Bill Text: FL S0512 | 2011 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Vessels
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0512 Detail]
Download: Florida-2011-S0512-Introduced.html
Bill Title: Vessels
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Engrossed - Dead) 2011-05-04 - Ordered enrolled -SJ 851 [S0512 Detail]
Download: Florida-2011-S0512-Introduced.html
Florida Senate - 2011 SB 512 By Senator Negron 28-00703-11 2011512__ 1 A bill to be entitled 2 An act relating to vessels; amending s. 327.33, F.S.; 3 revising penalty provisions for violation of 4 navigation rules; providing that such violations that 5 do not constitute reckless operation of a vessel are 6 noncriminal violations; amending s. 327.73, F.S.; 7 providing for increased penalties for certain 8 noncriminal violations; deleting a duplicate 9 provision; amending s. 327.70, F.S.; conforming a 10 cross-reference to changes made by the act; reenacting 11 and amending s. 327.72, F.S., relating to penalties, 12 to incorporate changes made by the act in references 13 thereto; reenacting s. 327.731(1), F.S., relating to 14 mandatory education for violators, to incorporate 15 changes made by the act in references thereto; 16 providing an effective date. 17 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section 1. Subsection (3) of section 327.33, Florida 21 Statutes, is amended to read: 22 327.33 Reckless or careless operation of vessel.— 23 (3) Each person operating a vessel upon the waters of this 24 state shall comply with the navigation rules. 25(a) A person whose violation of the navigation rules26results in a boating accident, but whose violation did not27constitute reckless operation of a vessel, is guilty of a28misdemeanor of the second degree, punishable as provided in s.29775.082or s.775.083.30 (a)(b)A person who violateswhose violation ofthe 31 navigation rules and the violationdoes not result in a boating32accident anddoes not constitute reckless operation of a vessel 33 commitsis guilty ofa noncriminal violation as defined in s. 34 775.08, punishable as provided in s. 327.73. 35 (b)(c)Law enforcement vessels may deviate from the 36 navigational rules when such diversion is necessary to the 37 performance of their duties and when such deviation may be 38 safely accomplished. 39 Section 2. Subsections (1) and (5) of section 327.73, 40 Florida Statutes, are amended to read: 41 327.73 Noncriminal infractions.— 42 (1) Violations of the following provisions of the vessel 43 laws of this state are noncriminal infractions: 44 (a) Section 328.46, relating to operation of unregistered 45 and unnumbered vessels. 46 (b) Section 328.48(4), relating to display of number and 47 possession of registration certificate. 48 (c) Section 328.48(5), relating to display of decal. 49 (d) Section 328.52(2), relating to display of number. 50 (e) Section 328.54, relating to spacing of digits and 51 letters of identification number. 52 (f) Section 328.60, relating to military personnel and 53 registration of vessels. 54 (g) Section 328.72(13), relating to operation with an 55 expired registration. 56 (h) Section 327.33(2), relating to careless operation. 57 (i) Section 327.37, relating to water skiing, aquaplaning, 58 parasailing, and similar activities. 59 (j) Section 327.44, relating to interference with 60 navigation. 61 (k) Violations relating to boating-restricted areas and 62 speed limits: 63 1. Established by the commission or by local governmental 64 authorities pursuant to s. 327.46. 65 2. Speed limits established pursuant to s. 379.2431(2). 66 (l) Section 327.48, relating to regattas and races. 67 (m) Section 327.50(1) and (2), relating to required safety 68 equipment, lights, and shapes. 69 (n) Section 327.65, relating to muffling devices. 70 (o) Section 327.33(3)(b), relating to navigation rules, for 71 which the penalty is: 72 1. For a first offense, up to a maximum of $500. 73 2. For a second offense, up to a maximum of $750. 74 3. For a third or subsequent offense, up to a maximum of 75 $1,000. 76 (p) Section 327.39(1), (2), (3), and (5), relating to 77 personal watercraft. 78 (q) Section 327.53(1), (2), and (3), relating to marine 79 sanitation. 80 (r) Section 327.53(4), (5), and (7), relating to marine 81 sanitation, for which the civil penalty is $250. 82 (s) Section 327.395, relating to boater safety education. 83 (t) Section 327.52(3), relating to operation of overloaded 84 or overpowered vessels. 85 (u) Section 327.331, relating to divers-down flags, except 86 for violations meeting the requirements of s. 327.33. 87 (v) Section 327.391(1), relating to the requirement for an 88 adequate muffler on an airboat. 89 (w) Section 327.391(3), relating to the display of a flag 90 on an airboat. 91 (x) Section 253.04(3)(a), relating to carelessly causing 92 seagrass scarring, for which the civil penalty upon conviction 93 is: 94 1. For a first offense, $50. 95 2. For a second offense occurring within 12 months after a 96 prior conviction, $250. 97 3. For a third offense occurring within 36 months after a 98 prior conviction, $500. 99 4. For a fourth or subsequent offense occurring within 72 100 months after a prior conviction, $1,000. 101 102 Any person cited for a violation of any such provision shall be 103 deemed to be charged with a noncriminal infraction, shall be 104 cited for such an infraction, and shall be cited to appear 105 before the county court. The civil penalty for any such 106 infraction is $50, except as otherwise provided in this section. 107 Any person who fails to appear or otherwise properly respond to 108 a uniform boating citation shall, in addition to the charge 109 relating to the violation of the boating laws of this state, be 110 charged with the offense of failing to respond to such citation 111 and, upon conviction, be guilty of a misdemeanor of the second 112 degree, punishable as provided in s. 775.082 or s. 775.083. A 113 written warning to this effect shall be provided at the time 114 such uniform boating citation is issued. 115 116Any person cited for a violation of any such provision shall be117deemed to be charged with a noncriminal infraction, shall be118cited for such an infraction, and shall be cited to appear119before the county court. The civil penalty for any such120infraction is $50, except as otherwise provided in this section.121Any person who fails to appear or otherwise properly respond to122a uniform boating citation shall, in addition to the charge123relating to the violation of the boating laws of this state, be124charged with the offense of failing to respond to such citation125and, upon conviction, be guilty of a misdemeanor of the second126degree, punishable as provided in s.775.082or s.775.083. A127written warning to this effect shall be provided at the time128such uniform boating citation is issued.129 (5) Any person electing to appear before the county court 130 or who is required so to appear shall be deemed to have waived 131 the limitations on the civil penalty specified in subsection 132 (1). The court, after a hearing, shall make a determination as 133 to whether an infraction has been committed. If the commission 134 of an infraction has been proven, the court may impose a civil 135 penalty not to exceed $500 or a higher amount specified in 136 subsection (1). 137 Section 3. Subsection (2) of section 327.70, Florida 138 Statutes, is amended to read: 139 327.70 Enforcement of this chapter and chapter 328.— 140 (2)(a) Noncriminal violations of the following statutes may 141 be enforced by a uniform boating citation mailed to the 142 registered owner of an unattended vessel anchored, aground, or 143 moored on the waters of this state: 144 1. Section 327.33(3)(b), relating to navigation rules. 145 2. Section 327.44, relating to interference with 146 navigation. 147 3. Section 327.50(2), relating to required lights and 148 shapes. 149 4. Section 327.53, relating to marine sanitation. 150 5. Section 328.48(5), relating to display of decal. 151 6. Section 328.52(2), relating to display of number. 152 (b) Citations issued to livery vessels under this 153 subsection shall be the responsibility of the lessee of the 154 vessel if the livery has included a warning of this 155 responsibility as a part of the rental agreement and has 156 provided to the agency issuing the citation the name, address, 157 and date of birth of the lessee when requested by that agency. 158 The livery is not responsible for the payment of citations if 159 the livery provides the required warning and lessee information. 160 Section 4. For the purpose of incorporating the amendment 161 made by this act to section 327.73, Florida Statutes, in a 162 reference thereto, section 327.72, Florida Statutes, is 163 reenacted and amended to read: 164 327.72 Penalties.—Any person failing to comply with the 165 provisions of this chapter or chapter 328 not specified in s. 166 327.73 or not paying the civil penalty specified in s. 327.73 167said sectionwithin 30 days, except as otherwise provided in 168 this chapter or chapter 328, commits a misdemeanor of the second 169 degree, punishable as provided in s. 775.082 or s. 775.083. 170 Section 5. For the purpose of incorporating the amendment 171 made by this act to section 327.73, Florida Statutes, in a 172 reference thereto, subsection (1) of section 327.731, Florida 173 Statutes, is reenacted to read: 174 327.731 Mandatory education for violators.— 175 (1) Every person convicted of a criminal violation of this 176 chapter, every person convicted of a noncriminal infraction 177 under this chapter if the infraction resulted in a reportable 178 boating accident, and every person convicted of two noncriminal 179 infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p), 180 and (s)-(x), said infractions occurring within a 12-month 181 period, must: 182 (a) Enroll in, attend, and successfully complete, at his or 183 her own expense, a boating safety course that meets minimum 184 standards established by the commission by rule; however, the 185 commission may provide by rule pursuant to chapter 120 for 186 waivers of the attendance requirement for violators residing in 187 areas where classroom presentation of the course is not 188 available; 189 (b) File with the commission within 90 days proof of 190 successful completion of the course; 191 (c) Refrain from operating a vessel until he or she has 192 filed the proof of successful completion of the course with the 193 commission. 194 195 Any person who has successfully completed an approved boating 196 course shall be exempt from these provisions upon showing proof 197 to the commission as specified in paragraph (b). 198 Section 6. This act shall take effect October 1, 2011.