Florida 2019 Regular Session Status: Enacted

SB 1666 — Vessels

Last action — Chapter No. 2019-54

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed House
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 01, 2019. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

What changed in the latest version

353 added · 238 removed

353 line(s) added, 238 removed.

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Florida Senate - 2019 CS for SB 1666 By the Committee on Environment and Natural Resources;
Florida Senate - 2019 CS for CS for SB 1666 By the Committees on Community Affairs;
and Senator Flores 592-03515-19 20191666c1 A bill to be entitled An act relating to vessels;
and Environment and Natural Resources;
and Senator Flores 578-03798-19 20191666c2 A bill to be entitled An act relating to vessels;
requiring all persons, rather than only persons born after a specified date, to have a specified boating safety identification card in their possession before operating certain vessels;
revising boating safety identification requirements for certain persons;
requiring any person who rents and operates certain vessels to have certain photographic and safety identification in his or her possession before operating the vessel;
authorizing the commission to appoint certain persons to issue temporary certificates;
authorizing the commission to issue boating safety identification cards tor temporary certificates in digital or electronic formats;
authorizing the commission to appoint agents to administer and charge fees for the boating safety education course or temporary certificate examination;
directing the Fish and Wildlife Conservation Commission to conduct, contingent upon appropriation, a specified study of the impacts of long-term stored vessels and certain anchored and moored vessels on local communities and the state and to submit a report to the Governor and Legislature within a specified time;
directing the Fish and Wildlife Conservation Commission to conduct, contingent upon appropriation, a specified study of the impacts of long-term stored vessels and certain anchored and moored vessels on local communities and the state and to submit a report to the Governor and Legislature within a specified timeframe;
providing for expiration of the study;
providing for expiration of the study requirements;
defining the term “at sea”;
providing requirements for discharge in specified areas outside the no-discharge zones;
specifying the fines for such violations;
specifying the fines for violations related to no-discharge zones;
conforming provisions to changes made by the act;
authorizing the commission to use certain funds to remove, or to pay private contractors to remove, derelict vessels;
27 Be It Enacted by the Legislature of the State of Florida:
39 Be It Enacted by the Legislature of the State of Florida:
29 Section 1. Subsection (1) of section 327.395, Florida Statutes, is amended to read:
41 Section 1. Section 327.395, Florida Statutes, is amended to read:
327.395 Boating safety identification cards.— (1) A person born on or after January 1, 1988, may not operate a vessel powered by a motor of 10 horsepower or greater unless such person has in his or her possession aboard the vessel photographic identification and a boater safety identification card issued by the commission, or a state-issued identification card or driver license indicating possession of the boater safety identification card, which shows that he or she has:
327.395 Boating safety education identification cards.— (1) A person born on or after January 1, 1988, may not operate a vessel powered by a motor of 10 horsepower or greater, including the electric equivalent of 10 horsepower or greater, and a person of any age may not rent and operate such a vessel, unless such person has in his or her possession aboard the vessel photographic identification and a boating boater safety identification card issued by the commission, or a state-issued identification card or driver license indicating possession of the boating boater safety identification card, or photographic identification and a temporary certificate issued or approved by the commission, which shows that he or she has:
(a) Completed a commission-approved boater education course that meets the minimum 8-hour instruction requirement established by the National Association of State Boating Law Administrators;
(a) Completed a commission-approved boating safety boater education course that meets the minimum requirements 8-hour instruction requirement established by the National Association of State Boating Law Administrators;
(b) Passed a course equivalency examination approved by the commission;
or (b) Passed a course equivalency examination approved by the commission;
Section 2. Subsection (6) is added to section 327.4109, Florida Statutes, to read:
(2)(a) A Any person may obtain a boating boater safety identification card by successfully completing a boating safety education course that meets complying with the requirements of this section and rules adopted by the commission pursuant to this section.
(b) A person may obtain a temporary certificate by passing a temporary certificate examination that meets the requirements of this section and rules adopted by the commission pursuant to this section.
(3) Any commission-approved boating boater education or boater safety education course, course-equivalency examination developed or approved by the commission, or temporary certificate examination developed or approved by the commission must include a component regarding diving vessels, awareness of divers in the water, divers-down warning devices, and the requirements of s.
327.331.
(4) The commission may appoint liveries, marinas, or other persons as its agents to administer the course, course equivalency examination, or temporary certificate examination and issue identification cards or temporary certificates in digital, electronic, or paper format under guidelines established by the commission.
An agent must charge the $2 examination fee, which must be forwarded to the commission with proof of passage of the examination and may charge and keep a $1 service fee.
(5) A boating safety An identification card issued to a person who has completed a boating safety education course or a course equivalency examination is valid for life.
A temporary certificate card issued to a person who has passed a temporary certification examination is valid for 90 days after 12 months from the date of issuance.
The commission may issue either the boating safety identification card or the temporary certificate in a digital, electronic, or paper format.
(6) A person is exempt from subsection (1) if he or she:
(a) Is licensed by the United States Coast Guard to serve as master of a vessel.
(b) Operates a vessel only on a private lake or pond.
(c) Is accompanied in the vessel by a person who is exempt from this section or who holds a boating safety an identification card in compliance with this section, who is 18 years of age or older, and who is attendant to the operation of the vessel and responsible for the safe operation of the vessel and for any violation that occurs during the operation of the vessel.
(d) Is a nonresident who has in his or her possession photographic identification and proof that he or she has completed a boating safety boater education course or equivalency examination in another state or a United States territory which meets or exceeds the minimum requirements established by the National Association of State Boating Law Administrators of subsection (1).
(e) Is operating a vessel within 90 days after the purchase of that vessel and has available for inspection aboard that vessel a bill of sale meeting the requirements of s.
328.46(1).
(f) Is operating a vessel within 90 days after completing the requirements of paragraph (1)(a) or paragraph (1)(b) and has a photographic identification card and a boating safety boater education certificate available for inspection as proof of having completed a boating safety boater education course.
The boating safety boater education certificate must provide, at a minimum, the student’s first and last name, the student’s date of birth, and the date that he or she passed the course examination.
(g) Is exempted by rule of the commission.
(7) A person who operates a vessel in violation of subsection (1) commits a noncriminal infraction, punishable as provided in s.
327.73.
(8) The commission shall design forms and adopt rules to administer this section.
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Such rules shall include provision for educational and other public and private entities to offer the course and administer examinations.
(8)(9) The commission shall institute and coordinate a statewide program of boating safety instruction and certification to ensure that boating safety courses and examinations are available in each county of the state.
The commission may appoint agents to administer the boating safety education course or temporary certificate examination and may authorize the agents to issue temporary certificates in digital, electronic, or paper format.
The agents shall charge and collect the $2 fee required in subsection (9) for each temporary certificate, which must be forwarded to the commission.
The agent may charge and keep a $1 service fee.
(9)(10) The commission is authorized to establish and to collect a $2 examination fee for each card and certificate issued pursuant to this section to cover administrative costs.
(10)(11) The commission shall design forms and is authorized to adopt rules pursuant to chapter 120 to implement the provisions of this section.
(11)(12) This section may be cited as the “Osmany ‘Ozzie’ Castellanos Boating Safety Education Act.” Section 2. Subsection (6) is added to section 327.4109, Florida Statutes, to read:
limitations.— (4) (c) A county designated as a rural area of opportunity may create a no-discharge zone for freshwater waterbodies within the county’s jurisdiction in which treated and untreated sewage discharges from live-aboard vessels, houseboats, floating structures, and commercial vessels are prohibited.
limitations.— (4) (c) A county designated as a rural area of opportunity may create a no-discharge zone for freshwater waterbodies within the county’s jurisdiction to prohibit treated and untreated sewage discharges from floating structures not capable of being used as a means of transportation, live-aboard vessels, and houseboats.
Within no discharge zone boundaries, vessel operators shall retain their sewage on board for discharge at sea or on shore at a pumpout facility.
Within no-discharge zone boundaries, operators of such floating structures, live-aboard vessels, and houseboats shall retain their sewage on shore for discharge at a pumpout facility or on board for discharge more than 3 miles off the coast in the Atlantic Ocean or more than 10 miles off the coast in the Gulf of Mexico.
For the purposes of this section, the term “at sea” means more than 3 miles off the coast in the Atlantic Ocean or more than 10 miles off the coast in the Gulf of Mexico.
117 Any person cited for a violation of any provision of this subsection shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court.
222 Any person cited for a violation of any provision of this subsection shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court.
137 If the person cited follows either of the above procedures, he or she shall be deemed to have admitted the noncriminal infraction and to have waived the right to a hearing on the issue of commission of the infraction.
242 If the person cited follows either of the above procedures, he or she shall be deemed to have admitted the noncriminal infraction and to have waived the right to a hearing on the issue of commission of the infraction.
(c) From the vessel registration fees designated for use by the counties in subsection (1), the following amounts shall be remitted to the state for deposit into the Marine Resources Conservation Trust Fund to fund derelict vessel removal grants pursuant to s.
(c) From the vessel registration fees designated for use by the counties in subsection (1), the following amounts shall be remitted to the state for deposit into the Marine Resources Conservation Trust Fund to fund derelict vessel removal grants, as appropriated by the legislature pursuant to s.
(d) Any undisbursed balances identified pursuant to s.
216.301, shall be available for reappropriation to fund the Florida Boating Improvement Program or public boating access in accordance with s.
206.06.
In a given fiscal year, if all funds appropriated pursuant to this paragraph are not requested by and granted to local governments for the removal of derelict vessels by the end of the third quarter, the Fish and Wildlife Conservation Commission may use the remainder of the funds to remove, or to pay private contractors to remove, derelict vessels.
penalty.— (6) If an owner or a responsible party of a vessel determined to be derelict as defined in s.
penalty.— (6) If an owner or a responsible party of a vessel determined to be derelict through an administrative or criminal proceeding has been charged by an officer of the commission or any law enforcement agency or officer as specified in s.
823.11(1) has been charged by an officer of the commission or any law enforcement agency or officer as specified in s.
327.70 under subsection (5) for a violation of subsection (2) or a violation of s.
327.70 and adjudicated under subsection (5) for a violation of subsection (2) or a violation of s.
View plain text versions (3)

Action History

  1. Chapter No. 2019-54

  2. Approved by Governor

  3. Signed by Officers and presented to Governor

  4. Ordered engrossed, then enrolled

  5. CS passed as amended; YEAS 40 NAYS 0

  6. Concurred in 2 amendment(s) (247177, 407017)

  7. In returning messages

  8. CS passed as amended; YEAS 114 NAYS 0

  9. Read 3rd time

  10. Placed on 3rd reading

  11. Amendment(s) adopted (247177, 407017)

  12. Read 2nd time

  13. Received

  14. Placed on Special Order Calendar, 04/30/19

  15. Referred to Calendar

  16. In Messages

  17. CS passed; YEAS 40 NAYS 0 -SJ 585, 586

  18. Read 3rd time

  19. Placed on 3rd reading

  20. Read 2nd time

  21. Placed on Special Order Calendar, 04/26/19

  22. CS/CS/CS by Rules read 1st time

  23. Placed on Calendar, on 2nd reading

  24. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  25. CS/CS/CS by- Rules; YEAS 17 NAYS 0

  26. On Committee agenda-- Rules, 04/10/19, 10:00 am, 110 Senate Building

  27. CS/CS by Community Affairs read 1st time

  28. Now in Rules

  29. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  30. CS/CS by Community Affairs; YEAS 5 NAYS 0

  31. CS by Environment and Natural Resources read 1st time

  32. On Committee agenda-- Community Affairs, 04/02/19, 2:00 pm, 301 Senate Building

  33. Now in Community Affairs

  34. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  35. CS by Environment and Natural Resources; YEAS 5 NAYS 0

  36. On Committee agenda-- Environment and Natural Resources, 03/26/19, 4:00 pm, 37 Senate Building

  37. Introduced

  38. Referred to Environment and Natural Resources; Community Affairs; Rules

  39. Filed

Sponsors

  • Flores · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Flores

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

Show all 163 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

CS/CS/CS/SB 1666

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 9000
Democrat 2000
Unaffiliated 28000
No Party Affiliation 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Book — Yea
Bracy — Yea
Broxson — Yea
Cruz — Yea
Diaz — Yea
Farmer — Yea
Gainer — Yea
Hutson — Yea
Powell — Yea
Stewart — Yea
Taddeo — Yea
Thurston — Yea
Torres — Yea
Flores — Yea
Rader — Yea
Baxley — Yea
Bean — Yea
Gibson — Yea
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Lee — Yea
Brandes — Yea
Braynon — Yea
Montford — Yea
Perry — Yea
Galvano — Yea
Berman, Lori Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passage, Third Reading

Passed 114 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Democrat 10001
Unaffiliated 79002
Republican 25000
Total 114003
% of votes cast 97%0%0%3%
How each member voted (117)
Member Party Vote
Ausley — Yea
Brown — Yea
Byrd — Yea
Cummings — Yea
Diamond — Yea
Donalds — Yea
Drake — Yea
Duran — Yea
DuBose — Yea
Eagle — Yea
Fischer — Yea
Fine — Yea
Geller — Yea
Good — Yea
Hill — Yea
Ingoglia — Yea
Jacobs — Not Voting
Jacquet — Yea
Jenne — Yea
Killebrew — Yea
Magar — Yea
Mariano — Yea
McGhee — Yea
Mercado — Yea
Newton — Yea
Oliva — Yea
Payne — Yea
Pigman — Yea
Ponder — Yea
Pritchett — Yea
Renner — Yea
Rommel — Yea
Roth — Not Voting
Santiago — Yea
Silvers — Yea
Sprowls — Yea
Stevenson — Yea
Stone — Yea
Toledo — Yea
Tomkow — Yea
Willhite — Yea
Williamson — Yea
Alexander — Yea
Aloupis — Yea
Altman — Yea
Grant, J. — Yea
Raschein — Yea
Grant, M. — Yea
Roach — Yea
Grieco — Yea
Robinson — Yea
Bell — Yea
Hage — Yea
Rodrigues, R. — Yea
Beltran — Yea
Hart — Yea
Hattersley — Yea
Sabatini — Yea
Bush — Yea
Caruso — Yea
Casello — Yea
Slosberg — Yea
Clemons — Yea
Cortes — Yea
Latvala — Yea
Sullivan — Yea
Valdes — Yea
Fernandez — Yea
Omphroy — Yea
Watson, B. — Yea
Fernandez-Barquin — Yea
Watson, C. — Yea
Fetterhoff — Yea
Webb — Yea
Williams — Yea
Fitzenhagen — Yea
Goff-Marcil — Yea
Polo — Yea
Zika — Yea
La Rosa — Yea
Thompson, Geraldine F. "Geri" — Yea
Antone, Bruce Hadley Democrat Yea
Daniels, Kimberly Democrat Yea
Davis, Tracie Democrat Yea
Driskell, Fentrice Democrat Yea
Eskamani, Dr. Anna V. Democrat Yea
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Jones, Shevrin D. "Shev" Democrat Not Voting
Joseph, Dotie Democrat Yea
Polsky, Tina Scott Democrat Yea
Smith, Carlos Guillermo Democrat Yea
Andrade, Robert Alexander "Alex" Republican Yea
Brannan III, Robert Charles "Chuck" Republican Yea
Buchanan, James Republican Yea
Burton, Colleen Republican Yea
DiCeglie, Nick Republican Yea
Duggan, Wyman Republican Yea
Grall, Erin Republican Yea
Johnson, Chad Republican Yea
LaMarca, Chip Republican Yea
Leek, Thomas J. "Tom" Republican Yea
Massullo, Ralph E., Jr. Republican Yea
McClain, Stan Republican Yea
McClure, Lawrence Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Perez, Daniel Republican Yea
Plakon, Rachel Saunders Republican Yea
Plasencia, Susan Republican Yea
Rodriguez, Ana Maria Republican Yea
Rodriguez, Ana Maria Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Yea
Stark, Paula A. Republican Yea
Trumbull, Jay Republican Yea
Vacant Republican Yea
Yarborough, Clay Republican Yea

Official roll call →

Third Reading

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 9000
Unaffiliated 28000
Democrat 2000
No Party Affiliation 1000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Book — Yea
Bracy — Yea
Broxson — Yea
Cruz — Yea
Diaz — Yea
Farmer — Yea
Gainer — Yea
Hutson — Yea
Powell — Yea
Stewart — Yea
Taddeo — Yea
Thurston — Yea
Torres — Yea
Flores — Yea
Rader — Yea
Baxley — Yea
Bean — Yea
Gibson — Yea
Benacquisto — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Lee — Yea
Brandes — Yea
Braynon — Yea
Montford — Yea
Perry — Yea
Galvano — Yea
Berman, Lori Democrat Yea
Rouson, Darryl Ervin Democrat Yea
Pizzo, Jason W. B. No Party Affiliation Yea
Albritton, Ben Republican Yea
Bradley, Jennifer Republican Yea
Gruters, Joe Republican Yea
Harrell, Gayle Republican Yea
Hooper, Ed Republican Yea
Mayfield, Debbie Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea
Wright, Tom A. Republican Yea

Official roll call →

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Republican 3000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Book — Yea
Farmer — Yea
Hutson — Yea
Thurston — Yea
Brandes — Yea
Braynon — Yea
Flores — Yea
Lee — Yea
Montford — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Gibson — Yea
Benacquisto — Yea
Bradley, Jennifer Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Subjects

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Frequently asked questions

Who sponsors SB 1666?
SB 1666 is sponsored by Flores.
What is the current status of SB 1666?
This bill has been enacted into law. Introduced March 01, 2019. Enacted.
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