HB 1613CS

CHAMBER ACTION



2The Committee on Public Safety & Crime Prevention recommends the
3following:
4
5     Committee Substitute
6     Remove the entire bill and insert:
7
A bill to be entitled
8An act relating to vessel safety; amending s. 316.217,
9F.S.; providing exception for purposes of law enforcement
10to provisions requiring the display of lighted lamps;
11amending s. 327.301, F.S.; revising requirements for
12reports to the Division of Law Enforcement of the Fish and
13Wildlife Conservation Commission of certain accidents
14involving vessels; providing that a person who offers a
15vessel for lease, rental, or charter is responsible for
16compliance; amending s. 327.35215, F.S.; revising
17disposition of moneys collected for certain civil
18penalties; providing for use of moneys collected; creating
19s. 327.461, F.S.; providing legislative intent to
20authorize state and local law enforcement agencies to
21operate in federally designated safety zones, security
22zones, regulated navigation areas, and naval vessel
23protection zones; prohibiting the operation, or the
24authorization for the operation, of a vessel in violation
25of a safety zone, security zone, regulated navigation
26area, or naval vessel protection zone; providing
27penalties; prohibiting continuation of such operation, or
28authorization to operate, after a warning or an order to
29cease by law enforcement or military personnel; providing
30penalties; prohibiting entrance to such a zone by
31swimming, diving, wading, or similar means; providing
32penalties; prohibiting remaining in or reentering such a
33zone following a warning or order to leave by law
34enforcement or military personnel; providing penalties;
35providing that each incursion is a separate offense;
36providing that an entry authorized by the captain of the
37port or the captain's designee is not a violation;
38amending s. 327.731, F.S.; revising requirements to
39complete a boating safety course for certain violations;
40reenacting s. 327.73(11)(a), F.S., relating to noncriminal
41infractions, to incorporate changes made by the act;
42amending s. 901.15, F.S.; authorizing a law enforcement
43officer to make an arrest without warrant under certain
44conditions for violation of specified navigation area
45restrictions; 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 and
160used to directly enhance the ability of law enforcement officers
161to perform law enforcement functions on state waters.
162     (b)  If the arresting officer was employed or appointed by
163a county or municipal law enforcement agency, the moneys shall
164be deposited into the law enforcement trust fund of that agency.
165     (c)  If the arresting officer was employed or appointed by
166the Fish and Wildlife Conservation Commission as a wildlife
167enforcement officer or a freshwater fisheries enforcement
168officer, the money shall be deposited into the State Game Trust
169Fund.
170     Section 4.  Section 327.461, Florida Statutes, is created
171to read:
172     327.461  Safety zones, security zones, regulated navigation
173areas, and naval vessel protection zones; prohibited entry;
174penalties.--
175     (1)(a)  A person may not operate a vessel, or authorize the
176operation of a vessel, in violation of a safety zone, security
177zone, regulated navigation area, or naval vessel protection zone
178as defined in and established pursuant to 33 C.F.R. part 165.
179     (b)  The intent of this section is to provide for state and
180local law enforcement agencies to operate in federally
181designated exclusion zones specified in paragraph (a). State and
182local law enforcement personnel may enforce these zones at the
183request of a federal authority if necessary to augment federal
184law enforcement efforts and if there is a compelling need to
185protect the residents and infrastructure of this state. Requests
186for state and local law enforcement personnel to enforce these
187zones must be made to the Department of Law Enforcement through
188the Florida Mutual Aid Plan described in s. 23.1231.
189     (2)  A person who operates a vessel, or authorizes the
190operation of a vessel, in violation of such a safety zone,
191security zone, regulated navigation area, or naval vessel
192protection zone commits a misdemeanor of the first degree,
193punishable as provided in s. 775.082 or s. 775.083.
194     (3)  A person who continues to operate, or authorize the
195operation of, a vessel in violation of such a safety zone,
196security zone, regulated navigation area, or naval vessel
197protection zone after being warned against doing so, or who
198refuses to leave or otherwise cease violating such a safety
199zone, security zone, regulated navigation area, or naval vessel
200protection zone after having been ordered to do so by a law
201enforcement officer or by competent military authority, commits
202a felony of the third degree, punishable as provided in s.
203775.082, s. 775.083, or s. 775.084.
204     (4)  A person who enters a safety zone, security zone,
205regulated navigation area, or naval vessel protection zone by
206swimming, diving, wading, or other similar means commits a
207misdemeanor of the first degree, punishable as provided in s.
208775.082 or s. 775.083.
209     (5)  A person who remains within or reenters such a safety
210zone, security zone, regulated navigation area, or naval vessel
211protection zone after being warned not to do so, or who refuses
212to leave or otherwise cease violating such a safety zone,
213security zone, regulated navigation area, or naval vessel
214protection zone after having been ordered to do so by a law
215enforcement officer or by competent military authority, commits
216a felony of the third degree, punishable as provided in s.
217775.082, s. 775.083, or s. 775.084.
218     (6)  Each incursion into such a safety zone, security zone,
219regulated navigation area, or naval vessel protection zone is
220considered a separate offense.
221     (7)  An entry into such a safety zone, security zone,
222regulated navigation area, or naval vessel protection zone that
223has been authorized by the captain of the port or the captain's
224designee is not a violation of this section.
225     Section 5.  Subsection (1) of section 327.731, Florida
226Statutes, is amended to read:
227     327.731  Mandatory education for violators.--
228     (1)  Every person convicted of a criminal violation of this
229chapter, every person convicted of a noncriminal infraction
230under this chapter if the infraction resulted in a reportable
231boating accident, and every person convicted of two noncriminal
232infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p)
233(m)-(p), and (s)-(u), said infractions occurring within a 12-
234month period, must:
235     (a)  Enroll in, attend, and successfully complete, at his
236or her own expense, a boating safety course that meets minimum
237standards established by the commission by rule; however, the
238commission may provide by rule pursuant to chapter 120 for
239waivers of the attendance requirement for violators residing in
240areas where classroom presentation of the course is not
241available;
242     (b)  File with the commission within 90 days proof of
243successful completion of the course;
244     (c)  Refrain from operating a vessel until he or she has
245filed the proof of successful completion of the course with the
246commission.
247
248Any person who has successfully completed an approved boating
249course shall be exempt from these provisions upon showing proof
250to the commission as specified in paragraph (b).
251     Section 6.  For the purpose of incorporating the amendment
252made by this act to section 327.731, Florida Statutes, in a
253reference thereto, paragraph (a) of subsection (11) of section
254327.73, Florida Statutes, is reenacted to read:
255     327.73  Noncriminal infractions.--
256     (11)(a)  Court costs that are to be in addition to the
257stated civil penalty shall be imposed by the court in an amount
258not less than the following:
259     1.  For swimming or diving infractions, $3.
260     2.  For nonmoving boating infractions, $6.
261     3.  For boating infractions listed in s. 327.731(1), $10.
262
263Court costs imposed under this subsection may not exceed $30. A
264criminal justice selection center or both local criminal justice
265access and assessment centers may be funded from these court
266costs.
267     Section 7.  Paragraph (c) is added to subsection (9) of
268section 901.15, Florida Statutes, to read:
269     901.15  When arrest by officer without warrant is
270lawful.--A law enforcement officer may arrest a person without a
271A law enforcement officer may arrest a person without a warrant
272when:
273     (9)  There is probable cause to believe that the person has
274committed:
275     (c)  A violation of a safety zone, security zone, regulated
276navigation area, or naval vessel protection zone as described in
277s. 327.461.
278     Section 8.  This act shall take effect upon becoming a law.


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