HB 1613CS

CHAMBER ACTION



1The Committee on Natural Resources recommends the following:
2
3     Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to vessel safety; amending s. 316.217,
7F.S.; providing exception for purposes of law enforcement
8to provisions requiring the display of lighted lamps;
9amending s. 327.301, F.S.; revising requirements for
10reports to the Division of Law Enforcement of the Fish and
11Wildlife Conservation Commission of certain accidents
12involving vessels; providing that a person who offers a
13vessel for lease, rental, or charter is responsible for
14compliance; amending s. 327.35215, F.S.; revising
15disposition of moneys collected for certain civil
16penalties; creating s. 327.461, F.S.; providing
17legislative intent to authorize state and local law
18enforcement agencies to operate in federally designated
19safety zones, security zones, regulated navigation areas,
20and naval vessel protection zones; prohibiting the
21operation, or the authorization for the operation, of a
22vessel in violation of a safety zone, security zone,
23regulated navigation area, or naval vessel protection
24zone; providing penalties; prohibiting continuation of
25such operation, or authorization to operate, after a
26warning or an order to cease by law enforcement or
27military personnel; providing penalties; prohibiting
28entrance to such a zone by swimming, diving, wading, or
29similar means; providing penalties; prohibiting remaining
30in or reentering such a zone following a warning or order
31to leave by law enforcement or military personnel;
32providing penalties; providing that each incursion is a
33separate offense; providing that an entry authorized by
34the captain of the port or the captain's designee is not a
35violation; amending s. 327.731, F.S.; revising
36requirements to complete a boating safety course for
37certain violations; reenacting s. 327.73(11)(a), F.S.,
38relating to noncriminal infractions, to incorporate
39changes made by the act; amending s. 901.15, F.S.;
40authorizing a law enforcement officer to make an arrest
41without warrant under certain conditions for violation of
42specified navigation area restrictions; providing an
43effective date.
44
45Be It Enacted by the Legislature of the State of Florida:
46
47     Section 1.  Subsection (4) of section 316.217, Florida
48Statutes, is renumbered as subsection (5), and a new subsection
49(4) is added to said section to read:
50     316.217  When lighted lamps are required.--
51     (4)  Law enforcement vehicles may be operated without the
52display of lighted lamps required by this chapter under the
53following conditions:
54     (a)  Operation without the display of lighted lamps is
55necessary to the performance of a law enforcement officer's
56duties.
57     (b)  The law enforcement agency has a written policy
58authorizing and providing guidelines for vehicle operation
59without the display of lighted lamps.
60     (c)  The law enforcement vehicle is operated in compliance
61with agency policy.
62     (d)  The operation without the display of lighted lamps may
63be safely accomplished.
64
65The provisions of this subsection shall not relieve the operator
66of such a vehicle from the duty to drive with due regard for the
67safety of all persons, nor shall such provisions protect the
68vehicle operator from the consequences of his or her reckless
69disregard for the safety of others.
70     (5)(4)  A violation of this section is a noncriminal
71traffic infraction, punishable as a moving violation as provided
72in chapter 318.
73     Section 2.  Section 327.301, Florida Statutes, is amended
74to read:
75     327.301  Written reports of accidents.--
76     (1)  The operator of a vessel that is in any manner
77involved in an accident resulting in bodily injury, death, or
78disappearance of any person or damage to any vessel or other
79property in an apparent aggregate amount of at least $2,000 $500
80shall, within the time limits specified in 33 C.F.R. s. 173.55,
81forward a written report of the accident to the division.
82Whenever the operator of the vessel is physically incapable of
83making a written report, the owner of the vessel shall, within
84the time limits specified in 33 C.F.R. s. 173.55, make the
85report not made by the operator. However, when the investigating
86officer has made a written report of the accident pursuant to
87subsection (3), a written report need not be forwarded to the
88division by the operator.
89     (2)  The division may require any operator of a vessel
90involved in an accident of which written report must be made as
91provided in this section to file supplemental written reports
92whenever the original report is insufficient in the opinion of
93the division, and may require any witness to the accident to
94render a report to the division.
95     (3)  Every law enforcement officer who in the regular
96course of duty investigates a boating accident that resulted in
97bodily injury, death, or disappearance of any person or damage
98to any vessel or other property in an apparent aggregate amount
99of at least $2,000 $500 shall, within 24 hours after completing
100the investigation, forward a written report of the accident to
101the division. However, in every case in which an accident report
102is required by this section and a written report by a law
103enforcement officer is not prepared, the law enforcement officer
104shall provide each party involved in the accident a short-form
105report, prescribed by the division, to be completed by the
106party. The short-form report must include, but is not limited
107to: the date, time, and location of the accident; a description
108of the vessels involved; the names and addresses of the parties
109involved; the names and addresses of witnesses; and the name,
110badge number, and law enforcement agency of the officer
111investigating the accident. Accident reports made by law
112enforcement officers may not be used for commercial solicitation
113purposes; however, use of an accident report for purposes of
114publication in a newspaper or other news periodical or a radio
115or television broadcast shall not be construed as a "commercial
116purpose."
117     (4)  Except as specified in this subsection, each accident
118report made by a person involved in an accident and any
119statement made by such person to a law enforcement officer for
120the purpose of completing an accident report required by this
121section is without prejudice to the individual reporting. Such
122report or statement may not be used as evidence in any trial,
123civil or criminal. However, subject to the applicable rules of
124evidence, a law enforcement officer who is a witness in a
125criminal trial may testify as to any statement made to the
126officer by the person involved in the accident if that person's
127privilege against self-incrimination is not violated. The
128results of breath, urine, and blood tests administered as
129provided in s. 327.352 or s. 327.353 are not confidential and
130shall be admissible into evidence in accordance with the
131provisions of s. 327.354. Accident reports made by persons
132involved in accidents may not be used for commercial
133solicitation purposes; however, use of an accident report for
134purposes of publication in a newspaper or other news periodical
135or a radio or television broadcast shall not be construed as a
136"commercial purpose."
137     (5)  For the purposes of this section, a written report
138includes a report generated through the use of information
139technology resources as defined in s. 282.0041.
140     (6)  If the vessel is leased, rented, or chartered at the
141time of the accident, the person who offered the vessel for
142lease, rental, or charter shall be responsible for complying
143with this section and s. 327.30.
144     (7)(6)  Any person operator failing to file the written
145report required under subsection (1) or a supplemental written
146report when required by the division under subsection (2) is
147guilty of a noncriminal infraction.
148     Section 3.  Subsection (5) of section 327.35215, Florida
149Statutes, is amended to read:
150     327.35215  Penalty for failure to submit to test.--
151     (5)  Moneys collected by the clerk of the court pursuant to
152this section shall be disposed of in the following manner:
153     (a)  If the arresting officer was employed or appointed by
154a state law enforcement agency except as a wildlife enforcement
155officer or a freshwater fisheries enforcement officer of the
156Fish and Wildlife Conservation Commission, the moneys shall be
157deposited into the Marine Resources Conservation Trust Fund.
158     (b)  If the arresting officer was employed or appointed by
159a county or municipal law enforcement agency, the moneys shall
160be deposited into the law enforcement trust fund of that agency.
161     (c)  If the arresting officer was employed or appointed by
162the Fish and Wildlife Conservation Commission as a wildlife
163enforcement officer or a freshwater fisheries enforcement
164officer, the money shall be deposited into the State Game Trust
165Fund.
166     Section 4.  Section 327.461, Florida Statutes, is created
167to read:
168     327.461  Safety zones, security zones, regulated navigation
169areas, and naval vessel protection zones; prohibited entry;
170penalties.--
171     (1)(a)  A person may not operate a vessel, or authorize the
172operation of a vessel, in violation of a safety zone, security
173zone, regulated navigation area, or naval vessel protection zone
174as defined in and established pursuant to 33 C.F.R. part 165.
175     (b)  The intent of this section is to provide for state and
176local law enforcement agencies to operate in federally
177designated exclusion zones specified in paragraph (a). State and
178local law enforcement personnel may enforce these zones at the
179request of a federal authority if necessary to augment federal
180law enforcement efforts and if there is a compelling need to
181protect the residents and infrastructure of this state. Requests
182for state and local law enforcement personnel to enforce these
183zones must be made to the Department of Law Enforcement through
184the Florida Mutual Aid Plan described in s. 23.1231.
185     (2)  A person who operates a vessel, or authorizes the
186operation of a vessel, in violation of such a safety zone,
187security zone, regulated navigation area, or naval vessel
188protection zone commits a misdemeanor of the first degree,
189punishable as provided in s. 775.082 or s. 775.083.
190     (3)  A person who continues to operate, or authorize the
191operation of, a vessel in violation of such a safety zone,
192security zone, regulated navigation area, or naval vessel
193protection zone after being warned against doing so, or who
194refuses to leave or otherwise cease violating such a safety
195zone, security zone, regulated navigation area, or naval vessel
196protection zone after having been ordered to do so by a law
197enforcement officer or by competent military authority, commits
198a felony of the third degree, punishable as provided in s.
199775.082, s. 775.083, or s. 775.084.
200     (4)  A person who enters a safety zone, security zone,
201regulated navigation area, or naval vessel protection zone by
202swimming, diving, wading, or other similar means commits a
203misdemeanor of the first degree, punishable as provided in s.
204775.082 or s. 775.083.
205     (5)  A person who remains within or reenters such a safety
206zone, security zone, regulated navigation area, or naval vessel
207protection zone after being warned not to do so, or who refuses
208to leave or otherwise cease violating such a safety zone,
209security zone, regulated navigation area, or naval vessel
210protection zone after having been ordered to do so by a law
211enforcement officer or by competent military authority, commits
212a felony of the third degree, punishable as provided in s.
213775.082, s. 775.083, or s. 775.084.
214     (6)  Each incursion into such a safety zone, security zone,
215regulated navigation area, or naval vessel protection zone is
216considered a separate offense.
217     (7)  An entry into such a safety zone, security zone,
218regulated navigation area, or naval vessel protection zone that
219has been authorized by the captain of the port or the captain's
220designee is not a violation of this section.
221     Section 5.  Subsection (1) of section 327.731, Florida
222Statutes, is amended to read:
223     327.731  Mandatory education for violators.--
224     (1)  Every person convicted of a criminal violation of this
225chapter, every person convicted of a noncriminal infraction
226under this chapter if the infraction resulted in a reportable
227boating accident, and every person convicted of two noncriminal
228infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p)
229(m)-(p), and (s)-(u), said infractions occurring within a 12-
230month period, must:
231     (a)  Enroll in, attend, and successfully complete, at his
232or her own expense, a boating safety course that meets minimum
233standards established by the commission by rule; however, the
234commission may provide by rule pursuant to chapter 120 for
235waivers of the attendance requirement for violators residing in
236areas where classroom presentation of the course is not
237available;
238     (b)  File with the commission within 90 days proof of
239successful completion of the course;
240     (c)  Refrain from operating a vessel until he or she has
241filed the proof of successful completion of the course with the
242commission.
243
244Any person who has successfully completed an approved boating
245course shall be exempt from these provisions upon showing proof
246to the commission as specified in paragraph (b).
247     Section 6.  For the purpose of incorporating the amendment
248made by this act to section 327.731, Florida Statutes, in a
249reference thereto, paragraph (a) of subsection (11) of section
250327.73, Florida Statutes, is reenacted to read:
251     327.73  Noncriminal infractions.--
252     (11)(a)  Court costs that are to be in addition to the
253stated civil penalty shall be imposed by the court in an amount
254not less than the following:
255     1.  For swimming or diving infractions, $3.
256     2.  For nonmoving boating infractions, $6.
257     3.  For boating infractions listed in s. 327.731(1), $10.
258
259Court costs imposed under this subsection may not exceed $30. A
260criminal justice selection center or both local criminal justice
261access and assessment centers may be funded from these court
262costs.
263     Section 7.  Paragraph (c) is added to subsection (9) of
264section 901.15, Florida Statutes, to read:
265     901.15  When arrest by officer without warrant is
266lawful.--A law enforcement officer may arrest a person without a
267A law enforcement officer may arrest a person without a warrant
268when:
269     (9)  There is probable cause to believe that the person has
270committed:
271     (c)  A violation of a safety zone, security zone, regulated
272navigation area, or naval vessel protection zone as described in
273s. 327.461.
274     Section 8.  This act shall take effect upon becoming a law.


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