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



                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 354

    Amendment No. ___   Barcode 713370

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

  5

  6

  7

  8

  9

10  ______________________________________________________________

11  Senator Brown-Waite moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 43, between lines 18 and 19,

15

16  insert:

17         Section 33.  Section 860.20, Florida Statutes, is

18  amended to read:

19         860.20  Outboard motors; identification numbers.--

20         (1)(a)  The Department of Highway Safety and Motor

21  Vehicles Environmental Protection shall adopt rules specifying

22  the locations and manner in which serial numbers for outboard

23  motors shall be affixed. In adopting such rules, the

24  department shall consider the adequacy of voluntary industry

25  standards, the current state of technology, and the overall

26  purpose of reducing vessel and motor thefts in the state.

27         (b)  Any outboard motor manufactured after October 1,

28  1985, which is for sale in the state shall comply with the

29  serial number rules promulgated by the department.  Any

30  person, firm, or corporation which sells or offers for sale

31  any outboard boat motor manufactured after October 1, 1985,

                                  1
    2:51 PM   02/26/02                               s0354.nr10.Fb




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 354

    Amendment No. ___   Barcode 713370





  1  which does not comply with this section is guilty of a

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

  3  775.082 or s. 775.083.

  4         (2)(a)  It is unlawful for any person to possess any

  5  outboard boat motor with the knowledge that the serial number

  6  required by subsection (1) has been removed, erased, defaced,

  7  or otherwise altered to prevent identification.

  8         (b)  It is unlawful for any person to knowingly

  9  possess, manufacture, sell or exchange, offer to sell or

10  exchange, supply in blank, or give away any counterfeit

11  manufacturer's outboard motor serial number plate or decal

12  used for the purpose of identification of any outboard motor;

13  to authorize, direct, aid in exchange, or give away such

14  counterfeit manufacturer's outboard motor serial number plate

15  or decal; or to conspire to do any of the foregoing.

16         (c)  Any person who violates any provision of this

17  subsection is guilty of a felony of the third degree,

18  punishable as provided in s. 775.082, s. 775.083, or s.

19  775.084.

20         (3)  If any of the serial numbers required by this

21  section to identify ownership of an outboard motor do not

22  exist or have been removed, erased, defaced, or otherwise

23  altered to prevent identification and its true identity cannot

24  be determined, the outboard motor may be seized as contraband

25  property by a law enforcement agency and shall be subject to

26  forfeiture pursuant to ss. 932.701-932.704. Such outboard

27  motor may not be sold or used to propel a vessel on the waters

28  of the state unless the department Division of Law Enforcement

29  of the Department of Environmental Protection is directed by

30  written order of a court of competent jurisdiction to issue to

31  the outboard motor a replacement identifying number which

                                  2
    2:51 PM   02/26/02                               s0354.nr10.Fb




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB 354

    Amendment No. ___   Barcode 713370





  1  shall be affixed to the outboard motor and shall thereafter be

  2  used for identification purposes.

  3

  4  (Redesignate subsequent sections.)

  5

  6

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

  8  And the title is amended as follows:

  9         On page 3, line 28, after the semicolon

10

11  insert:

12         amending s. 860.20, F.S.; transferring the

13         responsibility for issuing replacement outboard

14         motor serial numbers from the Department of

15         Environmental Protection to the Department of

16         Highway Safety and Motor Vehicles;

17

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3
    2:51 PM   02/26/02                               s0354.nr10.Fb