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