Bill Text: FL S1834 | 2021 | Regular Session | Introduced
Bill Title: Vessel Safety
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2021-04-30 - Died in Environment and Natural Resources [S1834 Detail]
Download: Florida-2021-S1834-Introduced.html
Florida Senate - 2021 SB 1834 By Senator Pizzo 38-01262-21 20211834__ 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; defining 8 the term “serious bodily injury”; providing a 9 mandatory minimum sentence for a person who willfully 10 commits such violation resulting in the death of 11 another while boating under the influence; amending s. 12 327.33, F.S.; providing increased criminal penalties 13 for the reckless operation of a vessel which causes 14 seriously bodily injury to another; defining the term 15 “serious bodily injury”; amending s. 327.35, F.S.; 16 providing that a person commits boating under the 17 influence manslaughter when their impaired operation 18 of a vessel causes the death of an unborn child; 19 defining the term “unborn child”; providing a 20 mandatory minimum sentence for a conviction for such a 21 violation; amending s. 782.072, F.S.; revising the 22 definition of the term “vessel homicide” to include 23 the killing of an unborn child by causing injury to 24 the mother by operation of a vessel in a reckless 25 manner under certain circumstances; defining the term 26 “unborn child”; providing an effective date. 27 28 Be It Enacted by the Legislature of the State of Florida: 29 30 Section 1. Subsection (5) of section 327.30, Florida 31 Statutes, is amended to read: 32 327.30 Collisions, accidents, and casualties.— 33 (5) It is unlawful for a person operating a vessel involved 34 in an accident or injury to leave the scene of the accident or 35 injury without giving all possible aid to all persons involved 36 and making a reasonable effort to locate the owner or persons 37 affected and subsequently complying with and notifying the 38 appropriate law enforcement official as required under this 39 section. If aAnypersonwhoviolates this subsection and the 40with respect to anaccident resultsresultingin:personal41injury commits a felony of the third degree, punishable as42provided in s. 775.082, s. 775.083, or s. 775.084. Any person43who violates this subsection with respect to an accident44resulting in property damage only commits a misdemeanor of the45second degree, punishable as provided in s. 775.082 or s.46775.083.47 (a) Property damage, the person commits a misdemeanor of 48 the first degree, punishable as provided in s. 775.082, s. 49 775.083, or s. 775.084; 50 (b) Injury to a person other than serious bodily injury, 51 the person commits a felony of the third degree, punishable as 52 provided in s. 775.082, s. 775.083, or s. 775.084; 53 (c) Serious bodily injury, the person commits a felony of 54 the second degree, punishable as provided in s. 775.082, s. 55 775.083, or s. 775.084. As used in this paragraph, the term 56 “serious bodily injury” means an injury to a person, including 57 the operator, which consists of a physical condition that 58 creates a substantial risk of death, serious personal 59 disfigurement, or protracted loss or impairment of the function 60 of a bodily member or organ; or 61 (d) The death of another person, the person commits a 62 felony of the first degree, punishable as provided in s. 63 775.082, s. 775.083, or s. 775.084. A person who willfully 64 commits such a violation of this subsection while operating a 65 vessel under the influence as set forth in s. 327.35 shall be 66 sentenced to a mandatory minimum term of imprisonment of 4 67 years. 68 Section 2. Subsection (1) of section 327.33, Florida 69 Statutes, is amended to read: 70 327.33 Reckless or careless operation of vessel.— 71 (1) It is unlawful to operate a vessel in a reckless 72 manner. A person who operates any vessel, or manipulates any 73 water skis, aquaplane, or similar device, in willful or wanton 74 disregard for the safety of persons or property at a speed or in 75 a manner as to endanger, or likely to endanger, life or limb, or 76 damage the property of, or injure a person is guilty of reckless 77 operation of a vessel. Reckless operation of a vessel includes, 78 but is not limited to, a violation of s. 327.331(6). A person 79 who violates this subsection: 80 (a) Except as provided in paragraph (b), commits a 81 misdemeanor of the first degree, punishable as provided in s. 82 775.082 or s. 775.083; or.83 (b) While operating a vessel and who, by reason of such 84 operation causes serious bodily injury to another, commits a 85 felony of the third degree, punishable as provided in s. 86 775.082, s. 775.083, or s. 775.084. As used in this paragraph, 87 the term “serious bodily injury” means an injury to another 88 person which consists of a physical condition that creates a 89 serious personal disfigurement or protracted loss or impairment 90 of the function of a bodily member or organ. 91 Section 3. Subsection (3) of section 327.35, Florida 92 Statutes, is amended to read: 93 327.35 Boating under the influence; penalties; “designated 94 drivers.”— 95 (3) Any person: 96 (a) Who is in violation of subsection (1); 97 (b) Who operates a vessel; and 98 (c) Who, by reason of such operation, causes or contributes 99 to causing: 100 1. Damage to the property or person of another commits a 101 misdemeanor of the first degree, punishable as provided in s. 102 775.082 or s. 775.083. 103 2. Serious bodily injury to another, as defined in s. 104 327.353, commits a felony of the third degree, punishable as 105 provided in s. 775.082, s. 775.083, or s. 775.084. 106 3. The death of any human being or unborn child commits BUI 107 manslaughter, and commits: 108 a. A felony of the second degree, punishable as provided in 109 s. 775.082, s. 775.083, or s. 775.084. 110 b. A felony of the first degree, punishable as provided in 111 s. 775.082, s. 775.083, or s. 775.084, if: 112 (I) At the time of the accident, the person knew, or should 113 have known, that the accident occurred; and 114 (II) The person failed to give information and render aid 115 as required by s. 327.30. 116 117 This sub-subparagraph does not require that the person knew that 118 the accident resulted in injury or death. 119 120 For the purposes of this subsection, the term “unborn child” has 121 the same meaning as in s. 775.021(5)(e). A person who is 122 convicted of BUI manslaughter shall be sentenced to a mandatory 123 minimum term of imprisonment of 4 years. 124 Section 4. Section 782.072, Florida Statutes, is amended to 125 read: 126 782.072 Vessel homicide.—“Vessel homicide” is the killing 127 of a human being, or the killing of an unborn child by causing 128 an injury to the mother, by the operation of a vessel as defined 129 in s. 327.02 by another in a reckless manner likely to cause the 130 death of, or great bodily harm to, another. Vessel homicide is: 131 (1) A felony of the second degree, punishable as provided 132 in s. 775.082, s. 775.083, or s. 775.084. 133 (2) A felony of the first degree, punishable as provided in 134 s. 775.082, s. 775.083, or s. 775.084, if: 135 (a) At the time of the accident, the person knew, or should 136 have known, that the accident occurred; and 137 (b) The person failed to give information and render aid as 138 required by s. 327.30(1). 139 140 This subsection does not require that the person knew that the 141 accident resulted in injury or death. 142 (3) For purposes of this section, the term “unborn child” 143 has the same meaning as in s. 775.021(5)(e). 144 Section 5. This act shall take effect July 1, 2021.