HB 1613

1
A bill to be entitled
2An act relating to vessel safety; amending s. 316.217,
3F.S.; providing exception for purposes of law enforcement
4to provisions requiring the display of lighted lamps;
5amending s. 327.301, F.S.; revising requirements for
6reports to the Division of Law Enforcement of the Fish and
7Wildlife Conservation Commission of certain accidents
8involving vessels; providing that a person who offers a
9vessel for lease, rental, or charter is responsible for
10compliance; amending s. 327.35215, F.S.; revising
11disposition of moneys collected for certain civil
12penalties; amending s. 327.39, F.S.; revising provisions
13prohibiting operation of personal watercraft during
14certain hours; amending s. 327.395, F.S.; revising
15requirements to possess photographic identification and a
16boater safety identification card; requiring all persons
17born after a certain date to possess such identification
18when operating described vessels; amending s. 327.731,
19F.S.; revising requirements to complete a boating safety
20course for certain violations; reenacting s. 327.73(1)(p)
21and (s) and (11)(a), F.S., relating to noncriminal
22infractions, to incorporate changes made by the act;
23creating s. 327.461, F.S.; providing legislative intent to
24authorize state and local law enforcement agencies to
25operate in federally designated safety zones, security
26zones, regulated navigation areas, and naval vessel
27protection zones; prohibiting the operation, or the
28authorization for the operation, of a vessel in violation
29of a safety zone, security zone, regulated navigation
30area, or naval vessel protection zone; providing
31penalties; prohibiting continuation of such operation, or
32authorization to operate, after a warning or an order to
33cease by law enforcement or military personnel; providing
34penalties; prohibiting entrance to such a zone by
35swimming, diving, wading, or similar means; providing
36penalties; prohibiting remaining in or reentering such a
37zone following a warning or order to leave by law
38enforcement or military personnel; providing penalties;
39providing that each incursion is a separate offense;
40providing that an entry authorized by the captain of the
41port or the captain's designee is not a violation;
42amending s. 901.15, F.S.; providing that a law enforcement
43officer may arrest a person without a warrant if there is
44probable cause to believe that the person has violated s.
45327.461, F.S.; providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49          Section 1.  Subsection (4) of section 316.217, Florida
50Statutes, is renumbered as subsection (5), and a new subsection
51(4) is added to said section to read:
52     316.217  When lighted lamps are required.--
53     (4)  Law enforcement vehicles may be operated without the
54display of lighted lamps required by this chapter under the
55following conditions:
56     (a)  Operation without the display of lighted lamps is
57necessary to the performance of a law enforcement officer's
58duties.
59     (b)  The law enforcement agency has a written policy
60authorizing and providing guidelines for vehicle operation
61without the display of lighted lamps.
62     (c)  The law enforcement vehicle is operated in compliance
63with agency policy.
64     (d)  The operation without the display of lighted lamps may
65be safely accomplished.
66
67The provisions of this subsection shall not relieve the operator
68of such a vehicle from the duty to drive with due regard for the
69safety of all persons, nor shall such provisions protect the
70vehicle operator from the consequences of his or her reckless
71disregard for the safety of others.
72     (5)(4)  A violation of this section is a noncriminal
73traffic infraction, punishable as a moving violation as provided
74in chapter 318.
75     Section 2.  Section 327.301, Florida Statutes, is amended
76to read:
77     327.301  Written reports of accidents.--
78     (1)  The operator of a vessel that is in any manner
79involved in an accident resulting in bodily injury, death, or
80disappearance of any person or damage to any vessel or other
81property in an apparent aggregate amount of at least $2,000 $500
82shall, within the time limits specified in 33 C.F.R. s. 173.55,
83forward a written report of the accident to the division.
84Whenever the operator of the vessel is physically incapable of
85making a written report, the owner of the vessel shall, within
86the time limits specified in 33 C.F.R. s. 173.55, make the
87report not made by the operator. However, when the investigating
88officer has made a written report of the accident pursuant to
89subsection (3), a written report need not be forwarded to the
90division by the operator.
91     (2)  The division may require any operator of a vessel
92involved in an accident of which written report must be made as
93provided in this section to file supplemental written reports
94whenever the original report is insufficient in the opinion of
95the division, and may require any witness to the accident to
96render a report to the division.
97     (3)  Every law enforcement officer who in the regular
98course of duty investigates a boating accident that resulted in
99bodily injury, death, or disappearance of any person or damage
100to any vessel or other property in an apparent aggregate amount
101of at least $2,000 $500 shall, within 24 hours after completing
102the investigation, forward a written report of the accident to
103the division. However, in every case in which an accident report
104is required by this section and a written report by a law
105enforcement officer is not prepared, the law enforcement officer
106shall provide each party involved in the accident a short-form
107report, prescribed by the division, to be completed by the
108party. The short-form report must include, but is not limited
109to: the date, time, and location of the accident; a description
110of the vessels involved; the names and addresses of the parties
111involved; the names and addresses of witnesses; and the name,
112badge number, and law enforcement agency of the officer
113investigating the accident. Accident reports made by law
114enforcement officers may not be used for commercial solicitation
115purposes; however, use of an accident report for purposes of
116publication in a newspaper or other news periodical or a radio
117or television broadcast shall not be construed as a "commercial
118purpose."
119     (4)  Except as specified in this subsection, each accident
120report made by a person involved in an accident and any
121statement made by such person to a law enforcement officer for
122the purpose of completing an accident report required by this
123section is without prejudice to the individual reporting. Such
124report or statement may not be used as evidence in any trial,
125civil or criminal. However, subject to the applicable rules of
126evidence, a law enforcement officer who is a witness in a
127criminal trial may testify as to any statement made to the
128officer by the person involved in the accident if that person's
129privilege against self-incrimination is not violated. The
130results of breath, urine, and blood tests administered as
131provided in s. 327.352 or s. 327.353 are not confidential and
132shall be admissible into evidence in accordance with the
133provisions of s. 327.354. Accident reports made by persons
134involved in accidents may not be used for commercial
135solicitation purposes; however, use of an accident report for
136purposes of publication in a newspaper or other news periodical
137or a radio or television broadcast shall not be construed as a
138"commercial purpose."
139     (5)  For the purposes of this section, a written report
140includes a report generated through the use of information
141technology resources as defined in s. 282.0041.
142     (6)  If the vessel is leased, rented, or chartered at the
143time of the accident, the person who offered the vessel for
144lease, rental, or charter shall be responsible for complying
145with this section and s. 327.30.
146     (7)(6)  Any person operator failing to file the written
147report required under subsection (1) or a supplemental written
148report when required by the division under subsection (2) is
149guilty of a noncriminal infraction.
150     Section 3.  Subsection (5) of section 327.35215, Florida
151Statutes, is amended to read:
152     327.35215  Penalty for failure to submit to test.--
153     (5)  Moneys collected by the clerk of the court pursuant to
154this section shall be disposed of in the following manner:
155     (a)  If the arresting officer was employed or appointed by
156a state law enforcement agency except as a wildlife enforcement
157officer or a freshwater fisheries enforcement officer of the
158Fish and Wildlife Conservation Commission, the moneys shall be
159deposited into the Marine Resources Conservation Trust Fund.
160     (b)  If the arresting officer was employed or appointed by
161a county or municipal law enforcement agency, the moneys shall
162be deposited into the law enforcement trust fund of that agency.
163     (c)  If the arresting officer was employed or appointed by
164the Fish and Wildlife Conservation Commission as a wildlife
165enforcement officer or a freshwater fisheries enforcement
166officer, the money shall be deposited into the State Game Trust
167Fund.
168     Section 4.  Subsection (3) of section 327.39, Florida
169Statutes, is amended to read:
170     327.39  Personal watercraft regulated.--
171     (3)  A person may not operate a personal watercraft at any
172time between the hours from one-half hour after sunset to one-
173half hour before sunrise. However, an agent or employee of a
174fire or emergency rescue service is exempt from this subsection
175while performing his or her official duties.
176     Section 5.  Subsection (1) of section 327.395, Florida
177Statutes, is amended, and subsection (7) of said section is
178reenacted, to read:
179     327.395  Boating safety identification cards.--
180     (1)  Until October 1, 2001, A person born after September
18130, 1980, and on or after October 1, 2001, a person 21 years of
182age or younger may not operate a vessel powered by a motor of 10
183horsepower or greater unless such person has in his or her
184possession aboard the vessel photographic identification and a
185boater safety identification card issued by the commission which
186shows that he or she has:
187     (a)  Completed a commission-approved boater education
188course that meets the minimum 8-hour instruction requirement
189established by the National Association of State Boating Law
190Administrators;
191     (b)  Passed a course equivalency examination approved by
192the commission; or
193     (c)  Passed a temporary certificate examination developed
194or approved by the commission.
195     (7)  A person who violates this section is guilty of a
196noncriminal infraction, punishable as provided in s. 327.73.
197     Section 6.  Subsection (1) of section 327.731, Florida
198Statutes, is amended to read:
199     327.731  Mandatory education for violators.--
200     (1)  Every person convicted of a criminal violation of this
201chapter, every person convicted of a noncriminal infraction
202under this chapter if the infraction resulted in a reportable
203boating accident, and every person convicted of two noncriminal
204infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p)
205(m)-(p), and (s)-(u), said infractions occurring within a 12-
206month period, must:
207     (a)  Enroll in, attend, and successfully complete, at his
208or her own expense, a boating safety course that meets minimum
209standards established by the commission by rule; however, the
210commission may provide by rule pursuant to chapter 120 for
211waivers of the attendance requirement for violators residing in
212areas where classroom presentation of the course is not
213available;
214     (b)  File with the commission within 90 days proof of
215successful completion of the course;
216     (c)  Refrain from operating a vessel until he or she has
217filed the proof of successful completion of the course with the
218commission.
219
220Any person who has successfully completed an approved boating
221course shall be exempt from these provisions upon showing proof
222to the commission as specified in paragraph (b).
223     Section 7.  For the purpose of incorporating the amendments
224made by this act to sections 327.39, 327.395, and 327.731,
225Florida Statutes, in references thereto, paragraphs (p) and (s)
226of subsection (1) and paragraph (a) of subsection (11) of
227section 327.73, Florida Statutes, are reenacted to read:
228     327.73  Noncriminal infractions.--
229     (1)  Violations of the following provisions of the vessel
230laws of this state are noncriminal infractions:
231     (p)  Section 327.39(1), (2), (3), and (5), relating to
232personal watercraft.
233     (s)  Section 327.395, relating to boater safety education.
234
235Any person cited for a violation of any such provision shall be
236deemed to be charged with a noncriminal infraction, shall be
237cited for such an infraction, and shall be cited to appear
238before the county court. The civil penalty for any such
239infraction is $50, except as otherwise provided in this section.
240Any person who fails to appear or otherwise properly respond to
241a uniform boating citation shall, in addition to the charge
242relating to the violation of the boating laws of this state, be
243charged with the offense of failing to respond to such citation
244and, upon conviction, be guilty of a misdemeanor of the second
245degree, punishable as provided in s. 775.082 or s. 775.083. A
246written warning to this effect shall be provided at the time
247such uniform boating citation is issued.
248     (11)(a)  Court costs that are to be in addition to the
249stated civil penalty shall be imposed by the court in an amount
250not less than the following:
251     1.  For swimming or diving infractions, $3.
252     2.  For nonmoving boating infractions, $6.
253     3.  For boating infractions listed in s. 327.731(1), $10.
254
255Court costs imposed under this subsection may not exceed $30. A
256criminal justice selection center or both local criminal justice
257access and assessment centers may be funded from these court
258costs.
259     Section 8.  Section 327.461, Florida Statutes, is created
260to read:
261     327.461  Safety zones, security zones, regulated navigation
262areas, and naval vessel protection zones; prohibited entry;
263penalties.--
264     (1)(a)  A person may not operate a vessel, or authorize the
265operation of a vessel, in violation of a safety zone, security
266zone, regulated navigation area, or naval vessel protection zone
267as defined in and established pursuant to 33 C.F.R. part 165.
268     (b)  The intent of this section is to provide for state and
269local law enforcement agencies to operate in federally
270designated exclusion zones specified in paragraph (a). State and
271local law enforcement personnel may enforce these zones at the
272request of a federal authority if necessary to augment federal
273law enforcement efforts and if there is a compelling need to
274protect the residents and infrastructure of this state. Requests
275for state and local law enforcement personnel to enforce these
276zones must be made to the Department of Law Enforcement through
277the Florida Mutual Aid Plan described in s. 23.1231.
278     (2)  A person who operates a vessel, or authorizes the
279operation of a vessel, in violation of such a safety zone,
280security zone, regulated navigation area, or naval vessel
281protection zone commits a misdemeanor of the first degree,
282punishable as provided in s. 775.082 or s. 775.083.
283     (3)  A person who continues to operate, or authorize the
284operation of, a vessel in violation of such a safety zone,
285security zone, regulated navigation area, or naval vessel
286protection zone after being warned against doing so, or who
287refuses to leave or otherwise cease violating such a safety
288zone, security zone, regulated navigation area, or naval vessel
289protection zone after having been ordered to do so by a law
290enforcement officer or by competent military authority, commits
291a felony of the third degree, punishable as provided in s.
292775.082, s. 775.083, or s. 775.084.
293     (4)  A person who enters a safety zone, security zone,
294regulated navigation area, or naval vessel protection zone by
295swimming, diving, wading, or other similar means commits a
296misdemeanor of the first degree, punishable as provided in s.
297775.082 or s. 775.083.
298     (5)  A person who remains within or reenters such a safety
299zone, security zone, regulated navigation area, or naval vessel
300protection zone after being warned not to do so, or who refuses
301to leave or otherwise cease violating such a safety zone,
302security zone, regulated navigation area, or naval vessel
303protection zone after having been ordered to do so by a law
304enforcement officer or by competent military authority, commits
305a felony of the third degree, punishable as provided in s.
306775.082, s. 775.083, or s. 775.084.
307     (6)  Each incursion into such a safety zone, security zone,
308regulated navigation area, or naval vessel protection zone is
309considered a separate offense.
310     (7)  An entry into such a safety zone, security zone,
311regulated navigation area, or naval vessel protection zone that
312has been authorized by the captain of the port or the captain's
313designee is not a violation of this section.
314     Section 9.  Paragraph (c) is added to subsection (9) of
315section 901.15, Florida Statutes, to read:
316     901.15  When arrest by officer without warrant is
317lawful.--A law enforcement officer may arrest a person without a
318warrant when:
319     (9)  There is probable cause to believe that the person has
320committed:
321     (c)  A violation of a safety zone, security zone, regulated
322navigation area, or naval vessel protection zone as described in
323s. 327.461.
324     Section 10.  This act shall take effect upon becoming a
325law.


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