time such uniform boating citation is
14 issued.
15 (4) Any person charged with a noncriminal infraction
16 under this section may:
17 (a) Pay the civil penalty, either by mail or in
18 person, within 30 10 days of the date of receiving the
19 citation; or,
20 (b) If he or she has posted bond, forfeit bond by not
21 appearing at the designated time and location.
22
23 If the person cited follows either of the above procedures, he
24 or she shall be deemed to have admitted the noncriminal
25 infraction and to have waived the right to a hearing on the
26 issue of commission of the infraction. Such admission shall
27 not be used as evidence in any other proceedings.
28 (9)(a) Any person who fails to comply with the court's
29 requirements or who fails to pay the civil penalties specified
30 in this section within the 30-day period provided for in s.
31 327.72 must pay an additional court cost of $12, which shall
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1 be used by the clerks of the courts to defray the costs of
2 tracking unpaid uniform boating citations.
3 (b) Any person who fails to comply with the court's
4 requirements as to civil penalties specified in this section
5 due to demonstrated financial hardship shall be authorized to
6 satisfy such civil penalties by public works or community
7 service. Each hour of such service shall be applied, at the
8 rate of the minimum wage, toward payment of the person's civil
9 penalties; provided, however, that if the person has a trade
10 or profession for which there is a community service need and
11 application, the rate for each hour of such service shall be
12 the average standard wage for such trade or profession. Any
13 person who fails to comply with the court's requirements as to
14 such civil penalties who does not demonstrate financial
15 hardship may also, at the discretion of the court, be
16 authorized to satisfy such civil penalties by public works or
17 community service in the same manner.
18 (c) If the noncriminal infraction has caused or
19 resulted in the death of another, the court may require the
20 person who committed the infraction to perform 120 community
21 service hours in addition to any other penalties.
22 (10) Any person cited for any noncriminal infraction
23 which results in an accident that causes the death of another,
24 or which results in an accident that causes "serious bodily
25 injury" of another as defined in s. 327.353(1), shall not have
26 the provisions of subsection (4) available to him or her but
27 must appear before the designated official at the time and
28 location of the scheduled hearing.
29 (11)(a) Court costs that are to be in addition to the
30 stated civil penalty shall be imposed by the court in an
31 amount not less than the following:
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1 1. For swimming or diving infractions, $3.
2 2. For nonmoving boating infractions, $6
3 3. For boating infractions listed in s. 327.731(1),
4 $10.
5 (b) In addition to the court cost assessed under
6 paragraph (a), the court shall impose a $3 court cost for each
7 noncriminal infraction, to be distributed as provided in s.
8 938.01, and a $2 court cost as provided in s. 938.15 when
9 assessed by a municipality or county.
10
11 Court costs imposed under this subsection may not exceed $30.
12 A criminal justice selection center or both local criminal
13 justice access and assessment centers may be funded from these
14 court costs.
15 Section 21. Effective October 1, 2001, paragraph (u)
16 is added to subsection (1) of section 327.73, Florida
17 Statutes, to read:
18 327.73 Noncriminal infractions.--
19 (1) Violations of the following provisions of the
20 vessel laws of this state are noncriminal infractions:
21 (u) Section 327.331, relating to divers-down flags,
22 except for violations meeting the requirements of s. 327.33.
23
24 Any person cited for a violation of any such provision shall
25 be deemed to be charged with a noncriminal infraction, shall
26 be cited for such an infraction, and shall be cited to appear
27 before the county court. The civil penalty for any such
28 infraction is $50, except as otherwise provided in this
29 section. Any person who fails to appear or otherwise properly
30 respond to a uniform boating citation shall, in addition to
31 the charge relating to the violation of the boating laws of
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1 this state, be charged with the offense of failing to respond
2 to such citation and, upon conviction, be guilty of a
3 misdemeanor of the second degree, punishable as provided in s.
4 775.082 or s. 775.083. A written warning to this effect shall
5 be provided at the time such uniform boating citation is
6 issued.
7 Section 22. Effective October 1, 2001, subsection (1)
8 of section 327.731, Florida Statutes, is amended to read:
9 327.731 Mandatory education for violators.--
10 (1) Every person convicted of a criminal violation of
11 this chapter, every person convicted of a noncriminal
12 infraction under this chapter if the infraction resulted in a
13 reportable boating accident, and every person convicted of two
14 noncriminal infractions as defined in s. 327.73(1)(h) through
15 (k), (m) through (p), and (s) through (u) (s), and (t), said
16 infractions occurring within a 12-month period, must:
17 (a) Enroll in, attend, and successfully complete, at
18 his or her own expense, a boating safety course that meets
19 minimum standards established by the commission by rule;
20 however, the commission may provide by rule pursuant to
21 chapter 120 for waivers of the attendance requirement for
22 violators residing in areas where classroom presentation of
23 the course is not available;
24 (b) File with the commission within 90 days proof of
25 successful completion of the course;
26 (c) Refrain from operating a vessel until he or she
27 has filed the proof of successful completion of the course
28 with the commission.
29
30
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1 Any person who has successfully completed an approved boating
2 course shall be exempt from these provisions upon showing
3 proof to the commission as specified in paragraph (b).
4 Section 23. Subsections (1) and (3) of section
5 327.803, Florida Statutes, are amended to read:
6 327.803 Boating Advisory Council.--
7 (1) The Boating Advisory Council is created within the
8 Fish and Wildlife Conservation Commission and shall be
9 composed of 17 16 members. The members include:
10 (a) One representative from the Fish and Wildlife
11 Conservation Commission, who shall serve as the chair of the
12 council.
13 (b) One representative each from the Department of
14 Environmental Protection, the United States Coast Guard
15 Auxiliary, the United States Power Squadron, and the inland
16 navigation districts.
17 (c) One representative of manatee protection
18 interests, one representative of the marine industries, two
19 representatives of water-related environmental groups, one
20 representative of marine manufacturers, one representative of
21 commercial vessel owners or operators, one representative of
22 sport boat racing, one representative actively involved and
23 working full-time in the scuba diving industry who has
24 experience in recreational boating, and two representatives of
25 the boating public, each of whom shall be nominated by the
26 executive director of the Fish and Wildlife Conservation
27 Commission and appointed by the Governor to serve staggered
28 2-year terms.
29 (d) One member of the House of Representatives, who
30 shall be appointed by the Speaker of the House of
31 Representatives.
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1 (e) One member of the Senate, who shall be appointed
2 by the President of the Senate.
3 (3) The purpose of the council is to make
4 recommendations to the Fish and Wildlife Conservation
5 Commission and the Department of Community Affairs regarding
6 issues affecting the boating community, including, but not
7 limited to, issues related to:
8 (a) Boating and diving safety education.
9 (b) Boating-related facilities, including marinas and
10 boat testing facilities.
11 (c) Boat usage.
12 Section 24. Subsection (2) of section 328.48, Florida
13 Statutes, is amended to read:
14 328.48 Vessel registration, application, certificate,
15 number, decal, duplicate certificate.--
16 (2) All vessels used operated on the waters of the
17 state must be registered, either commercial or recreational
18 noncommercial as defined in this chapter herein, except as
19 follows:
20 (a) A vessel used exclusively on private lakes and
21 ponds.
22 (b) A vessel owned by the United States Government.
23 (c) A vessel used exclusively as a ship's lifeboat.
24 (d) A non-motor-powered vessel.
25 Section 25. Section 328.56, Florida Statutes, is
26 amended to read:
27 328.56 Vessel registration number.--Each vessel that
28 is used operated on the waters of the state must display a
29 commercial or recreational noncommercial Florida registration
30 number, unless it is:
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1 (1) A vessel used exclusively on private lakes and
2 ponds.
3 (2) A vessel owned by the United States Government.
4 (3) A vessel used exclusively as a ship's lifeboat.
5 (4) A non-motor-powered vessel.
6 (5) A federally documented vessel.
7 (6) A vessel already covered by a registration number
8 in full force and effect which has been awarded to it pursuant
9 to a federally approved numbering system of another state or
10 by the United States Coast Guard in a state without a
11 federally approved numbering system, if the vessel has not
12 been within this state for a period in excess of 90
13 consecutive days.
14 (7) A vessel operating under a valid temporary
15 certificate of number.
16 (8) A vessel from a country other than the United
17 States temporarily using the waters of this state.
18 (9) An undocumented vessel used exclusively for
19 racing.
20 Section 26. Section 328.70, Florida Statutes, is
21 amended to read:
22 328.70 Legislative intent with respect to uniform
23 registration fee, classification of vessels.--
24 (a) It is declared to be the intent of the Legislature
25 that all vessels in the state be subject to a uniform
26 registration fee at a rate based on the length of the vessels.
27 It is also declared to be the intent of the Legislature that
28 all vessels be classified as either "commercial" or
29 "recreational noncommercial" and that all such vessels be
30 registered according to the provisions of s. 328.72.
31
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1 (b) Any vessel which is required to be registered and
2 meets the definition of a commercial vessel shall be
3 classified and registered as a "commercial vessel."
4 (c) Any vessel which is required to be registered and
5 is not used operated for commercial purposes shall be
6 classified and registered as a "recreational noncommercial
7 vessel."
8 (d) Livery vessels shall be classified as "commercial"
9 or "recreational" based on the manner in which they are used.
10 Section 27. Subsections (2) and (6) of section 328.72,
11 Florida Statutes, are amended to read:
12 328.72 Classification; registration; fees and charges;
13 surcharge; disposition of fees; fines; marine turtle
14 stickers.--
15 (2) ANTIQUE VESSEL REGISTRATION FEE.--
16 (a) A vessel that is at least 30 years old, used only
17 for recreational noncommercial purposes, and powered by the
18 vessel's original-type power plant may be registered as an
19 antique vessel. When applying for registration as an antique
20 vessel, the owner of such a vessel shall submit certification,
21 as prescribed by the Department of Highway Safety and Motor
22 Vehicles or from a marine surveyor that the vessel meets the
23 requirements of this paragraph.
24 (b) The registration number for an antique vessel
25 shall be permanently attached to each side of the forward half
26 of the vessel displayed as provided in ss. 328.48 and 328.54.
27 (c) The Department of Highway Safety and Motor
28 Vehicles may issue a decal identifying the vessel as an
29 antique vessel. The decal shall be displayed as provided in
30 ss. 328.48 327.11 and 328.54 327.14.
31
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1 (6) CHANGE OF CLASSIFICATION.--If the classification
2 of a vessel changes from recreational noncommercial to
3 commercial, or from commercial to recreational noncommercial,
4 and a current registration certificate has been issued to the
5 owner, the owner shall within 30 days forward his or her
6 certificate to the county tax collector with a fee of $2.25
7 and a new certificate shall be issued.
8 Section 28. Paragraph (c) of subsection (1) of section
9 328.76, Florida Statutes, is amended to read:
10 328.76 Marine Resources Conservation Trust Fund;
11 vessel registration funds; appropriation and distribution.--
12 (1) Except as otherwise specified and less any
13 administrative costs, all funds collected from the
14 registration of vessels through the Department of Highway
15 Safety and Motor Vehicles and the tax collectors of the state
16 shall be deposited in the Marine Resources Conservation Trust
17 Fund for recreational channel marking; public launching
18 facilities; law enforcement and quality control programs;
19 aquatic weed control; manatee protection, recovery, rescue,
20 rehabilitation, and release; and marine mammal protection and
21 recovery. The funds collected pursuant to s. 328.72(1) shall
22 be transferred as follows:
23 (c) Two dollars from each recreational noncommercial
24 vessel registration fee, except that for class A-1 vessels,
25 shall be transferred to the Invasive Plant Control Trust Fund
26 for aquatic weed research and control.
27 Section 29. Subsection (6) of section 316.193, Florida
28 Statutes, is amended to read:
29 316.193 Driving under the influence; penalties.--
30
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1 (6) With respect to any person convicted of a
2 violation of subsection (1), regardless of any penalty imposed
3 pursuant to subsection (2), subsection (3), or subsection (4):
4 (a) For the first conviction, the court shall place
5 the defendant on probation for a period not to exceed 1 year
6 and, as a condition of such probation, shall order the
7 defendant to participate in public service or a community work
8 project for a minimum of 50 hours; or the court may order
9 instead, that any defendant pay an additional fine of $10 for
10 each hour of public service or community work otherwise
11 required, if, after consideration of the residence or location
12 of the defendant at the time public service or community work
13 is required, payment of the fine is in the best interests of
14 the state. However, the total period of probation and
15 incarceration may not exceed 1 year. The court must also, as a
16 condition of probation, order the impoundment or
17 immobilization of the vehicle that was operated by or in the
18 actual control of the defendant or any one vehicle registered
19 in the defendant's name at the time of impoundment or
20 immobilization, for a period of 10 days or for the unexpired
21 term of any lease or rental agreement that expires within 10
22 days. The impoundment or immobilization must not occur
23 concurrently with the incarceration of the defendant. The
24 impoundment or immobilization order may be dismissed in
25 accordance with paragraph (e), paragraph (f), or paragraph
26 (g).
27 (b) For the second conviction for an offense that
28 occurs within a period of 5 years after the date of a prior
29 conviction for violation of this section, the court shall
30 order imprisonment for not less than 10 days. The court must
31 also, as a condition of probation, order the impoundment or
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1 immobilization of the vehicle that was operated by or in the
2 actual control of the defendant or any one vehicle registered
3 in the defendant's name at the time of impoundment or
4 immobilization, for a period of 30 days or for the unexpired
5 term of any lease or rental agreement that expires within 30
6 days. The impoundment or immobilization must not occur
7 concurrently with the incarceration of the defendant. The
8 impoundment or immobilization order may be dismissed in
9 accordance with paragraph (e), paragraph (f), or paragraph
10 (g). At least 48 hours of confinement must be consecutive.
11 (c) For the third or subsequent conviction for an
12 offense that occurs within a period of 10 years after the date
13 of a prior conviction for violation of this section, the court
14 shall order imprisonment for not less than 30 days. The court
15 must also, as a condition of probation, order the impoundment
16 or immobilization of the vehicle that was operated by or in
17 the actual control of the defendant or any one vehicle
18 registered in the defendant's name at the time of impoundment
19 or immobilization, for a period of 90 days or for the
20 unexpired term of any lease or rental agreement that expires
21 within 90 days. The impoundment or immobilization must not
22 occur concurrently with the incarceration of the defendant.
23 The impoundment or immobilization order may be dismissed in
24 accordance with paragraph (e), paragraph (f), or paragraph
25 (g). At least 48 hours of confinement must be consecutive.
26 (d) The court must at the time of sentencing the
27 defendant issue an order for the impoundment or immobilization
28 of a vehicle. Within 7 business days after the date that the
29 court issues the order of impoundment or immobilization, the
30 clerk of the court must send notice by certified mail, return
31 receipt requested, to the registered owner of each vehicle, if
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1 the registered owner is a person other than the defendant, and
2 to each person of record claiming a lien against the vehicle.
3 (e) A person who owns but was not operating the
4 vehicle when the offense occurred may submit to the court a
5 police report indicating that the vehicle was stolen at the
6 time of the offense or documentation of having purchased the
7 vehicle after the offense was committed from an entity other
8 than the defendant or the defendant's agent. If the court
9 finds that the vehicle was stolen or that the sale was not
10 made to circumvent the order and allow the defendant continued
11 access to the vehicle, the order must be dismissed and the
12 owner of the vehicle will incur no costs. If the court denies
13 the request to dismiss the order of impoundment or
14 immobilization, the petitioner may request an evidentiary
15 hearing.
16 (f) A person who owns but was not operating the
17 vehicle when the offense occurred, and whose vehicle was
18 stolen or who purchased the vehicle after the offense was
19 committed directly from the defendant or the defendant's
20 agent, may request an evidentiary hearing to determine whether
21 the impoundment or immobilization should occur. If the court
22 finds that either the vehicle was stolen or the purchase was
23 made without knowledge of the offense, that the purchaser had
24 no relationship to the defendant other than through the
25 transaction, and that such purchase would not circumvent the
26 order and allow the defendant continued access to the vehicle,
27 the order must be dismissed and the owner of the vehicle will
28 incur no costs.
29 (g) The court shall also dismiss the order of
30 impoundment or immobilization of the vehicle if the court
31
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1 finds that the family of the owner of the vehicle has no other
2 private means of transportation.
3 (h) All costs and fees for the impoundment or
4 immobilization, including the cost of notification, must be
5 paid by the owner of the vehicle or, if the vehicle is leased
6 or rented, by the person leasing or renting the vehicle,
7 unless the impoundment or immobilization order is dismissed.
8 All provisions of s. 713.78 shall apply.
9 (i) The person who owns a vehicle that is impounded or
10 immobilized under this paragraph, or a person who has a lien
11 of record against such a vehicle and who has not requested a
12 review of the impoundment pursuant to paragraph (e), paragraph
13 (f), or paragraph (g), may, within 10 days after the date that
14 person has knowledge of the location of the vehicle, file a
15 complaint in the county in which the owner resides to
16 determine whether the vehicle was wrongfully taken or withheld
17 from the owner or lienholder. Upon the filing of a complaint,
18 the owner or lienholder may have the vehicle released by
19 posting with the court a bond or other adequate security equal
20 to the amount of the costs and fees for impoundment or
21 immobilization, including towing or storage, to ensure the
22 payment of such costs and fees if the owner or lienholder does
23 not prevail. When the bond is posted and the fee is paid as
24 set forth in s. 28.24, the clerk of the court shall issue a
25 certificate releasing the vehicle. At the time of release,
26 after reasonable inspection, the owner or lienholder must give
27 a receipt to the towing or storage company indicating any loss
28 or damage to the vehicle or to the contents of the vehicle.
29 (j) A defendant, in the court's discretion, may be
30 required to serve all or any portion of a term of imprisonment
31 to which the defendant has been sentenced pursuant to this
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1 section in a residential alcoholism treatment program or a
2 residential drug abuse treatment program. Any time spent in
3 such a program must be credited by the court toward the term
4 of imprisonment.
5
6 For the purposes of this section, any conviction for a
7 violation of s. 327.35; a previous conviction for the
8 violation of former s. 316.1931, former s. 327.351, former s.
9 860.01, or former s. 316.028; or a previous conviction outside
10 this state for driving or boating under the influence, driving
11 or boating while intoxicated, driving or boating with an
12 unlawful blood-alcohol level, driving or boating with an
13 unlawful breath-alcohol level, or any other similar
14 alcohol-related or drug-related traffic or boating offense, is
15 also considered a previous conviction for violation of this
16 section. However, in satisfaction of the fine imposed pursuant
17 to this section, the court may, upon a finding that the
18 defendant is financially unable to pay either all or part of
19 the fine, order that the defendant participate for a specified
20 additional period of time in public service or a community
21 work project in lieu of payment of that portion of the fine
22 which the court determines the defendant is unable to pay. In
23 determining such additional sentence, the court shall consider
24 the amount of the unpaid portion of the fine and the
25 reasonable value of the services to be ordered; however, the
26 court may not compute the reasonable value of services at a
27 rate less than the federal minimum wage at the time of
28 sentencing.
29 Section 30. Section 316.635, Florida Statutes, is
30 amended to read:
31
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1 316.635 Courts having jurisdiction over traffic and
2 boating violations; powers relating to custody and detention
3 of minors.--
4 (1) A court which has jurisdiction over traffic and
5 boating violations shall have original jurisdiction in the
6 case of any minor who is alleged to have committed a violation
7 of law or of a county or municipal ordinance pertaining to the
8 operation of a motor vehicle or vessel; however, any traffic
9 or boating offense that is punishable by law as a felony shall
10 be under the jurisdiction of the circuit court.
11 (2) If a minor is arrested for the commission of a
12 criminal traffic or boating offense and transportation is
13 necessary, the minor shall not be placed in any police car or
14 other vehicle which at the same time contains an adult under
15 arrest, except upon special order of the circuit court.
16 However, if the minor is alleged to have participated with an
17 adult in the same offense or transaction, the minor may be
18 transported in the same vehicle with the adult.
19 (3) If a minor is taken into custody for a criminal
20 traffic or boating offense or a violation of chapter 322 and
21 the minor does not demand to be taken before a magistrate, the
22 arresting officer or booking officer shall immediately notify,
23 or cause to be notified, the minor's parents, guardian, or
24 responsible adult relative of the action taken. After making
25 every reasonable effort to give notice, the arresting officer
26 or booking officer may:
27 (a) Issue a notice to appear pursuant to chapter 901
28 and release the minor to a parent, guardian, responsible adult
29 relative, or other responsible adult;
30 (b) Issue a notice to appear pursuant to chapter 901
31 and release the minor pursuant to s. 903.06;
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1 (c) Issue a notice to appear pursuant to chapter 901
2 and deliver the minor to an appropriate substance abuse
3 treatment or rehabilitation facility or refer the minor to an
4 appropriate medical facility as provided in s. 901.29. If the
5 minor cannot be delivered to an appropriate substance abuse
6 treatment or rehabilitation facility or medical facility, the
7 arresting officer may deliver the minor to an appropriate
8 intake office of the Department of Juvenile Justice, which
9 shall take custody of the minor and make any appropriate
10 referrals; or
11 (d) If the violation constitutes a felony and the
12 minor cannot be released pursuant to s. 903.03, transport and
13 deliver the minor to an appropriate Department of Juvenile
14 Justice intake office. Upon delivery of the minor to the
15 intake office, the department shall assume custody and proceed
16 pursuant to chapter 984 or chapter 985.
17
18 If action is not taken pursuant to paragraphs (a)-(d), the
19 minor shall be delivered to the Department of Juvenile
20 Justice, and the department shall make every reasonable effort
21 to contact the parents, guardian, or responsible adult
22 relative to take custody of the minor. If there is no parent,
23 guardian, or responsible adult relative available, the
24 department may retain custody of the minor for up to 24 hours.
25 (4) A minor who willfully fails to appear before any
26 court or judicial officer as required by written notice to
27 appear is guilty of contempt of court. Upon a finding by a
28 court, after notice and a hearing, that a minor is in contempt
29 of court for willful failure to appear pursuant to a valid
30 notice to appear, the court may:
31
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1 (a) For a first offense, order the minor to serve up
2 to 5 days in a staff-secure shelter as defined in chapter 984
3 or chapter 985 or, if space in a staff-secure shelter is
4 unavailable, in a secure juvenile detention center.
5 (b) For a second or subsequent offense, the court may
6 order a minor to serve up to 15 days in a staff-secure shelter
7 or, if space in a staff-secure shelter is unavailable, in a
8 secure juvenile detention center.
9 Section 31. Subsection (1) of section 318.32, Florida
10 Statutes, is amended to read:
11 318.32 Jurisdiction; limitations.--
12 (1) Hearing officers shall be empowered to accept
13 pleas from and decide the guilt or innocence of any person,
14 adult or juvenile, charged with any civil traffic or boating
15 infraction and shall be empowered to adjudicate or withhold
16 adjudication of guilt in the same manner as a county court
17 judge under the statutes, rules, and procedures presently
18 existing or as subsequently amended, except that hearing
19 officers shall not:
20 (a) Have the power to hold a defendant in contempt of
21 court, but shall be permitted to file a motion for order of
22 contempt with the appropriate state trial court judge;
23 (b) Hear a case involving a traffic crash or boating
24 accident resulting in injury or death; or
25 (c) Hear a criminal traffic or boating offense case or
26 a case involving a civil traffic or boating infraction issued
27 in conjunction with a criminal traffic or boating offense.
28 Section 32. Section 318.38, Florida Statutes, is
29 amended to read:
30 318.38 Nonseverability.--If the provisions of s.
31 318.32 authorizing hearing officers to impose the same
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1 sanctions as county court judges for civil traffic or boating
2 infractions are found to be unconstitutional by the Florida
3 Supreme Court, then the hearing officers shall have no further
4 jurisdiction over any civil traffic or boating infractions.
5 Section 33. Paragraphs (d) and (e) of subsection (5)
6 of section 320.08, Florida Statutes, are amended to read:
7 320.08 License taxes.--Except as otherwise provided
8 herein, there are hereby levied and imposed annual license
9 taxes for the operation of motor vehicles, mopeds, motorized
10 bicycles as defined in s. 316.003(2), and mobile homes, as
11 defined in s. 320.01, which shall be paid to and collected by
12 the department or its agent upon the registration or renewal
13 of registration of the following:
14 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE
15 WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
16 (d) A wrecker, as defined in s. 320.01(40), which is
17 used to tow a vessel as defined in s. 327.02(37)(36), a
18 disabled, abandoned, stolen-recovered, or impounded motor
19 vehicle as defined in s. 320.01(38), or a replacement motor
20 vehicle as defined in s. 320.01(39): $30 flat.
21 (e) A wrecker, as defined in s. 320.01(40), which is
22 used to tow any motor vehicle, regardless of whether or not
23 such motor vehicle is a disabled motor vehicle as defined in
24 s. 320.01(38), a replacement motor vehicle as defined in s.
25 320.01(39), a vessel as defined in s. 327.02(37)(36), or any
26 other cargo, as follows:
27 1. Gross vehicle weight of 10,000 pounds or more, but
28 less than 15,000 pounds: $87 flat.
29 2. Gross vehicle weight of 15,000 pounds or more, but
30 less than 20,000 pounds: $131 flat.
31
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1 3. Gross vehicle weight of 20,000 pounds or more, but
2 less than 26,000 pounds: $186 flat.
3 4. Gross vehicle weight of 26,000 pounds or more, but
4 less than 35,000 pounds: $240 flat.
5 5. Gross vehicle weight of 35,000 pounds or more, but
6 less than 44,000 pounds: $300 flat.
7 6. Gross vehicle weight of 44,000 pounds or more, but
8 less than 55,000 pounds: $572 flat.
9 7. Gross vehicle weight of 55,000 pounds or more, but
10 less than 62,000 pounds: $678 flat.
11 8. Gross vehicle weight of 62,000 pounds or more, but
12 less than 72,000 pounds: $800 flat.
13 9. Gross vehicle weight of 72,000 pounds or more:
14 $979 flat.
15 Section 34. Section 713.78, Florida Statutes, is
16 amended to read:
17 713.78 Liens for recovering, towing, or storing
18 vehicles and documented undocumented vessels.--
19 (1) For the purposes of this section, the term:
20 (a) "Vehicle" means any mobile item, whether motorized
21 or not, which is mounted on wheels.
22 (b) "Vessel" means every description of watercraft,
23 barge, and air boat used or capable of being used as a means
24 of transportation on water, other than a seaplane or a
25 "documented has the same meaning as the term "undocumented
26 vessel" as defined in s. 327.02(8)(36).
27 (c) "Wrecker" means any truck or other vehicle which
28 is used to tow, carry, or otherwise transport motor vehicles
29 or vessels upon the streets and highways of this state and
30 which is equipped for that purpose with a boom, winch, car
31 carrier, or other similar equipment.
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1 (2) Whenever a person regularly engaged in the
2 business of transporting vehicles or vessels by wrecker, tow
3 truck, or car carrier recovers, removes, or stores a vehicle,
4 vessel, or mobile home upon instructions from:
5 (a) The owner thereof; or
6 (b) The owner or lessor, or a person authorized by the
7 owner or lessor, of property on which such vehicle is
8 wrongfully parked, and such removal is done in compliance with
9 s. 715.07; or
10 (c) Any law enforcement agency; or
11 (d) A mobile home park owner as defined in s. 723.003
12 who has a current writ of possession for a mobile home lot
13 pursuant to s. 723.061,
14
15 she or he shall have a lien on such vehicle or vessel for a
16 reasonable towing fee and for a reasonable storage fee; except
17 that no storage fee shall be charged if such vehicle is stored
18 for less than 6 hours.
19 (3) This section does not authorize any person to
20 claim a lien on a vehicle for fees or charges connected with
21 the immobilization of such vehicle using a vehicle boot or
22 other similar device pursuant to s. 715.07.
23 (4)(a) Any person regularly engaged in the business of
24 recovering, towing, or storing vehicles or vessels who comes
25 into possession of a vehicle or vessel pursuant to subsection
26 (2), and who claims a lien for recovery, towing, or storage
27 services, shall give notice to the registered owner and to all
28 persons claiming a lien thereon, as disclosed by the records
29 in the Department of Highway Safety and Motor Vehicles or of a
30 corresponding agency in any other state.
31
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1 (b) Notice by certified mail, return receipt
2 requested, shall be sent within 7 business days after the date
3 of storage of the vehicle or vessel to the registered owner
4 and to all persons of record claiming a lien against the
5 vehicle or vessel. It shall state the fact of possession of
6 the vehicle or vessel, that a lien as provided in subsection
7 (2) is claimed, that charges have accrued and the amount
8 thereof, that the lien is subject to enforcement pursuant to
9 law, and that the owner or lienholder, if any, has the right
10 to a hearing as set forth in subsection (5), and that any
11 vehicle or vessel which remains unclaimed, or for which the
12 charges for recovery, towing, or storage services remain
13 unpaid, may be sold after 35 days free of all prior liens.
14 (c) If attempts to locate the owner or lienholder
15 prove unsuccessful, the towing-storage operator shall, after 7
16 working days, excluding Saturday and Sunday, of the initial
17 tow or storage, notify the public agency of jurisdiction in
18 writing by certified mail or acknowledged hand delivery that
19 the towing-storage company has been unable to locate the owner
20 or lienholder and a physical search of the vehicle or vessel
21 has disclosed no ownership information and a good faith effort
22 has been made. For purposes of this paragraph, subsection
23 (9), and s. 715.05, "good faith effort" means that the
24 following checks have been performed by the company to
25 establish prior state of registration and for title:
26 1. Check of vehicle or vessel for any type of tag, tag
27 record, temporary tag, or regular tag.
28 2. Check of law enforcement report for tag number or
29 other information identifying the vehicle or vessel, if the
30 vehicle or vessel was towed at the request of a law
31 enforcement officer.
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1 3. Check of trip sheet or tow ticket of tow truck
2 operator to see if a tag was on vehicle at beginning of tow,
3 if private tow.
4 4. If there is no address of the owner on the impound
5 report, check of law enforcement report to see if an
6 out-of-state address is indicated from driver license
7 information.
8 5. Check of vehicle or vessel for inspection sticker
9 or other stickers and decals that may indicate a state of
10 possible registration.
11 6. Check of the interior of the vehicle or vessel for
12 any papers that may be in the glove box, trunk, or other areas
13 for a state of registration.
14 7. Check of vehicle for vehicle identification number.
15 8. Check of vessel for vessel registration number.
16 9. Check of vessel hull for a hull identification
17 number which should be carved, burned, stamped, embossed, or
18 otherwise permanently affixed to the outboard side of the
19 transom or, if there is no transom, to the outmost seaboard
20 side at the end of the hull that bears the rudder or other
21 steering mechanism.
22 (5)(a) The owner of a vehicle or vessel removed
23 pursuant to the provisions of subsection (2), or any person
24 claiming a lien, other than the towing-storage operator,
25 within 10 days after the time she or he has knowledge of the
26 location of the vehicle or vessel, may file a complaint in the
27 county court of the county in which the vehicle or vessel is
28 stored or in which the owner resides to determine if her or
29 his property was wrongfully taken or withheld from her or him.
30 (b) Upon filing of a complaint, an owner or lienholder
31 may have her or his vehicle or vessel released upon posting
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1 with the court a cash or surety bond or other adequate
2 security equal to the amount of the charges for towing or
3 storage and lot rental amount to ensure the payment of such
4 charges in the event she or he does not prevail. Upon the
5 posting of the bond and the payment of the applicable fee set
6 forth in s. 28.24, the clerk of the court shall issue a
7 certificate notifying the lienor of the posting of the bond
8 and directing the lienor to release the vehicle or vessel. At
9 the time of such release, after reasonable inspection, she or
10 he shall give a receipt to the towing-storage company reciting
11 any claims she or he has for loss or damage to the vehicle or
12 vessel or the contents thereof.
13 (c) Upon determining the respective rights of the
14 parties, the court may award damages and costs in favor of the
15 prevailing party. In any event, the final order shall provide
16 for immediate payment in full of recovery, towing, and storage
17 fees by the vehicle or vessel owner or lienholder; or the
18 agency ordering the tow; or the owner, lessee, or agent
19 thereof of the property from which the vehicle or vessel was
20 removed.
21 (6) Any vehicle or vessel which is stored pursuant to
22 subsection (2) and which remains unclaimed, or for which
23 reasonable charges for recovery, towing, or storing remain
24 unpaid or for which a lot rental amount is due and owing to
25 the mobile home park owner, as evidenced by a judgment for
26 unpaid rent, and any contents not released pursuant to
27 subsection (10), may be sold by the owner or operator of the
28 storage space for such towing or storage charge or unpaid lot
29 rental amount after 35 days from the time the vehicle or
30 vessel is stored therein. The sale shall be at public auction
31 for cash. If the date of the sale was not included in the
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1 notice required in subsection (4), notice of the sale shall be
2 given to the person in whose name the vehicle, vessel, or
3 mobile home is registered, to the mobile home park owner, and
4 to all persons claiming a lien on the vehicle or vessel as
5 shown on the records of the Department of Highway Safety and
6 Motor Vehicles or of the corresponding agency in any other
7 state. Notice shall be sent by certified mail, return receipt
8 requested, to the owner of the vehicle or vessel and the
9 person having the recorded lien on the vehicle or vessel at
10 the address shown on the records of the registering agency and
11 shall be mailed not less than 15 days before the date of the
12 sale. After diligent search and inquiry, if the name and
13 address of the registered owner or the owner of the recorded
14 lien cannot be ascertained, the requirements of notice by mail
15 may be dispensed with. In addition to the notice by mail,
16 public notice of the time and place of sale shall be made by
17 publishing a notice thereof one time, at least 10 days prior
18 to the date of the sale, in a newspaper of general circulation
19 in the county in which the sale is to be held. The proceeds
20 of the sale, after payment of reasonable towing and storage
21 charges, costs of the sale, and the unpaid lot rental amount,
22 in that order of priority, shall be deposited with the clerk
23 of the circuit court for the county if the owner is absent,
24 and the clerk shall hold such proceeds subject to the claim of
25 the person legally entitled thereto. The clerk shall be
26 entitled to receive 5 percent of such proceeds for the care
27 and disbursement thereof. The certificate of title issued
28 under this law shall be discharged of all liens unless
29 otherwise provided by court order.
30 (7)(a) A wrecker operator recovering, towing, or
31 storing vehicles or vessels is not liable for damages
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1 connected with such services, theft of such vehicles or
2 vessels, or theft of personal property contained in such
3 vehicles or vessels, provided that such services have been
4 performed with reasonable care and provided, further, that, in
5 the case of removal of a vehicle or vessel upon the request of
6 a person purporting, and reasonably appearing, to be the owner
7 or lessee, or a person authorized by the owner or lessee, of
8 the property from which such vehicle or vessel is removed,
9 such removal has been done in compliance with s. 715.07.
10 Further, a wrecker operator is not liable for damage connected
11 with such services when complying with the lawful directions
12 of a law enforcement officer to remove a vehicle stopped,
13 standing, or parked upon a street or highway in such a
14 position as to obstruct the normal movement of traffic or in
15 such a condition as to create a hazard to other traffic upon
16 the street or highway.
17 (b) For the purposes of this subsection, a wrecker
18 operator is presumed to use reasonable care to prevent the
19 theft of a vehicle or vessel or of any personal property
20 contained in such vehicle stored in the wrecker operator's
21 storage facility if all of the following apply:
22 1. The wrecker operator surrounds the storage facility
23 with a chain-link or solid-wall type fence at least 6 feet in
24 height;
25 2. The wrecker operator has illuminated the storage
26 facility with lighting of sufficient intensity to reveal
27 persons and vehicles at a distance of at least 150 feet during
28 nighttime; and
29 3. The wrecker operator uses one or more of the
30 following security methods to discourage theft of vehicles or
31
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1 vessels or of any personal property contained in such vehicles
2 or vessels stored in the wrecker operator's storage facility:
3 a. A night dispatcher or watchman remains on duty at
4 the storage facility from sunset to sunrise;
5 b. A security dog remains at the storage facility from
6 sunset to sunrise;
7 c. Security cameras or other similar surveillance
8 devices monitor the storage facility; or
9 d. A security guard service examines the storage
10 facility at least once each hour from sunset to sunrise.
11 (c) Any law enforcement agency requesting that a motor
12 vehicle be removed from an accident scene, street, or highway
13 must conduct an inventory and prepare a written record of all
14 personal property found in the vehicle before the vehicle is
15 removed by a wrecker operator. However, if the owner or driver
16 of the motor vehicle is present and accompanies the vehicle,
17 no inventory by law enforcement is required. A wrecker
18 operator is not liable for the loss of personal property
19 alleged to be contained in such a vehicle when such personal
20 property was not identified on the inventory record prepared
21 by the law enforcement agency requesting the removal of the
22 vehicle.
23 (8) A person regularly engaged in the business of
24 recovering, towing, or storing vehicles or vessels, except a
25 person licensed under chapter 493 while engaged in
26 "repossession" activities as defined in s. 493.6101, may not
27 operate a wrecker, tow truck, or car carrier unless the name,
28 address, and telephone number of the company performing the
29 service is clearly printed in contrasting colors on the driver
30 and passenger sides of its vehicle. The name must be in at
31 least 3-inch permanently affixed letters, and the address and
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1 telephone number must be in at least 1-inch permanently
2 affixed letters.
3 (9) Failure to make good faith best efforts to comply
4 with the notice requirements of this section shall preclude
5 the imposition of any storage charges against such vehicle or
6 vessel.
7 (10) Persons who provide services pursuant to this
8 section shall permit vehicle or vessel owners or their agents,
9 which agency is evidenced by a writing acknowledged by the
10 owner before a notary public or other person empowered by law
11 to administer oaths, to inspect the towed vehicle or vessel
12 and shall release to the owner or agent all personal property
13 not affixed to the vehicle or vessel which was in the vehicle
14 or vessel at the time the vehicle or vessel came into the
15 custody of the person providing such services.
16 (11)(a) Any person regularly engaged in the business
17 of recovering, towing, or storing vehicles or vessels who
18 comes into possession of a vehicle or vessel pursuant to
19 subsection (2) and who has complied with the provisions of
20 subsections (3) and (6), when such vehicle or vessel is to be
21 sold for purposes of being dismantled, destroyed, or changed
22 in such manner that it is not the motor vehicle, vessel, or
23 mobile home described in the certificate of title, shall apply
24 to the county tax collector for a certificate of destruction.
25 A certificate of destruction, which authorizes the dismantling
26 or destruction of the vehicle or vessel described therein,
27 shall be reassignable and shall accompany the vehicle or
28 vessel for which it is issued, when such vehicle or vessel is
29 sold for such purposes, in lieu of a certificate of title.
30 The application for a certificate of destruction must include
31 an affidavit from the applicant that it has complied with all
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1 applicable requirements of this section and, if the vehicle or
2 vessel is not registered in this state, by a statement from a
3 law enforcement officer that the vehicle or vessel is not
4 reported stolen, and shall be accompanied by such
5 documentation as may be required by the department.
6 (b) The Department of Highway Safety and Motor
7 Vehicles shall charge a fee of $3 for each certificate of
8 destruction. A service charge of $4.25 shall be collected and
9 retained by the tax collector who processes the application.
10 (c) The Department of Highway Safety and Motor
11 Vehicles may adopt such rules as it deems necessary or proper
12 for the administration of this subsection.
13 (12)(a) Any person who violates any provision of
14 subsection (1), subsection (2), subsection (4), subsection
15 (5), subsection (6), or subsection (7) is guilty of a
16 misdemeanor of the first degree, punishable as provided in s.
17 775.082 or s. 775.083.
18 (b) Any person who violates the provisions of
19 subsections (8) through (11) is guilty of a felony of the
20 third degree, punishable as provided in s. 775.082, s.
21 775.083, or s. 775.084.
22 (c) Any person who uses a false or fictitious name,
23 gives a false or fictitious address, or makes any false
24 statement in any application or affidavit required under the
25 provisions of this section is guilty of a felony of the third
26 degree, punishable as provided in s. 775.082, s. 775.083, or
27 s. 775.084.
28 Section 35. Paragraph (a) of subsection (2) of section
29 715.07, Florida Statutes, is amended to read:
30 715.07 Vehicles parked on private property; towing.--
31
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1 (2) The owner or lessee of real property, or any
2 person authorized by the owner or lessee, which person may be
3 the designated representative of the condominium association
4 if the real property is a condominium, may cause any vehicle
5 parked on such property without her or his permission to be
6 removed by a person regularly engaged in the business of
7 towing vehicles, without liability for the costs of removal,
8 transportation, or storage or damages caused by such removal,
9 transportation, or storage, under any of the following
10 circumstances:
11 (a) The towing or removal of any vehicle from private
12 property without the consent of the registered owner or other
13 legally authorized person in control of that vehicle is
14 subject to strict compliance with the following conditions and
15 restrictions:
16 1.a. Any towed or removed vehicle must be stored at a
17 site within 10 miles of the point of removal in any county of
18 500,000 population or more, and within 15 miles of the point
19 of removal in any county of less than 500,000 population. That
20 site must be open for the purpose of redemption of vehicles on
21 any day that the person or firm towing such vehicle is open
22 for towing purposes, from 8:00 a.m. to 6:00 p.m., and, when
23 closed, shall have prominently posted a sign indicating a
24 telephone number where the operator of the site can be reached
25 at all times. Upon receipt of a telephoned request to open
26 the site to redeem a vehicle, the operator shall return to the
27 site within 1 hour or she or he will be in violation of this
28 section.
29 b. If no towing business providing such service is
30 located within the area of towing limitations set forth in
31 sub-subparagraph a., the following limitations apply: any
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1 towed or removed vehicle must be stored at a site within 20
2 miles of the point of removal in any county of 500,000
3 population or more, and within 30 miles of the point of
4 removal in any county of less than 500,000 population.
5 2. The person or firm towing or removing the vehicle
6 shall, within 30 minutes of completion of such towing or
7 removal, notify the municipal police department or, in an
8 unincorporated area, the sheriff of such towing or removal,
9 the storage site, the time the vehicle was towed or removed,
10 and the make, model, color, and license plate number of the
11 vehicle and shall obtain the name of the person at that
12 department to whom such information was reported and note that
13 name on the trip record.
14 3. If the registered owner or other legally authorized
15 person in control of the vehicle arrives at the scene prior to
16 removal or towing of the vehicle, the vehicle shall be
17 disconnected from the towing or removal apparatus, and that
18 person shall be allowed to remove the vehicle without
19 interference upon the payment of a reasonable service fee of
20 not more than one-half of the posted rate for such towing
21 service as provided in subparagraph 6., for which a receipt
22 shall be given, unless that person refuses to remove the
23 vehicle which is otherwise unlawfully parked.
24 4. The rebate or payment of money or any other
25 valuable consideration from the individual or firm towing or
26 removing vehicles to the owners or operators of the premises
27 from which the vehicles are towed or removed, for the
28 privilege of removing or towing those vehicles, is prohibited.
29 5. Except for property appurtenant to and obviously a
30 part of a single-family residence, and except for instances
31 when notice is personally given to the owner or other legally
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1 authorized person in control of the vehicle that the area in
2 which that vehicle is parked is reserved or otherwise
3 unavailable for unauthorized vehicles and subject to being
4 removed at the owner's or operator's expense, any property
5 owner or lessee, or person authorized by the property owner or
6 lessee, prior to towing or removing any vehicle from private
7 property without the consent of the owner or other legally
8 authorized person in control of that vehicle, must post a
9 notice meeting the following requirements:
10 a. The notice must be prominently placed at each
11 driveway access or curb cut allowing vehicular access to the
12 property, within 5 feet from the public right-of-way line. If
13 there are no curbs or access barriers, the signs must be
14 posted not less than one sign for each 25 feet of lot
15 frontage.
16 b. The notice must clearly indicate, in not less than
17 2-inch high, light-reflective letters on a contrasting
18 background, that unauthorized vehicles will be towed away at
19 the owner's expense. The words "tow-away zone" must be
20 included on the sign in not less than 4-inch high letters.
21 c. The notice must also provide the name and current
22 telephone number of the person or firm towing or removing the
23 vehicles, if the property owner, lessee, or person in control
24 of the property has a written contract with the towing
25 company.
26 d. The sign structure containing the required notices
27 must be permanently installed with the words "tow-away zone"
28 not less than 3 feet and not more than 6 feet above ground
29 level and must be continuously maintained on the property for
30 not less than 24 hours prior to the towing or removal of any
31 vehicles.
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1 e. The local government may require permitting and
2 inspection of these signs prior to any towing or removal of
3 vehicles being authorized.
4 f. A business with 20 or fewer parking spaces
5 satisfies the notice requirements of this subparagraph by
6 prominently displaying a sign stating "Reserved Parking for
7 Customers Only Unauthorized Vehicles Will be Towed Away At the
8 Owner's Expense" in not less than 4-inch high,
9 light-reflective letters on a contrasting background.
10
11 A business owner or lessee may authorize the removal of a
12 vehicle by a towing company when the vehicle is parked in such
13 a manner that restricts the normal operation of business; and
14 if a vehicle parked on a public right-of-way obstructs access
15 to a private driveway the owner, lessee, or agent may have the
16 vehicle removed by a towing company upon signing an order that
17 the vehicle be removed without a posted tow-away zone sign.
18 6. Any person or firm that tows or removes vehicles
19 and proposes to require an owner, operator, or person in
20 control of a vehicle to pay the costs of towing and storage
21 prior to redemption of the vehicle must file and keep on
22 record with the local law enforcement agency a complete copy
23 of the current rates to be charged for such services and post
24 at the storage site an identical rate schedule and any written
25 contracts with property owners, lessees, or persons in control
26 of property which authorize such person or firm to remove
27 vehicles as provided in this section.
28 7. Any person or firm towing or removing any vehicles
29 from private property without the consent of the owner or
30 other legally authorized person in control of the vehicles
31 shall, on any trucks, wreckers as defined in s.
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1 713.78(1)(c)(b), or other vehicles used in the towing or
2 removal, have the name, address, and telephone number of the
3 company performing such service clearly printed in contrasting
4 colors on the driver and passenger sides of the vehicle. The
5 name shall be in at least 3-inch permanently affixed letters,
6 and the address and telephone number shall be in at least
7 1-inch permanently affixed letters.
8 8. Vehicle entry for the purpose of removing the
9 vehicle shall be allowed with reasonable care on the part of
10 the person or firm towing the vehicle. Such person or firm
11 shall be liable for any damage occasioned to the vehicle if
12 such entry is not in accordance with the standard of
13 reasonable care.
14 9. When a vehicle has been towed or removed pursuant
15 to this section, it must be released to its owner or custodian
16 within one hour after requested. Any vehicle owner,
17 custodian, or agent shall have the right to inspect the
18 vehicle before accepting its return, and no release or waiver
19 of any kind which would release the person or firm towing the
20 vehicle from liability for damages noted by the owner or other
21 legally authorized person at the time of the redemption may be
22 required from any vehicle owner, custodian, or agent as a
23 condition of release of the vehicle to its owner. A detailed,
24 signed receipt showing the legal name of the company or person
25 towing or removing the vehicle must be given to the person
26 paying towing or storage charges at the time of payment,
27 whether requested or not.
28 (b) These requirements shall be the minimum standards
29 and shall not preclude enactment of additional regulations by
30 any municipality or county including the right to regulate
31 rates when vehicles are towed from private property.
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1 Section 36. Subsection (2) of section 938.17, Florida
2 Statutes, is amended to read:
3 938.17 County delinquency prevention.--
4 (2) In counties in which the sheriff's office is a
5 partner in a juvenile assessment center pursuant to s.
6 985.209, or a partner in a suspension program developed in
7 conjunction with the district school board in the county of
8 the sheriff's jurisdiction, the court shall assess court costs
9 of $3 per case, in addition to any other authorized cost or
10 fine, on every person who, with respect to a charge,
11 indictment, prosecution commenced, or petition of delinquency
12 filed in that county or circuit, pleads guilty, nolo
13 contendere to, or is convicted of, or adjudicated delinquent
14 for, or has an adjudication withheld for, a felony or
15 misdemeanor, or a criminal traffic or boating offense, or a
16 handicapped parking violation under state law, or a violation
17 of any municipal or county ordinance, if the violation
18 constitutes a misdemeanor under state law.
19 Section 37. Subsection (3) of section 947.146, Florida
20 Statutes, is amended to read:
21 947.146 Control Release Authority.--
22 (3) Within 120 days prior to the date the state
23 correctional system is projected pursuant to s. 216.136 to
24 exceed 99 percent of total capacity, the authority shall
25 determine eligibility for and establish a control release date
26 for an appropriate number of parole ineligible inmates
27 committed to the department and incarcerated within the state
28 who have been determined by the authority to be eligible for
29 discretionary early release pursuant to this section. In
30 establishing control release dates, it is the intent of the
31 Legislature that the authority prioritize consideration of
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1 eligible inmates closest to their tentative release date. The
2 authority shall rely upon commitment data on the offender
3 information system maintained by the department to initially
4 identify inmates who are to be reviewed for control release
5 consideration. The authority may use a method of objective
6 risk assessment in determining if an eligible inmate should be
7 released. Such assessment shall be a part of the department's
8 management information system. However, the authority shall
9 have sole responsibility for determining control release
10 eligibility, establishing a control release date, and
11 effectuating the release of a sufficient number of inmates to
12 maintain the inmate population between 99 percent and 100
13 percent of total capacity. Inmates who are ineligible for
14 control release are inmates who are parole eligible or inmates
15 who:
16 (a) Are serving a sentence that includes a mandatory
17 minimum provision for a capital offense or drug trafficking
18 offense and have not served the number of days equal to the
19 mandatory minimum term less any jail-time credit awarded by
20 the court;
21 (b) Are serving the mandatory minimum portion of a
22 sentence enhanced under s. 775.087(2) or (3), or s. 784.07(3);
23 (c) Are convicted, or have been previously convicted,
24 of committing or attempting to commit sexual battery, incest,
25 or any of the following lewd or indecent assaults or acts:
26 masturbating in public; exposing the sexual organs in a
27 perverted manner; or nonconsensual handling or fondling of the
28 sexual organs of another person;
29 (d) Are convicted, or have been previously convicted,
30 of committing or attempting to commit assault, aggravated
31
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1 assault, battery, or aggravated battery, and a sex act was
2 attempted or completed during commission of such offense;
3 (e) Are convicted, or have been previously convicted,
4 of committing or attempting to commit kidnapping, burglary, or
5 murder, and the offense was committed with the intent to
6 commit sexual battery or a sex act was attempted or completed
7 during commission of the offense;
8 (f) Are convicted, or have been previously convicted,
9 of committing or attempting to commit false imprisonment upon
10 a child under the age of 13 and, in the course of committing
11 the offense, the inmate committed aggravated child abuse,
12 sexual battery against the child, or a lewd or lascivious
13 offense committed upon or in the presence of a person less
14 than 16 years of age;
15 (g) Are sentenced, have previously been sentenced, or
16 have been sentenced at any time under s. 775.084, or have been
17 sentenced at any time in another jurisdiction as a habitual
18 offender;
19 (h) Are convicted, or have been previously convicted,
20 of committing or attempting to commit assault, aggravated
21 assault, battery, aggravated battery, kidnapping,
22 manslaughter, or murder against an officer as defined in s.
23 943.10(1), (2), (3), (6), (7), (8), or (9); against a state
24 attorney or assistant state attorney; or against a justice or
25 judge of a court described in Art. V of the State
26 Constitution; or against an officer, judge, or state attorney
27 employed in a comparable position by any other jurisdiction;
28 or
29 (i) Are convicted, or have been previously convicted,
30 of committing or attempting to commit murder in the first,
31 second, or third degree under s. 782.04(1), (2), (3), or (4),
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1 or have ever been convicted of any degree of murder or
2 attempted murder in another jurisdiction;
3 (j) Are convicted, or have been previously convicted,
4 of DUI manslaughter under s. 316.193(3)(c)3. or BUI
5 manslaughter under s. 327.35(3)(c)3., and are sentenced, or
6 have been sentenced at any time, as a habitual offender for
7 such offense, or have been sentenced at any time in another
8 jurisdiction as a habitual offender for such offense;
9 (k)1. Are serving a sentence for an offense committed
10 on or after January 1, 1994, for a violation of the Law
11 Enforcement Protection Act under s. 775.0823(2), (3), (4), or
12 (5), and the subtotal of the offender's sentence points is
13 multiplied pursuant to former s. 921.0014 or s. 921.0024;
14 2. Are serving a sentence for an offense committed on
15 or after October 1, 1995, for a violation of the Law
16 Enforcement Protection Act under s. 775.0823(2), (3), (4),
17 (5), (6), (7), or (8), and the subtotal of the offender's
18 sentence points is multiplied pursuant to former s. 921.0014
19 or s. 921.0024;
20 (l) Are serving a sentence for an offense committed on
21 or after January 1, 1994, for possession of a firearm,
22 semiautomatic firearm, or machine gun in which additional
23 points are added to the subtotal of the offender's sentence
24 points pursuant to former s. 921.0014 or s. 921.0024; or
25 (m) Are convicted, or have been previously convicted,
26 of committing or attempting to commit manslaughter,
27 kidnapping, robbery, carjacking, home-invasion robbery, or a
28 burglary under s. 810.02(2).
29
30 In making control release eligibility determinations under
31 this subsection, the authority may rely on any document
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1 leading to or generated during the course of the criminal
2 proceedings, including, but not limited to, any presentence or
3 postsentence investigation or any information contained in
4 arrest reports relating to circumstances of the offense.
5 Section 38. Subsections (1) and (2) of section 985.05,
6 Florida Statutes, are amended to read:
7 985.05 Court records.--
8 (1) The clerk of the court shall make and keep records
9 of all cases brought before it pursuant to this part. The
10 court shall preserve the records pertaining to a child charged
11 with committing a delinquent act or violation of law until the
12 child reaches 24 years of age or reaches 26 years of age if he
13 or she is a serious or habitual delinquent child, until 5
14 years after the last entry was made, or until 3 years after
15 the death of the child, whichever is earlier, and may then
16 destroy them, except that records made of traffic or boating
17 offenses in which there is no allegation of delinquency may be
18 destroyed as soon as this can be reasonably accomplished. The
19 court shall make official records of all petitions and orders
20 filed in a case arising pursuant to this part and of any other
21 pleadings, certificates, proofs of publication, summonses,
22 warrants, and writs that are filed pursuant to the case.
23 (2) The clerk shall keep all official records required
24 by this section separate from other records of the circuit
25 court, except those records pertaining to motor vehicle
26 violations, which shall be forwarded to the Department of
27 Highway Safety and Motor Vehicles, and except those records
28 pertaining to boating violations, which shall be forwarded to
29 the Fish and Wildlife Conservation Commission. Except as
30 provided in ss. 943.053 and 985.04(4), official records
31 required by this part are not open to inspection by the
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1 public, but may be inspected only upon order of the court by
2 persons deemed by the court to have a proper interest therein,
3 except that a child and the parents, guardians, or legal
4 custodians of the child and their attorneys, law enforcement
5 agencies, the Department of Juvenile Justice and its
6 designees, the Parole Commission, and the Department of
7 Corrections shall always have the right to inspect and copy
8 any official record pertaining to the child. The court may
9 permit authorized representatives of recognized organizations
10 compiling statistics for proper purposes to inspect, and make
11 abstracts from, official records under whatever conditions
12 upon the use and disposition of such records the court may
13 deem proper and may punish by contempt proceedings any
14 violation of those conditions.
15 Section 39. Subsection (3) of section 985.212, Florida
16 Statutes, is amended to read:
17 985.212 Fingerprinting and photographing.--
18 (3) This section does not prohibit the fingerprinting
19 or photographing of child traffic or boating violators. All
20 records of such traffic or boating violations shall be kept in
21 the full name of the violator and shall be open to inspection
22 and publication in the same manner as adult traffic or boating
23 violations. This section does not apply to the photographing
24 of children by the Department of Juvenile Justice or the
25 Department of Children and Family Services.
26 Section 40. With the exception of existing regulations
27 governing dock structures in aquatic preserves or associated
28 with undeveloped barrier islands or condominiums, neither the
29 department nor the Board of Trustees of the Internal
30 Improvement Trust Fund shall restrict the number of vessels
31
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1 moored at private, single-family docks exempted under the
2 provisions of section 403.813, Florida Statutes.
3 Section 41. Except as otherwise provided in this act,
4 this act shall take effect October 1, 2000.
5
6 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
7 SB 2554
8
9 The CS deletes a prohibition on the rental of personal
watercraft to persons under the age of 18 unless accompanied
10 by a person over the age of 18.
11 The CS deletes a provision increasing the minimum age for
operation of a personal watercraft from 14 to 15 effective
12 July 1, 2001.
13 The CS deletes a provision raising the age requirement for
certain boating safety education from 21 to 26 years of age.
14
The CS deletes provisions relating to liability for the
15 negligent operation of a vessel.
16 The CS deletes a provision establishing sanctions for
infractions by minors.
17
The CS deletes a provision providing restrictions on the
18 transfer of funds from the Marine Resources Conservation Trust
Fund.
19
The CS provides for the addition of a scuba diving
20 representative on the Boating Advisory Council.
21 The CS provides that with certain exceptions, state agencies
may not restrict the number of vessels moored at private,
22 single-family docks.
23 The CS authorizes the Commission to adopt certain rules.
24 The CS implements numerous conforming and technical revisions.
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