SB 1388 — Vessels

327.47, F.S.;

authorizing certain grants to be awarded for the construction and maintenance of publicly owned parking for boat-hauling vehicles and trailers;

amending s.

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Florida Senate - 2025 CS for SB 1388 First601-03465-25 Engrossed20251388c1 20251388e1327.75, authorizingF.S.; the enforcement of certain noncriminal violations by citation mailed or issued to the owner of certain vessels;

amending s.

327.73, F.S.;

requiring that a vessel subject to a specified number of violations within a 24-month period which result in certain dispositions be declared a public nuisance;

providing that failure to appear at a hearing or failure to pay civil penalties constitutes a certain disposition;

providing penalties related to long-term anchoring;

requiring that a vessel subject to a specified number of violations relating to long-term anchoring within a 24-month period which result in certain dispositions be declared a public nuisance;

providing that failure to appear at a hearing or failure to pay a certain civil penalty constitutes a disposition other than acquittal or dismissal;

providing an exception;

authorizing certain entities and persons to relocate, remove, or cause to be relocated or removed certain vessels;

requiring that such entities and persons be held harmless for all damages to a vessel resulting from such relocation or removal;

providing exceptions;

amending s.

327.731, F.S.;

requiring a person convicted of a certain criminal violation or certain noncriminal infractions within a specified period to complete a boater safety education course;

creating s.

327.75, F.S.;

prohibiting specified entities from restricting the use or sale of watercraft based on the Pageenergy 3source ofused 44by CODING:such watercraft;

Words stricken are deletions;

words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 energy source used by such watercraft;

amendingproviding s.an effective date.

705.103, F.S.;

defining the term “owner”;

revising the notice placed upon a derelict vessel declared a public nuisance which is present upon the waters of this state;

deleting a provision specifying that a party responsible for a derelict vessel or a vessel declared a public nuisance has the right to a certain hearing;

deleting provisions assigning liability to a party deemed legally responsible for a derelict vessel or vessel declared a public nuisance;

deleting provisions allowing a law enforcement officer or a representative of a law enforcement agency or other governmental entity to notify a party deemed legally responsible for a derelict vessel or a vessel declared a public nuisance of the final disposition of the derelict vessel;

amending s.

782.072, F.S.;

revising the definition of the term “vessel homicide”;

reenacting and amending s.

823.11, F.S.;

prohibiting a vessel owner from leaving a derelict vessel upon the waters of this state;

deleting provisions related to a party responsible for a derelict vessel;

providing prima facie evidence of ownership or control of a derelict vessel left upon the waters of this state;

providing a means of exonerating an owner of a vessel or derelict vessel of responsibility if such owner attempts to transfer ownership or control of such vessel;

Page 4 of 44 CODING:

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 providing that the owner of a derelict vessel is exclusively responsible for all costs associated with the relocation, removal, storage, destruction, or disposal of the derelict vessel;

authorizing the commission to use grant funds allocated for the removal, storage, destruction, and disposal of derelict vessels from the waters of this state for the derelict vessel prevention program;

providing penalties;

prohibiting a person from dwelling or residing on a derelict vessel;

providing penalties;

authorizing law enforcement officers to enforce such provisions;

authorizing a person to reside on a vessel if the vessel is in a state or condition that is no longer derelict;

authorizing the commission to adopt rules;

reenacting ss.

327.04 and 327.4108(6)(d), F.S., relating to rules and the anchoring of vessels in anchoring limitation areas, respectively, to incorporate the amendment made to s.

832.11, F.S., in references thereto;

reenacting s.

705.101(1), F.S., relating to definitions, to incorporate the amendment made to s.

327.73, F.S., in a reference thereto;

reenacting ss.

705.104(1) and 713.585(8), F.S., relating to the title to lost or abandoned property and the enforcement of a lien by sale of motor vehicle, respectively, to incorporate the amendment made to s.

705.103, F.S., in references thereto;

providing effective dates.

PageSection 51. of 44 CODING:

WordsThis strickenact aremay deletions;be cited as the “Boater Freedom Act.” Section 2.

wordsSubsection underlined(3) areof additions.section 253.0346, Florida Statutes, is amended to read:

CS253.0346 Lease of sovereignty submerged lands for SBmarinas, 1388boatyards, Firstmooring Engrossedfields, 20251388e1and Sectionmarine 1.retailers.— (3) For a facility designated by the department as a Clean Marina, Clean Boatyard, Clean Marine Manufacturer, or Clean Marine Retailer under the Clean Marina Program:

Subsections(a) (24)A anddiscount (35) through (47) of section10 327.02,percent Floridaon Statutes,the areannual amended,lease andfee ashall newapply subsectionif (47)the isfacility: added to that section, to read:

327.02 Definitions.—As used in this chapter and in chapter 328, unless the context clearly requires a different meaning, the term:

(24) “Livery vessel” means a leased or rented vessel leased, rented, or chartered to another for consideration.

(35) “Owner” means a person, other than a lienholder, having the property in or title to a vessel.

The term includes a person entitled to the use or possession of a vessel subject to an interest in another person which is reserved or created by agreement and securing payment of performance of an obligation.

The term does not include a lessee under a lease not intended as security.

(36) “Person” means an individual, partnership, firm, corporation, association, or other entity.

(36)(37) “Personal watercraft” means a vessel less than 16 feet in length which uses an inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel.

(37)(38) “Portable toilet” means a device consisting of a lid, seat, containment vessel, and support structure which is specifically designed to receive, retain, and discharge human waste and which is capable of being removed from a vessel by hand.

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 (38)(39) “Prohibited activity” means activity that will impede or disturb navigation or creates a safety hazard on waterways of this state.

(39)(40) “Racing shell,” “rowing scull,” or “racing kayak” means a manually propelled vessel that is recognized by national or international racing associations for use in competitive racing and in which all occupants, with the exception of a coxswain, if one is provided, row, scull, or paddle and that is not designed to carry and does not carry any equipment not solely for competitive racing.

(40)(41) “Recreational vessel” means a vessel:

(a) Manufactured and used primarily for noncommercial purposes;

or (b) Leased, rented, or chartered to a person for his or her noncommercial use.

(41)(42) “Registration” means a state operating license on a vessel which is issued with an identifying number, an annual certificate of registration, and a decal designating the year for which a registration fee is paid.

(42)(43) “Resident” means a citizen of the United States who has established residence in this state and has continuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initiation of a vessel titling or registration action.

(43)(44) “Sailboat” means a vessel whose sole source of propulsion is the wind.

(44)(45) “Sustained wind speed” means a wind speed determined by averaging the observed wind speed rounded up to the nearest mile per hour over a 2-minute period.

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 (45)(46) “Unclaimed vessel” means an undocumented vessel, including its machinery, rigging, and accessories, which is in the physical possession of a marina, garage, or repair shop for repairs, improvements, or other work with the knowledge of the vessel owner and for which the costs of such services have been unpaid for more than 90 days after the date written notice of the completed work is given by the marina, garage, or repair shop to the vessel owner.

(46)(47) “Vessel” is synonymous with boat as referenced in s.

1(b), Art.

VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(47) “Vessel owner” means a person, other than a lienholder or lessee under a lease that is not intended as security, having the property in or title to a vessel.

The term includes all of the following:

(a) A person entitled to the use or possession of a vessel subject to an interest in another person which is reserved or created by agreement and securing payment of performance of an obligation.

The term does not include a lessee under a lease not intended as security.

(b) A person identified in the records of the Department of Highway Safety and Motor Vehicles or other state equivalent, as the title certificate holder of the vessel.

(c) A person identified as the buyer, transferee, or new owner in a notice filed pursuant to s.

328.64(1).

(d) A person who has signed a written agreement for the purchase and sale of the vessel and paid the consideration, if Page 8 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 any, required under the agreement.

(e) A person who has provided a written, signed receipt to the seller or transferor of the vessel acknowledging actual receipt and possession of the vessel.

Section 2.

Subsection (5) of section 327.30, Florida Statutes, is amended to read:

327.30 Collisions, accidents, and casualties.— (5) It is unlawful for a person operating a vessel involved in an accident or injury to leave the scene of the accident or injury without giving all possible aid to all persons involved and making a reasonable effort to locate the owner or persons affected and subsequently complying with and notifying the appropriate law enforcement official as required under this section.

(a) If a Any person who violates this subsection and the with respect to an accident results resulting in:

PropertyActively damagemaintains only,designation theunder person commits a misdemeanor of the firstprogram. degree, punishable as provided in s.

775.082 or s.

775.083.

InjuryComplies towith a person other than serious bodily injury, the personterms commits a felony of the thirdlease. degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

SeriousDoes bodilynot injury,change theuse personduring commitsthe aterm felony of the secondlease. degree, punishable as provided in s.

775.082,(b) s.Extended-term lease surcharges shall be waived if the facility:

775.083, or s.

775.084.

4.

The death of another person or an unborn child, the person commits a felony of the first degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

(b) If a person operating a vessel involved in an accident Page 9 of 44 CODING:

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 that results in the death of another person or an unborn child provides a false statement to an investigating law enforcement officer, the person personal injury commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

Any person who violates this subsection with respect to an accident resulting in property damage only commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

Section 3.

Subsection (1) of section 327.33, Florida Statutes, is amended to read:

327.33 Reckless or careless operation of vessel.— (1) It is unlawful to operate a vessel in a reckless manner.

A person who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or likely to endanger, life or limb, or damage the property of, or injure a person is guilty of reckless operation of a vessel.

Reckless operation of a vessel includes, but is not limited to, a violation of s.

327.331(6).

If a person who violates this subsection and the violation:

(a) Does not result in an accident, the person commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

(b) Results in an accident that causes damage to the property or person of another, the person commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083.

(c) Results in an accident that causes serious bodily injury as defined in s.

316.192, the person commits a felony of Page 10 of 44 CODING:

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084.

Section 4.

Section 327.35105, Florida Statutes, is created to read:

327.35105 Additional penalty for boating under the influence or reckless operation of vessel.—The driver license of a person convicted of a violation of s.

327.33(1)(b), (c), or (d) or s.

327.35 must be suspended until all orders of the court have been satisfied.

Section 5.

Subsections (2) and (3) of section 327.4107, Florida Statutes, are amended, and paragraph (a) of subsection (7) of that section is reenacted and amended, to read:

327.4107 Vessels at risk of becoming derelict on waters of this state.— (2) It is a noncriminal infraction punishable as provided in s.

327.73 for a person to anchor or moor an officer of the commission or of a law enforcement agency specified in s.

327.70 may determine that a vessel is at risk of becoming derelict on the waters of this state or to allow such vessel to occupy such waters.

A vessel is at risk of becoming derelict if, as determined by an officer of the commission or a law enforcement agency, if any of the following conditions exist:

(a) The vessel is taking on or has taken on water without an effective means to dewater.

(b) Spaces on the vessel which that are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time.

(c) The vessel has broken loose or is in danger of breaking loose from its anchor.

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CS for SB 1388 First Engrossed 20251388e1 (d) The vessel is listing due to water intrusion.

(e) The vessel does not have an effective means of propulsion, and the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for repair.

If the owner or operator is present on the vessel, a law enforcement officer may require a test of the vessel’s effective means of propulsion for safe navigation, to be conducted immediately.

If the owner or operator is not present on the vessel, the owner or operator must, in the presence of law enforcement, conduct the test for effective means of propulsion for safe navigation within 48 72 hours after the vessel owner or operator receives telephonic notice from a law enforcement officer, in-person notice recorded on an agency-approved body camera, or written notice, which may be provided by facsimile, electronic mail, or other electronic means, stating such from an officer, and the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for vessel repair.

The commission may adopt rules to implement this paragraph.

(f) The vessel is tied to an unlawful or unpermitted structure or mooring.

(3) A person who anchors or moors a vessel at risk of becoming derelict on the waters of this state or allows such a vessel to occupy such waters commits a noncriminal infraction, punishable as provided in s.

327.73.

(6)(7) The commission may establish a derelict vessel prevention program to address vessels at risk of becoming derelict.

Such program may, but is not required to, include:

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 (a) Removal, relocation, and destruction of vessels declared a public nuisance, derelict or at risk of becoming derelict, or lost or abandoned in accordance with s.

327.53(7), s.

327.73(1)(aa), s.

705.103(2) and (4), or s.

823.11(3).

The commission may adopt rules to implement this subsection.

Implementation of the derelict vessel prevention program shall be subject to appropriation by the Legislature and shall be funded by the Marine Resources Conservation Trust Fund or the Florida Coastal Protection Trust Fund.

Section 6.

Effective January 1, 2026, section 327.4111, Florida Statutes, is created to read:

327.4111 Long-term anchoring.— (1) As used in this section, the term “long-term anchoring” means anchoring a vessel within 1 linear nautical mile of a documented anchorage point for 14 days or more within a 30-day period.

(2) The commission shall, at no cost to the applicant, issue a permit for the long-term anchoring of a vessel within the waters of this state upon receiving an application that includes, but is not limited to, all of the following information:

(a) For the vessel owner or operator:

Name.Actively maintains designation under the program.

MailingComplies address.with the terms of the lease.

3.Page 2 of 7 CODING:

Telephone number.

4.

E-mail address.

5.

Birthdate.

6.

Driver license number, if applicable.

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Florida Senate - 2025 CS for SB 1388 First601-03465-25 Engrossed20251388c1 20251388e13. (b) For the vessel:

1.Does not change use during the term of the lease.

Make.

2.

Model.

3.

Year.

Style.Is available to the public on a first-come, first-served basis.

5.(c) If the facility is in arrears on lease fees or fails to comply with paragraph (b), the facility is not eligible for the discount or waiver under this subsection until arrears have been paid and compliance with the program has been met.

HullSection identification3. number.

6.

Registration number or United States Coast Guard documentation, if applicable.

7.

Vessel name, if applicable.

(c) Location where the vessel will be anchored.

(d) Notice that the long-term anchoring permit may be revoked if the vessel is a derelict vessel as defined in s.

823.11, or is at risk of becoming derelict as provided in s.

327.4107, or is in violation of marine sanitation provisions in s.

327.53.

(3) The long-term anchoring permit established under this section is specific to one vessel only.

However, a person may obtain more than one permit.

A permit must be renewed or updated for each long-term anchoring location.

Long-term anchoring permits expire 1 year from the date of issuance and may be revoked if the permitted vessel is a derelict vessel as defined in s.

823.11, is at risk of becoming derelict, or is operated or occupied on waters of this state in violation of s.

327.53.

(4) A person who engages in long-term anchoring of a vessel within the waters of this state without a valid long-term anchoring permit commits a noncriminal infraction, punishable as provided in s.

327.73.

(5) This section does not apply to any of the following:

(a) Vessels owned or operated by a governmental entity for Page 14 of 44 CODING:

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CS for SB 1388 First Engrossed 20251388e1 law enforcement, firefighting, military, or rescue purposes.

(b) Construction or dredging vessels on an active job site.

(c) Vessels actively engaged in commercial fishing.

(d) Vessels engaged in recreational fishing if the persons onboard are actively tending hook and line fishing gear or nets.

(6) A permit under this section is not required if a vessel is docked at a public or private dock or moored to a mooring buoy permitted as provided in s.

327.40.

(7) In implementing this section, the commission must use an electronic application and permitting system.

(8) The provisions of this section do not supersede any other anchoring limitations established pursuant to law.

(9) The commission may adopt rules to implement this section.

Section 7.

Significant This harm includes negative impacts to water quality, water quantity, hydrology, wetlands, and aquatic and wetland-dependent species where the operation, anchoring, mooring, beaching, or grounding of vessels is determined to be the predominant cause of negative Pageimpacts. 15 of 44 CODING:

Section 4.

Section 327.47, Florida Statutes, is amended to read:

327.47 Competitive grant programs.—The commission shall develop and administer competitive grant programs funded with moneys transferred pursuant to s.

206.606(1)(d).

Grants may be awarded for the construction and maintenance of publicly owned Page 3 of 7 CODING:

Florida Senate - 2025 CS for SB 1388 First601-03465-25 Engrossed20251388c1 20251388e1boat impacts.ramps, parking for boat-hauling vehicles and trailers, piers, and docks;

Sectionboater 8.education;

Paragraphdeployment (c) of subsectionmanatee (1)technical ofavoidance sectiontechnology; 327.54, Florida Statutes, is amended, and paragraph (d) of subsection (3) is reenacted to read:

327.54and Liveries;economic development initiatives that promote boating in the state.

safetyThe regulations;commission may adopt rules pursuant to chapter 120 to implement this section.

penalty.—Section (1)5. As used in this section, the term:

(c) “Livery” means a person who advertises and offers a livery vessel for use by another in exchange for any type of consideration when such person does not also provide or does not require the lessee or renter to provide as a condition of the rental or lease agreement a person licensed by the United States Coast Guard to serve as master of the vessel or to with a captain, a crew, or any type of staff or personnel to operate, oversee, maintain, or manage the vessel.

The owner of a vessel who does not advertise his or her vessel for use by another for consideration and who loans or offers his or her vessel for use to another known to him or her either for consideration or without consideration is not a livery.

A public or private school or postsecondary institution located within this state is not a livery.

A vessel rented or leased by a livery is a livery vessel as defined in s.

327.02.

(3) A livery may not knowingly lease or rent a vessel to any person:

(d) When the vessel is not seaworthy, is a derelict vessel as defined in s.

823.11, or is at risk of becoming derelict as provided in s.

327.4107.

Section 9.

Pageprobable 16cause; of 44 CODING:

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CS for SB 1388 First Engrossed 20251388e1 probable cause;

SectionPage 10.4 of 7 CODING:

Subsection (2) and paragraph (a) of subsection (3) of section 327.70, Florida Statutes, are amended, and paragraph (e) is added to subsection (3) of that section, to read:

327.70 Enforcement of this chapter and chapter 328.— (2)(a)1.

The commission, in coordination with the Department of Highway Safety and Motor Vehicles, shall create a “Florida Freedom Boater” safety inspection decal for issue at the time of registration or renewal, signifying that the vessel Page 17 of 44 CODING:

Florida Senate - 2025 CS for SB 1388 First601-03465-25 Engrossed20251388c1 20251388e1Section is6. deemed to have met the safety equipment carriage and use requirements of this chapter.

Subsection (2) of section 327.70, Florida Statutes, is amended to read:

327.70 Enforcement of this chapter and chapter 328.— (2)(a)1.

The commission, in coordination with the Department of Highway Safety and Motor Vehicles, shall create a “Florida Freedom Boater” safety inspection decal for issue at the time of registration or renewal, signifying that the vessel is deemed to have met the safety equipment carriage and use requirements of this chapter.

The commission may designate by rule the timeframe for expiration of, and the specific design for, the Florida“Florida Freedom BoaterBoater” safety inspection decal.

The Florida“Florida Freedom BoaterBoater” safety inspection decal, if displayed, must be located within 6 inches of the inspected vessel’s properly displayed vessel registration decal.

For nonmotorized vessels that are not required to be registered, the Florida“Florida Freedom BoaterBoater” safety inspection decal, if displayed, must be located above the waterline on the forward half of the portPage side5 of the7 vessel.CODING:

(b) If a vessel properly displays a valid safety inspection decal created or approved by the division, a law enforcement officer may not stop the vessel for the sole purpose of inspecting the vessel for compliance with the safety equipment carriage and use requirements of this chapter unless there is reasonable suspicion that a violation of a safety equipment Page 18 of 44 CODING:

Florida Senate - 2025 CS for SB 1388 First601-03465-25 Engrossed20251388c1 20251388e1port carriageside orof usethe requirementvessel. has occurred or is occurring.

(b) If a vessel properly displays a valid safety inspection decal created or approved by the division, a law enforcement officer may not stop the vessel for the sole purpose of inspecting the vessel for compliance with the safety equipment carriage and use requirements of this chapter unless there is reasonable suspicion that a violation of a safety equipment carriage or use requirement has occurred or is occurring.

(3)(a)Section Noncriminal7. violations of the following statutes may be enforced by a uniform boating citation mailed to the registered owner of an unattended vessel anchored, aground, or moored on the waters of this state:

1.Section 327.75, Florida Statutes, is created to read:

Section 327.33(3)(b), relating to navigation rules.

2.

Section 327.44, relating to interference with navigation.

3.

Section 327.50(2), relating to required lights and shapes.

4.

Section 327.53, relating to marine sanitation.

5.

Section 328.48(5), relating to display of decal.

6.

Section 328.52(2), relating to display of number.

7.

Section 327.4107, relating to vessels at risk of becoming derelict.

8.

Section 327.4109, relating to prohibited anchoring or mooring.

9.

Section 328.72(13), relating to expired registration.

10.

Section 327.4111, relating to long-term anchoring.

(e) A noncriminal violation of s.

327.4111 may be enforced by a uniform boating citation issued to the owner or operator of a vessel engaged in unlawful long-term anchoring.

Section 11.

Subsection (1) of section 327.73, Florida Statutes, is amended to read:

327.73 Noncriminal infractions.— Page 19 of 44 CODING:

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 (1) Violations of the following provisions of the vessel laws of this state are noncriminal infractions:

(a) Section 328.46, relating to operation of unregistered and unnumbered vessels.

(b) Section 328.48(4), relating to display of number and possession of registration certificate.

(c) Section 328.48(5), relating to display of decal.

(d) Section 328.52(2), relating to display of number.

(e) Section 328.54, relating to spacing of digits and letters of identification number.

(f) Section 328.60, relating to military personnel and registration of vessels.

(g) Section 328.72(13), relating to operation with an expired registration, for which the penalty is:

1.

For a first or subsequent offense of s.

328.72(13)(a), up to a maximum of $100.

2.

For a first offense of s.

328.72(13)(b), up to a maximum of $250.

3.

For a second or subsequent offense of s.

328.72(13)(b), up to a maximum of $500.

A Any person cited for a noncriminal infraction under this subparagraph may not have the provisions of paragraph (4)(a) available to him or her but must appear before the designated official at the time and location of the scheduled hearing.

(h) Section 327.33(2), relating to careless operation.

(i) Section 327.37, relating to water skiing, aquaplaning, parasailing, and similar activities.

(j) Section 327.44, relating to interference with navigation.

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 (k) Violations relating to boating-restricted areas and speed limits:

1.

Established by the commission or by local governmental authorities pursuant to s.

327.46.

2.

Speed limits established pursuant to s.

379.2431(2).

(l) Section 327.48, relating to regattas and races.

(m) Section 327.50(1) and (2), relating to required safety equipment, lights, and shapes.

(n) Section 327.65, relating to muffling devices.

(o) Section 327.33(3)(b), relating to a violation of navigation rules:

1.

That does not result in an accident;

or 2.

That results in an accident not causing serious bodily injury or death, for which the penalty is:

a.

For a first offense, up to a maximum of $500.

b.

For a second offense, up to a maximum of $1,000.

c.

For a third or subsequent offense, up to a maximum of $1,500.

(p) Section 327.39(1), (2), (3), and (5), relating to personal watercraft.

(q) Section 327.53(1), (2), (3), and (8), relating to marine sanitation.

(r) Section 327.53(4), (5), and (7), relating to marine sanitation, and s.

327.60, relating to no-discharge zones, for which the civil penalty is $250.

(s) Section 327.395, relating to boater safety education.

However, a person cited for violating the requirements of s.

327.395 relating to failure to have required proof of boating safety education in his or her possession may not be convicted Page 21 of 44 CODING:

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words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 if, before or at the time of a county court hearing, the person produces proof of the boating safety education identification card or temporary certificate for verification by the hearing officer or the court clerk and the identification card or temporary certificate was valid at the time the person was cited.

(t) Section 327.52(3), relating to operation of overloaded or overpowered vessels.

(u) Section 327.331, relating to divers-down warning devices, except for violations meeting the requirements of s.

327.33.

(v) Section 327.391(1), relating to the requirement for an adequate muffler on an airboat.

(w) Section 327.391(3), relating to the display of a flag on an airboat.

(x) Section 253.04(3)(a), relating to carelessly causing seagrass scarring, for which the civil penalty upon conviction is:

1.

For a first offense, $100.

2.

For a second offense occurring within 12 months after a prior conviction, $250.

3.

For a third offense occurring within 36 months after a prior conviction, $500.

4.

For a fourth or subsequent offense occurring within 72 months after a prior conviction, $1,000.

(y) Section 327.45, relating to protection zones for springs, for which the penalty is:

1.

For a first offense, $100.

2.

For a second offense occurring within 12 months after a Page 22 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 prior conviction, $250.

3.

For a third offense occurring within 36 months after a prior conviction, $500.

4.

For a fourth or subsequent offense occurring within 72 months after a prior conviction, $1,000.

(z) Section 327.4108, relating to the anchoring of vessels in anchoring limitation areas, for which the penalty is:

1.

For a first offense, up to a maximum of $100.

2.

For a second offense, up to a maximum of $250.

3.

For a third or subsequent offense, up to a maximum of $500.

(aa) Section 327.4107, relating to vessels at risk of becoming derelict on waters of this state, for which the civil penalty is:

1.

For a first offense, $100.

2.

For a second offense occurring 30 days or more after a first offense, $250.

3.

For a third or subsequent offense occurring 30 days or more after a previous offense, $500.

A vessel that is the subject of three or more violations issued pursuant to the same paragraph of s.

327.4107(2) which occur within a 24-month an 18-month period and which result in dispositions other than acquittal or dismissal must shall be declared to be a public nuisance and subject to ss.

705.103(2) and (4) and 823.11(3).

For purposes of this paragraph, failure to appear at a hearing or failure to pay the civil penalty constitutes a disposition other than acquittal or dismissal unless such failure to appear or such nonpayment is excused or Page 23 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 set aside by the court for good cause shown.

The commission, an officer of the commission, or a law enforcement agency or officer specified in s.

327.70 may relocate, remove, or cause to be relocated or removed such public nuisance vessels from waters of this state.

The commission, an officer of the commission, or a law enforcement agency or officer acting pursuant to this paragraph upon waters of this state shall be held harmless for all damages to the vessel resulting from such relocation or removal unless the damage results from gross negligence or willful misconduct as these terms are defined in s.

823.11.

(bb) Section 327.4109, relating to anchoring or mooring in a prohibited area, for which the penalty is:

1.

For a first offense, up to a maximum of $100.

2.

For a second offense, up to a maximum of $250.

3.

For a third or subsequent offense, up to a maximum of $500.

(cc) Section 327.463(4)(a) and (b), relating to vessels creating special hazards, for which the penalty is:

1.

For a first offense, $100.

2.

For a second offense occurring within 12 months after a prior offense, $250.

3.

For a third offense occurring within 36 months after a prior offense, $500.

(dd) Section 327.371, relating to the regulation of human- powered vessels.

(ee) Section 328.03, relating to an improper transfer of title, for which the penalty is up to a maximum of $500.

(ff) Section 328.48(9), relating to the failure to update vessel registration information, for which the penalty is up to Page 24 of 44 CODING:

Words stricken are deletions;

words underlined are additions.

CS for SB 1388 First Engrossed 20251388e1 a maximum of $500.

(gg) Section 327.4111, relating to long-term anchoring, for which the penalty is:

1.

For a first offense, up to a maximum of $100.

2.

For a second offense, up to a maximum of $250.

3.

For a third or subsequent offense, up to a maximum of $500.

A vessel that is the subject of three or more violations of s.

327.4111 that occur within a 24-month period and that result in dispositions other than acquittal or dismissal must be declared a public nuisance and subject to ss.

705.103(2) and (4) and 823.11(3).

For purposes of this paragraph, failure to appear at a hearing or failure to pay the civil penalty required by s.

327.72 constitutes a disposition other than acquittal or dismissal, unless such failure to appear or such nonpayment is excused or set aside by the court for good cause shown.

The commission, an officer of the commission, or a law enforcement agency or officer specified in s.

327.70 may relocate, remove, or cause to be relocated or removed such public nuisance vessels from waters of this state.