Florida Senate - 2016                                    SB 1454
       
       
        
       By Senator Hutson
       
       6-01248-16                                            20161454__
    1                        A bill to be entitled                      
    2         An act relating to vessels; amending s. 327.33, F.S.;
    3         revising provisions relating to reckless or careless
    4         operation of a vessel; amending s. 327.70, F.S.;
    5         deleting provisions authorizing law enforcement
    6         officers to inspect vessels; revising provisions
    7         relating to the authority of law enforcement officers
    8         to conduct certain investigations; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Subsections (1) and (2) of section 327.33,
   14  Florida Statutes, are amended to read:
   15         327.33 Reckless or careless operation of vessel.—
   16         (1) It is unlawful to operate a vessel in a reckless
   17  manner. A person is guilty of reckless operation of a vessel who
   18  operates any vessel, or manipulates any water skis, aquaplane,
   19  or similar device, in willful or wanton disregard for the safety
   20  of other persons or other property at a speed or in a manner as
   21  to endanger, or likely to endanger, life or limb, or damage the
   22  property of, or injure another any person outside the vessel is
   23  guilty of reckless operation of a vessel. Reckless operation of
   24  a vessel includes, but is not limited to, a violation of s.
   25  327.331(6). A Any person who violates a provision of this
   26  subsection commits a misdemeanor of the first degree, punishable
   27  as provided in s. 775.082 or s. 775.083.
   28         (2) A Any person who operates any operating a vessel upon
   29  the waters of this state shall operate the vessel in a
   30  reasonable and prudent manner, having regard for other
   31  waterborne traffic, posted speed and wake restrictions, and all
   32  other attendant circumstances so as not to endanger the life,
   33  limb, or property of another any person outside the vessel. The
   34  failure to operate a vessel in a manner described in this
   35  subsection constitutes careless operation. However, vessel wake
   36  and shoreline wash resulting from the reasonable and prudent
   37  operation of a vessel shall, absent negligence, does not
   38  constitute damage or endangerment to property. A Any person who
   39  violates the provisions of this subsection commits a noncriminal
   40  violation as defined in s. 775.08.
   41         Section 2. Subsections (1) and (4) of section 327.70,
   42  Florida Statutes, are amended to read:
   43         327.70 Enforcement of this chapter and chapter 328.—
   44         (1) This chapter and chapter 328 shall be enforced by the
   45  Division of Law Enforcement of the Fish and Wildlife
   46  Conservation Commission and its officers, the sheriffs of the
   47  various counties and their deputies, municipal police officers,
   48  and any other law enforcement officer as defined in s. 943.10,
   49  all of whom may order the removal of vessels deemed to be an
   50  interference or a hazard to public safety and, enforce the
   51  provisions of this chapter and chapter 328, or cause any
   52  inspections to be made of all vessels in accordance with this
   53  chapter and chapter 328.
   54         (4) The Fish and Wildlife Conservation Commission or any
   55  other law enforcement agency may make any investigation
   56  necessary to secure information required to carry out and
   57  enforce the provisions of this chapter and chapter 328 if
   58  probable cause exists.
   59         Section 3. This act shall take effect July 1, 2016.