HB 1645 2003
   
1 A bill to be entitled
2          An act relating to vessel safety; amending s. 327.73,
3    F.S.; providing civil penalties for violations of
4    described regulations; providing for liability for payment
5    of citations for certain infractions; providing an
6    effective date.
7         
8          Be It Enacted by the Legislature of the State of Florida:
9         
10          Section 1. Paragraph (v) is added to subsection (1) of
11    section 327.73, Florida Statutes, and paragraphs (d) and (e) are
12    added to subsection (9) of said section, to read:
13          327.73 Noncriminal infractions.--
14          (v) Violations relating to a vessel within 500 feet of a
15    pier established by local government authorities pursuant to s.
16    327.22 or s. 327.60, for which the civil penalty is $250.
17         
18          Any person cited for a violation of any such provision shall be
19    deemed to be charged with a noncriminal infraction, shall be
20    cited for such an infraction, and shall be cited to appear
21    before the county court. The civil penalty for any such
22    infraction is $50, except as otherwise provided in this section.
23    Any person who fails to appear or otherwise properly respond to
24    a uniform boating citation shall, in addition to the charge
25    relating to the violation of the boating laws of this state, be
26    charged with the offense of failing to respond to such citation
27    and, upon conviction, be guilty of a misdemeanor of the second
28    degree, punishable as provided in s. 775.082 or s. 775.083. A
29    written warning to this effect shall be provided at the time
30    such uniform boating citation is issued.
31          (9)
32          (d) The owner of a vessel is responsible and liable for
33    payment of any citation unless the owner can furnish evidence
34    that the vessel was, at the time of the violation, in the care,
35    custody, or control of another person. In such instance, the
36    owner of the vessel is required, within a reasonable time after
37    notification of the violation, to furnish to the appropriate law
38    enforcement authorities an affidavit stating the name, address,
39    and driver's license number of the person who leased, rented, or
40    otherwise had the care, custody, or control of the vessel. The
41    affidavit submitted under this paragraph is admissible in a
42    proceeding charging a violation and raises the rebuttable
43    presumption that the person identified in the affidavit is
44    responsible for payment of the citation. The owner of a vessel
45    is not responsible for a violation if the vessel involved was,
46    at the time, stolen or in the care, custody, or control of a
47    person who did not have permission of the owner to use the
48    vessel.
49          (e) Any county or municipality may provide by ordinance
50    that the clerk of the court or the traffic violations bureau
51    shall supply the department with a magnetically encoded computer
52    tape reel or cartridge or send by other electronic means data
53    which is machine readable by the installed computer system at
54    the department, listing persons who have outstanding violations.
55    The department shall mark the appropriate registration records
56    of persons who are so reported. Section 320.03(8) applies to
57    each person whose name appears on the list.
58          Section 2. This act shall take effect October 1, 2003.