Bill Text: FL S0030 | 2024 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Boating Safety

Spectrum: Bipartisan Bill

Status: (Failed) 2024-03-08 - Died in Transportation [S0030 Detail]

Download: Florida-2024-S0030-Introduced.html

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       Florida Senate - 2024                                      SB 30
       
       
        
       By Senator Garcia
       
       
       
       
       
       36-00195A-24                                            202430__
    1                        A bill to be entitled                      
    2         An act relating to boating safety; amending s.
    3         322.051, F.S.; requiring the Department of Highway
    4         Safety and Motor Vehicles to issue new or replacement
    5         identification cards with a lifetime boating safety
    6         identification card symbol to applicants if certain
    7         conditions are met; requiring the department to
    8         include the symbol on such cards at no cost to the
    9         applicant; amending s. 322.08, F.S.; requiring that
   10         applications for original, renewal, or replacement
   11         driver licenses or identification cards indicate
   12         whether the applicant has obtained a boating safety
   13         identification card and, if so, that a copy of such
   14         card be submitted with the application; authorizing
   15         the Fish and Wildlife Conservation Commission to
   16         provide the department with certain information
   17         relating to the applicant; amending s. 322.14, F.S.;
   18         requiring the department to issue new or replacement
   19         driver licenses with a lifetime boating safety
   20         identification card symbol to applicants if certain
   21         conditions are met; requiring the department to
   22         include the symbol on such licenses at no cost to the
   23         applicant; amending s. 327.35, F.S.; requiring a
   24         person convicted of certain violations relating to
   25         boating under the influence to maintain an insurance
   26         policy that meets certain requirements; providing
   27         criminal penalties for failure to maintain such
   28         insurance; amending s. 327.395, F.S.; requiring all
   29         persons, rather than only persons born on or after a
   30         specified date, while operating a vessel, to have
   31         specified identification in their possession aboard
   32         the vessel; revising the required components of the
   33         commission’s developed or approved boating safety
   34         education course or temporary certificate examination;
   35         amending s. 327.731, F.S.; revising the mandatory
   36         education requirements for a person convicted of
   37         certain violations; requiring the commission to adopt
   38         rules; making technical changes; amending s. 119.0712,
   39         F.S.; conforming a cross-reference; reenacting s.
   40         327.54(4), F.S., relating to liveries, to incorporate
   41         the amendments made to s. 327.395, F.S., in a
   42         reference thereto; providing an effective date.
   43          
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. Paragraph (d) of subsection (8) of section
   47  322.051, Florida Statutes, is amended, and paragraph (f) is
   48  added to that subsection, to read:
   49         322.051 Identification cards.—
   50         (8)
   51         (d) The department shall include symbols representing the
   52  following on an identification card upon the payment of an
   53  additional $1 fee by an applicant who meets the requirements of
   54  subsection (1) and presents his or her:
   55         1. Lifetime freshwater fishing license;
   56         2. Lifetime saltwater fishing license;
   57         3. Lifetime hunting license; or
   58         4. Lifetime sportsman’s license; or
   59         5. Lifetime boater safety identification card.
   60  
   61  A person may replace his or her identification card before its
   62  expiration date with a card that includes his or her status as a
   63  lifetime licensee or boater safety cardholder upon surrender of
   64  his or her current identification card, payment of a $2 fee to
   65  be deposited into the Highway Safety Operating Trust Fund, and
   66  presentation of the person’s lifetime license or card. If the
   67  sole purpose of the replacement identification card is the
   68  inclusion of the applicant’s status as a lifetime licensee or
   69  cardholder, the replacement identification card must be issued
   70  without payment of the fee required in s. 322.21(1)(f)3.c.
   71         (f) The department shall issue a new or replacement
   72  identification card, as applicable, which includes a symbol
   73  representing a lifetime boating safety identification card upon
   74  the applicant’s presentation of his or her Florida boating
   75  safety identification card or a receipt of confirmation by the
   76  Fish and Wildlife Conservation Commission that the applicant was
   77  issued a Florida boating safety identification card. The
   78  department shall include the lifetime boating safety
   79  identification card symbol on a new or renewal identification
   80  card at no charge to the applicant.
   81         Section 2. Present subsections (5) through (10) of section
   82  322.08, Florida Statutes, are redesignated as subsections (6)
   83  through (11), respectively, and a new subsection (5) is added to
   84  that section, to read:
   85         322.08 Application for license; requirements for license
   86  and identification card forms.—
   87         (5) Each such application must indicate whether the
   88  applicant has obtained a Florida boating safety identification
   89  card pursuant to s. 327.395, and, if so, a copy of such card
   90  must be submitted with the application. For purposes of
   91  administering this subsection, the Fish and Wildlife
   92  Conservation Commission may provide to the department any record
   93  it has of the applicant completing a boating safety education
   94  course that meets the requirements of s. 327.395 or having been
   95  issued a Florida boating safety identification card.
   96         Section 3. Paragraph (e) of subsection (1) of section
   97  322.14, Florida Statutes, is amended, and paragraph (g) is added
   98  to that subsection, to read:
   99         322.14 Licenses issued to drivers.—
  100         (1)
  101         (e) The department shall include symbols representing the
  102  following on a driver license upon the payment of an additional
  103  $1 fee by an applicant who meets the requirements of s. 322.08
  104  and presents his or her:
  105         1. Lifetime freshwater fishing license;
  106         2. Lifetime saltwater fishing license;
  107         3. Lifetime hunting license; or
  108         4. Lifetime sportsman’s license; or
  109         5. Lifetime boater safety identification card.
  110  
  111  A person may replace his or her driver license before its
  112  expiration date with a license that includes his or her status
  113  as a lifetime licensee or boater safety cardholder upon
  114  surrender of his or her current driver license, payment of a $2
  115  fee to be deposited into the Highway Safety Operating Trust
  116  Fund, and presentation of the person’s lifetime license or
  117  identification card. If the sole purpose of the replacement
  118  driver license is the inclusion of the applicant’s status as a
  119  lifetime licensee or cardholder, the replacement driver license
  120  must be issued without payment of the fee required in s.
  121  322.21(1)(e).
  122         (g) The department shall issue a new or replacement driver
  123  license, as applicable, which includes a symbol representing a
  124  lifetime boating safety identification card, upon the
  125  applicant’s presentation of his or her Florida boating safety
  126  identification card or a receipt of confirmation by the Fish and
  127  Wildlife Conservation Commission that the applicant has been
  128  issued a Florida boating safety identification card. The
  129  department shall include the lifetime boating safety
  130  identification card symbol on a new or renewal driver license at
  131  no charge to the applicant.
  132         Section 4. Present subsection (10) of section 327.35,
  133  Florida Statutes, is redesignated as subsection (11), and a new
  134  subsection (10) is added to that section, to read:
  135         327.35 Boating under the influence; penalties; “designated
  136  drivers.”—
  137         (10) Notwithstanding any sentence or fine imposed by law or
  138  the court, a person convicted of a violation of subsection (1)
  139  and one or more criminal violations under this chapter, whether
  140  arising from the same incident or within the preceding 12
  141  months, must maintain an insurance policy insuring against loss
  142  from liability for bodily injury, death, and property damage
  143  arising out of the ownership, maintenance, or use of a vessel.
  144  Such insurance must contain limits not less than $100,000 for
  145  bodily injury liability or death and $50,000 for property
  146  damage. A person who operates a vessel without the requisite
  147  insurance commits a misdemeanor of the second degree, punishable
  148  as provided in s. 775.082 or s. 775.083.
  149         Section 5. Subsections (1), (2), and (4) of section
  150  327.395, Florida Statutes, are amended to read:
  151         327.395 Boating safety education.—
  152         (1) Effective July 1, 2026, a person operating born on or
  153  after January 1, 1988, may not operate a vessel powered by a
  154  motor of 10 horsepower or greater must have unless such person
  155  has in his or her possession aboard the vessel the documents
  156  required by subsection (2).
  157         (2) While operating a vessel, a person identified under
  158  subsection (1) must have in his or her possession aboard the
  159  vessel photographic identification and a Florida boating safety
  160  identification card issued by the commission; a state-issued
  161  identification card or driver license indicating possession of
  162  the Florida boating safety identification card; or photographic
  163  identification and a temporary certificate issued or approved by
  164  the commission, an International Certificate of Competency, a
  165  boating safety card or certificate from another state or United
  166  States territory, or a Canadian Pleasure Craft Operator Card,
  167  which shows that he or she has done one of the following:
  168         (a) Completed a commission-approved boating safety
  169  education course that meets the minimum requirements established
  170  by the National Association of State Boating Law
  171  Administrators.;
  172         (b) Passed a temporary certificate examination developed or
  173  approved by the commission.;
  174         (c) Obtained a valid International Certificate of
  175  Competency.; or
  176         (d) Completed a boating safety education course or
  177  equivalency examination in another state, a United States
  178  territory, or Canada which meets or exceeds the minimum
  179  requirements established by the National Association of State
  180  Boating Law Administrators.
  181         (4) A commission-approved boating safety education course
  182  or temporary certificate examination developed or approved by
  183  the commission must include components regarding all of the
  184  following:
  185         (a) Diving vessels, awareness of divers in the water,
  186  divers-down warning devices, and the requirements of s. 327.331.
  187         (b) The danger associated with:
  188         1. A passenger riding on a seat back, gunwale, transom,
  189  bow, motor cover, or any other vessel area not designed and
  190  designated by the manufacturer for seating.
  191         2. A passenger falling overboard.
  192         3. Operating a vessel with a person in the water near the
  193  vessel.
  194         4. Starting a vessel with the engine in gear.
  195         5. Leaving the vessel running when a passenger is boarding
  196  or disembarking.
  197         6. Boating under the influence in violation of s. 327.35.
  198         (c) The proper use and lifesaving benefits of an engine
  199  cutoff switch for motorboats and personal watercraft.
  200         (d) Human trafficking awareness.
  201  
  202  The commission must include the components under this subsection
  203  in boating safety education campaigns and in educational
  204  materials produced by the commission, as appropriate.
  205         Section 6. Section 327.731, Florida Statutes, is amended to
  206  read:
  207         327.731 Mandatory education for violators.—
  208         (1) A person convicted of a criminal violation under this
  209  chapter, convicted of a noncriminal infraction under this
  210  chapter if the infraction resulted in a reportable boating
  211  accident, or convicted of a two noncriminal infraction
  212  infractions as specified in s. 327.73(1)(h)-(k), (m), (o), (p),
  213  or and (s)-(y), the infractions occurring within a 12-month
  214  period, must do all of the following:
  215         (a) Enroll in, attend, and successfully complete, at his or
  216  her own expense, one of the following courses, as applicable:
  217         1. For a person convicted of any two noncriminal
  218  infractions within a 24-month period, the boating safety
  219  education course provided for in s. 327.395.
  220         2. For a person convicted of a criminal violation, of a
  221  noncriminal infraction under this chapter if the infraction
  222  resulted in a reportable boating accident, or of three or more
  223  noncriminal infractions within a 36-month period, the boating
  224  safety education course provided for in s. 327.395 and a 4-hour
  225  course that includes information regarding all of the following:
  226         a. The boating laws of this state.
  227         b. Causes and prevention of boating accidents.
  228         c. The importance of wearing personal flotation devices.
  229         d. The use of common sense and common courtesy while
  230  operating a vessel.
  231         e. Operating a vessel defensively. a classroom or online
  232  boating safety course that is approved by and meets the minimum
  233  standards established by commission rule;
  234         (b) File with the commission within 90 days proof of
  235  successful completion of the course.;
  236         (c) Refrain from operating a vessel until he or she has
  237  filed proof of successful completion of the course with the
  238  commission.; and
  239         (d) Pay a fine of $500. The clerk of the court shall remit
  240  all fines assessed and collected under this paragraph to the
  241  Department of Revenue to be deposited into the Marine Resources
  242  Conservation Trust Fund to support law enforcement activities.
  243         (2) For the purposes of this section, the terms “convicted”
  244  and “conviction” mean means a finding of guilt, or the
  245  acceptance of a plea of guilty or nolo contendere, regardless of
  246  whether or not adjudication was withheld or whether imposition
  247  of sentence was withheld, deferred, or suspended. A Any person
  248  who operates a vessel on the waters of this state in violation
  249  of the provisions of this section commits is guilty of a
  250  misdemeanor of the second degree, punishable as provided in s.
  251  775.082 or s. 775.083.
  252         (3) The commission shall print on the reverse side of the
  253  defendant’s copy of the boating citation a notice of the
  254  provisions of this section. Upon conviction, the clerk of the
  255  court shall notify the defendant that it is unlawful for him or
  256  her to operate any vessel until he or she has complied with this
  257  section, but failure of the clerk of the court to provide such a
  258  notice is shall not be a defense to a charge of unlawful
  259  operation of a vessel under subsection (2).
  260         (4) The commission shall:
  261         (a) Maintain a program to ensure compliance with the
  262  mandatory boating safety education requirements under this
  263  section. This program must:
  264         1.(a) Track any citations resulting in a conviction under
  265  this section and the disposition of such citations; and.
  266         2.(b) Send specific notices to each person subject to the
  267  requirement for mandatory boating safety education.
  268         (b) Adopt rules necessary to implement this section.
  269         Section 7. Paragraph (c) of subsection (2) of section
  270  119.0712, Florida Statutes, is amended to read:
  271         119.0712 Executive branch agency-specific exemptions from
  272  inspection or copying of public records.—
  273         (2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.—
  274         (c) E-mail addresses collected by the Department of Highway
  275  Safety and Motor Vehicles pursuant to s. 319.40(3), s.
  276  320.95(2), or s. 322.08(11) s. 322.08(10) are exempt from s.
  277  119.07(1) and s. 24(a), Art. I of the State Constitution. This
  278  exemption applies retroactively.
  279         Section 8. For the purpose of incorporating the amendments
  280  made by this act to section 327.395, Florida Statutes, in a
  281  reference thereto, subsection (4) of section 327.54, Florida
  282  Statutes, is reenacted to read:
  283         327.54 Liveries; safety regulations; penalty.—
  284         (4) A livery may not knowingly lease or rent a vessel to a
  285  person who is required to comply with s. 327.395 unless such
  286  person presents to the livery the documentation required by s.
  287  327.395(2) for the operation of a vessel or meets the exemption
  288  provided under s. 327.395(6)(f).
  289         Section 9. This act shall take effect July 1, 2024.