Florida Senate - 2016                          SENATOR AMENDMENT
       Bill No. CS for SB 846
       
       
       
       
       
       
                                Ì265794SÎ265794                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: WD/2R          .                                
             02/18/2016 11:26 AM       .                                
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       Senator Dean moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 119 - 166
    4  and insert:
    5         Section 2. Subsection (1) of section 327.73, Florida
    6  Statutes, is amended to read:
    7         327.73 Noncriminal infractions.—
    8         (1) Violations of the following provisions of the vessel
    9  laws of this state are noncriminal infractions unless otherwise
   10  provided:
   11         (a) Section 373.469, relating to protection zones for
   12  springs, for which the penalty is:
   13         1. For a first offense, up to a maximum of $50.
   14         2. For a second offense, up to a maximum of $250.
   15         3. For a third or subsequent offense, criminal penalties as
   16  provided in s. 373.469(4).
   17         (b)(a) Section 328.46, relating to operation of
   18  unregistered and unnumbered vessels.
   19         (c)(b) Section 328.48(4), relating to display of number and
   20  possession of registration certificate.
   21         (d)(c) Section 328.48(5), relating to display of decal.
   22         (e)(d) Section 328.52(2), relating to display of number.
   23         (f)(e) Section 328.54, relating to spacing of digits and
   24  letters of identification number.
   25         (g)(f) Section 328.60, relating to military personnel and
   26  registration of vessels.
   27         (h)(g) Section 328.72(13), relating to operation with an
   28  expired registration.
   29         (i)(h) Section 327.33(2), relating to careless operation.
   30         (j)(i) Section 327.37, relating to water skiing,
   31  aquaplaning, parasailing, and similar activities.
   32         (k)(j) Section 327.44, relating to interference with
   33  navigation.
   34         (l)(k) Violations relating to boating-restricted areas and
   35  speed limits:
   36         1. Established by the commission or by local governmental
   37  authorities pursuant to s. 327.46.
   38         2. Speed limits established pursuant to s. 379.2431(2).
   39         (m)(l) Section 327.48, relating to regattas and races.
   40         (n)(m) Section 327.50(1) and (2), relating to required
   41  safety equipment, lights, and shapes.
   42         (o)(n) Section 327.65, relating to muffling devices.
   43         (p)(o) Section 327.33(3)(b), relating to a violation of
   44  navigation rules:
   45         1. That does not result in an accident; or
   46         2. That results in an accident not causing serious bodily
   47  injury or death, for which the penalty is:
   48         a. For a first offense, up to a maximum of $250.
   49         b. For a second offense, up to a maximum of $750.
   50         c. For a third or subsequent offense, up to a maximum of
   51  $1,000.
   52         (q)(p) Section 327.39(1), (2), (3), and (5), relating to
   53  personal watercraft.
   54         (r)(q) Section 327.53(1), (2), and (3), relating to marine
   55  sanitation.
   56         (s)(r) Section 327.53(4), (5), and (7), relating to marine
   57  sanitation, for which the civil penalty is $250.
   58         (t)(s) Section 327.395, relating to boater safety
   59  education.
   60         (u)(t) Section 327.52(3), relating to operation of
   61  overloaded or overpowered vessels.
   62         (v)(u) Section 327.331, relating to divers-down warning
   63  devices flags and buoys, except for violations meeting the
   64  requirements of s. 327.33.
   65         (w)(v) Section 327.391(1), relating to the requirement for
   66  an adequate muffler on an airboat.
   67         (x)(w) Section 327.391(3), relating to the display of a
   68  flag on an airboat.
   69         (y)(x) Section 253.04(3)(a), relating to carelessly causing
   70  seagrass scarring, for which the civil penalty upon conviction
   71  is:
   72         1. For a first offense, $50.
   73         2. For a second offense occurring within 12 months after a
   74  prior conviction, $250.
   75         3. For a third offense occurring within 36 months after a
   76  prior conviction, $500.
   77         4. For a fourth or subsequent offense occurring within 72
   78  months after a prior conviction, $1,000.
   79  
   80  Any person cited for a violation of any provision of this
   81  subsection, unless otherwise provided, shall be deemed to be
   82  charged with a noncriminal infraction, shall be cited for such
   83  an infraction, and shall be cited to appear before the county
   84  court. The civil penalty for any such infraction is $50, except
   85  as otherwise provided in this section. Any person who fails to
   86  appear or otherwise properly respond to a uniform boating
   87  citation shall, in addition to the charge relating to the
   88  violation of the boating laws of this state, be charged with the
   89  offense of failing to respond to such citation and, upon
   90  conviction, be guilty of a misdemeanor of the second degree,
   91  punishable as provided in s. 775.082 or s. 775.083. A written
   92  warning to this effect shall be provided at the time such
   93  uniform boating citation is issued.
   94         Section 3. Section 373.469, Florida Statutes, is created to
   95  read:
   96         373.469 Protection zones for springs.—
   97         (1) As used in this section, the term:
   98         (a) “Commission” means the Fish and Wildlife Conservation
   99  Commission.
  100         (b) “Navigable waters of the United States” means the
  101  waters of the United States, including the territorial seas, as
  102  referenced in the Clean Water Act, 33 U.S.C. ss. 1251 et seq.,
  103  and the federal rules and regulations promulgated thereunder.
  104         (c) “Vessel” has the same meaning as provided in s. 327.02.
  105         (2) The commission may establish by rule protection zones
  106  that restrict the speed and operation of vessels to protect and
  107  prevent harm to springs. This harm includes negative impacts to
  108  water quality, water quantity, hydrology, wetlands, and aquatic-
  109  and wetland-dependent species.
  110         (3) The commission shall develop such protection zones in
  111  consultation with in consultation and coordination with the
  112  water management district, the Department of Environmental
  113  Protection, and the governing bodies of the county and
  114  municipality, if applicable, in which the zone is located. If
  115  the zone includes navigable waters of the United States, the
  116  commission shall additionally coordinate with the United States
  117  Coast Guard and the United States Army Corps of Engineers.
  118         (4) Any individual who operates a vessel in violation of a
  119  spring protection zone rule adopted pursuant to this section
  120  shall be charged on a uniform boating citation as provided in s.
  121  327.74 and is subject to the following penalties:
  122         (a) First and second violations are noncriminal
  123  infractions, punishable as provided in s. 327.73(1)(a).
  124         (b) Third and subsequent violations are misdemeanors of the
  125  second degree, punishable as provided in s. 775.082 or s.
  126  775.083.
  127         (5) Restrictions in a protection zone do not apply:
  128         (a) To law enforcement, firefighting, or rescue personnel
  129  operating a vessel in the course of performing their official
  130  duties; or
  131         (b) In emergency situations. However, the emergency
  132  operation of a vessel must be a reasonable response given the
  133  circumstances.
  134         (6) The commission is responsible for the posting and
  135  maintenance of regulatory markers identifying protection zones.
  136         (7) The commission shall adopt rules to implement this
  137  section.
  138         Section 4. Subsection (3) of section 327.395, Florida
  139  Statutes, is amended to read:
  140         327.395 Boating safety identification cards.—
  141         (3) Any commission-approved boater education or boater
  142  safety course, course-equivalency examination developed or
  143  approved by the commission, or temporary certificate examination
  144  developed or approved by the commission must include a component
  145  regarding diving vessels, awareness of divers in the water,
  146  divers-down warning devices flags and buoys, and the
  147  requirements of s. 327.331.
  148         Section 5. Subsection (1) of section 327.731, Florida
  149  Statutes, is amended to read:
  150         327.731 Mandatory education for violators.—
  151         (1) A person convicted of a criminal violation under this
  152  chapter, convicted of a noncriminal infraction under this
  153  chapter if the infraction resulted in a reportable boating
  154  accident, or convicted of two noncriminal infractions as
  155  specified in s. 327.73(1)(i)-(l), (n), (p), (q), and (t)-(y) s.
  156  327.73(1)(h)-(k), (m), (o), (p), and (s)-(x), said infractions
  157  occurring within a 12-month period, must:
  158         (a) Enroll in, attend, and successfully complete, at his or
  159  her own expense, a classroom or online boating safety course
  160  that is approved by and meets the minimum standards established
  161  by commission rule;
  162         (b) File with the commission within 90 days proof of
  163  successful completion of the course; and
  164         (c) Refrain from operating a vessel until he or she has
  165  filed proof of successful completion of the course with the
  166  commission.
  167         Section 6. For the purpose of incorporating the amendment
  168  made by this act to section 327.331, Florida Statutes, in a
  169  reference thereto, subsection (1) of section 327.33, Florida
  170  Statutes, is reenacted to read:
  171         327.33 Reckless or careless operation of vessel.—
  172         (1) It is unlawful to operate a vessel in a reckless
  173  manner. A person is guilty of reckless operation of a vessel who
  174  operates any vessel, or manipulates any water skis, aquaplane,
  175  or similar device, in willful or wanton disregard for the safety
  176  of persons or property at a speed or in a manner as to endanger,
  177  or likely to endanger, life or limb, or damage the property of,
  178  or injure any person. Reckless operation of a vessel includes,
  179  but is not limited to, a violation of s. 327.331(6). Any person
  180  who violates a provision of this subsection commits a
  181  misdemeanor of the first degree, punishable as provided in s.
  182  775.082 or s. 775.083.
  183  
  184  ================= T I T L E  A M E N D M E N T ================
  185  And the title is amended as follows:
  186         Delete lines 2 - 14
  187  and insert:
  188         An act relating to vessels and navigation; amending s.
  189         327.331, F.S.; revising the definitions of the terms
  190         “divers-down buoy,” “divers-down flag,” and “divers
  191         down symbol”; defining the term “divers-down warning
  192         device”; expanding the types of indicators or devices
  193         allowed to be used to signal the presence of submerged
  194         divers; specifying requirements for divers-down
  195         warning devices; amending 327.73, F.S.; providing
  196         penalties for violations relating to protection zones
  197         for springs; creating s. 373.469, F.S.; defining
  198         terms; authorizing the Fish and Wildlife Conservation
  199         Commission to establish protection zones to prevent
  200         harm to springs; authorizing the commission to set
  201         vessel speed and operation standards for protection
  202         zones; requiring the commission to consult with
  203         certain other entities when developing protection
  204         zones; providing penalties; providing exceptions;
  205         specifying responsibility for posting and maintaining
  206         regulatory markers; requiring the commission to adopt
  207         rules; amending ss. 327.395 and 327.731, F.S.;
  208         conforming provisions to changes made by the act;
  209         reenacting s. 327.33(1), F.S., relating to reckless or
  210         careless operation of a vessel, to incorporate the
  211         amendment made to s. 327.331, F.S., in a reference
  212         thereto; providing an effective date.