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; providing for use of moneys collected; creating
13s. 327.461, F.S.; providing legislative intent to
14authorize state and local law enforcement agencies to
15operate in federally designated safety zones, security
16zones, regulated navigation areas, and naval vessel
17protection zones; prohibiting the operation, or the
18authorization for the operation, of a vessel in violation
19of a safety zone, security zone, regulated navigation
20area, or naval vessel protection zone; providing
21penalties; prohibiting continuation of such operation, or
22authorization to operate, after a warning or an order to
23cease by law enforcement or military personnel; providing
24penalties; prohibiting entrance to such a zone by
25swimming, diving, wading, or similar means; providing
26penalties; prohibiting remaining in or reentering such a
27zone following a warning or order to leave by law
28enforcement or military personnel; providing penalties;
29providing that each incursion is a separate offense;
30providing that an entry authorized by the captain of the
31port or the captain's designee is not a violation;
32amending s. 327.731, F.S.; revising requirements to
33complete a boating safety course for certain violations;
34reenacting s. 327.73(11)(a), F.S., relating to noncriminal
35infractions, to incorporate changes made by the act;
36amending s. 901.15, F.S.; authorizing a law enforcement
37officer to make an arrest without warrant under certain
38conditions for violation of specified navigation area
39restrictions; providing an effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Subsection (4) of section 316.217, Florida
44Statutes, is renumbered as subsection (5), and a new subsection
45(4) is added to said section to read:
46     316.217  When lighted lamps are required.--
47     (4)  Law enforcement vehicles may be operated without the
48display of lighted lamps required by this chapter under the
49following conditions:
50     (a)  Operation without the display of lighted lamps is
51necessary to the performance of a law enforcement officer's
52duties.
53     (b)  The law enforcement agency has a written policy
54authorizing and providing guidelines for vehicle operation
55without the display of lighted lamps.
56     (c)  The law enforcement vehicle is operated in compliance
57with agency policy.
58     (d)  The operation without the display of lighted lamps may
59be safely accomplished.
60
61The provisions of this subsection shall not relieve the operator
62of such a vehicle from the duty to drive with due regard for the
63safety of all persons, nor shall such provisions protect the
64vehicle operator from the consequences of his or her reckless
65disregard for the safety of others.
66     (5)(4)  A violation of this section is a noncriminal
67traffic infraction, punishable as a moving violation as provided
68in chapter 318.
69     Section 2.  Section 327.301, Florida Statutes, is amended
70to read:
71     327.301  Written reports of accidents.--
72     (1)  The operator of a vessel that is in any manner
73involved in an accident resulting in bodily injury, death, or
74disappearance of any person or damage to any vessel or other
75property in an apparent aggregate amount of at least $2,000 $500
76shall, within the time limits specified in 33 C.F.R. s. 173.55,
77forward a written report of the accident to the division.
78Whenever the operator of the vessel is physically incapable of
79making a written report, the owner of the vessel shall, within
80the time limits specified in 33 C.F.R. s. 173.55, make the
81report not made by the operator. However, when the investigating
82officer has made a written report of the accident pursuant to
83subsection (3), a written report need not be forwarded to the
84division by the operator.
85     (2)  The division may require any operator of a vessel
86involved in an accident of which written report must be made as
87provided in this section to file supplemental written reports
88whenever the original report is insufficient in the opinion of
89the division, and may require any witness to the accident to
90render a report to the division.
91     (3)  Every law enforcement officer who in the regular
92course of duty investigates a boating accident that resulted in
93bodily injury, death, or disappearance of any person or damage
94to any vessel or other property in an apparent aggregate amount
95of at least $2,000 $500 shall, within 24 hours after completing
96the investigation, forward a written report of the accident to
97the division. However, in every case in which an accident report
98is required by this section and a written report by a law
99enforcement officer is not prepared, the law enforcement officer
100shall provide each party involved in the accident a short-form
101report, prescribed by the division, to be completed by the
102party. The short-form report must include, but is not limited
103to: the date, time, and location of the accident; a description
104of the vessels involved; the names and addresses of the parties
105involved; the names and addresses of witnesses; and the name,
106badge number, and law enforcement agency of the officer
107investigating the accident. Accident reports made by law
108enforcement officers may not be used for commercial solicitation
109purposes; however, use of an accident report for purposes of
110publication in a newspaper or other news periodical or a radio
111or television broadcast shall not be construed as a "commercial
112purpose."
113     (4)  Except as specified in this subsection, each accident
114report made by a person involved in an accident and any
115statement made by such person to a law enforcement officer for
116the purpose of completing an accident report required by this
117section is without prejudice to the individual reporting. Such
118report or statement may not be used as evidence in any trial,
119civil or criminal. However, subject to the applicable rules of
120evidence, a law enforcement officer who is a witness in a
121criminal trial may testify as to any statement made to the
122officer by the person involved in the accident if that person's
123privilege against self-incrimination is not violated. The
124results of breath, urine, and blood tests administered as
125provided in s. 327.352 or s. 327.353 are not confidential and
126shall be admissible into evidence in accordance with the
127provisions of s. 327.354. Accident reports made by persons
128involved in accidents may not be used for commercial
129solicitation purposes; however, use of an accident report for
130purposes of publication in a newspaper or other news periodical
131or a radio or television broadcast shall not be construed as a
132"commercial purpose."
133     (5)  For the purposes of this section, a written report
134includes a report generated through the use of information
135technology resources as defined in s. 282.0041.
136     (6)  If the vessel is leased, rented, or chartered at the
137time of the accident, the person who offered the vessel for
138lease, rental, or charter shall be responsible for complying
139with this section and s. 327.30.
140     (7)(6)  Any person operator failing to file the written
141report required under subsection (1) or a supplemental written
142report when required by the division under subsection (2) is
143guilty of a noncriminal infraction.
144     Section 3.  Subsection (5) of section 327.35215, Florida
145Statutes, is amended to read:
146     327.35215  Penalty for failure to submit to test.--
147     (5)  Moneys collected by the clerk of the court pursuant to
148this section shall be disposed of in the following manner:
149     (a)  If the arresting officer was employed or appointed by
150a state law enforcement agency except as a wildlife enforcement
151officer or a freshwater fisheries enforcement officer of the
152Fish and Wildlife Conservation Commission, the moneys shall be
153deposited into the Marine Resources Conservation Trust Fund and
154used to directly enhance the ability of law enforcement officers
155to perform law enforcement functions on state waters.
156     (b)  If the arresting officer was employed or appointed by
157a county or municipal law enforcement agency, the moneys shall
158be deposited into the law enforcement trust fund of that agency.
159     (c)  If the arresting officer was employed or appointed by
160the Fish and Wildlife Conservation Commission as a wildlife
161enforcement officer or a freshwater fisheries enforcement
162officer, the money shall be deposited into the State Game Trust
163Fund.
164     Section 4.  Section 327.461, Florida Statutes, is created
165to read:
166     327.461  Safety zones, security zones, regulated navigation
167areas, and naval vessel protection zones; prohibited entry;
168penalties.--
169     (1)(a)  A person may not knowingly operate a vessel, or
170authorize the operation of a vessel, in violation of the
171restrictions of a safety zone, security zone, regulated
172navigation area, or naval vessel protection zone as defined in
173and established pursuant to 33 C.F.R. part 165.
174     (b)  The intent of this section is to provide for state and
175local law enforcement agencies to operate in federally
176designated exclusion zones specified in paragraph (a). State and
177local law enforcement personnel may enforce these zones at the
178request of a federal authority if necessary to augment federal
179law enforcement efforts and if there is a compelling need to
180protect the residents and infrastructure of this state. Requests
181for state and local law enforcement personnel to enforce these
182zones must be made to the Department of Law Enforcement through
183the Florida Mutual Aid Plan described in s. 23.1231.
184     (2)  A person who knowingly operates a vessel, or
185authorizes the operation of a vessel, in violation of the
186restrictions of such a safety zone, security zone, regulated
187navigation area, or naval vessel protection zone commits a
188misdemeanor of the first degree, punishable as provided in s.
189775.082 or s. 775.083.
190     (3)  A person who continues to operate, or authorize the
191operation of, a vessel in violation of the restrictions of such
192a safety zone, security zone, regulated navigation area, or
193naval vessel protection zone after being warned against doing
194so, or who refuses to leave or otherwise cease violating the
195restrictions of such a safety zone, security zone, regulated
196navigation area, or naval vessel protection zone after having
197been ordered to do so by a law enforcement officer or by
198competent military authority, commits a felony of the third
199degree, punishable as provided in s. 775.082, s. 775.083, or s.
200775.084.
201     (4)  A person who knowingly enters a safety zone, security
202zone, regulated navigation area, or naval vessel protection zone
203by swimming, diving, wading, or other similar means commits a
204misdemeanor of the first degree, punishable as provided in s.
205775.082 or s. 775.083.
206     (5)  A person who remains within or reenters such a safety
207zone, security zone, regulated navigation area, or naval vessel
208protection zone after being warned not to do so, or who refuses
209to leave or otherwise cease violating such a safety zone,
210security zone, regulated navigation area, or naval vessel
211protection zone after having been ordered to do so by a law
212enforcement officer or by competent military authority, commits
213a felony of the third degree, punishable as provided in s.
214775.082, s. 775.083, or s. 775.084.
215     (6)  Each incursion into such a safety zone, security zone,
216regulated navigation area, or naval vessel protection zone is
217considered a separate offense.
218     (7)  An entry into such a safety zone, security zone,
219regulated navigation area, or naval vessel protection zone that
220has been authorized by the captain of the port or the captain's
221designee is not a violation of this section.
222     Section 5.  Subsection (1) of section 327.731, Florida
223Statutes, is amended to read:
224     327.731  Mandatory education for violators.--
225     (1)  Every person convicted of a criminal violation of this
226chapter, every person convicted of a noncriminal infraction
227under this chapter if the infraction resulted in a reportable
228boating accident, and every person convicted of two noncriminal
229infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p)
230(m)-(p), and (s)-(u), said infractions occurring within a 12-
231month period, must:
232     (a)  Enroll in, attend, and successfully complete, at his
233or her own expense, a boating safety course that meets minimum
234standards established by the commission by rule; however, the
235commission may provide by rule pursuant to chapter 120 for
236waivers of the attendance requirement for violators residing in
237areas where classroom presentation of the course is not
238available;
239     (b)  File with the commission within 90 days proof of
240successful completion of the course;
241     (c)  Refrain from operating a vessel until he or she has
242filed the proof of successful completion of the course with the
243commission.
244
245Any person who has successfully completed an approved boating
246course shall be exempt from these provisions upon showing proof
247to the commission as specified in paragraph (b).
248     Section 6.  For the purpose of incorporating the amendment
249made by this act to section 327.731, Florida Statutes, in a
250reference thereto, paragraph (a) of subsection (11) of section
251327.73, Florida Statutes, is reenacted to read:
252     327.73  Noncriminal infractions.--
253     (11)(a)  Court costs that are to be in addition to the
254stated civil penalty shall be imposed by the court in an amount
255not less than the following:
256     1.  For swimming or diving infractions, $3.
257     2.  For nonmoving boating infractions, $6.
258     3.  For boating infractions listed in s. 327.731(1), $10.
259
260Court costs imposed under this subsection may not exceed $30. A
261criminal justice selection center or both local criminal justice
262access and assessment centers may be funded from these court
263costs.
264     Section 7.  Paragraph (c) is added to subsection (9) of
265section 901.15, Florida Statutes, to read:
266     901.15  When arrest by officer without warrant is
267lawful.--A law enforcement officer may arrest a person without a
268A law enforcement officer may arrest a person without a warrant
269when:
270     (9)  There is probable cause to believe that the person has
271committed:
272     (c)  A violation of a safety zone, security zone, regulated
273navigation area, or naval vessel protection zone as described in
274s. 327.461.
275     Section 8.  This act shall take effect upon becoming a law.


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