CS/CS/HB 293

1	A bill to be entitled
2	An act relating to vessels; amending s. 327.33, F.S.;
3	revising penalty provisions for violation of navigation
4	rules; providing misdemeanor penalties for a violation
5	that results in a boating accident causing serious bodily
6	injury or death; providing that under certain
7	circumstances a violation of navigation rules is a
8	noncriminal violation; amending s. 327.395, F.S.;
9	providing an exemption from the requirement that certain
10	persons must possess a boating safety identification card
11	while operating a motor vessel of a specified horsepower
12	or greater; amending s. 327.54, F.S.; requiring liveries
13	to require that a person present a valid boater safety
14	identification card or provide proof that the person
15	passed the boating education safety course or examination;
16	amending s. 327.73, F.S.; providing for increased
17	penalties for certain noncriminal violations; deleting a
18	duplicate provision; reenacting and amending s. 327.72,
19	F.S., relating to penalties, to incorporate changes made
20	by the act in references thereto; reenacting s.
21	327.731(1), F.S., relating to mandatory education for
22	violators, to incorporate changes made by the act in
23	references thereto; providing an effective date.
24
25	Be It Enacted by the Legislature of the State of Florida:
26
27	Section 1.  Subsection (3) of section 327.33, Florida
28	Statutes, is amended to read:
29	327.33  Reckless or careless operation of vessel.-
30	(3)  Each person operating a vessel upon the waters of this
31	state shall comply with the navigation rules.
32	(a)  A person who violates whose violation of the
33	navigation rules and the violation results in a boating accident
34	causing serious bodily injury as defined in s. 327.353 or death,
35	but the whose violation does did not constitute reckless
36	operation of a vessel, commits is guilty of a misdemeanor of the
37	second degree, punishable as provided in s. 775.082 or s.
38	775.083.
39	(b)  A person who violates whose violation of the
40	navigation rules and the violation does not result in a boating
41	accident and does not constitute reckless operation of a vessel
42	commits is guilty of a noncriminal violation as defined in s.
43	775.08, punishable as provided in s. 327.73.
44	(c)  Law enforcement vessels may deviate from the
45	navigational rules when such diversion is necessary to the
46	performance of their duties and when such deviation may be
47	safely accomplished.
48	Section 2.  Subsection (6) of section 327.395, Florida
49	Statutes, is amended to read:
50	327.395  Boating safety identification cards.-
51	(6)  A person is exempt from subsection (1) if he or she:
52	(a)  Is licensed by the United States Coast Guard to serve
53	as master of a vessel.
54	(b)  Operates a vessel only on a private lake or pond.
55	(c)  Is accompanied in the vessel by a person who is exempt
56	from this section or who holds an identification card in
57	compliance with this section, is 18 years of age or older, and
58	is attendant to the operation of the vessel and responsible for
59	the safe operation of the vessel and for any violation that
60	occurs during the operation.
61	(d)  Is a nonresident who has in his or her possession
62	proof that he or she has completed a boater education course or
63	equivalency examination in another state which meets or exceeds
64	the requirements of subsection (1).
65	(e)  Is operating a vessel within 90 days after the
66	purchase of that vessel and has available for inspection aboard
67	that vessel a bill of sale meeting the requirements of s.
68	328.46(1).
69	(f)  Is operating a vessel within 90 days after completing
70	the requirements of paragraph (1)(a) or paragraph (1)(b) and has
71	available for inspection photographic identification and his or
72	her boater education certificate as proof that the course was
73	successfully completed. The boater education certificate must
74	provide, at a minimum, the student's first and last name, the
75	student's date of birth, and the date the student passed the
76	course examination.
77	(g)(f)  Is exempted by rule of the commission.
78	Section 3.  Subsection (2) of section 327.54, Florida
79	Statutes, is amended to read:
80	327.54  Liveries; safety regulations; penalty.-
81	(2)  A livery may not knowingly lease, hire, or rent any
82	vessel powered by a motor of 10 horsepower or greater to any
83	person who is required to comply with s. 327.395, unless such
84	person presents to the livery a valid boater safety
85	identification card or proof of meeting the temporary exemption
86	provided by s. 327.395(6)(f) to the livery.
87	Section 4.  Subsections (1) and (5) of section 327.73,
88	Florida Statutes, are amended to read:
89	327.73  Noncriminal infractions.-
90	(1)  Violations of the following provisions of the vessel
91	laws of this state are noncriminal infractions:
92	(a)  Section 328.46, relating to operation of unregistered
93	and unnumbered vessels.
94	(b)  Section 328.48(4), relating to display of number and
95	possession of registration certificate.
96	(c)  Section 328.48(5), relating to display of decal.
97	(d)  Section 328.52(2), relating to display of number.
98	(e)  Section 328.54, relating to spacing of digits and
99	letters of identification number.
100	(f)  Section 328.60, relating to military personnel and
101	registration of vessels.
102	(g)  Section 328.72(13), relating to operation with an
103	expired registration.
104	(h)  Section 327.33(2), relating to careless operation.
105	(i)  Section 327.37, relating to water skiing, aquaplaning,
106	parasailing, and similar activities.
107	(j)  Section 327.44, relating to interference with
108	navigation.
109	(k)  Violations relating to boating-restricted areas and
110	speed limits:
111	1.  Established by the commission or by local governmental
112	authorities pursuant to s. 327.46.
113	2.  Speed limits established pursuant to s. 379.2431(2).
114	(l)  Section 327.48, relating to regattas and races.
115	(m)  Section 327.50(1) and (2), relating to required safety
116	equipment, lights, and shapes.
117	(n)  Section 327.65, relating to muffling devices.
118	(o)1.  Section 327.33(3)(b), relating to a violation of
119	navigation rules not resulting in an accident.
120	2.  Section 327.33(3)(b), relating to a violation of
121	navigation rules resulting in an accident not causing serious
122	bodily injury or death, for which the penalty is:
123	a.  For a first offense, up to a maximum of $250.
124	b.  For a second offense, up to a maximum of $750.
125	c.  For a third or subsequent offense, up to a maximum of
126	$1,000.
127	(p)  Section 327.39(1), (2), (3), and (5), relating to
128	personal watercraft.
129	(q)  Section 327.53(1), (2), and (3), relating to marine
130	sanitation.
131	(r)  Section 327.53(4), (5), and (7), relating to marine
132	sanitation, for which the civil penalty is $250.
133	(s)  Section 327.395, relating to boater safety education.
134	(t)  Section 327.52(3), relating to operation of overloaded
135	or overpowered vessels.
136	(u)  Section 327.331, relating to divers-down flags, except
137	for violations meeting the requirements of s. 327.33.
138	(v)  Section 327.391(1), relating to the requirement for an
139	adequate muffler on an airboat.
140	(w)  Section 327.391(3), relating to the display of a flag
141	on an airboat.
142	(x)  Section 253.04(3)(a), relating to carelessly causing
143	seagrass scarring, for which the civil penalty upon conviction
144	is:
145	1.  For a first offense, $50.
146	2.  For a second offense occurring within 12 months after a
147	prior conviction, $250.
148	3.  For a third offense occurring within 36 months after a
149	prior conviction, $500.
150	4.  For a fourth or subsequent offense occurring within 72
151	months after a prior conviction, $1,000.
152
153	Any person cited for a violation of any such provision shall be
154	deemed to be charged with a noncriminal infraction, shall be
155	cited for such an infraction, and shall be cited to appear
156	before the county court. The civil penalty for any such
157	infraction is $50, except as otherwise provided in this section.
158	Any person who fails to appear or otherwise properly respond to
159	a uniform boating citation shall, in addition to the charge
160	relating to the violation of the boating laws of this state, be
161	charged with the offense of failing to respond to such citation
162	and, upon conviction, be guilty of a misdemeanor of the second
163	degree, punishable as provided in s. 775.082 or s. 775.083. A
164	written warning to this effect shall be provided at the time
165	such uniform boating citation is issued.
166
167	Any person cited for a violation of any such provision shall be
168	deemed to be charged with a noncriminal infraction, shall be
169	cited for such an infraction, and shall be cited to appear
170	before the county court. The civil penalty for any such
171	infraction is $50, except as otherwise provided in this section.
172	Any person who fails to appear or otherwise properly respond to
173	a uniform boating citation shall, in addition to the charge
174	relating to the violation of the boating laws of this state, be
175	charged with the offense of failing to respond to such citation
176	and, upon conviction, be guilty of a misdemeanor of the second
177	degree, punishable as provided in s. 775.082 or s. 775.083. A
178	written warning to this effect shall be provided at the time
179	such uniform boating citation is issued.
180	(5)  Any person electing to appear before the county court
181	or who is required so to appear shall be deemed to have waived
182	the limitations on the civil penalty specified in subsection
183	(1). The court, after a hearing, shall make a determination as
184	to whether an infraction has been committed. If the commission
185	of an infraction has been proven, the court may impose a civil
186	penalty not to exceed $500 or a higher amount specified in
187	subsection (1).
188	Section 5.  For the purpose of incorporating the amendment
189	made by this act to section 327.73, Florida Statutes, in a
190	reference thereto, section 327.72, Florida Statutes, is
191	reenacted and amended to read:
192	327.72  Penalties.-Any person failing to comply with the
193	provisions of this chapter or chapter 328 not specified in s.
194	327.73 or not paying the civil penalty specified in s. 327.73
195	said section within 30 days, except as otherwise provided in
196	this chapter or chapter 328, commits a misdemeanor of the second
197	degree, punishable as provided in s. 775.082 or s. 775.083.
198	Section 6.  For the purpose of incorporating the amendment
199	made by this act to section 327.73, Florida Statutes, in a
200	reference thereto, subsection (1) of section 327.731, Florida
201	Statutes, is reenacted to read:
202	327.731  Mandatory education for violators.-
203	(1)  Every person convicted of a criminal violation of this
204	chapter, every person convicted of a noncriminal infraction
205	under this chapter if the infraction resulted in a reportable
206	boating accident, and every person convicted of two noncriminal
207	infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
208	and (s)-(x), said infractions occurring within a 12-month
209	period, must:
210	(a)  Enroll in, attend, and successfully complete, at his
211	or her own expense, a boating safety course that meets minimum
212	standards established by the commission by rule; however, the
213	commission may provide by rule pursuant to chapter 120 for
214	waivers of the attendance requirement for violators residing in
215	areas where classroom presentation of the course is not
216	available;
217	(b)  File with the commission within 90 days proof of
218	successful completion of the course;
219	(c)  Refrain from operating a vessel until he or she has
220	filed the proof of successful completion of the course with the
221	commission.
222
223	Any person who has successfully completed an approved boating
224	course shall be exempt from these provisions upon showing proof
225	to the commission as specified in paragraph (b).
226	Section 7.  This act shall take effect October 1, 2011.

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