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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.
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