Bill Text: FL S0606 | 2022 | Regular Session | Enrolled

Bill Title: Boating Safety

Spectrum: Bipartisan Bill

Status: (Enrolled) 2022-06-09 - Signed by Officers and presented to Governor [S0606 Detail]

Download: Florida-2022-S0606-Enrolled.html
       2022 Legislature                    CS for SB 606, 2nd Engrossed
    2         An act relating to boating safety; providing a short
    3         title; amending s. 327.30, F.S.; authorizing a court
    4         to impose a specified fine for certain boating
    5         collisions and accidents; requiring such fines to be
    6         deposited into the Marine Resources Conservation Trust
    7         Fund for specified purposes; defining terms; amending
    8         s. 327.395, F.S.; requiring certain boating safety
    9         education courses and temporary certificate
   10         examinations to include specified components;
   11         directing the Fish and Wildlife Conservation
   12         Commission to include such components in boating
   13         safety education campaigns and certain educational
   14         materials; amending s. 327.50, F.S.; requiring
   15         operators of vessels used in the instruction of water
   16         sports and activities to use engine cutoff switches
   17         and wear operative links to the switches under certain
   18         conditions; amending s. 327.54, F.S.; defining terms;
   19         prohibiting liveries from offering a vessel for lease
   20         or rent without a livery permit; specifying
   21         requirements and qualifications for the permit;
   22         authorizing the Fish and Wildlife Conservation
   23         Commission to adopt rules; providing penalties for
   24         permit violations; revising the conditions under which
   25         a livery may not knowingly lease or rent a vessel;
   26         requiring a person receiving safety instruction to
   27         provide the livery with a specified signed
   28         attestation; requiring a written agreement between a
   29         livery and a renter or lessee; providing requirements
   30         for such agreement; requiring a livery to notify law
   31         enforcement of overdue rentals or leases under certain
   32         circumstances; prohibiting a livery from knowingly
   33         leasing or renting a livery vessel to certain persons;
   34         providing an exception; revising livery insurance
   35         requirements; providing applicability; requiring
   36         specified boating safety education courses for certain
   37         instructors; requiring liveries to report certain
   38         accidents to the Division of Law Enforcement of the
   39         commission; requiring liveries to make facilities and
   40         records available to law enforcement upon notice;
   41         providing penalties for violations and additional
   42         penalties for subsequent violations; prohibiting
   43         certain violators from acting as a livery for a
   44         specified timeframe after such a violation;
   45         authorizing the commission, beginning on a specified
   46         date, to revoke or refuse to issue permits for
   47         repeated violations; amending s. 327.73, F.S.;
   48         increasing fines for violations of certain boating
   49         regulations; providing fines for improper transfers of
   50         title and failures to update vessel registration
   51         information; authorizing certain fees and penalties
   52         deposited into the Marine Resources Conservation Trust
   53         Fund to be used for law enforcement purposes; amending
   54         s. 327.731, F.S.; imposing a fine for persons
   55         convicted of certain criminal or noncriminal
   56         infractions; providing for the deposit of such fines
   57         into the Marine Resources Conservation Trust Fund;
   58         requiring the commission to maintain a program to
   59         ensure compliance with certain boating safety
   60         education requirements; specifying requirements for
   61         the program; amending s. 328.03, F.S.; providing that
   62         an improper transfer of vessel title is subject to a
   63         civil penalty; amending s. 328.48, F.S.; requiring
   64         that the address provided in a vessel registration
   65         application and a certificate of registration be a
   66         physical residential or business address; authorizing
   67         the commission to accept post office box addresses in
   68         lieu of the physical residential or business address;
   69         providing that a person who fails to update his or her
   70         vessel registration information within a specified
   71         timeframe is subject to a civil penalty; providing
   72         effective dates.
   74  Be It Enacted by the Legislature of the State of Florida:
   76         Section 1. This act may be cited as the “Boating Safety Act
   77  of 2022.”
   78         Section 2. Subsection (7) is added to section 327.30,
   79  Florida Statutes, to read:
   80         327.30 Collisions, accidents, and casualties.—
   81         (7)In addition to any other penalty provided by law, a
   82  court may order a person convicted of a violation of this
   83  section or of any rule adopted or order issued by the commission
   84  pursuant to this section to pay an additional fine of up to
   85  $1,000 per violation. All fines assessed and collected pursuant
   86  to this subsection shall be remitted by the clerk of the court
   87  to the Department of Revenue to be deposited into the Marine
   88  Resources Conservation Trust Fund to be used to enhance state
   89  and local law enforcement activities related to boating
   90  infractions. As used in this subsection, the terms “convicted”
   91  and “conviction” mean any judicial disposition other than
   92  acquittal or dismissal.
   93         Section 3. Effective October 1, 2022, subsection (4) of
   94  section 327.395, Florida Statutes, is amended to read:
   95         327.395 Boating safety education.—
   96         (4) A commission-approved boating safety education course
   97  or temporary certificate examination developed or approved by
   98  the commission must include components a component regarding:
   99  	(a) Diving vessels, awareness of divers in the water,
  100  divers-down warning devices, and the requirements of s. 327.331.
  101         (b) The danger associated with:
  102         1. A passenger riding on a seat back, gunwale, transom,
  103  bow, motor cover, or any other vessel area not designed and
  104  designated by the manufacturer for seating.
  105         2. A passenger falling overboard.
  106         3. Operating a vessel with a person in the water near the
  107  vessel.
  108         4. Starting a vessel with the engine in gear.
  109         5. Leaving the vessel running when a passenger is boarding
  110  or disembarking.
  111         (c) The proper use and lifesaving benefits of an engine
  112  cutoff switch for motorboats and personal watercraft.
  114  The commission must include the components under this subsection
  115  in boating safety education campaigns and in educational
  116  materials produced by the commission, as appropriate.
  117         Section 4. Effective October 1, 2022, subsection (4) is
  118  added to section 327.50, Florida Statutes, to read:
  119         327.50 Vessel safety regulations; equipment and lighting
  120  requirements.—
  121         (4) The operator of a vessel used in the instruction of a
  122  water sport or activity must use an engine cutoff switch and
  123  wear an operative link to the switch when a person participating
  124  in the water sport or activity is in the water.
  125         Section 5. Effective January 1, 2023, section 327.54,
  126  Florida Statutes, is amended to read:
  127         327.54 Liveries; safety regulations; penalty.—
  128         (1) As used in this section, the term:
  129         (a)“Advertise” means to describe or draw attention to a
  130  vessel and its availability for lease or rental in any medium
  131  for the purpose of promoting the lease or rental of the vessel.
  132         (b)“Conviction” means any judicial disposition other than
  133  acquittal or dismissal.
  134         (c)“Livery” means a person who advertises and offers a
  135  livery vessel for use by another in exchange for any type of
  136  consideration when such person does not also provide the lessee
  137  or renter with a captain, a crew, or any type of staff or
  138  personnel to operate, oversee, maintain, or manage the vessel.
  139  The owner of a vessel who does not advertise his or her vessel
  140  for use by another for consideration and who loans or offers his
  141  or her vessel for use to another known to him or her either for
  142  consideration or without consideration is not a livery. A public
  143  or private school or postsecondary institution located within
  144  this state is not a livery. A vessel rented or leased by a
  145  livery is a livery vessel as defined in s. 327.02.
  146         (d)“Seaworthy” means the vessel and all of its parts and
  147  equipment, including, but not limited to, engines, bilge pumps,
  148  and kill switches, are functional and reasonably fit for their
  149  intended purpose.
  150         (2)A livery may not offer a vessel for lease or rent
  151  without first being issued a no-cost livery permit by the
  152  commission. The permit must be renewed annually. To qualify for
  153  issuance or renewal of a livery permit, an applicant must
  154  provide the commission with a list of all vessels offered by the
  155  livery for lease or rent by another, have valid insurance
  156  pursuant to subsection (7), have an amount of United States
  157  Coast Guard-approved lawful personal floatation devices on site
  158  sufficient to accommodate the capacity of all vessels offered by
  159  the livery for rent or lease by another, have on site all safety
  160  equipment required by s. 327.50 and the Code of Federal
  161  Regulations sufficient to equip all vessels offered by the
  162  livery for rent or lease by another, and display the information
  163  required by paragraph (3)(f). If, before the annual renewal of
  164  the permit, the information required by this subsection changes,
  165  the livery must provide the commission with the updated
  166  information within 10 days after the change.
  167         (a)The commission may adopt rules to implement this
  168  subsection.
  169         (b)A person who violates this subsection commits a
  170  misdemeanor of the first degree, punishable as provided in s.
  171  775.082 or s. 775.083.
  172         (3) A livery may not knowingly lease, hire, or rent a
  173  vessel to any person:
  174         (a) When the number of persons intending to use the vessel
  175  exceeds the number considered to constitute a maximum safety
  176  load for the vessel as specified on the authorized persons
  177  capacity plate of the vessel.
  178         (b) When the horsepower of the motor exceeds the capacity
  179  of the vessel.
  180         (c) When the vessel does not contain the required safety
  181  equipment required under s. 327.50.
  182         (d) When the vessel is not seaworthy, is a derelict vessel
  183  as defined in s. 823.11, or is at risk of becoming derelict as
  184  provided in s. 327.4107.
  185         (e) When the vessel is equipped with a motor of 10
  186  horsepower or greater, Unless the livery provides pre-rental
  187  prerental or pre-ride preride instruction in compliance with
  188  rules established by the commission.
  189         1.The instruction must include that includes, but need not
  190  be limited to:
  191         a.1. Operational characteristics of the vessel to be
  192  rented.
  193         b.2. Safe vessel operation and vessel right-of-way.
  194         c.3. The responsibility of the vessel operator for the safe
  195  and proper operation of the vessel.
  196         d.4. Local characteristics of the waterway where the vessel
  197  will be operated, such as navigational hazards, the presence of
  198  boating-restricted areas, and water depths.
  199         e.Emergency procedures, such as appropriate responses to
  200  capsizing, falls overboard, taking on water, and vessel
  201  accidents.
  202         2. Any person receiving instruction in the safe handling of
  203  livery vessels pursuant to this paragraph must provide the
  204  livery with a written statement attesting to each component of
  205  the instruction.
  206         a.The commission shall establish by rule the content of
  207  the statement form.
  208         b.The statement form must be signed by the individual
  209  providing the instruction.
  210         c.The livery shall maintain the statement form for no less
  211  than 90 days and, upon request, make the form available for
  212  inspection by law enforcement.
  214  Any person delivering the information specified in this
  215  paragraph must have successfully completed a boater safety
  216  course approved by the National Association of State Boating Law
  217  Administrators and this state.
  218         (f) Unless the livery displays boating safety information
  219  in a place visible to the renting public. The commission shall
  220  prescribe by rule, pursuant to chapter 120, the contents and
  221  size of the boating safety information to be displayed.
  222         (g)Unless the livery has a written agreement with the
  223  renter or lessee. The written agreement must include the name,
  224  address, and date of birth for the renter and the number of
  225  people aboard the vessel, as well as the time the vessel is
  226  required to be returned to the livery or another specified
  227  location and an emergency contact name, address, and telephone
  228  number. The livery shall maintain each agreement for no less
  229  than 1 year and, upon request, make each agreement available for
  230  inspection by law enforcement.
  231         (4)(2) A livery may not knowingly lease, hire, or rent a
  232  vessel to a person who is required to comply with s. 327.395
  233  unless such person presents to the livery the documentation
  234  required by s. 327.395(2) for the operation of a vessel or meets
  235  the exemption provided under s. 327.395(6)(f).
  236         (5)(3) If a vessel rented or leased by a livery is
  237  unnecessarily overdue more than 4 hours after the contracted
  238  vessel rental time has expired, the livery must shall notify law
  239  enforcement the proper authorities.
  240         (6)(4)(a) A livery may not knowingly lease, hire, or rent a
  241  livery vessel, other than a human-powered vessel, personal
  242  watercraft to any person who is under 18 years of age.
  243         (b) A livery may not knowingly lease, hire, or rent a
  244  personal watercraft to any person who has not received
  245  instruction in the safe handling of personal watercraft, in
  246  compliance with rules established by the commission pursuant to
  247  chapter 120.
  248         (c) Any person receiving instruction in the safe handling
  249  of personal watercraft pursuant to a program established by rule
  250  of the commission must provide the livery with a written
  251  statement attesting to the same.
  252         (7)(5) A livery may not lease, hire, or rent any personal
  253  watercraft or offer to lease, hire, or rent any livery vessel
  254  personal watercraft unless the livery first obtains and carries
  255  in full force and effect a policy from a licensed insurance
  256  carrier in this state which insures the livery and the renter,
  257  insuring against any accident, loss, injury, property damage, or
  258  other casualty caused by or resulting from the operation of the
  259  livery vessel personal watercraft. The insurance policy must
  260  shall provide coverage of at least $500,000 per person and $1
  261  million per event. The livery shall must have proof of such
  262  insurance available for inspection at the location where livery
  263  vessels personal watercraft are being leased, hired, or rented,
  264  or offered for lease, hire, or rent, and shall provide to each
  265  renter the insurance carrier’s name and address and the
  266  insurance policy number. This subsection does not apply to
  267  human-powered vessels.
  268         (8)Notwithstanding the person’s age or any exemptions
  269  provided in s. 327.395, any person delivering instruction
  270  regarding the safe operation of vessels or pre-rental or pre
  271  ride instruction in accordance with subsection (3) must have
  272  successfully completed a boating safety education course
  273  approved by the National Association of State Boating Law
  274  Administrators and this state.
  275         (9)If a vessel rented or leased by a livery is involved in
  276  an accident, the livery must report the accident to the
  277  division.
  278         (10)A livery shall make its facilities and records
  279  available for inspection upon request by law enforcement no
  280  later than 24 hours after receiving notice from law enforcement.
  281         (11)(a)(6) Any person convicted of violating this section,
  282  other than subsection (2), who has not been convicted of a
  283  violation of this section within the past 3 years commits a
  284  misdemeanor of the second degree, punishable as provided in s.
  285  775.082 or s. 775.083.
  286         (b)Unless the stricter penalties in paragraph (c) apply, a
  287  person who violates this section, other than subsection (2),
  288  within 3 years after a previous conviction of a violation of
  289  this section commits a misdemeanor of the first degree,
  290  punishable as provided in s. 775.082 or s. 775.083, with a
  291  minimum mandatory fine of $500.
  292         (c)A person who violates this section, other than
  293  subsection (2), within 5 years after two previous convictions
  294  for a violation of this section commits a misdemeanor of the
  295  first degree, punishable as provided in s. 775.082 or s.
  296  775.083, with a minimum mandatory fine of $1,000.
  297         (12)A person who commits more than one violation of this
  298  section, other than subsection (2), within a 3-year period may
  299  not act as a livery during a 90-day period immediately after
  300  being charged with that violation. The commission may revoke or
  301  refuse to issue a permit under subsection (2) based on repeated
  302  violations of this section.
  303         Section 6. Subsections (1) and (8) of section 327.73,
  304  Florida Statutes, are amended to read:
  305         327.73 Noncriminal infractions.—
  306         (1) Violations of the following provisions of the vessel
  307  laws of this state are noncriminal infractions:
  308         (a) Section 328.46, relating to operation of unregistered
  309  and unnumbered vessels.
  310         (b) Section 328.48(4), relating to display of number and
  311  possession of registration certificate.
  312         (c) Section 328.48(5), relating to display of decal.
  313         (d) Section 328.52(2), relating to display of number.
  314         (e) Section 328.54, relating to spacing of digits and
  315  letters of identification number.
  316         (f) Section 328.60, relating to military personnel and
  317  registration of vessels.
  318         (g) Section 328.72(13), relating to operation with an
  319  expired registration, for which the penalty is:
  320         1. For a first or subsequent offense of s. 328.72(13)(a),
  321  up to a maximum of $100 $50.
  322         2. For a first offense of s. 328.72(13)(b), up to a maximum
  323  of $250.
  324         3. For a second or subsequent offense of s. 328.72(13)(b),
  325  up to a maximum of $500. Any person cited for a noncriminal
  326  infraction under this subparagraph may not have the provisions
  327  of paragraph (4)(a) available to him or her but must appear
  328  before the designated official at the time and location of the
  329  scheduled hearing.
  330         (h) Section 327.33(2), relating to careless operation.
  331         (i) Section 327.37, relating to water skiing, aquaplaning,
  332  parasailing, and similar activities.
  333         (j) Section 327.44, relating to interference with
  334  navigation.
  335         (k) Violations relating to boating-restricted areas and
  336  speed limits:
  337         1. Established by the commission or by local governmental
  338  authorities pursuant to s. 327.46.
  339         2. Speed limits established pursuant to s. 379.2431(2).
  340         (l) Section 327.48, relating to regattas and races.
  341         (m) Section 327.50(1) and (2), relating to required safety
  342  equipment, lights, and shapes.
  343         (n) Section 327.65, relating to muffling devices.
  344         (o) Section 327.33(3)(b), relating to a violation of
  345  navigation rules:
  346         1. That does not result in an accident; or
  347         2. That results in an accident not causing serious bodily
  348  injury or death, for which the penalty is:
  349         a. For a first offense, up to a maximum of $500 $250.
  350         b. For a second offense, up to a maximum of $1,000 $750.
  351         c. For a third or subsequent offense, up to a maximum of
  352  $1,500 $1,000.
  353         (p) Section 327.39(1), (2), (3), and (5), relating to
  354  personal watercraft.
  355         (q) Section 327.53(1), (2), (3), and (8), relating to
  356  marine sanitation.
  357         (r) Section 327.53(4), (5), and (7), relating to marine
  358  sanitation, and s. 327.60, relating to no-discharge zones, for
  359  which the civil penalty is $250.
  360         (s) Section 327.395, relating to boater safety education.
  361  However, a person cited for violating the requirements of s.
  362  327.395 relating to failure to have required proof of boating
  363  safety education in his or her possession may not be convicted
  364  if, before or at the time of a county court hearing, the person
  365  produces proof of the boating safety education identification
  366  card or temporary certificate for verification by the hearing
  367  officer or the court clerk and the identification card or
  368  temporary certificate was valid at the time the person was
  369  cited.
  370         (t) Section 327.52(3), relating to operation of overloaded
  371  or overpowered vessels.
  372         (u) Section 327.331, relating to divers-down warning
  373  devices, except for violations meeting the requirements of s.
  374  327.33.
  375         (v) Section 327.391(1), relating to the requirement for an
  376  adequate muffler on an airboat.
  377         (w) Section 327.391(3), relating to the display of a flag
  378  on an airboat.
  379         (x) Section 253.04(3)(a), relating to carelessly causing
  380  seagrass scarring, for which the civil penalty upon conviction
  381  is:
  382         1. For a first offense, $100 $50.
  383         2. For a second offense occurring within 12 months after a
  384  prior conviction, $250.
  385         3. For a third offense occurring within 36 months after a
  386  prior conviction, $500.
  387         4. For a fourth or subsequent offense occurring within 72
  388  months after a prior conviction, $1,000.
  389         (y) Section 327.45, relating to protection zones for
  390  springs, for which the penalty is:
  391         1. For a first offense, $100 $50.
  392         2. For a second offense occurring within 12 months after a
  393  prior conviction, $250.
  394         3. For a third offense occurring within 36 months after a
  395  prior conviction, $500.
  396         4. For a fourth or subsequent offense occurring within 72
  397  months after a prior conviction, $1,000.
  398         (z) Section 327.4108, relating to the anchoring of vessels
  399  in anchoring limitation areas, for which the penalty is:
  400         1. For a first offense, up to a maximum of $100 $50.
  401         2. For a second offense, up to a maximum of $250 $100.
  402         3. For a third or subsequent offense, up to a maximum of
  403  $500 $250.
  404         (aa) Section 327.4107, relating to vessels at risk of
  405  becoming derelict on waters of this state, for which the civil
  406  penalty is:
  407         1. For a first offense, $100.
  408         2. For a second offense occurring 30 days or more after a
  409  first offense, $250.
  410         3. For a third or subsequent offense occurring 30 days or
  411  more after a previous offense, $500.
  413  A vessel that is the subject of three or more violations issued
  414  pursuant to the same paragraph of s. 327.4107(2) within an 18
  415  month period which result in dispositions other than acquittal
  416  or dismissal shall be declared to be a public nuisance and
  417  subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
  418  an officer of the commission, or a law enforcement agency or
  419  officer specified in s. 327.70 may relocate, remove, or cause to
  420  be relocated or removed such public nuisance vessels from waters
  421  of this state. The commission, an officer of the commission, or
  422  a law enforcement agency or officer acting pursuant to this
  423  paragraph upon waters of this state shall be held harmless for
  424  all damages to the vessel resulting from such relocation or
  425  removal unless the damage results from gross negligence or
  426  willful misconduct as these terms are defined in s. 823.11.
  427         (bb) Section 327.4109, relating to anchoring or mooring in
  428  a prohibited area, for which the penalty is:
  429         1. For a first offense, up to a maximum of $100 $50.
  430         2. For a second offense, up to a maximum of $250 $100.
  431         3. For a third or subsequent offense, up to a maximum of
  432  $500 $250.
  433         (cc) Section 327.463(4)(a) and (b), relating to vessels
  434  creating special hazards, for which the penalty is:
  435         1. For a first offense, $100 $50.
  436         2. For a second offense occurring within 12 months after a
  437  prior offense, $250 $100.
  438         3. For a third offense occurring within 36 months after a
  439  prior offense, $500 $250.
  440         (dd) Section 327.371, relating to the regulation of human
  441  powered vessels.
  442         (ee)Section 328.03, relating to an improper transfer of
  443  title, for which the penalty is up to a maximum of $500.
  444         (ff)Section 328.48(9), relating to the failure to update
  445  vessel registration information, for which the penalty is up to
  446  a maximum of $500.
  448  Any person cited for a violation of any provision of this
  449  subsection shall be deemed to be charged with a noncriminal
  450  infraction, shall be cited for such an infraction, and shall be
  451  cited to appear before the county court. The civil penalty for
  452  any such infraction is $100 $50, except as otherwise provided in
  453  this section. Any person who fails to appear or otherwise
  454  properly respond to a uniform boating citation shall, in
  455  addition to the charge relating to the violation of the boating
  456  laws of this state, must be charged with the offense of failing
  457  to respond to such citation and, upon conviction, be guilty of a
  458  misdemeanor of the second degree, punishable as provided in s.
  459  775.082 or s. 775.083. A written warning to this effect shall be
  460  provided at the time such uniform boating citation is issued.
  461         (8) All fees and civil penalties assessed and collected
  462  pursuant to this section shall be remitted by the clerk of the
  463  court to the Department of Revenue to be deposited into the
  464  Marine Resources Conservation Trust Fund for boating safety
  465  education or law enforcement purposes.
  466         Section 7. Subsection (1) of section 327.731, Florida
  467  Statutes, is amended, and subsection (4) is added to that
  468  section, to read:
  469         327.731 Mandatory education for violators.—
  470         (1) A person convicted of a criminal violation under this
  471  chapter, convicted of a noncriminal infraction under this
  472  chapter if the infraction resulted in a reportable boating
  473  accident, or convicted of two noncriminal infractions as
  474  specified in s. 327.73(1)(h)-(k), (m), (o), (p), and (s)-(y),
  475  the said infractions occurring within a 12-month period, must:
  476         (a) Enroll in, attend, and successfully complete, at his or
  477  her own expense, a classroom or online boating safety course
  478  that is approved by and meets the minimum standards established
  479  by commission rule;
  480         (b) File with the commission within 90 days proof of
  481  successful completion of the course; and
  482         (c) Refrain from operating a vessel until he or she has
  483  filed proof of successful completion of the course with the
  484  commission; and
  485         (d)Pay a fine of $500. The clerk of the court shall remit
  486  all fines assessed and collected under this paragraph to the
  487  Department of Revenue to be deposited into the Marine Resources
  488  Conservation Trust Fund to support law enforcement activities.
  489         (4)The commission shall maintain a program to ensure
  490  compliance with the mandatory boating safety education
  491  requirements under this section. This program must:
  492         (a)Track any citations resulting in a conviction under
  493  this section and the disposition of such citations.
  494         (b)Send specific notices to each person subject to the
  495  requirement for mandatory boating safety education.
  496         Section 8. Subsection (3) of section 328.03, Florida
  497  Statutes, is amended to read:
  498         328.03 Certificate of title required.—
  499         (3) A person may shall not sell, assign, or transfer a
  500  vessel titled by the state without delivering to the purchaser
  501  or transferee a valid certificate of title with an assignment on
  502  it showing the transfer of title to the purchaser or transferee.
  503  A person may shall not purchase or otherwise acquire a vessel
  504  required to be titled by the state without obtaining a
  505  certificate of title for the vessel in his or her name. The
  506  purchaser or transferee shall, within 30 days after a change in
  507  vessel ownership, file an application for a title transfer with
  508  the county tax collector. An additional $10 fee must shall be
  509  charged against the purchaser or transferee if he or she files a
  510  title transfer application after the 30-day period. The county
  511  tax collector may shall be entitled to retain $5 of the
  512  additional amount. Any person who does not properly transfer
  513  title of a vessel pursuant to this chapter is subject to the
  514  penalties provided in s. 327.73(1)(ee).
  515         Section 9. Effective July 1, 2023, subsection (4) of
  516  section 328.03, Florida Statutes, as amended by chapter 2019-76,
  517  Laws of Florida, is amended to read:
  518         328.03 Certificate of title required.—
  519         (4) An additional $10 fee shall be charged against the
  520  purchaser or transferee if he or she files a title transfer
  521  application after the 30-day period. The county tax collector
  522  may shall be entitled to retain $5 of the additional amount. Any
  523  person who does not properly transfer title of a vessel pursuant
  524  to this chapter is subject to the penalties provided in s.
  525  327.73(1)(ee).
  526         Section 10. Paragraph (a) of subsection (1) and subsection
  527  (4) of section 328.48, Florida Statutes, are amended, and
  528  subsection (9) is added to that section, to read:
  529         328.48 Vessel registration, application, certificate,
  530  number, decal, duplicate certificate.—
  531         (1)(a) The owner of each vessel required by this law to pay
  532  a registration fee and secure an identification number shall
  533  file an application with the county tax collector. The
  534  application must shall provide the owner’s name and physical
  535  residential or business address; residency status; personal or
  536  business identification; and a complete description of the
  537  vessel, and must shall be accompanied by payment of the
  538  applicable fee required in s. 328.72. An individual applicant
  539  must provide a valid driver license or identification card
  540  issued by this state or another state or a valid passport. A
  541  business applicant must provide a federal employer
  542  identification number, if applicable, verification that the
  543  business is authorized to conduct business in this the state, or
  544  a Florida city or county business license or number.
  545  Registration is not required for any vessel that is not used on
  546  the waters of this state. Upon receipt of an application from a
  547  live-aboard vessel owner whose primary residence is the vessel,
  548  the commission may authorize such owner to provide a post office
  549  box address in lieu of a physical residential or business
  550  address.
  551         (4) Each certificate of registration issued must shall
  552  state among other items the numbers awarded to the vessel, the
  553  hull identification number, the name and physical residential or
  554  business address of the owner, and a description of the vessel,
  555  except that certificates of registration for vessels constructed
  556  or assembled by the owner registered for the first time must
  557  shall state all the foregoing information except the hull
  558  identification number. The numbers must shall be placed on each
  559  side of the forward half of the vessel in such position as to
  560  provide clear legibility for identification, except, if the
  561  vessel is an airboat, the numbers may be placed on each side of
  562  the rudder. The numbers awarded to the vessel must shall read
  563  from left to right and must shall be in block characters of good
  564  proportion not less than 3 inches in height. The numbers must
  565  shall be of a solid color that which will contrast with the
  566  color of the background and must shall be so maintained as to be
  567  clearly visible and legible; i.e., dark numbers on a light
  568  background or light numbers on a dark background. The
  569  certificate of registration must shall be pocket-sized and must
  570  shall be available for inspection on the vessel for which issued
  571  whenever such vessel is in operation. Upon receipt of an
  572  application from a live-aboard vessel owner whose primary
  573  residence is the vessel, the commission may authorize such owner
  574  to provide a post office box address in lieu of a physical
  575  residential address.
  576         (9)A person who does not update his or her vessel
  577  registration information with the county tax collector within 6
  578  months after a change to the information is subject to the
  579  penalties provided in s. 327.73(1)(ff).
  580         Section 11. Except as otherwise expressly provided in this
  581  act, this act shall take effect July 1, 2022.