Florida Senate - 2019                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1666
       
       
       
       
       
       
                                Ì844894VÎ844894                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2019           .                                
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       The Committee on Community Affairs (Flores) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 327.395, Florida Statutes, is amended to
    6  read:
    7         327.395 Boating safety education identification cards.—
    8         (1) A person born on or after January 1, 1988, may not
    9  operate a vessel powered by a motor of 10 horsepower or greater,
   10  including the electric equivalent of 10 horsepower or greater,
   11  and a person of any age may not rent and operate such a vessel,
   12  unless such person has in his or her possession aboard the
   13  vessel photographic identification and a boating boater safety
   14  identification card issued by the commission, or a state-issued
   15  identification card or driver license indicating possession of
   16  the boating boater safety identification card, or photographic
   17  identification and a temporary certificate issued or approved by
   18  the commission, which shows that he or she has:
   19         (a) Completed a commission-approved boating safety boater
   20  education course that meets the minimum requirements 8-hour
   21  instruction requirement established by the National Association
   22  of State Boating Law Administrators; or
   23         (b) Passed a course equivalency examination approved by the
   24  commission; or
   25         (c) Passed a temporary certificate examination developed or
   26  approved by the commission.
   27         (2)(a)A Any person may obtain a boating boater safety
   28  identification card by successfully completing a boating safety
   29  education course that meets complying with the requirements of
   30  this section and rules adopted by the commission pursuant to
   31  this section.
   32         (b)A person may obtain a temporary certificate by passing
   33  a temporary certificate examination that meets the requirements
   34  of this section and rules adopted by the commission pursuant to
   35  this section.
   36         (3) Any commission-approved boating boater education or
   37  boater safety education course, course-equivalency examination
   38  developed or approved by the commission, or temporary
   39  certificate examination developed or approved by the commission
   40  must include a component regarding diving vessels, awareness of
   41  divers in the water, divers-down warning devices, and the
   42  requirements of s. 327.331.
   43         (4) The commission may appoint liveries, marinas, or other
   44  persons as its agents to administer the course, course
   45  equivalency examination, or temporary certificate examination
   46  and issue identification cards or temporary certificates in
   47  digital, electronic, or paper format under guidelines
   48  established by the commission. An agent must charge the $2
   49  examination fee, which must be forwarded to the commission with
   50  proof of passage of the examination and may charge and keep a $1
   51  service fee.
   52         (5) A boating safety An identification card issued to a
   53  person who has completed a boating safety education course or a
   54  course equivalency examination is valid for life. A temporary
   55  certificate card issued to a person who has passed a temporary
   56  certification examination is valid for 90 days after 12 months
   57  from the date of issuance. The commission may issue either the
   58  boating safety identification card or the temporary certificate
   59  in a digital, electronic, or paper format.
   60         (6) A person is exempt from subsection (1) if he or she:
   61         (a) Is licensed by the United States Coast Guard to serve
   62  as master of a vessel.
   63         (b) Operates a vessel only on a private lake or pond.
   64         (c) Is accompanied in the vessel by a person who is exempt
   65  from this section or who holds a boating safety an
   66  identification card in compliance with this section, who is 18
   67  years of age or older, and who is attendant to the operation of
   68  the vessel and responsible for the safe operation of the vessel
   69  and for any violation that occurs during the operation of the
   70  vessel.
   71         (d) Is a nonresident who has in his or her possession
   72  photographic identification and proof that he or she has
   73  completed a boating safety boater education course or
   74  equivalency examination in another state or a United States
   75  territory which meets or exceeds the minimum requirements
   76  established by the National Association of State Boating Law
   77  Administrators of subsection (1).
   78         (e) Is operating a vessel within 90 days after the purchase
   79  of that vessel and has available for inspection aboard that
   80  vessel a bill of sale meeting the requirements of s. 328.46(1).
   81         (f) Is operating a vessel within 90 days after completing
   82  the requirements of paragraph (1)(a) or paragraph (1)(b) and has
   83  a photographic identification card and a boating safety boater
   84  education certificate available for inspection as proof of
   85  having completed a boating safety boater education course. The
   86  boating safety boater education certificate must provide, at a
   87  minimum, the student’s first and last name, the student’s date
   88  of birth, and the date that he or she passed the course
   89  examination.
   90         (g) Is exempted by rule of the commission.
   91         (7) A person who operates a vessel in violation of
   92  subsection (1) commits a noncriminal infraction, punishable as
   93  provided in s. 327.73.
   94         (8) The commission shall design forms and adopt rules to
   95  administer this section. Such rules shall include provision for
   96  educational and other public and private entities to offer the
   97  course and administer examinations.
   98         (8)(9) The commission shall institute and coordinate a
   99  statewide program of boating safety instruction and
  100  certification to ensure that boating safety courses and
  101  examinations are available in each county of the state. The
  102  commission may appoint agents to administer the boating safety
  103  education course or temporary certificate examination and may
  104  authorize the agents to issue temporary certificates in digital,
  105  electronic, or paper format. The agents shall charge and collect
  106  the $2 fee required in subsection (9) for each temporary
  107  certificate, which must be forwarded to the commission. The
  108  agent may charge and keep a $1 service fee.
  109         (9)(10) The commission is authorized to establish and to
  110  collect a $2 examination fee for each card and certificate
  111  issued pursuant to this section to cover administrative costs.
  112         (10)(11) The commission shall design forms and is
  113  authorized to adopt rules pursuant to chapter 120 to implement
  114  the provisions of this section.
  115         (11)(12) This section may be cited as the “Osmany ‘Ozzie’
  116  Castellanos Boating Safety Education Act.”
  117         Section 2. Subsection (6) is added to section 327.4109,
  118  Florida Statutes, to read:
  119         327.4109 Anchoring or mooring prohibited; exceptions;
  120  penalties.—
  121         (6)(a)As used in this subsection, and applied only for the
  122  purposes of the study required by this subsection and not for
  123  any other purposes, the term “long-term stored vessel” means a
  124  vessel on the waters of the state which is not under the
  125  supervision and control of a person capable of operating,
  126  maintaining, or moving it from one location to another and which
  127  has remained anchored or moored outside of a public mooring
  128  field for at least 30 days out of a 60-day period.
  129         (b)The commission shall conduct, or contract with a
  130  private vendor to conduct, for not longer than 2 years, a study
  131  of the impacts of long-term stored vessels on local communities
  132  and this state.
  133         (c)The study shall:
  134         1.Investigate whether, and to what extent, long-term
  135  stored vessels and vessels anchored or moored outside of public
  136  mooring fields for more than 30 days contribute to the number of
  137  derelict and abandoned vessels on the waters of the state.
  138         2.Investigate the impacts of long-term stored vessels,
  139  vessels anchored or moored outside of public mooring fields for
  140  more than 30 days, and vessels moored within public mooring
  141  fields on the local and state economies, public safety, and the
  142  environment during and after significant tropical storm and
  143  hurricane events.
  144         3.Provide recommendations for appropriate management
  145  options for long-term stored vessels and vessels anchored or
  146  moored outside public mooring fields for more than 30 days to
  147  mitigate any identified negative impacts to local communities
  148  and this state.
  149         (d)The commission shall submit a report of its findings
  150  and recommendations to the Governor, the President of the
  151  Senate, and the Speaker of the House of Representatives within 6
  152  months after the study is completed.
  153         (e)This subsection is contingent upon appropriation by the
  154  Legislature.
  155         (f)This subsection expires January 1, 2024.
  156         Section 3. Present paragraphs (c) and (d) of subsection (4)
  157  of section 327.60, Florida Statutes, are redesignated as
  158  paragraphs (d) and (e), respectively, and a new paragraph (c) is
  159  added to that subsection, to read:
  160         327.60 Local regulations; limitations.—
  161         (4)
  162         (c) A county designated as a rural area of opportunity may
  163  create a no-discharge zone for freshwater waterbodies within the
  164  county’s jurisdiction to prohibit treated and untreated sewage
  165  discharges from floating structures not capable of being used as
  166  a means of transportation, live-aboard vessels, and houseboats.
  167  Within no-discharge zone boundaries, operators of such floating
  168  structures, live-aboard vessels, and houseboats shall retain
  169  their sewage on shore for discharge at a pumpout facility or on
  170  board for discharge more than 3 miles off the coast in the
  171  Atlantic Ocean or more than 10 miles off the coast in the Gulf
  172  of Mexico. Violations of this paragraph are punishable as
  173  provided in s. 327.53(6) and (7).
  174         Section 4. Paragraph (r) of subsection (1) of section
  175  327.73, Florida Statutes, is amended, and paragraph (s) of that
  176  subsection and subsection (4) of that section are reenacted, to
  177  read:
  178         327.73 Noncriminal infractions.—
  179         (1) Violations of the following provisions of the vessel
  180  laws of this state are noncriminal infractions:
  181         (r) Section 327.53(4), (5), and (7), relating to marine
  182  sanitation, and section 327.60, relating to no-discharge zones,
  183  for which the civil penalty is $250.
  184         (s) Section 327.395, relating to boater safety education.
  185  
  186  Any person cited for a violation of any provision of this
  187  subsection shall be deemed to be charged with a noncriminal
  188  infraction, shall be cited for such an infraction, and shall be
  189  cited to appear before the county court. The civil penalty for
  190  any such infraction is $50, except as otherwise provided in this
  191  section. Any person who fails to appear or otherwise properly
  192  respond to a uniform boating citation shall, in addition to the
  193  charge relating to the violation of the boating laws of this
  194  state, be charged with the offense of failing to respond to such
  195  citation and, upon conviction, be guilty of a misdemeanor of the
  196  second degree, punishable as provided in s. 775.082 or s.
  197  775.083. A written warning to this effect shall be provided at
  198  the time such uniform boating citation is issued.
  199         (4) Any person charged with a noncriminal infraction under
  200  this section may:
  201         (a) Pay the civil penalty, either by mail or in person,
  202  within 30 days of the date of receiving the citation; or,
  203         (b) If he or she has posted bond, forfeit bond by not
  204  appearing at the designated time and location.
  205  
  206  If the person cited follows either of the above procedures, he
  207  or she shall be deemed to have admitted the noncriminal
  208  infraction and to have waived the right to a hearing on the
  209  issue of commission of the infraction. Such admission shall not
  210  be used as evidence in any other proceedings. If a person who is
  211  cited for a violation of s. 327.395 can show a boating safety
  212  identification card issued to that person and valid at the time
  213  of the citation, the clerk of the court may dismiss the case and
  214  may assess a dismissal fee of up to $10. If a person who is
  215  cited for a violation of s. 328.72(13) can show proof of having
  216  a registration for that vessel which was valid at the time of
  217  the citation, the clerk may dismiss the case and may assess the
  218  dismissal fee.
  219         Section 5. Subsection (15) of section 328.72, Florida
  220  Statutes, is amended to read:
  221         328.72 Classification; registration; fees and charges;
  222  surcharge; disposition of fees; fines; marine turtle stickers.—
  223         (15) DISTRIBUTION OF FEES.—Except as provided in this
  224  subsection for the first $2, $1 of which shall be remitted to
  225  the state for deposit into the Save the Manatee Trust Fund
  226  created within the Fish and Wildlife Conservation Commission and
  227  $1 of which shall be remitted to the state for deposit into the
  228  Marine Resources Conservation Trust Fund to fund a grant program
  229  for public launching facilities pursuant to s. 206.606, giving
  230  priority consideration to counties with more than 35,000
  231  registered vessels, moneys designated for the use of the
  232  counties, as specified in subsection (1), shall be distributed
  233  by the tax collector to the board of county commissioners for
  234  use only as provided in this section. Such moneys to be returned
  235  to the counties are for the sole purposes of providing,
  236  maintaining, or operating recreational channel marking and other
  237  uniform waterway markers, public boat ramps, lifts, and hoists,
  238  marine railways, boat piers, docks, mooring buoys, and other
  239  public launching facilities; and removing derelict vessels,
  240  debris that specifically impede boat access, not including the
  241  dredging of channels, and vessels and floating structures deemed
  242  a hazard to public safety and health for failure to comply with
  243  s. 327.53. Counties shall demonstrate through an annual detailed
  244  accounting report of vessel registration revenues that the
  245  registration fees were spent as provided in this subsection.
  246  This report shall be provided to the Fish and Wildlife
  247  Conservation Commission no later than November 1 of each year.
  248  If, before January 1 of each calendar year, the accounting
  249  report meeting the prescribed criteria has still not been
  250  provided to the commission, the tax collector of that county may
  251  not distribute the moneys designated for the use of counties, as
  252  specified in subsection (1), to the board of county
  253  commissioners but shall, for the next calendar year, remit such
  254  moneys to the state for deposit into the Marine Resources
  255  Conservation Trust Fund. The commission shall return those
  256  moneys to the county if the county fully complies with this
  257  section within that calendar year. If the county does not fully
  258  comply with this section within that calendar year, the moneys
  259  shall remain within the Marine Resources Trust Fund and may be
  260  appropriated for the purposes specified in this subsection.
  261         (a)From the vessel registration fees designated for use by
  262  the counties in subsection (1), $1 shall be remitted to the
  263  state for deposit into the Save the Manatee Trust Fund.
  264         (b)From the vessel registration fees designated for use by
  265  the counties in subsection (1), $1 shall be remitted to the
  266  state for deposit into the Marine Resources Conservation Trust
  267  Fund to fund a grant program for public launching facilities
  268  pursuant to s. 206.606, giving priority consideration to
  269  counties with more than 35,000 registered vessels.
  270         (c)From the vessel registration fees designated for use by
  271  the counties in subsection (1), the following amounts shall be
  272  remitted to the state for deposit into the Marine Resources
  273  Conservation Trust Fund to fund derelict vessel removal grants,
  274  as appropriated by the legislature pursuant to s. 376.15:
  275         1.Class A-2: $0.25 for each 12-month period registered.
  276         2.Class 1: $2.06 for each 12-month period registered.
  277         3.Class 2: $9.26 for each 12-month period registered.
  278         4.Class 3: $16.45 for each 12-month period registered.
  279         5.Class 4: $20.06 for each 12-month period registered.
  280         6.Class 5: $25.46 for each 12-month period registered.
  281         (d)Any undisbursed balances identified pursuant to s.
  282  216.301, shall be available for reappropriation to fund the
  283  Florida Boating Improvement Program or public boating access in
  284  accordance with s. 206.06.
  285         Section 6. Paragraph (d) of subsection (3) of section
  286  376.15, Florida Statutes, is amended to read:
  287         376.15 Derelict vessels; relocation or removal from public
  288  waters.—
  289         (3)
  290         (d) The commission may establish a program to provide
  291  grants to local governments for the removal of derelict vessels
  292  from the public waters of the state. The program shall be funded
  293  from the Marine Resources Conservation Trust Fund or the Florida
  294  Coastal Protection Trust Fund. Notwithstanding the provisions in
  295  s. 216.181(11), funds available for grants may only be
  296  authorized by appropriations acts of the Legislature. In a given
  297  fiscal year, if all funds appropriated pursuant to this
  298  paragraph are not requested by and granted to local governments
  299  for the removal of derelict vessels by the end of the third
  300  quarter, the Fish and Wildlife Conservation Commission may use
  301  the remainder of the funds to remove, or to pay private
  302  contractors to remove, derelict vessels.
  303         Section 7. Subsection (6) is added to section 823.11,
  304  Florida Statutes, to read:
  305         823.11 Derelict vessels; relocation or removal; penalty.—
  306         (6)If an owner or a responsible party of a vessel
  307  determined to be derelict through an administrative or criminal
  308  proceeding has been charged by an officer of the commission or
  309  any law enforcement agency or officer as specified in s. 327.70
  310  under subsection (5) for a violation of subsection (2) or a
  311  violation of s. 376.15(2), a person may not reside or dwell on
  312  such vessel until the vessel is removed from the waters of the
  313  state permanently or returned to the waters of the state in a
  314  condition that is no longer derelict.
  315         Section 8. This act shall take effect July 1, 2019.
  316  
  317  ================= T I T L E  A M E N D M E N T ================
  318  And the title is amended as follows:
  319         Delete everything before the enacting clause
  320  and insert:
  321                        A bill to be entitled                      
  322         An act relating to vessels; amending s. 327.395, F.S.;
  323         revising boating safety identification requirements
  324         for certain persons; requiring any person who rents
  325         and operates certain vessels to have certain
  326         photographic and safety identification in his or her
  327         possession before operating the vessel; authorizing
  328         the commission to appoint certain persons to issue
  329         temporary certificates; authorizing the commission to
  330         issue boating safety identification cards tor
  331         temporary certificates in digital or electronic
  332         formats; authorizing the commission to appoint agents
  333         to administer and charge fees for the boating safety
  334         education course or temporary certificate examination;
  335         amending s. 327.4109, F.S.; defining a term; directing
  336         the Fish and Wildlife Conservation Commission to
  337         conduct, contingent upon appropriation, a specified
  338         study of the impacts of long-term stored vessels and
  339         certain anchored and moored vessels on local
  340         communities and the state and to submit a report to
  341         the Governor and Legislature within a specified
  342         timeframe; providing for expiration of the study
  343         requirements; amending s. 327.60, F.S.; authorizing
  344         certain counties to create no-discharge zones;
  345         providing requirements for discharge in specified
  346         areas outside the no-discharge zones; reenacting and
  347         amending s. 327.73, F.S., relating to noncriminal
  348         infractions; specifying the fines for violations
  349         related to no-discharge zones; amending s. 328.72,
  350         F.S.; revising the distribution of vessel registration
  351         fees to provide grants for derelict vessel removal;
  352         amending s. 376.15, F.S.; authorizing the commission
  353         to use certain funds to remove, or to pay private
  354         contractors to remove, derelict vessels; amending s.
  355         823.11, F.S.; prohibiting persons from residing or
  356         dwelling on certain derelict vessels until certain
  357         conditions are met; providing an effective date.