Florida Senate - 2020 SB 1786 By Senator Stewart 13-01531-20 20201786__ 1 A bill to be entitled 2 An act relating to vessel safety; amending s. 327.33, 3 F.S.; prohibiting a vessel operator from endangering 4 the life, limb, or property of another person by 5 allowing passengers to ride on the bow of the vessel; 6 providing that careless operation includes causing 7 wake to law enforcement vessels under certain 8 circumstances; reenacting ss. 327.39(4) and 9 327.73(1)(h), F.S., relating to the regulation of 10 personal watercrafts and noncriminal infractions for 11 violating vessel laws of this state, respectively, to 12 incorporate the amendment made to s. 327.33, F.S., in 13 references thereto; providing an effective date. 14 15 Be It Enacted by the Legislature of the State of Florida: 16 17 Section 1. Subsection (2) of section 327.33, Florida 18 Statutes, is amended to read: 19 327.33 Reckless or careless operation of vessel.— 20 (2) A person who operates any vessel upon the waters of 21 this state shall operate the vessel in a reasonable and prudent 22 manner, having regard for other waterborne traffic, posted speed 23 and wake restrictions, and all other attendant circumstances so 24 as not to endanger the life, limb, or property of another person 25 outside the vessel or to endanger the life, limb, or property of 26 another person due to vessel overloading, allowing passengers to 27 ride on the bow of the vessel, or excessive speed. The failure 28 to operate a vessel in a manner described in this subsection 29 constitutes careless operation. Careless operation of a vessel 30 also includes causing vessel wake that affects a law enforcement 31 vessel that has stopped upon the waters of this state with its 32 emergency lights activated. However, vessel wake and shoreline 33 wash resulting from the reasonable and prudent operation of a 34 vessel, absent negligence, does not constitute damage or 35 endangerment to property. A person who violates this subsection 36 commits a noncriminal violation as defined in s. 775.08. 37 Section 2. For the purpose of incorporating the amendment 38 made by this act to section 327.33, Florida Statutes, in a 39 reference thereto, subsection (4) of section 327.39, Florida 40 Statutes, is reenacted to read: 41 327.39 Personal watercraft regulated.— 42 (4) A personal watercraft must at all times be operated in 43 a reasonable and prudent manner. Maneuvers which unreasonably or 44 unnecessarily endanger life, limb, or property, including, but 45 not limited to, weaving through congested vessel traffic, 46 jumping the wake of another vessel unreasonably or unnecessarily 47 close to such other vessel or when visibility around such other 48 vessel is obstructed, and swerving at the last possible moment 49 to avoid collision shall constitute reckless operation of a 50 vessel, as provided in s. 327.33(1). Any person operating a 51 personal watercraft must comply with the provisions of s. 52 327.33. 53 Section 3. For the purpose of incorporating the amendment 54 made by this act to section 327.33, Florida Statutes, in a 55 reference thereto, paragraph (h) of subsection (1) of section 56 327.73, Florida Statutes, is reenacted to read: 57 327.73 Noncriminal infractions.— 58 (1) Violations of the following provisions of the vessel 59 laws of this state are noncriminal infractions: 60 (h) Section 327.33(2), relating to careless operation. 61 62 Any person cited for a violation of any provision of this 63 subsection shall be deemed to be charged with a noncriminal 64 infraction, shall be cited for such an infraction, and shall be 65 cited to appear before the county court. The civil penalty for 66 any such infraction is $50, except as otherwise provided in this 67 section. Any person who fails to appear or otherwise properly 68 respond to a uniform boating citation shall, in addition to the 69 charge relating to the violation of the boating laws of this 70 state, be charged with the offense of failing to respond to such 71 citation and, upon conviction, be guilty of a misdemeanor of the 72 second degree, punishable as provided in s. 775.082 or s. 73 775.083. A written warning to this effect shall be provided at 74 the time such uniform boating citation is issued. 75 Section 4. This act shall take effect July 1, 2020.