Florida Senate - 2021                                    SB 1658
       
       
        
       By Senator Bradley
       
       
       
       
       
       5-01601-21                                            20211658__
    1                        A bill to be entitled                      
    2         An act relating to power-driven vessel safety
    3         requirements; providing a short title; creating s.
    4         327.396, F.S.; prohibiting sitting in a specified
    5         manner upon the bow, transom, or gunwale of a power
    6         driven vessel while the vessel is making way;
    7         prohibiting a power-driven vessel operator from
    8         allowing a person to sit in such a way; defining
    9         terms; providing a noncriminal infraction; amending s.
   10         327.73, F.S.; providing a noncriminal infraction for
   11         violations relating to power-driven vessel safety
   12         requirements; providing an effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. This act may be cited as the “Limb Preservation
   17  Act.”
   18         Section 2. Section 327.396, Florida Statutes, is created to
   19  read:
   20         327.396 Power-driven vessel safety requirements.—
   21         (1) A person may not sit upon the bow, transom, or gunwale
   22  of a power-driven vessel with any portion of his or her foot or
   23  leg over the uppermost outside edge of the vessel while the
   24  vessel is making way.
   25         (2) The operator of a power-driven vessel may not allow a
   26  person to sit upon the bow, transom, or gunwale of the vessel
   27  with any portion of his or her foot or leg over the uppermost
   28  outside edge of the vessel while the vessel is making way.
   29         (3) As used in this section, the term:
   30         (a) “Making way” means moving relative to the surface of
   31  the water as a result of a power-driven vessel’s machinery.
   32         (b) “Power-driven vessel” means a vessel propelled by
   33  machinery.
   34         (4) A person who violates this section commits a
   35  noncriminal infraction, punishable as provided in s. 327.73.
   36         Section 3. Paragraph (cc) is added to subsection (1) of
   37  section 327.73, Florida Statutes, to read:
   38         327.73 Noncriminal infractions.—
   39         (1) Violations of the following provisions of the vessel
   40  laws of this state are noncriminal infractions:
   41         (cc) Section 327.396, relating to power-driven vessel
   42  safety requirements.
   43  
   44  Any person cited for a violation of any provision of this
   45  subsection shall be deemed to be charged with a noncriminal
   46  infraction, shall be cited for such an infraction, and shall be
   47  cited to appear before the county court. The civil penalty for
   48  any such infraction is $50, except as otherwise provided in this
   49  section. Any person who fails to appear or otherwise properly
   50  respond to a uniform boating citation shall, in addition to the
   51  charge relating to the violation of the boating laws of this
   52  state, be charged with the offense of failing to respond to such
   53  citation and, upon conviction, be guilty of a misdemeanor of the
   54  second degree, punishable as provided in s. 775.082 or s.
   55  775.083. A written warning to this effect shall be provided at
   56  the time such uniform boating citation is issued.
   57         Section 4. This act shall take effect July 1, 2021.