Bill Text: FL S0822 | 2024 | Regular Session | Introduced
Bill Title: Vessel Safety
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2024-03-08 - Died in Criminal Justice [S0822 Detail]
Download: Florida-2024-S0822-Introduced.html
Florida Senate - 2024 SB 822 By Senator Rodriguez 40-00645-24 2024822__ 1 A bill to be entitled 2 An act relating to vessel safety; amending s. 327.30, 3 F.S.; revising the penalties for persons operating a 4 vessel involved in an accident or injury who leave the 5 scene of the accident or injury under certain 6 circumstances; providing graduated penalties depending 7 on the level of damage to property or person; 8 providing a mandatory minimum sentence for a person 9 who willfully commits such a violation resulting in 10 the death of another while boating under the 11 influence; defining the term “serious bodily injury”; 12 amending s. 327.33, F.S.; providing increased criminal 13 penalties for the reckless operation of a vessel which 14 causes serious bodily injury to another; defining the 15 term “serious bodily injury”; amending s. 327.35, 16 F.S.; providing that a person commits boating under 17 the influence manslaughter when his or her impaired 18 operation of a vessel causes the death of an unborn 19 child; defining the term “unborn child”; providing a 20 mandatory minimum sentence for a conviction of boating 21 under the influence manslaughter; amending s. 782.072, 22 F.S.; revising the definition of the term “vessel 23 homicide” to include the killing of an unborn child by 24 causing injury to the mother by operation of a vessel 25 in a reckless manner under certain circumstances; 26 defining the term “unborn child”; amending ss. 327.70 27 and 327.73, F.S.; conforming cross-references; 28 providing an effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Subsection (5) of section 327.30, Florida 33 Statutes, is amended to read: 34 327.30 Collisions, accidents, and casualties.— 35 (5) It is unlawful for a person operating a vessel involved 36 in an accident or injury to leave the scene of the accident or 37 injury without giving all possible aid to all persons involved 38 and making a reasonable effort to locate the owner or persons 39 affected and subsequently complying with and notifying the 40 appropriate law enforcement official as required under this 41 section. 42 (a) If aAnypersonwhoviolates this subsection and the 43with respect to anaccident resultsresultingin: 44 1. Property damage only, the person commits a misdemeanor 45 of the first degree, punishable as provided in s. 775.082 or s. 46 775.083. 47 2. Injury to a person other than serious bodily injury, the 48 person commits a felony of the third degree, punishable as 49 provided in s. 775.082, s. 775.083, or s. 775.084. 50 3. Serious bodily injury, the person commits a felony of 51 the second degree, punishable as provided in s. 775.082, s. 52 775.083, or s. 775.084. 53 4. The death of another person, the person commits a felony 54 of the first degree, punishable as provided in s. 775.082, s. 55 775.083, or s. 775.084. A person who willfully commits such a 56 violation of this subsection while operating a vessel under the 57 influence as set forth in s. 327.35(1) shall be sentenced to a 58 mandatory minimum term of imprisonment of 4 years. 59 (b) As used in this subsection, the term “serious bodily 60 injury” means an injury to a person, including the vessel 61 operator, which consists of a physical condition that creates a 62 substantial risk of death, serious personal disfigurement, or 63 protracted loss or impairment of the function of a bodily member 64 or organpersonal injury commits a felony of the third degree,65punishable as provided in s. 775.082, s. 775.083, or s. 775.084.66Anyperson who violates this subsection with respect to an67accident resulting in property damage only commits a misdemeanor68of the second degree, punishable as provided in s. 775.082 or s.69775.083. 70 Section 2. Present subsections (2), (3), and (4) of section 71 327.33, Florida Statutes, are redesignated as subsections (3), 72 (4), and (5), respectively, a new subsection (2) is added to 73 that section, and subsection (1) of that section is amended, to 74 read: 75 327.33 Reckless or careless operation of vessel.— 76 (1) It is unlawful to operate a vessel in a reckless 77 manner. A person who operates any vessel, or manipulates any 78 water skis, aquaplane, or similar device, in willful or wanton 79 disregard for the safety of persons or property at a speed or in 80 a manner as to endanger, or likely to endanger, life or limb, or 81 damage the property of, or injure a person is guilty of reckless 82 operation of a vessel. Reckless operation of a vessel includes, 83 but is not limited to, a violation of s. 327.331(6). Except as 84 provided in subsection (2), a person who violates this 85 subsection commits a misdemeanor of the first degree, punishable 86 as provided in s. 775.082 or s. 775.083. 87 (2) A person: 88 (a) Who violates subsection (1); 89 (b) Who operates a vessel; and 90 (c) Who, by reason of such operation, causes serious bodily 91 injury to another commits a felony of the third degree, 92 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 93 As used in this subsection, the term “serious bodily injury” 94 means an injury to a person, including the vessel operator, 95 which consists of a physical condition that creates a 96 substantial risk of death, serious personal disfigurement, or 97 protracted loss or impairment of the function of a bodily member 98 or organ. 99 Section 3. Subsection (3) of section 327.35, Florida 100 Statutes, is amended to read: 101 327.35 Boating under the influence; penalties; “designated 102 drivers.”— 103 (3) AAnyperson: 104 (a) Who violatesis in violation ofsubsection (1); 105 (b) Who operates a vessel; and 106 (c) Who, by reason of such operation, causes or contributes 107 to causing: 108 1. Damage to the property or person of another commits a 109 misdemeanor of the first degree, punishable as provided in s. 110 775.082 or s. 775.083. 111 2. Serious bodily injury to another, as defined in s. 112 327.353, commits a felony of the third degree, punishable as 113 provided in s. 775.082, s. 775.083, or s. 775.084. 114 3. The death of any human being or unborn child, as defined 115 in s. 775.021(5)(e), commits BUI manslaughter, and commits: 116 a. A felony of the second degree, punishable as provided in 117 s. 775.082, s. 775.083, or s. 775.084. 118 b. A felony of the first degree, punishable as provided in 119 s. 775.082, s. 775.083, or s. 775.084, if: 120 (I) At the time of the accident, the person knew, or should 121 have known, that the accident occurred; and 122 (II) The person failed to give information and render aid 123 as required by s. 327.30. 124 125 A person who is convicted of BUI manslaughter shall be sentenced 126 to a mandatory minimum term of imprisonment of 4 years.This127 Sub-subparagraph 3.b. does not require that the person knew that 128 the accident resulted in injury or death. 129 Section 4. Section 782.072, Florida Statutes, is amended to 130 read: 131 782.072 Vessel homicide.—“Vessel homicide” is the killing 132 of a human being, or the killing of an unborn child by causing 133 injury to the mother, by the operation of a vessel as defined in 134 s. 327.02 by another in a reckless manner likely to cause the 135 death of, or great bodily harm to, another. As used in this 136 section, the term “unborn child” has the same meaning as in s. 137 775.021(5)(e). Vessel homicide is: 138 (1) A felony of the second degree, punishable as provided 139 in s. 775.082, s. 775.083, or s. 775.084. 140 (2) A felony of the first degree, punishable as provided in 141 s. 775.082, s. 775.083, or s. 775.084, if: 142 (a) At the time of the accident, the person knew, or should 143 have known, that the accident occurred; and 144 (b) The person failed to give information and render aid as 145 required by s. 327.30(1). 146 147 This subsection does not require that the person knew that the 148 accident resulted in injury or death. 149 Section 5. Paragraph (a) of subsection (3) of section 150 327.70, Florida Statutes, is amended to read: 151 327.70 Enforcement of this chapter and chapter 328.— 152 (3)(a) Noncriminal violations of the following statutes may 153 be enforced by a uniform boating citation mailed to the 154 registered owner of an unattended vessel anchored, aground, or 155 moored on the waters of this state: 156 1. Section 327.33(4)(b)327.33(3)(b), relating to 157 navigation rules. 158 2. Section 327.44, relating to interference with 159 navigation. 160 3. Section 327.50(2), relating to required lights and 161 shapes. 162 4. Section 327.53, relating to marine sanitation. 163 5. Section 328.48(5), relating to display of decal. 164 6. Section 328.52(2), relating to display of number. 165 7. Section 327.4107, relating to vessels at risk of 166 becoming derelict. 167 8. Section 327.4109, relating to prohibited anchoring or 168 mooring. 169 Section 6. Paragraphs (h) and (o) of subsection (1) of 170 section 327.73, Florida Statutes, are amended to read: 171 327.73 Noncriminal infractions.— 172 (1) Violations of the following provisions of the vessel 173 laws of this state are noncriminal infractions: 174 (h) Section 327.33(3)327.33(2), relating to careless 175 operation. 176 (o) Section 327.33(4)(b)327.33(3)(b), relating to a 177 violation of navigation rules: 178 1. That does not result in an accident; or 179 2. That results in an accident not causing serious bodily 180 injury or death, for which the penalty is: 181 a. For a first offense, up to a maximum of $500. 182 b. For a second offense, up to a maximum of $1,000. 183 c. For a third or subsequent offense, up to a maximum of 184 $1,500. 185 186 Any person cited for a violation of this subsection shall be 187 deemed to be charged with a noncriminal infraction, shall be 188 cited for such an infraction, and shall be cited to appear 189 before the county court. The civil penalty for any such 190 infraction is $100, except as otherwise provided in this 191 section. Any person who fails to appear or otherwise properly 192 respond to a uniform boating citation, in addition to the charge 193 relating to the violation of the boating laws of this state, 194 must 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 Section 7. This act shall take effect July 1, 2024.