Senate Bill sb2664c1

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    Florida Senate - 2004                           CS for SB 2664

    By the Committee on Natural Resources; and Senator Smith





    312-2269-04

  1                      A bill to be entitled

  2         An act relating to vessel safety; amending s.

  3         316.217, F.S.; providing exception for purposes

  4         of law enforcement to provisions requiring the

  5         display of lighted lamps; amending s. 327.301,

  6         F.S.; revising requirements for reports to the

  7         Division of Law Enforcement of the Fish and

  8         Wildlife Conservation Commission of certain

  9         accidents involving vessels; providing that a

10         person who offers a vessel for lease, rental,

11         or charter is responsible for compliance;

12         amending s. 327.35215, F.S.; revising

13         disposition of moneys collected for certain

14         civil penalties; amending s. 327.731, F.S.;

15         revising requirements to complete a boating

16         safety course for certain violations; creating

17         s. 327.461, F.S.; providing legislative intent

18         to authorize state and local law enforcement

19         agencies to operate in federally designated

20         safety zones, security zones, regulated

21         navigation areas, and naval vessel protection

22         zones; prohibiting the operation, or the

23         authorization for the operation, of a vessel in

24         violation of a safety zone, security zone,

25         regulated navigation area, or naval vessel

26         protection zone; providing penalties;

27         prohibiting continuation of such operation, or

28         authorization to operate, after a warning or an

29         order to cease by law enforcement or military

30         personnel; providing penalties; prohibiting

31         entrance to such a zone by swimming, diving,

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    Florida Senate - 2004                           CS for SB 2664
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 1         wading, or similar means; providing penalties;

 2         prohibiting remaining in or reentering such a

 3         zone following a warning or order to leave by

 4         law enforcement or military personnel;

 5         providing penalties; providing that each

 6         incursion is a separate offense; providing that

 7         an entry authorized by the captain of the port

 8         or the captain's designee is not a violation;

 9         amending s. 901.15, F.S.; providing that a law

10         enforcement officer may arrest a person without

11         a warrant if there is probable cause to believe

12         that the person has violated s. 327.461, F.S.;

13         providing an effective date.

14  

15  Be It Enacted by the Legislature of the State of Florida:

16  

17         Section 1.  Subsection (4) of section 316.217, Florida

18  Statutes, is renumbered as subsection (5), and a new

19  subsection (4) is added to that section to read:

20         316.217  When lighted lamps are required.--

21         (4)  Law enforcement vehicles may be operated without

22  the display of lighted lamps required by this chapter under

23  the following conditions:

24         (a)  Operation without the display of lighted lamps is

25  necessary to the performance of a law enforcement officer's

26  duties;

27         (b)  The law enforcement agency has a written policy

28  authorizing and providing guidelines for vehicle operation

29  without the display of lighted lamps;

30         (c)  The law enforcement vehicle is operated in

31  compliance with agency policy; and

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    Florida Senate - 2004                           CS for SB 2664
    312-2269-04




 1         (d)  The operation without the display of lighted lamps

 2  may be safely accomplished.

 3  

 4  The provisions of this subsection shall not relieve the

 5  operator of such a vehicle from the duty to drive with due

 6  regard for the safety of all persons, nor shall such

 7  provisions protect the vehicle operator from the consequences

 8  of his or her reckless disregard for the safety of others.

 9         (5)(4)  A violation of this section is a noncriminal

10  traffic infraction, punishable as a moving violation as

11  provided in chapter 318.

12         Section 2.  Section 327.301, Florida Statutes, is

13  amended to read:

14         327.301  Written reports of accidents.--

15         (1)  The operator of a vessel that is in any manner

16  involved in an accident resulting in bodily injury, death, or

17  disappearance of any person or damage to any vessel or other

18  property in an apparent aggregate amount of at least $2,000

19  $500 shall, within the time limits specified in 33 C.F.R. s.

20  173.55, forward a written report of the accident to the

21  division. Whenever the operator of the vessel is physically

22  incapable of making a written report, the owner of the vessel

23  shall, within the time limits specified in 33 C.F.R. s.

24  173.55, make the report not made by the operator. However,

25  when the investigating officer has made a written report of

26  the accident pursuant to subsection (3), a written report need

27  not be forwarded to the division by the operator.

28         (2)  The division may require any operator of a vessel

29  involved in an accident of which written report must be made

30  as provided in this section to file supplemental written

31  reports whenever the original report is insufficient in the

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    Florida Senate - 2004                           CS for SB 2664
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 1  opinion of the division, and may require any witness to the

 2  accident to render a report to the division.

 3         (3)  Every law enforcement officer who in the regular

 4  course of duty investigates a boating accident that resulted

 5  in bodily injury, death, or disappearance of any person or

 6  damage to any vessel or other property in an apparent

 7  aggregate amount of at least $2,000 $500 shall, within 24

 8  hours after completing the investigation, forward a written

 9  report of the accident to the division. However, in every case

10  in which an accident report is required by this section and a

11  written report by a law enforcement officer is not prepared,

12  the law enforcement officer shall provide each party involved

13  in the accident a short-form report, prescribed by the

14  division, to be completed by the party. The short-form report

15  must include, but is not limited to: the date, time, and

16  location of the accident; a description of the vessels

17  involved; the names and addresses of the parties involved; the

18  names and addresses of witnesses; and the name, badge number,

19  and law enforcement agency of the officer investigating the

20  accident. Accident reports made by law enforcement officers

21  may not be used for commercial solicitation purposes; however,

22  use of an accident report for purposes of publication in a

23  newspaper or other news periodical or a radio or television

24  broadcast shall not be construed as a "commercial purpose."

25         (4)  Except as specified in this subsection, each

26  accident report made by a person involved in an accident and

27  any statement made by such person to a law enforcement officer

28  for the purpose of completing an accident report required by

29  this section is without prejudice to the individual reporting.

30  Such report or statement may not be used as evidence in any

31  trial, civil or criminal. However, subject to the applicable

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    Florida Senate - 2004                           CS for SB 2664
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 1  rules of evidence, a law enforcement officer who is a witness

 2  in a criminal trial may testify as to any statement made to

 3  the officer by the person involved in the accident if that

 4  person's privilege against self-incrimination is not violated.

 5  The results of breath, urine, and blood tests administered as

 6  provided in s. 327.352 or s. 327.353 are not confidential and

 7  shall be admissible into evidence in accordance with the

 8  provisions of s. 327.354. Accident reports made by persons

 9  involved in accidents may not be used for commercial

10  solicitation purposes; however, use of an accident report for

11  purposes of publication in a newspaper or other news

12  periodical or a radio or television broadcast shall not be

13  construed as a "commercial purpose."

14         (5)  For the purposes of this section, a written report

15  includes a report generated through the use of information

16  technology resources as defined in s. 282.0041.

17         (6)  If the vessel is leased, rented, or chartered at

18  the time of the accident, the person who offered the vessel

19  for lease, rental, or charter shall be responsible for

20  complying with this section and s. 327.30.

21         (7)(6)  Any person operator failing to file the written

22  report required under subsection (1) or a supplemental written

23  report when required by the division under subsection (2) is

24  guilty of a noncriminal infraction.

25         Section 3.  Subsection (5) of section 327.35215,

26  Florida Statutes, is amended to read:

27         327.35215  Penalty for failure to submit to test.--

28         (5)  Moneys collected by the clerk of the court

29  pursuant to this section shall be disposed of in the following

30  manner:

31  

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    Florida Senate - 2004                           CS for SB 2664
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 1         (a)  If the arresting officer was employed or appointed

 2  by a state law enforcement agency except as a wildlife

 3  enforcement officer or a freshwater fisheries enforcement

 4  officer of the Fish and Wildlife Conservation Commission, the

 5  moneys shall be deposited into the Marine Resources

 6  Conservation Trust Fund.

 7         (b)  If the arresting officer was employed or appointed

 8  by a county or municipal law enforcement agency, the moneys

 9  shall be deposited into the law enforcement trust fund of that

10  agency.

11         (c)  If the arresting officer was employed or appointed

12  by the Fish and Wildlife Conservation Commission as a wildlife

13  enforcement officer or a freshwater fisheries enforcement

14  officer, the money shall be deposited into the State Game

15  Trust Fund.

16         Section 4.  Subsection (1) of section 327.731, Florida

17  Statutes, is amended to read:

18         327.731  Mandatory education for violators.--

19         (1)  Every person convicted of a criminal violation of

20  this chapter, every person convicted of a noncriminal

21  infraction under this chapter if the infraction resulted in a

22  reportable boating accident, and every person convicted of two

23  noncriminal infractions as defined in s. 327.73(1)(h)-(k),

24  (m), (o), (p) (m)-(p), and (s)-(u), said infractions occurring

25  within a 12-month period, must:

26         (a)  Enroll in, attend, and successfully complete, at

27  his or her own expense, a boating safety course that meets

28  minimum standards established by the commission by rule;

29  however, the commission may provide by rule pursuant to

30  chapter 120 for waivers of the attendance requirement for

31  

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    Florida Senate - 2004                           CS for SB 2664
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 1  violators residing in areas where classroom presentation of

 2  the course is not available;

 3         (b)  File with the commission within 90 days proof of

 4  successful completion of the course;

 5         (c)  Refrain from operating a vessel until he or she

 6  has filed the proof of successful completion of the course

 7  with the commission.

 8  

 9  Any person who has successfully completed an approved boating

10  course shall be exempt from these provisions upon showing

11  proof to the commission as specified in paragraph (b).

12         Section 5.  Section 327.461, Florida Statutes, is

13  created to read:

14         327.461  Safety zones, security zones, regulated

15  navigation areas, and naval vessel protection zones;

16  prohibited entry; penalties.--

17         (1)(a)  A person may not operate a vessel, or authorize

18  the operation of a vessel, in violation of a safety zone,

19  security zone, regulated navigation area, or naval vessel

20  protection zone as defined in and established pursuant to 33

21  C.F.R. part 165.

22         (b)  The intent of this section is to provide for state

23  and local law enforcement agencies to operate in federally

24  designated exclusion zones specified in paragraph (a). State

25  and local law enforcement personnel may enforce these zones at

26  the request of a federal authority if necessary to augment

27  federal law enforcement efforts and if there is a compelling

28  need to protect the residents and infrastructure of this

29  state. Requests for state and local law enforcement personnel

30  to enforce these zones must be made to the Department of Law

31  

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    Florida Senate - 2004                           CS for SB 2664
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 1  Enforcement through the Florida Mutual Aid Plan described in

 2  s. 23.1231.

 3         (2)  A person who operates a vessel, or authorizes the

 4  operation of a vessel, in violation of such a safety zone,

 5  security zone, regulated navigation area, or naval vessel

 6  protection zone commits a misdemeanor of the first degree,

 7  punishable as provided in s. 775.082 or s. 775.083.

 8         (3)  A person who continues to operate, or authorize

 9  the operation of, a vessel in violation of such a safety zone,

10  security zone, regulated navigation area, or naval vessel

11  protection zone after being warned against doing so, or who

12  refuses to leave or otherwise cease violating such a safety

13  zone, security zone, regulated navigation area, or naval

14  vessel protection zone after having been ordered to do so by a

15  law enforcement officer or by competent military authority,

16  commits a felony of the third degree, punishable as provided

17  in s. 775.082, s. 775.083, or s. 775.084.

18         (4)  A person who enters a safety zone, security zone,

19  regulated navigation area, or naval vessel protection zone by

20  swimming, diving, wading, or other similar means commits a

21  misdemeanor of the first degree, punishable as provided in s.

22  775.082 or s. 775.083.

23         (5)  A person who remains within or reenters such a

24  safety zone, security zone, regulated navigation area, or

25  naval vessel protection zone after being warned not to do so,

26  or who refuses to leave or otherwise cease violating such a

27  safety zone, security zone, regulated navigation area, or

28  naval vessel protection zone after having been ordered to do

29  so by a law enforcement officer or by competent military

30  authority, commits a felony of the third degree, punishable as

31  provided in s. 775.082, s. 775.083, or s. 775.084.

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    Florida Senate - 2004                           CS for SB 2664
    312-2269-04




 1         (6)  Each incursion into such a safety zone, security

 2  zone, regulated navigation area, or naval vessel protection

 3  zone is considered a separate offense.

 4         (7)  An entry into such a safety zone, security zone,

 5  regulated navigation area, or naval vessel protection zone

 6  that has been authorized by the captain of the port or the

 7  captain's designee is not a violation of this section.

 8         Section 6.  Paragraph (c) is added to subsection (9) of

 9  section 901.15, Florida Statutes, to read:

10         901.15  When arrest by officer without warrant is

11  lawful.--A law enforcement officer may arrest a person without

12  a warrant when:

13         (9)  There is probable cause to believe that the person

14  has committed:

15         (c)  A violation of a safety zone, security zone,

16  regulated navigation area, or naval vessel protection zone as

17  described in s. 327.461.

18         Section 7.  This act shall take effect upon becoming a

19  law.

20  

21          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
22                         Senate Bill 2664

23                                 

24  The committee substitute removes provisions of the original
    bill relating to personal watercraft and boating safety
25  identification cards.  Requirements in the original bill
    relating to the operation of law enforcement vehicles without
26  the display of headlights are clarified to provide that all
    four conditions established in the bill must be in place prior
27  to the operation of a law enforcement vehicle without the use
    of headlights.  Original provisions of the bill relating to
28  federally designated exclusion zones remain unchanged.

29  

30  

31  

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