Ch.327 VESSELS: REGISTRATION AND SAFETY F.S. 1991 …

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VESSELS REGISTRATION AND SAFETY FS 1991

CHAPTER 327

VESSELS REGISTRATION AND SAFETY

Short title Definitions of terms used in this chapter and

in chapter 328 Administration of vessel registration and

titling laws records Rules and regulations Operation of unregistered and unnumbered

vessels prohibited Application certificate number decal duplishy

cate certificate Reregistration by mail Special manufacturers and dealers num-

ber Federal numbering system adopted Exemption from numbering provisions Reciprocity of nonresident or alien vessels Military personnel registration penalties Only authorized number to be used Change of interest and address Legislative intent with respect to registration

and numbering of vessels Regulation of vessels by municipalities or

counties Exemption of vessels and outboard motors

from personal property tax temporary cershytificate of registration vessel registration certificate fee

Legislative intent with respect to uniform registration fee classification of vessels

Classification registration fees and charges surcharge disposition of fees fines marine turtle stickers

Stickers or emblems for the Save the Manashytee Trust Fund

Motorboat Revolving Trust Fund appropriashytion and distribution

Crimes relating to registration decals penal-ties

Collisions accidents and casualties Transmittal of information Vessel declared dangerous instrumentality

civil liability Reckless or careless operation of vessel Incapacity of operator Operating vessel while under the influence of

alcoholic beverages chemical subshystances or controlled substances penalshyties

Operation of a vessel while intoxicated punshyishment

Tests for impairment or intoxication right to refuse

Penalty for failure to submit to test Blood test for impairment or intoxication in

cases of death or serious bodily injury right to use reasonable force

Presumption of impairment testing methshyods

Mandatory adjudication prohibition against accepting plea to lesser included offense

32737 32738

32739 32740

32741 32742

32744 32746 32748

32750

32752 32754 32756 32758 32760 32765 32770

32771 32772 32773 327731 32774

Water skis and aquaplanes regulated Skiing prohibited while under influence of liqshy

uor or drugs Personal watercraft regulated Uniform waterway markers for safety and

navigation Uniform waterway regulatory markers Mooring to or damaging of markers or buoys

prohibited Interference with navigation Restricted areas Regattas races marine parades tournashy

ments or exhibitions Vessel safety regulations equipment and

lighting requirements Maximum safety load plate attached Liveries safety regulations penalty Safety inspections qualified Jurisdiction Local regulations limitations Muffling devices Enforcement of this chapter and chapter

328 Exemption Penalties Noncriminal infractions Mandatory education for violators Uniform boating citations

32701 Short title-This chapter shall be known as the Florida Vessel Registration and Safety Law

History-s 1 ch 59-399 s 1 ch 65-361 s 1 ch 84-184 Note-Former s 371011

32702 Definitions of terms used in this chapter and in chapter 328-As used in this chapter and in chapter 328 unless the context clearly requires a differshyent meaning the term

(1) Alien means a person who is not a citizen of the United States

(2) Canoe means a light narrow vessel with curved sides and with both ends pointed A canoe-like vessel with a transom may not be excluded from the definition of a canoe if the width of its transom is less than 45 pershycent of the width of its beam or it has been designated as a canoe by the United States Coast Guard

(3) Commercial vessel means (a) Any vessel primarily engaged in the taking or

landing of saltwater fish or saltwater products or freshshywater fish or freshwater products or any vessel 11ishycensed pursuant to s 37006 from which commercial quantities of saltwater products are harvested from within and without the waters of this state for sale either to the consumer retail dealer or wholesale dealer

(b) Any vessel engaged in any activity wherein a fee is paid by the user either directly or indirectly to the owner operator or custodian of the vessel

(4) Dealer means any person authorized by the Department of Revenue to buy sell resell or otherwise distribute vessels Such person shall have a valid sales

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FS 1991 VESSELS REGISTRATION AND SAFETY Ch 327

tax certificate of registration issued by the Department of Revenue and a valid commercial or occupational license required by any county municipality or political subdivision of the state in which the person operates

(5) Department means the Department of Natural Resources

(6) Division means the Division of Law Enforceshyment of the Department of Natural Resources

(7) Documented vessel means a vessel for which a valid certificate of documentation is outstanding purshysuant to 46 CFR part 67

(8) Florida lntracoastal Waterway means the Atlanshytic lntracoastal Waterway the Georgia state line north of Fernandina to Miami the Port Canaveral lock and canal to the Atlantic lntracoastal Waterway the Atlantic Intrashycoastal Waterway Miami to Key West the Okeechobee Waterway Stuart to Fort Myers the St Johns River Jacksonville to Sanford the Gulf lntracoastal Waterway Anclote to Fort Myers the Gulf lntracoastal Waterway Carrabelle to Tampa Bay Carrabelle to Anclote open bay section (using Gulf of Mexico) the Gulf lntracoastal Waterway Carrabelle to the Alabama state line west of Pensacola and the Apalachicola Chattahoochee and Flint Rivers in Florida

(9) Homemade vessel means any vessel built after October 31 1972 for which a federal hull identification number is not required to be assigned by the manufacshyturer pursuant to federal law or any vessel constructed or assembled prior to November 1 1972 by other than a licensed manufacturer for his own use or the use of a specific person A vessel assembled from a manufacturshyers kit or constructed from an unfinished manufactured hull shall be considered to be a homemade vessel if such a vessel is not required to have a hull identification number assigned by the United States Coast Guard A rebuilt or reconstructed vessel shall in no event be conshystrued to be a homemade vessel

(10) Length means the measurement from end to end over the deck parallel to the centerline excluding sheer

(11) Lien means a security interest which is reserved or created by a written agreement recorded with the department which secures payment or performshyance of an obligation and is generally valid against third parties

( 12) Lienholder means a person holding a security interest in a vessel which interest is recorded with the department

(13) Live-aboard vessel means (a) Any vessel used solely as a residence or (b) Any vessel represented as a place of business

a professional or other commercial enterprise or a legal residence

A commercial fishing boat is expressly excluded from the term live-aboard vessel

(14) Manufactured vessel means any vessel built after October 31 1972 for which a federal hull identificashytion number is required pursuant to federal law or any vessel constructed or assembled prior to November 1 1972 by a duly licensed manufacturer

(15) Motorboat means any vessel which is propelled or powered by machinery and which is used or capable of being used as a means of transportation on water

(16) Noncommercial vessel means any vessel other than a commercial vessel as defined in this section

(17) Nonresident means a citizen of the United States who has not established residence in this state and has not continuously resided in this state for 1 year and in one county for the 6 months immediately precedshying the initiation of a vessel titling or registration action

(18) Operate means to be in the actual physical conshytrol of a vessel upon the waters of this state or to exershycise control over or steer a vessel being towed by another vessel upon the waters of the state

(19) 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 reserved or created by agreement and securing payshyment of performance of an obligation but the term excludes a lessee under a lease not intended as securshyity

(20) Person means an individual partnership firm corporation association or other entity

(21) Prohibited activity means such activity as will impede or disturb navigation or creates a safety hazard on waterways of this state

(22) Racing shell rowing scull or racing kayak means a manually propelled vessel which 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 which is not designed to carry and does not carry any equipment not solely for competitive racshying

(23) Registration means a state operating license on a vessel which is issued with an identifying number an annual certificate of registration and a decal designatshying the year for which a registration fee is paid

(24) Regulatory marker means any anchored or fixed marker in on or over the water or anchored platform on the surface of the water other than a marker provided ins 32740 and includes but is not limited to a bathing beach marker speed zone marker information marker restricted zone marker congested area marker or warnshying marker

(25) Resident means a citizen of the United States who has established residence in this state and has conshytinuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initishyation of a vessel titling or registration action

(26) Sailboat means any vessel whose sole source of propulsion is the natural element (ie wind)

(27) 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 air boat other than a seaplane on the water used or capable of being used as a means of transportation on water

(28) Waters of this state means any navigable waters of the United States within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state and all the inland lakes rivers and canals under the jurisdiction of this state

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(29) Unclaimed vessel means any undocumented vessel including its machinery rigging and accessoshyries which is in the physical possession of any 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 a period in excess of 90 days from the date written notice of the completed work is given by the marina garage or repair shop to the vessel owner

(30) Marina means a licensed commercial facility which provides secured public moorings or dry storage for vessels on a leased basis A commercial establishshyment authorized by a licensed vessel manufacturer as a dealership shall be considered a marina for nonjudicial sale purposes

(31) Boating accident means a collision accident or casualty involving a vessel in or upon or entering into or exiting from the water including capsizing collision with another vessel or object sinking personal injury death disappearance of any person from on board under circumstances which indicate the possibility of death or injury or property damage to any vessel or dock

(32) Navigation rules means the International Navishygational Rules Act of 1977 in effect on June 1 1983 for vessels on waters outside of established navigational lines of demarcation as specified in 33 CFR part 80 or the Inland Navigational Rules Act of 1980 in effect on December 24 1981 for vessels on all waters not outside of such lines of demarcation

(33) Personal watercraft means a small class A-1 or A-2 vessel which uses an outboard motor or 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 or being towed behind the vessel rather than in the conventional manner of sitting or standing inside the vessel

History-s 1 ch 59-399 s 1 ch 63-103 s 1 ch 65-361 s 17 ch 69-216 ss 25 35 ch 69-106 s 3 ch 70-336 s 132 ch 71-377 s 1 ch 72-16 s 1 ch 72-55 ss 1 15 ch 74-327 s 23 ch 79-334 s 1 ch 81-100 s 1 ch 81-114 s 76 ch 82-226 s 1 ch 83-20 s 2 ch 84-184 s 1 ch 85-252 s 1 ch 88-133 s 1 ch 89-136 s 2 ch 89-250

1Note-The word licensed was inserted by the editors Note-Former s 371021

32703 Administration of vessel registration and titling laws records-

(1) The administration of this chapter and chapter 328 is under the Department of Natural Resources which shall provide for issuing handling and recording of all vessel registration and titling applications and cershytificates including the receipt and accounting of vessel registration and titling fees and payments into the State Treasury

(2) The department shall record all accidents and perform such other clerical duties as required

(3) All records made or kept by the department under this law shall be public records except confidenshytial reports

History-s 1 ch 59-399 s 2 ch 63-103 s 1 ch 65-361 ss 25 35 ch 69-106 s 2 ch 74-327 s 2 ch 81-100 s 3 ch 84-184

Note-Former s 371031

327 04 Rules and regulations-The Department of Natural Resources shall make adopt promulgate amend or repeal rules and regulations necessary for

carrying out the administrative duties obligations and powers conferred on the division by this chapter

History-s 1 ch 59-399 s 4 ch 63-103 s 1 ch 65-361 ss 25 35 ch 69-106


32710 Operation of unregistered and unnumbered vessels prohibited-Every vessel which is required to be registered and which is using the waters of this state shall be registered and numbered within 20 days after purchase by the owner except as specifically exempt No person shall operate or give permission for the operashytion of any such vessel on such waters unless

(1) Such vessel is registered within 20 days after purchase by the owner and numbered with the identifyshying number set forth in the certificate of registration disshyplayed

(a) In accordance with s 32711 (7) except if the vessel is an airboat the registration number may be disshyplayed on each side of the rudder or

(b) In accordance with applicable federal law or with a federally approved numbering system of another state and

(2) The certificate of registration awarded to such vessel is in full force and effect

History-s 1 ch 59-399 s 1 ch 65-361 s 1 ch 74-62 s 3 ch 74-327 s 3 ch 81-100 s 1 ch 83-102 s 4 ch 84-184


327 11 Application certificate number decal duplicate certificate-

(1 )(a) The tax collectors of the state shall be agents of the department for the purpose of issuing registrashytions and collecting the fees therefor The owner of each vessel required by this law to pay a registration fee and secure an identification number shall file an application with the county tax collector The application shall proshyvide the owners name and address residency status and a complete description of the vessel and shall be accompanied by payment of the required fee

(b) For purposes of registration the owner may establish proof of ownership of the vessel by submitting with his application an executed bill of sale a builders contract a manufacturers statement of origin a federal marine document or any other document acceptable to the department and presented at the time of registration to the agency issuing the registration certificate

(2) The annual certificates of registration and identishyfication numbers for commercial vessels and noncomshymercial vessels which are required to be registered shall be issued in the county by the tax collector of each county or his agent The certificate of registration shall be renewable as of June 1 of each year for the forthcomshying fiscal year upon payment of the registration fee by the owner Each county tax collector shall be assigned a block of numbers certificates and annual decals which upon issuance in conformity with this chapter and with any rules and regulations of the department shall be valid as if issued directly by the department The county tax collector or agent authorized to issue a certificate of registration decal and number and the department shall be allowed a fee of $225 for each cershytificate issued replaced or renewed All moneys colshylected except the $225 fee shall be remitted to the department not later than 20 days following the last day

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of the month when the moneys were collected The department shall transmit all moneys received to the Treasurer for deposit

(3) All vessels operated on the waters of the state shall be registered andor numbered either commercial or noncommercial as defined herein except as follows

(a) A vessel used exclusively on private lakes and ponds

(b) A vessel owned by the United States Govern-ment

(c) A vessel used exclusively as a ships lifeboat (d) A non-motor-powered vessel (4) The department shall issue certificates of regisshy

tration and numbers for city county and state-owned vessels at no charge provided the vessels are used for purposes other than recreation

(5) Each certificate of registration issued shall state among other items the numbers awarded to the vessel the hull identification number the name and address of the owner and a description of the vessel except that certificates of registration for vessels constructed or assembled by the owner registered for the first time shall state all the foregoing information except the hull identification number The numbers shall be placed on each side of the forward half of the vessel in such posishytion as to provide clear legibility for identification except if the vessel is an airboat the numbers may be placed on each side of the rudder The numbers awarded to the vessel shall read from left to right and shall be in block characters of good proportion not less than 3 inches in height The numbers shall be of a solid color which will contrast with the color of the backshyground and shall be so maintained as to be clearly visishyble and legible ie dark numbers on a light background or light numbers on a dark background The certificate of registration shall be pocket-sized and shall be availshyable for inspection on the vessel for which issued whenshyever such vessel is in operation

6) When the ownership of a registered vessel changes an application for transfer of registration shall be filed with the county tax collector by the new owner within 20 days with a fee of $325 The county tax collecshytor shall retain $225 of the fee

(7) A decal signifying the year or years during which the certificate is valid shall be furnished by the departshyment with each registration certificate issued The decal issued to an undocumented vessel shall be displayed by affixing it to the hull of the port (left) side of the vessel either before or after the registration number The decal issued to a documented vessel may be affixed to a winshydow or the windshield on the port side of the vessel A decal issued to a dealer shall be affixed with the regisshytration number to a removable sign pursuant to s 327 13(2) Any decal for a previous year shall be removed from a vessel operating on the waters of the state A decal issued to replace a lost or misplaced decal may be obtained by submitting $225 with a request for such replacement decal to the county tax collector of the county where the decal was issued No replacement decal shall be issued except upon receipt of a written request by the registered owner or persons authorized by the owner lo make such a request The department shall supply application forms for replace-

men decals and require any information or documents necessary to secure reasonable proof of authority of the person making the request

(8) A duplicate registration certificate to replace a lost or misplaced certificate may be obtained by submitshyting $225 with a request for such a duplicate certificate to the county tax collector of the county where issued No duplicate certificate shall be issued except upon writshyten request of the registered owner or persons authorshyized by such owner to make such a request The departshyment shall supply application forms for such duplicate certificates and require such information or documents as are necessary to secure reasonable proof of authority of the person making the request

(9) Should the classification of a vessel change from noncommercial to commercial or from commercial to noncommercial and a current registration certificate has been issued to the owner the owner shall forward his certificate to the county tax collector of the county where issued with a fee of $225 and a new certificate shall be issued

(10) Anyone guilty of falsely certifying any facts relatshying to application certificate transfer number decal or duplicate certificates or any information required under this section shall be punished as provided under this chapter

History-s 1 ch 59-399 s 1 ch 61middotmiddotmiddot511 s 3 ch 63-103 s ch 65-361 ss 25 35 ch 69-106 ss 15 en 74-327 s 1 ch BD-266 s 50 s 4 ch 81-100 s 1 ch 2 ch 83-102 s 5 ch 84-184 s 2 ch s 5 ch 85-324 s 2 ch

Note-Fonner s

327 12 Reregistration by mail-The Department of Natural Resources shall promulgate rules and regulashytions to permit the reregistration of vessels by mail

History-s 7 ch 70-middot336 s 6 ch 84-184 Note~Former s 371055

32713 Special manufacturers and dealers numshyber-

(1) The description of a vessel used for demonstrashytion sales promotional or testing purposes by a manushyfacturer or dealer shall be omitted from the certificate of registration In lieu of the description the word manushyfacturer or dealer as appropriate shall be plainly marked on the certificate

(2) The manufacturer or dealer shall have the numshyber awarded printed upon or attached to a removable sign or signs to be temporarily but firmly mounted upon or attached to the vessel being demonstrated proshymoted or tested so long as the display meets the requirements of this chapter

(3) A dealer registration shall not be issued to a manshyufacturer or a dealer pursuant to this chapter unless he provides to the county tax collector a copy of his current sales tax certificate of registration if such certificate is required from the Department of Revenue and a copy of his current commercial or occupational business license if such license is required by the local governshymental entity in which the manufacturer or dealer opershyates a vessel

(4) A manufacturer or dealer shall not use or authoshyrize the use of any vessel registered pursuant to this section for other than demonstration sales promotional or testing purposes Such vessel shall not be used for

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any commercial or other use not specifically authorized by this section


32714 Federal numbering system adopted-(1) The vessel registration number issued shall be of

the pattern prescribed by regulations of the United States Coast Guard and shall be divided into parts The first part shall consist of the symbols identifying the state followed by a combination of numerals and letters which furnish individual vessel identification The group of digits appearing between letters shall be separated from those letters by hyphens or equivalent spaces

(2) The first part of the number shall be a symbol indicating Florida which shall be FL

(3) The remainder of the vessel number shall consist of not more than four Arabic numerals and two capital letters or not more than three Arabic numerals and three capital letters in sequence separated by a hyphen or equivalent space in accordance with the serials numershyically and alphabetically

(4) Since the letters I 0 and Q may be mistaken for Arabic numerals all letter sequences using I 0 and Q shall be omitted Objectionable words formed by the use of two or three letters shall not be used


32715 Exemption from numbering provisions-A boat shall not be required to be numbered under this chapter if it is in one of the following classifications

(1) Undocumented vessels used exclusively for racshying

(2) Vessels operating under valid temporary certifishycate of number

(3) A vessel already covered by a number in full force and effect which has been awarded to it pursuant to federal law or a federally approved numbering system of another state provided that such boat shall not have been within this state for a period in excess of 90 conshysecutive days

(4) A boat from a country other than the United States temporarily using the waters of this state

(5) A boat whose owner is the United States (6) A ships lifeboat (7) A boat holding a valid marine document issued

by the United States Bureau of Customs or any agency successor thereto

(8) A boat used exclusively on a privately owned lake

History-s 1 ch 59-399 ss 2 3 ch 61-511 s 1 ch 65-361 Note-Former s 371131

32716 Reciprocity of nonresident or alien vessels The owner of any vessel already covered by a number in full force and effect which has been awarded to it purshysuant to the operative federal law or a federally approved numbering system of another state shall recshyord the number prior to operating the vessel on the waters of this state in excess of the 90-day reciprocity period provided for in this chapter Such recordation shall be pursuant to the procedure required for the award of an original number except that no additional or substitute number shall be issued if the vessel owner

maintains the previously awarded number in full force and effect


32717 Military personnel registration penalties (1) Any military personnel on active duty in this state

operating a vessel that has a valid certificate of registrashytion pursuant to the operative federal law or a federally approved numbering system of another state shall not be required to register his vessel in this state while such certificate of registration remains valid but at the expirashytion of such registration certificate all registration and titling shall be issued by this state

(2) A person who violates the provisions of this secshytion is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

History-ss 1 5 ch 67-586 s 302 ch 71-136 s 6 ch 84-184 Note-Former s 371082

327 18 Only authorized number to be used-No number other than the number awarded to a vessel or granted reciprocity pursuant to this chapter shall be painted attached or otherwise displayed on either side of the bow of such vessel


32719 Change of interest and address-( 1) The owner shall furnish the department notice of

the transfer of all or any part of his interest in a vessel registered or titled in this state pursuant to this chapter or chapter 328 or of the destruction or abandonment of such vessel within 20 days thereof Such transfer destruction or abandonment shall terminate the certifishycate for such vessel except that in the case of a transfer of a part interest which does not affect the owners right to operate such vessel such transfer shall not terminate the certificate

(2) Any holder of a certificate of registration shall notify the department or the county tax collector of the county in which the certificate was issued within 20 days if his address no longer conforms to the address appearing on the certificate and shall as a part of such notification furnish the department or such county tax collector with his new address The department may provide in its rules and regulations for the surrender of the certificate bearing the former address and its replacement with a certificate bearing the new address or for the alteration of an outstanding certificate to show the new address of the holder

History-s 1 ch 59-399 s 1 ch 65-361 ss 25 35 ch 69-106 s 5 ch 74-327 s 6 ch 84-184


32721 Legislative intent with respect to registrashytion and numbering of vessels-lt is the legislative intent that vessels be registered and numbered unishyformly throughout the state The purpose of ss 327 22 32723 32725 32758 32770 and 32772 is to make registration and numbering procedures similar to those of automobiles and airplanes and to provide for a vessel registration fee and certificate so as to determine the ownership of vessels which operate on the waters of this state and to aid in the advancement of maritime safety


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327 22 Regulation of vessels by municipalities or counties-

(1) Nothing in this chapter shall be construed to proshyhibit any municipality or county that expends money for the patrol regulation and maintenance of any lakes rivshyers or waters and for other boating-related activities in such municipality or county from regulating vessels resishydent in such municipality or county Any county and the municipalities located within the county may jointly regushylate vessels

(2) Any county may impose an annual registration fee on vessels registered operated or stored in the water within its jurisdiction This fee shall be 50 percent of the applicable state registration fee However the first $1 of every registration imposed under this subsection shall be remitted to the state for deposit in the Save the Manatee Trust Fund for expenditure solely on activities related to the preservation of manatees All other monshyeys received from such fee shall be expended for the patrol regulation and maintenance of the lakes rivers and waters and for other boating-related activities of such municipality or county A municipality that was imposing a registration fee before April 1 1984 may continue to levy such fee notwithstanding the provishysions of this section

(3) Any county which imposes an annual registration fee may establish by interlocal agreement with one or more of the municipalities located in the county a distrishybution formula for dividing the proceeds of the fee or for use of the funds for boating-related projects located within the county or the municipality or municipalities or the county and the municipality or municipalities

History-s 1 ch 65-361 s 8 ch 74-327 s112 ch 77-104 s 24 ch 79-334 s 2 ch 82-17 s 7 ch 84-184 s 1 ch 85-108 s 1 ch 85-287 s 4 ch 89-168 s 1 ch 90-219

Note-Former s 37163

32723 Exemption of vessels and outboard motors from personal property tax temporary certificate of registration vessel registration certificate fee-

( 1) Every vessel registered as provided herein and outboard motor capable of propelling any such vessel shall be exempt from any personal property tax and in lieu thereof shall pay a vessel registration certificate fee A certificate of registration shall be issued for any docushymented vessel the owner of which has paid the registrashytion certificate fee but no state registration number shall be issued to such vessel

(2) A temporary certificate of registration may be issued to a vessel for which the owner has made applishycation to the United States Coast Guard for documentashytion and has paid the applicable registration certificate fee pursuant to s 327 25(1 ) A temporary certificate of registration shall only be issued upon proof that all applishycable state sales taxes have been paid and that the application for documentation is on file with the United States Coast Guard Said temporary registration shall expire on June 30 of each year Any reregistration of such a vessel without the submission of the vessels documentation papers shall require written verification from the United States Coast Guard as to the current status of the application for the vessels documentation Upon receipt of the vessels documentation papers the owner shall bring them to the agent issuing the temposhyrary certificate for official recording of information

History-s 1 ch 65-361 s 8 ch 74-327 s 25 ch 79-334 s 77 ch 82-226 s 7 ch 84-184 s 2 ch 85-252

Note-Former s 37164

32724 Legislative intent with respect to uniform registration fee classification of vessels-lt is declared to be the intent of the Legislature that all vesshysels in the state be subject to a uniform registration fee at a rate based on the length of the vessels It is also declared to be the intent of the Legislature that all vesshysels be classified as either commercial or noncommershycial and that all such vessels be registered according to the provisions of s 327 25 Any vessel which is required to be registered and meets the definition of a commercial vessel shall be classified and registered as a commercial vessel Any vessel which is required to be registered and is not operated for commercial purshyposes shall be classified and registered as a noncomshymercial vessel


327 25 Classification registration fees and charges surcharge disposition of fees fines marine turtle stickers-

(1) VESSEL REGISTRATION FEE-Beginning with the registration and reregistration of vessels for fiscal year 1992-1993 vessels which are required to be regisshytered shall be classified for registration purposes according to the following schedule and the registration certificate fee shall be in the following amounts

Class A-1-Less than 12 feet in length and all canoes to which propulsion motors have been attached regardless of length $350

Class A-2-12 feet or more and less than 16 feet in length 1050 (To county) 285

Class 1-16 feet or more and less than 26 feet in length 1850 (To county) 885




Class 5-110 feet or more in length 12250 (To county) 8685

Dealer registration certificate 1650 (2) ANTIQUE VESSEL REGISTRATION FEE-(a) A vessel that is at least 30 years old used only

for noncommercial purposes and powered by the vesshysels original-type power plant may be registered as an antique vessel When applying for registration as an antique vessel the owner of such a vessel shall submit certification from a marine surveyor that the vessel meets the requirements of this paragraph

(b) The registration fee for an antique vessel shall be based on length according to the classification schedule in subsection (1 )

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Ch 327 VESSELS REGISTRATION AND SAFETY FS 1991 --------------- ~-----------------

(c) The registration number for an antique vessel shall be affixed on the forward half of the hull or on the port side of the windshield according toss 32711 and 32714

(d) The department may issue a decal identifying the vessel as an antique vessel The decal shall be placed within 3 inches of the registration number

(3) ALIEN OR NONRESIDENT LICENSE FEE-An additional license fee of $50 shall be required of all aliens or nonresidents of the state on all vessels not subject to a specific reciprocal agreement with another state which vessels are used for commercial purposes and owned in whole or in part by such aliens or nonresidents Such fee shall be in addition to the vessel registration fee required by this section

(4) SERVICE FEE-ln addition the vessel owner shall pay to the issuing agent a $225 service fee for each registration or reregistration as provided for in s 32711 There shall be no duplication of fees for vessels registered under this law Vessels may travel in saltwashyter or freshwater

(5) MAIL SERVICE CHARGE-A mail service charge shall be collected for each registration or reregshyistration mailed by the department or any tax collector All registrations and reregistrations shall be mailed by first-class mail The amount of the mail service charge shall be the actual postage required rounded to the nearest 5 cents plus a 25-cent handling charge The mail service charge shall be in addition to the service charge provided in subsection (4) and shall be used and accounted for in accordance with law

(6) SURCHARGE-ln addition during the period January 1 1989 through December 31 2003 there is hereby levied and imposed on each vessel registration fee imposed under subsection (1) a surcharge in the amount of $1 which shall be collected in the same manshyner as the fee and deposited into the State Agency Law Enforcement Radio System Trust Fund of the Departshyment of General Services

(7) VOLUNTARY CONTRIBUTIONS-The applicashytion form for boat registration shall include a provision to allow each applicant to indicate his desire to pay an additional voluntary contribution to the Save the Manashytee Trust Fund for manatee and marine mammal research protection recovery rescue rehabilitation and release This contribution shall be in addition to all other fees and charges The amount of the request for a voluntary contribution solicited shall be $1 per regisshytrant Beginning with boat registration in fiscal year 1992-1993 the request for a voluntary contribution solicited shall be $2 or $5 per registrant A registrant who provides a voluntary contribution of $5 or more shall be given a sticker or emblem by the tax collector to disshyplay which signifies support for the Save the Manatee Trust Fund All voluntary contributions shall be deposshyited in the Save the Manatee Trust Fund for use accordshying to this subsection The first $2 of voluntary contribushytion by a vessel registrant shall be available for the manshyatee protection and recovery effort pursuant to s 37012(5)(a) Any additional amount of voluntary contrishybution by a vessel registrant shall also be for the purshypose of the manatee protection and recovery effort except that any voluntary contribution in excess of the

first $2 voluntary contribution by a vessel registrant but not exceeding $2 shall be availabl13 for manatee rehabilishytation by those facilities approved to rescue rehabilishytate and release manatees pursuant to s 37012(5)(b) The form shall also include language permitting a volunshytary contribution of $5 per applicant which contribution shall be transferred into the Election Campaign Financshying Trust Fund A statement providing an explanation of the purpose of the trust fund shall also be included

(8) REGISTRATION DATE-The registration and reregistration of vessels requiring registration and payshyment of the above fees for the ensuing year shall begin on June 1 and end on July 15 except that the Governor may extend the period of registration for an additional 30 days when such extension is cjesirable

(9) FRACTIONAL REGISTRATION FEE-Any vessel registered in this state for the first rime between January 1 and June 30 shall be charged one-half the annual regshyistration fee The above fractional ate does not apply to vessels subject to registration prix to December 31 If ownership of a vessel which is subject to reregistration but which is not reregistered is tra 1sferred after Decemshyber 31 the new owner shall pay only one-half the annual registration fee

(10) EXPIRED REGISTRATION-The operation of a previously registered vessel afte1middot July 15 unless the period is extended without a current registration as proshyvided under this law is a noncriminal violation as defined in s 32773

(11) EXEMPTIONS-Vessels owned and operated by Sea Explorer or Sea Scout units of the Boy Scouts of America the Girl Scouts of America or the Associated Marine Institutes Inc and its affiliates and vessels used exclusively for commercial fishing and not propelled or powered by machinery of any horsepower are exempt from the provisions of subsection (1) Such vessels shall be issued certificates of registration and numbers upon application and payment of the smvice fee provided in subsection (4)

(12) DISTRIBUTION OF FEES-Moneys deposited pursuant to s 32728 to be returned to the counties are appropriated to the department for grants to the county general governments for the sole purposes of providing recreational channel marking and public launching facilishyties and other boating-related activities and for manatee and marine mammal protection and recovery The department shall ascertain as a nuideline in determinshying the amounts of grants each county may receive the number of noncommercial vessels registered in the county during the preceding fiscal year according to the fee schedule provided in subsection (1) and shall proshymulgate rules and regulations to eftectuate this Each fisshycal year prior to determination of tl1e grants to the counshyties under this section an amount equal to $1 for each vessel registered in this state shall be available for manshyatee and marine mammal research protection and recovery

(13) OPTIONAL REGISTRATION OATE-lf the department determines that it is i11 the best interest of the state to issue the vessel registrations and reregistrashytions required under this chapter based on the birth month of an applicant who is a natural person in lieu of the provisions of subsections (8) (9) and (10) the

628


department may establish by rule a procedure to do so The rule shall contain a provision for payment of oneshyhalf the annual fee for persons registering or reregistershying vessels for 6 months or less For persons registering or reregistering vessels under this procedure the operashytion of a previously registered vessel after midnight of the last day of a persons birth month without a current registration as provided under this law is a noncriminal violation as defined ins 77508(3) and shall subject the owner thereof if he is present or if the owner is not present the operator thereof to a fine of $15

(14) MARINE TURTLE STICKER-Effective fiscal year 1992-1993 and thereafter the department shall offer for sale with vessel registrations a waterproof sticker in the shape of a marine turtle at an additional cost of $5 the proceeds of which shall be deposited in the Marine Turtle Protection Trust Fund to be used for marine turtle protection research and recovery efforts pursuant to the provisions of s 37012(1 )

History-s 1 ch 65-361 s 2 ch 67-586 s 1 ch 69-300 s 4 ch 70-336 s 1 ch 73-146 ss 9 15 ch 74-327 s 1 ch 77-174 s 81 ch 79-164 s 1 ch 79-307 ss 26 30 ch 79-334 s 1 ch 79-364 s 2 ch 80-266 s 51 ch 80-274 s 9 ch 81-100 s 2 ch 82-97 s 2 ch 82-181 s 78 ch 82-226 s 9 ch 84-184 s 66 ch 84-338 s 6 ch 85-324 s 2 ch 87-392 s 3 ch 88-144 s 3 ch 88-336 s 5 ch 89-168 s 2 ch 90-219 s 29 ch 91-107 s 1 ch 91-199 s 1 ch 91-215 s 83 ch 91-221

Note-Former s 37165

327 26 Stickers or emblems for the Save the Manashytee Trust Fund-The Department of Natural Resources shall prepare stickers or emblems signifying support for the Save the Manatee Trust Fund which shall be given to persons who contribute to the Save the Manatee Trust Fund as provided in s 32725 The department may accept stickers or emblems donated by any govshyernmental or nongovernmental entity for the purposes of this section

History-s 4 ch 91-199

32728 Motorboat Revolving Trust Fund appropriashytion and distribution-

( 1) All funds collected from the registration of vesshysels through the department and the tax collectors of the state shall be deposited by the department in a Motorboat Revolving Trust Fund in order to provide for the administrative cost of this chapter and for recreshyational channel marking public launching facilities law enforcement and quality control programs aquatic weed control manatee protection recovery rescue rehabilitation and release and marine mammal protecshytion and recovery The funds collected pursuant to s 32725(1) shall be transferred as follows

(a) In each fiscal year an amount equal to $1 for each vessel registered in this state shall be transferred to the Save the Manatee Trust Fund for manatee and marine mammal research protection and recovery in accordance with the provisions of s 37012(5)(a)

(b) In addition in each fiscal year an amount equal to 50 cents for each vessel registered in this state shall be transferred to the Save the Manatee Trust Fund in accordance with the provisions of s 37012(5)(b) for use by those facilities approved to rescue rehabilitate and release manatees as authorized pursuant to the Fish and Wildlife Service of the United States Department of the Interior

(c) Two dollars from each noncommercial vessel registration fee except that for class A-1 vessels shall be transferred to the Aquatic Plant Control Trust Fund for aquatic weed research and control

(d) Forty percent of the registration fees from comshymercial vessels shall be transferred to the Florida Saltshywater Products Promotion Trust Fund to be used for law enforcement and quality control programs

(e) Forty percent of the registration fees from comshymercial vessels shall be transferred to the Aquatic Plant Control Trust Fund for aquatic plant research and conshytrol

(2) From the funds collected through vessel registrashytion and deposited in the Motorboat Revolving Trust Fund the Legislature shall appropriate sufficient funds to the department for the administration of this part and for recreational channel marking public launching facilishyties law enforcement and quality control programs aquatic weed control

(3) All funds collected pursuant to s 37006(2) shall be deposited in the Motorboat Revolving Trust Fund Such funds shall be used to pay the cost of implementshying the saltwater products license program Additional proceeds from the licensing revenue shall be distributed among the following program functions

(a) No more than 15 percent nor less than the amount deposited in the Marine Fisheries Commission Trust Fund pursuant to this subsection in fiscal year 1987-1988 shall go to the Marine Fisheries Commission Trust Fund

(b) No more than 15 percent shall go to law enforceshyment

(c) No more than 25 percent shall go to marketing and extension services including industry information and education and

(d) The remainder but at least 45 percent shall go to the Division of Marine Resources for use in marine research and statistics development including quota management

(4) All funds collected pursuant to s 32803(7) shall be deposited in the Motorboat Revolving Trust Fund Such funds shall be used for artificial reef construction and other boating-related activities

History-s 1 ch 59-399 s 2 ch 61-119 s 1 ch 63-105 s 1 ch 65-361 ss 12 25 35 ch 69-106 s 1 ch 69-400 s 5 ch 70-336 s 5 ch 74-327 s 1 ch 77-174 s 11 ch 83-134 s 10 ch 84-184 s 67 ch 84-338 s 2 ch 85-108 s 6 ch 89-168 s 4 ch 89-250 s 3 ch 90-219 s 2 ch 91-199


32729 Crimes relating to registration decals penshyalties-

(1) It is unlawful for any person to make alter forge counterfeit or reproduce a Florida registration decal unless authorized by the department

(2) It is unlawful for any person knowingly to have in his possession a forged counterfeit or imitation Florida registration decal or reproduction of a decal unless possession by such person has been duly authorized by the department

(3) It is unlawful for any person to barter trade sell supply agree to supply aid in supplying or give away a Florida registration decal or to conspire to barter trade sell supply agree to supply aid in supplying or give away a registration decal unless duly authorized to

629


issue the decal by the department as provided in this chapter or in rules of the department

(4) Any person who violates any of the provisions of this section is guilty of a felony of the third degree punshyishable as provided in s 775082 s 775083 or s 775084

HistorymiddotmiddotmiddotmiddotmiddotS t ch 80-266 Note-Former s 371053

32730 Collisions accidents and casualties-(1) It shall be the duty of the operator of a vessel

involved in a collision accident or other casualty so far as he can do so without serious danger to his own vesshysel crew and passengers if any to render to other pershysons affected by the collision accident or other casushyalty such assistance as may be practicable and as may be necessary in order to save them from or minimize any danger caused by the collision accident or other casushyalty and also to give his name address and identificashytion of his vessel in writing to any person injured and to the owner of any property damaged in the collision accishydent or other casualty The operator of a vessel involved in an accident with an unattended vessel shall take all reasonable steps to locate and notify the owner or pershyson in charge of such vessel of the foregoing accident furnishing to such owner his name address and regisshytration number and reporting as required under this secshytion

(2) In the case of collision accident or other casushyalty involving a vessel in or upon or entering into or exitshying from the water including capsizing collision with another vessel or object sinking personal injury death disappearance of any person from on board under cirshycumstances which indicate the possibility of death or injury or damage to any vessel or other property in an apparent amount of at least 1$500 the operator shall immediately or as soon as practicable report such accishydent to the Division of Law Enforcement which shall notify the sheriff of the county wherein such accident occurred and to the Game and Fresh Water Fish Comshymission However when an investigating officer has made a written report of the accident no report need be made by the operator of the vessel to the Division of Law Enforcement

(3) All accident reports required by this section made by persons involved in accidents shall be without prejudice to the individual so reporting No report shall be used as evidence in any trial civil or criminal arising out of an accident

(4) 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 pershysons involved or without 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 Any person who violates this subsection with respect to an accident resulting in personal injury is guilty of a felony of the third degree punishable as provided in s 775082 s 775083 or s 775084 Any person who vioshylates this subsection with respect to an accident resultshying in property damage only is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(5) Any law enforcement officer who makes an investigation at or about the scene of a boating collision or accident may arrest the operator of any vessel involved in the accident or collision when based upon personal investigation the officer has probable cause to believe that the operator has committed any offense in connection with the accident or collision The investigatshying officer shall file an accident report with the Division of Law Enforcement as soon as practicable upon comshypletion of the investigation Copies of the accident report shall be transmitted to the appropriate sheriff and Game and Fresh Water Fish Commission office

History-s 1 s 4 ch 61-511 s 1 ch 65-361 ss ch 69-106 s 34 ch ch 81-100 s 24 ch 87-243 s 1 ch s 3 ch 89-117 s 44 ch

Note-The words to any vessel or dock which followed the reference to $500 were deleted by the editors to correct an apparent drafting error


32731 Transmittal of information-ln accordance with any request made by an authorized official or agency of the United States any information compiled or otherwise available to the Division of Marine Resources concerning accidents or other data shall be transmitted to said official or agency of the United States and annual statistics shall be assembled as required by federal law

History-s 1 ch 59-399 s 1 ch 65-361 ss 25 35 ch 69-106 Note-Former s 371151

32732 Vessel declared dangerous instrumentality civil liability-All vessels of whatever classification shall be considered dangerous instrumentalities in this state and any operator of a vessel shall during any utilishyzation of the vessel exercise the highest degree of care in order to prevent injuries to others Liability for reckless or careless operation of a vessel shall be confined to the operator in immediate charge of the vessel and not imposed upon the owner of the vessel unless the owner is the operator or is present in the vessel when any injury or damage is occasioned by the reckless or careless operation of such vessel whether such recklessness or carelessness consists of a violation of the provisions of the statutes of this state or disregard in observing such care and such operation as the rules of the common law require

History-s 3 ch 59-400 s 1 ch 65-361 s 5 ch 84-188 s 11 ch 85-81 Note -Former s 37152

32733 Reckless or careless operation of vesselshy(1) It is unlawful to operate a vessel in a reckless

manner A person is guilty of reckless operation of avesshysel 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 endanshyger life or limb or damage the property of or injure any person Any person who violates a provision of this subshysection is guilty of a misdemeanor of the first degree punishable as provided in s 775082 or s 775083

(2) Any person operating a vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner having regard for other waterborne traffic posted speed and wake restrictions and all other attendant circumstances so as not to endanger the life limb or property of any person The failure to operate a

630


vessel in such a manner constitutes careless operation However vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel shall absent negligence not constitute damage or endangerment to property Any person who violates the provisions of this subsection is guilty of a noncriminal violation as defined in s 77508

(3) Each person operating a vessel upon the waters of this state shall comply with the navigation rules

(a) A person whose violation of the navigation rules results in a boating accident but whose violation did not constitute reckless operation of a vessel is guilty of a misdemeanor of the second degree punishable as proshyvided in s 775082 or s 775083

(b) A person whose violation of the navigation rules does not result in a boating accident and does not conshystitute reckless operation of a vessel is guilty of a nonshycriminal violation as defined in s 77508

(c) Law enforcement vessels may deviate from the navigational rules when such diversion is necessary to the performance of their duties and when such deviation may be safely accomplished

(4) Unless otherwise provided in this chapter the ascertainment of fault in vessel operations and boating accidents shall be determined according to the navigashytion rules

History-middots ch 59-400 s 3 ch 63-105 s 6 ch 84-188 s ch 86-35 s 2 ch 88-133 s ch

Note-Former s 37150

81-100 s ch 91-224

32734 Incapacity of operator-lt is unlawful for the owner of any vessel or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel under the prevailing circumstances Nothing in this secshytion shall be construed to prohibit operation of boats by paraplegics who are licensed to operate motor vehicles on the highways

History-s 4 ch 63-105 s 1 ch 65-361 Note-Former s 371504

327 35 Operating vessel while under the influence of alcoholic beverages chemical substances or conshytrolled substances penalties-

(1) It is unlawful and punishable as provided in subshysection (2) for

(a) Any person who is under the influence of alcoshyholic beverages any chemical substance set forth in s 877 111 or any substance controlled under chapter 893 when affected to the extent that his normal faculties are impaired to operate a vessel on the waters of this state or

(b) Any person with a blood or breath alcohol level of 010 percent or above to operate a vessel within this state

(2) Any person who is convicted of a violation of subshysection (1) shall be punished

(a) By a fine of 1 Not less than $250 or more than $500 for a first

conviction 2 Not less than $500 or more than $1000 for a sec-

ond conviction or 3 Not less than $1000 or more than $2500 for a

third or subsequent conviction and

631

(b) By imprisonment for 1 Not more than 6 months for a first conviction 2 Not more than 9 months for a second conviction

or 3 Not more than 12 months for a third or subse-

quent conviction (3) In addition to any sentence or fine imposed

under this section the court shall require any person convicted of violating this section ors 327351 to attend a substance abuse course specified by the court and the agency conducting the course may refer such pershyson to an authorized agency for substance abuse evalushyation and treatment Such person shall assume the reashysonable costs for such education evaluation and treatshyment The term substance abuse means the abuse of alcohol or any substance named or described in Schedshyules I through V of s 89303

(4) With respect to any person convicted of a violashytion of subsection (1) regardless of any penalty imposed pursuant to subsection (2)

(a) For the first conviction for violation of this section the court shall order the defendant to participate in pubshylic service or a community work project for a minimum of 50 hours

(b) For the second conviction within a period of 3 years from the date of a prior conviction for violation of this section the court shall order imprisonment for not less than 10 days

(c) For the third conviction within a period of 5 years from the date of a prior conviction for violation of this secshytion the court shall order imprisonment for not less than 30 days

History-s 2 ch 5 ch 63-105 s 1 ch 65-361 s 1 ch 71-81 s 22 ch 73-331 s s 7 ch 84-188 s 7 ch 91-255

Note -Former s

327351 Operation of a vessel while intoxicated punishment-

(1) It is unlawful for any person while in an intoxishycated condition or under the influence of alcoholic bevershyages any chemical substance set forth in s 877 111 or any substance controlled under chapter 893 to the extent that his normal faculties are impaired to operate on the waters of this state any vessel Any person conshyvicted of a violation of this section shall be punished as provided in s 32735 For the purposes of this subsecshytion a previous conviction under s 32735 shall also be considered a previous conviction for violation of this subshysection

(2) If however damage to the property or person of another other than damage resulting in the death of any person is done by such intoxicated person under the influence of alcoholic beverages any chemical subshystance set forth in s 877 111 or any substance conshytrolled under chapter 893 to the extent that his normal faculties are impaired by reason of the operation of any vessel mentioned herein such person is guilty of a misshydemeanor of the first degree punishable as provided in s 775082 ors 775083 but the penalty imposed for a violation of this subsection shall be not less than the penalty provided under s 32735 and if the death of any human being is caused by the operation of a vessel by any person while so intoxicated such person shall be deemed guilty of manslaughter and on conviction shall


be punished as provided by existing law relating to manshyslaughter

(3) A conviction under the provisions of this section shall not be a bar to any civil suit tor damages against the person so convicted

information to the defendant or the defendants attorshyney and liability of medical institutions and persons administering such tests are incorporated into this act

History-s 1 ch 84-188 s 25 ch 87-243 s 3 ch 87-392 s 11 ch 91-255

(2) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as

327352 Tests for impairment or intoxication right evidence in a criminal prosecution for the possession of to refuse- a controlled substance

(1)(a) The Legislature declares that the operation of (3) Notwithstanding any provisions of law pertaining a vessel is a privilege that must be exercised in a reason- to the confidentiality of hospital records or other medical able manner In order to protect the public health and records information obtained pursuant to this section safety it is essential that a lawful and effective means shall be released to a court prosecuting attorney of reducing the incidence of boating while impaired or defense attorney or law enforcement officer in connec-intoxicated be established tion with an alleged violation of s 32735 or s 327351

(b) Any person who operates a vessel within this upon request for such information state Shall submit to an approved chemical breath test Hlstory-s 2 ch 81-188 s 3 ch 88-82 s 3 ch 88-133 s 8 ch 91-255

or physical test including but not limited to an infrared 3273521 Penalty for failure to submit to test-light test to determine the alcoholic content of the blood or breath and to a urine test to detect the presence of (1) A person who is lawfully arrested for an alleged controlled substances if that person is lawfully arrested violation of s 327 35 and who refuses to submit to a for any offense allegedly committed while he was oper- breath test or urine test pursuant to s 327352 is subject ating a vessel while under the influence of alcoholic bev- to a civil penalty of $500 erages or controlled substances The chemical or physi- (2) When a person refuses to submit to a breath test cal breath test shall be incidental to a lawful arrest and or urine test pursuant to s 327352 a law enforcement administered at the request of a law enforcement officer officer who is authorized to make arrests for violations who has probable cause to believe such person was of this chapter shall file with the clerk of the court on a operating the vessel within this state while under the form provided by the department a certified statement influence of alcoholic beverages The urine test shall be that probable cause existed to arrest the person for a incidental to a lawful arrest and administered at a deten- violation of s 32735 and that the person refused to subshytion facility mobile or otherwise which is equipped to mil to a test as required bys 327352 administer such tests at the request of a law enforce- (3) The clerk of the court upon receipt of the state-ment officer who has probable cause to believe such ment from the law enforcement officer shall officially person was operating a vessel within this state while notify the person by certified mail that he must pay a civil under the influence of controlled substances The urine penalty of $500 to the clerk of the court within 30 calen-test shall be administered at a detention facility or any dar days after receipt of the notice other facility mobile or otherwise which is equipped to (4) A person who has received a notice pursuant to administer such tests in a reasonable manner that will subsection (3) may within 30 days after the receipt ensure the accuracy of the specimen and maintain the request a hearing before a county court judge A privacy of the individual involved The administration of request for a hearing tolls the period for payment of the either test shall not preclude the administration of the civil penalty and if assessment of the civil penalty is other test The person shall be told that his failure to sub- sustained by the hearing and any subsequent judicial mit to a breath test or a urine test or both will result in review the civil penalty must be paid within 30 days a civil penalty of $500 The refusal to submit to a chemi- after final disposition The clerk of the court shall notify cal or physical breath or urine test upon the request of the department of the final disposition of all actions filed a law enforcement officer as provided in this section under this section shall be admissible into evidence in any criminal pro- (5) It is unlawful for any person who has not paid a ceeding civil penalty imposed pursuant to this section or who

(c) If the arresting officer does not request a chemi- has not requested a hearing with respect to the civil cal or physical breath test of the person arrested for any penalty within 30 calendar days after receipt of notice offense allegedly committed while the person was oper- of the civil penalty to operate a vessel upon the waters ating a vessel while under the influence of alcoholic bev- of this state Violation of this subsection is a misde-erages or controlled substances such person may meanor of the first degree punishable as provided ins request the arresting officer to have a chemical or physi- 775082 or s 775083 cal test made of the arrested persons breath or a test (6) Moneys collected by the clerk of the court pursu-of the urine or blood for the purpose of determining the ant to this section shall be disposed of in the following alcoholic content of the persons blood or breath or the manner presence of controlled substances and if so requested (a) If the arresting officer was employed or the arresting officer shall have the test performed appointed by a state law enforcement agency the mon-

(d) The provisions of s 3161932(1 )(f) relating to eys shall be deposited into the Motorboat Revolving administration of tests for determining the weight of Trust Fund alcohol in the defendants blood or breath additional (b) ff the arresting officer was employed or tests at the defendants expense availability of test appointed by a county or municipal law enforcement

632


agency the moneys shall be deposited into the law enforcement trust fund of that agency

Hlslory-s 4 ch 88-133 s 46 ch 91-224 s 11 ch 91 middot255

327 353 Blood test for impairment or intoxication in cases of death or serious bodily injury right to use reashysonable force-

( 1 )(a) Notwithstanding any recognized ability to refuse to submit to the tests provided in s 327352 if a law enforcement officer has probable cause to believe that a vessel operated by a person under the influence of alcoholic beverages or controlled substances has caused the death or serious bodily injury of any human being including the operator of the vessel such person shall submit upon the request of a law enforcement offishycer to a test of his blood for the purpose of determining middotthe alcoholic content thereof or the presence of conshytrolled substances therein The law enforcement officer may use reasonable force if necessary to require such person to submit to the administration of the blood test The blood test shall be performed in a reasonable manshyner

(b The term serious bodily injury means a physical condition which creates a substantial risk of death serishyous personal disfigurement or protracted loss or impairment of the function of any bodily member or organ

(2) The provision of s 3161933(2) relating to blood tests for impairment or intoxication are incorporated into this act

(3)(a) Any criminal charge resulting from the incident giving rise to the officers demand for testing should be tried concurrently with a charge of any violation arising out of the court If such charges are tried separately the fact that such person refused resisted obstructed or opposed testing shall be admissible at the trial of the criminal offense which gave rise to the demand for testshying

(b) The results of any test administered pursuant to this section for the purpose of detecting the presence of any controlled substance shall not be admissible as evidence in a criminal prosecution for the possession of a controlled substance

(4) Notwithstanding any provision of law pertaining to the confidentiality of hospital records or other medical records information obtained pursuant to this section shall be released to a court prosecuting attorney defense attorney or law enforcement officer in connecshytion with an alleged violation of s 32735 ors 327351 upon request for such information

Hlstory-s 3 ch 84-188 s 26 ch 87-243 s 4 ch 87-392 s 11 ch 91-255

327 354 Presumption of impairment testing methshyods-

(1) It is unlawful and punishable as provided in s 327 35 for any person who is under the influence of alcoshyholic beverages or controlled substances when affected to the extent that his normal faculties are impaired to operate a vessel on the waters of this state

(2) Upon the trial of any civil or criminal action or proshyceeding arising out of acts alleged to have been commitshyted by any person while operating a vessel while under the influence of alcoholic beverages or controlled subshystances when affected to the extent that his normal tac-

ulties were impaired or to the extent that he was deprived of full possession of his normal faculties the results of any test administered in accordance with s 327352 ors 327353 and this section shall be admissishyble into evidence when otherwise admissible and the amount of alcohol in the persons blood or breath at the time alleged as shown by chemical analysis of the pershysons blood or by chemical or physical test of the pershysons breath shall give rise to the following presumpshytions

(a) If there was at that time 005 percent or less by weight of alcohol in the persons blood or breath it shall be presumed that the person was not under the influshyence of alcoholic beverages to the extent that his normal faculties were impaired

(b lf there was at that time in excess of 005 percent but less than 010 percent by weight of alcohol in the persons blood or breath such fact shall not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his normal faculties were impaired but such fact may be considered with other competent evidence in determinshying whether the person was under the influence of alcoshyholic beverages to the extent that his normal faculties were impaired

(c) If there was at that time 010 percent or more by weight of alcohol in the persons blood or breath that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired

The percent by weight of alcohol in the blood shall be based upon grams of alcohol per mo milliliters of blood when analyzing blood or grams of alcohol per 210 liters of breath when analyzing breath The foregoing provishysions of this subsection shall not be construed as limitshying the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his normal faculties were impaired

(3) A chemical analysis of a persons blood to detershymine its alcoholic content or a chemical or physical analshyysis of a persons breath in order lo be considered valid under the provisions of this section must have been pershyformed substantially in accordance with methods approved by the Department of Health and Rehabilitashytive Services and by an individual possessing a valid permit issued by the department for this purpose Any insubstantial differences between approved techniques and actual testing procedures in an individual case shall not render the test or test results invalid The Departshyment of Health and Rehabilitative Services may approve satisfactory techniques or methods ascertain the qualishyfication and competence of individuals to conduct such analyses and issue permits which shall be subject to termination or revocation in accordance with rules adopted by the department

(4) Any person charged with operating a vessel while under the influence of alcoholic beverages or conshytrolled substances to the extent that his normal faculties were impaired whether in a municipality or not shall be entitled to trial by jury according to the Florida Rules of Criminal Procedure

Hlstory-s 4 ch 84-188 s 4 ch 88~82 s 9 ch 91-255

633


327 36 Mandatory adjudication prohibition against accepting plea to lesser included offense-

(1) Notwithstanding the provisions of s 94801 no court may suspend defer or withhold adjudication of guilt or imposition of sentence for any violation of s 327351 for manslaughter resulting from the operation of a vessel or for vessel homicide

(2)(a) No trial judge may accept a plea of guilty to a lesser offense from a person who is charged with a violashytion of s 327351 manslaughter resulting from the opershyat1on of a vessel or vessel homicide and who has been given a breath or blood test to determine blood or breath alcohol content the results of which show a blood or breath alcohol content by weight of 20 percent or more

(b) No trial judge may accept a plea of guilty to a lesser offense from a person charged with a felony violashytion of s 327351(2) manslaughter resulting from the operation of a vessel or vessel homicide

Hlstory-s 27 ch 87-243 s 5 ch 87-392 s 10 ch 91-255

32737 Water skis and aquaplanes regulatedshy(1) No person shall operate a vessel on any waters

of this state towing a person on water skis or an aquashyplane or similar device unless there is in such vessel a person in addition to the operator in a position to observe the progress of the person being towed or the vessel is equipped with a wide-angle rear view mirror mounted in such manner as to permit the operator of the vessel to observe the progress of the person being towed This subsection does not apply to class A motorshyboats operated by the person being towed and designed to be incapable of carrying the operator in the motorboat

(2) No person shall engage in water skiing aquashyplaning or similar activity at any time between the hours from one-half hour after sunset to one-half hour before sunrise

(3) The provisions of subsections (1) and (2) do not apply to a performer engaged in a professional exhibishytion or a person preparing to participate in an official regatta boat race marine parade tournament or exhibishytion

(4) No person shall operate or manipulate any vesshysel tow rope or other device by which the direction or location of water skis aquaplane innertube sled or simshyilar device may be affected or controlled in such a way as to cause the water skis aquaplane innertube sled or similar device or any person thereon to collide or strike against any vessel bridge wharf pier dock buoy platform piling channel marker or other object except slalom buoys ski jumps or like objects used norshymally in competitive or recreational skiing

Hstory-s 5 ch 59-400 s 9 ch 63-105 s 1 ch 65-361 s 8 ch 84-188 s 6 ch 87-392

Note-Former s 37154

32738 Skiing prohibited while under influence of liquor or drugs-No person shall manipulate any water skis aquaplane or similar device from a vessel while intoxicated or under the influence of any narcotic drug barbiturate or marihuana to the extent that his normal faculties are impaired

Hlstory-s 4 ch 59-400 s 8 ch 63-105 s 1 ch 65-361 Note-Former s 37153

32739 Personal watercraft regulated-(1) A person may not operate a personal watercraft

unless each person riding on or being towed behind such vessel is wearing a type I type II type Ill or type V personal flotation device approved by the United States Coast Guard

(2) A person operating a personal watercraft equipped by the manufacturer with a lanyard type engine cutoff switch must attach such lanyard to his permiddot son clothing or personal flotation device as is approprishyate for the specific vessel

(3) A person may not operate a personal watercraft at any time between the hours from one-half hour after sunset to one-half hour before sunrise

(4) A personal watercraft must at all times be opershyated in a reasonable and prudent manner Maneuvers which unreasonably or unnecessarily endanger life limb or property including but not limited to weaving through congested vessel traffic jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed and swerving at the last possible moment to avoid collision shall constitute reckless opershyation of a vessel as provided ins 32733(1)

(5) No person under the age of 14 shall operate a personal watercraft on the waters of this state

(6) It is unlawful for the owner of any personal watershycraft or any person having charge over or control of a personal watercraft to authorize or knowingly permit the same to be operated by a person under 14 years of age in violation of this section Any person who violates this subsection shall be guilty of a misdemeanor of the secshyond degree punishable as provided in s 775082 ors 775083

(7) This section does not apply to a performer engaged in a professional exhibition or a person preparmiddot ing to participate or participating in a regatta race marine parade tournament or exhibition held in complishyance with s 32748

Hlstory-s 3 ch 89-136

327 40 Uniform waterway markers for safety and navigation-

(1) Waterways in Florida unmarked by the Coast Guard which need marking for safety or navigation purshyposes shall be marked under the Uniform Safety and Navigation System adopted by the advisory panel of state officials to the Merchant Marine Council of the United States Coast Guard

(2) Application for marking inland lakes and state waters and any navigable waters under concurrent jurismiddot diction of the Coast Guard and the division shall be made to the division accompanied by a map locating the approximate placement of markers a statement con-cerning the purpose of marking and the names of pershysons responsible for the placement and upkeep of such markers The division will secure the proper permission from the Coast Guard where required make such invesshytigations as needed and issue a permit The division shall furnish the applicant with the information concernshying the system adopted and regulations existing for placing and maintaining the uniform safety and navigashytion markers The division shall keep records of all

634


approvals given and counsel with individuals counties municipalities motorboat clubs or other groups desiring to mark waterways for safety and navigation purposes in Florida

(3) The placement of any safety or navigation marker on state submerged lands under this section does not subject such lands to the lease requirements of chapter 253

90~~~~ory-s 6 ch 63-105 s 1 c~ 65-361 ss 25 35 ch 69-106 s 4 ch


32741 Uniform waterway regulatory markersshy(1) The Department of Natural Resources shall on or

before July 1 1972 adopt rules and regulations estabshylishing a uniform system of regulatory markers for the Florida lntracoastal Waterway compatible with the sysshytem of regulatory markers prescribed by the United States Coast Guard and shall give due regard to the System of Uniform Waterway Markers approved by the Advisory Panel of State Officials to the Merchant Marine Council United States Coast Guard

(2) Any county or municipality which has been granted a restricted area designation pursuant to s 32746 for a portion of the Florida lntracoastal Waterway within its jurisdiction may apply to the Department of Natural Resources for permission to place regulatory markers within the restricted area

(3) Application for placing regulatory markers on the Florida lntracoastal Waterway shall be made to the Divishysion of Marine Resources accompanied by a map locatshying the approximate placement of the markers a stateshyment of the specification of the markers a statement of purpose of the markers and a statement of the city or county responsible for the placement and upkeep of the markers

(4) No person or municipality county or other govshyernmental entity shall place any regulatory markers in on or over the Florida lntracoastal Waterway without a permit from the Division of Marine Resources

(5) All regulatory markers in on or over the Florida lntracoastal Waterway in place on December 1 1972 which w~re not placed pursuant to a permit iss~ed by the D1v1s1on of Manne Resources or which do not comply with the standards adopted by the Department of Natushyral Resources shall be declared a nuisance The Division of Marine Resources shall have the authority to direct 1mmed1ate removal of any regulatory marker in violation of this section

History-s 2 ch 72-55 Note-Former s 371523

327 42 Mooring to or damaging of markers or buoys prohibited-

(1) No person shall moor or fasten a vessel to a lawshyfully placed aid-to-navigation marker or buoy regulamiddot tory marker or buoy or area boundary marker or buoy placed or erected by any governmental agency except 1n case of emergency

(2) No person shall willfully damage alter or move a lawfully placed aid-to-navigation marker or buoy regmiddot ulatory marker or buoy or area boundary marker or buoy

Hislory-s 1 er Note-Former s

32744 Interference with navigation-No person shall anchor operate or permit to be anchored except in case of emergency or operated a vessel or carry on any prohibited activity in a manner which shall unreasonshyably or unnecessarily constitute a navigational hazard or interfere with another vessel Anchoring under bridges or in or adjacent to heavily traveled channels shall conshystitute interference if unreasonable under the prevailing circumstances


32746 Restricted areas-(1) The department shall have the authority for

establishing by rule restricted areas on the waters of the state for any purpose deemed necessary for the safety of the public including but not limited to boat speeds and boat traffic where such restrictions are deemed necessary based on boating accidents visibilshyity tides congestion or other navigational hazards Each such restricted area shall be developed in consulshytation and coordination with the governing body of the county or municipality in which the restricted area is located and where required with the United States Army Corps of Engineers Restricted areas shall be established in accordance with procedures under chapmiddot ter 120

(2) It is unlawful for any person to operate a vessel or to carry on any prohibited activity as defined in this chapter deemed a safety hazard or interference with navigation as provided above within a restricted water area which has been clearly marked by buoys or some other distinguishing device as a bathing or otherwise restricted area in accordance with and marked as authorized under this chapter provided that this secshytion shalt not apply in the case of an emergency or to patrol or rescue craft

Hlstory-s ch s 1 ch 65-361 ss 25 35 ch 69-106 s 23 ch 78-95 s 7 ch


32748 Regattas races marine parades tournashyments or exhibitions-Any person directing the holdshying of a regatta tournament or marine parade or exhibishytion shall secure a permit from the Coast Guard when such event is held in navigable waters of the United States A person directing any such affair in any county shall notify the sheriff of the county the Game and Fresh Water Fish Commission or the department at least 15 days prior to any event in order that appropriate arrangemiddot ments for safety and navigation may be assured Any per~on or organization sponsoring a regatta or boat race marine parade tournament or exhibition shall be responsible for providing adequate protection to the parmiddot ticipants spectators and other users of the water

History~s 6 ch 59-400 s 10 ch 63-105 s 1 ch 65-361 ss 25 35 ch 69-106 s 6 ch 74-327

Note-Former s 37155

327 50 Vessel safety regulations equipment and lighting requirements-

(1) Every vessel on the waters of this state shall carry store maintain and use safety equipment in accordance with current United States Coast Guard safety equipment requirements as specified in the Code

635


of Federal Regulations unless expressly exempted by state law

(2) Every vessel on the waters of this state shall disshyplay the lights and shapes required by the navigation rules

(3) The use of sirens or flashing or revolving red or blue emergency lights on any vessel is prohibited except on a vessel operated by a law enforcement offishycer or fire protection officer in the performance of his offishycial duties or on a vessel engaged in emergency rescue activity

Hlstory-s 8 ch 59-400 s 13 ch 63-105 s 1 ch 65-361 s 7 ch 74-327 s 8 ch 81-100 s 2 ch 81-114 s 9 ch 84-188 s 2 ch 86-35 s 5 ch 88-133

Note-Former s 37157

32752 Maximum safety load plate attached-All vessels sold in Florida shall have attached thereto a plate stating the recommended number of persons or maximum weight load consistent with safe operation of the vessel This shall not apply to resales but it is the intent of this section to require manufacturers to furnish this information upon the original sale

History-s 11 ch 59-400 s 17 ch 63-105 s 1 ch 65- 361 Note-Former s 37160

32754 Liveries safety regulations penalty-(1) No livery shall knowingly lease hire or rent avesshy

sel to any person (a) When the number of persons intending to use

the vessel exceeds the number deemed to constitute a maximum safety load for the vessel pursuant to the authorized persons capacity plate of the vessel

(b) When the horsepower of the motor exceeds the capacity of the vessel making the vessel unsafe to opershyate

(c) When the vessel does not contain the required safety equipment pursuant to s 32750

(d) When the vessel is not seaworthy (2) If a vessel is unnecessarily overdue the livery

shall notify the proper authorities (3) A livery may not lease hire or rent a personal

watercraft to any person who is under 16 years of age (4) Any person convicted of violating this section is

guilty of a misdemeanor of the second degree punishshyable as provided in s 775082 or s 775083

(5) When the livery has complied with subsections (1 ) (2) and (3) its liability ceases and the person leasing the vessel from the livery is liable for any violations of this chapter and is personally liable for any accident or injury occurring while in charge of such vessel

History-s 12 ch 63- 105 s 1 ch 65-361 s 303 ch 71- 136s 10 c l1 84- 188 s 4 ch 89- 136


32756 Safety inspections qualified- No officer shall board any vessel to make a safety inspection if the owner or operator is not aboard When the owner or operator is aboard an officer may board a vessel with consent or when he has probable cause or knowledge to believe that a violation of a provision of this chapter has occurred or is occurring An officer may board avesshysel when the operator refuses to display the safety equipment required by law if requested to do so by a law enforcement officer

Hlstory- s 9 ch 59- 400 s 14 ch 63- 105 s 1 ch 65-361 s 11 ch 84- 188 Note-Former s 37158

32758 Jurisdiction-The safety regulations included under this chapter shall apply to all vessels except as specifically excluded operating upon the waters of this state

Hlatory-s 1 ch 65-361 s 27 ch 79- 334 s 10 ch 81-100 s 79 ch 82-226 Note- Former s 37166

32760 Local regulations limitations-(1) The provisions of ss 32701-3271 1 32713-

32716 32718 32719 32728 32730-32740 32744-132751 32754 32756 and 32765 shall govern the operation equipment and al l other matters relat ing thereto whenever any vessel shall be operated upon the waterways or when any activity regulated hereby shall take place thereon Nothing in these sections shall be construed to prevent the adoption of any ordinance or local law relating to operation and equipment of vessels except that no such ordinance or local law may apply to the Florida lntracoastal Waterway and except that such ordinances or local laws shall be operative only when they are not in conflict with this chapter or any amendshyments thereto or regulations thereunder

(2) Nothing contained in the provisions of this secshytion shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulashytions which prohibit or restrict the mooring or anchoring of floating structures or live-aboard vessels within their jurisdictions However local governmental authorities are prohibited from regulating the anchorage of nonshylive-aboard vessels engaged in the exercise of rights of navigation

Hlstory- s 10 ch 59-400 s 16 ch 63-105 s 1 ch 65-361 s 3 ch 72- 55 s 2 ch 83-20

Note-Repealed bys 14 ch 84- 188 Nole-Former s 37159

32765 Muffling devices-(1) The exhaust of every internal combustion engine

used on any vessel operated on the waters of this state shall be effectively muffled by equipment so conshystructed and used as to muffle the noise of the exhaust in a reasonable manner The use of cutouts is prohibited except for vessels competing in a regatta or omcial boat race and for such vessels while on trial runs

(2)(a) Any county wishing to impose additional noise pollution and exhaust regulations on vessels may pursushyant to s 32760(1) adopt by county ordinance the folshylowing regulations

1 No person shall operate or give permission for the operation of any vessel on the waters of any county or on a specified portion of the waters of any county including the Florida lntracoastal Waterway which has adopted the provisions of this section in such a manner as to exceed the following sound levels at a distance of 50 feet from the vessel for all vessels a maximum sound level of 90 dB A

2 Any person who refuses to submit to a sound level test when requested to do so by a law enforcement officer is guilty of a misdemeanor of the second degree punishable as provided in s 775082 or s 775083

(b) The following words and phrases when used in this section shall have the meanings respectively assigned to them in this subsection

1 dB A means the composite abbreviation tor the A- weighted sound level and the unit of sound level the decibel

636


2 Sound level means the A-weighted sound pres-sure level measured with fast response using an instrushyment complying with the specification for sound level meters of the American National Standards Institute lnc or its successor bodies except that only a weightshying and fast dynamic response need be provided

History-s 7 ch 59--400 s 11 ch 63-105 s 1 ch 65-361 s 5 ch 86-35 s 47 ch 91-224

Note-Former s 37156

32770 Enforcement of this chapter and chapter 328-

(1) This chapter and chapter 328 shall be enforced by the Division of Law Enforcement of the department and its officers the Game and Fresh Water Fish Comshymission and its officers the sheriffs of the various counshyties and their deputies and any other authorized law enforcement officer all of whom may order the removal of vessels deemed to be an interference or a hazard to public safety enforce the provisions of this chapter and chapter 328 or cause any inspections to be made of all vessels in accordance with this chapter and chapter 328

(2) Such officers shall have the power and duty to middot issue such orders and to make such investigations reports and arrests in connection with any violation of the provisions of this chapter and chapter 328 as are necessary to effectuate the intent and purpose of this chapter and chapter 328

(3) The department or any other law enforcement agency may make any investigation necessary to secure information required to carry out and enforce the provishysions of this chapter and chapter 328

History-s ch 65-361 ss 25 35 ch 69-106 s 3 ch 72-16 s 10 ch 74-327 s 3 ch 10 12 ch 84-188

Note-Former s

32771 Exemption-The department may if it finds that federal law imposes less restrictive requirements than provided herein or if it determines that boating safety will not be adversely affected issue temporary exemptions from any provision of this chapter or rules established hereunder on such terms and conditions as it considers appropriate

Hislory-s 11 ch 81-100

32772 Penalties-Any person failing to comply with the provisions of this chapter or chapter 328 not specified in s 32773 or not paying the fine specified in said section within 10 days except as otherwise proshyvided in this chapter or chapter 328 is guilty of a misdeshymeanor of the second degree punishable as provided in s 775082 or s 775083


Note-Former s 371 68

32773 Noncriminal infractions-(1) Violations of the following provisions of this chapshy

ter are noncriminal infractions (a) Section 32711(5) relating to display of number

and possession of registration certificate (b) Section 32711(7) relating to display of decal (c) Section 32713(2) relating to display of number (d) Section 32714 relating to spacing of digits and

letters of identification number

(e) Section 32725(10) relating to operation without a current registration

(f) Section 32733(2) relating to careless operation (g) Section 327 37 relating to water skiing aquashy

planing and similar activities (h) Section 32744 relating to interference with navi-

gation (i) Section 32746 relating to restricted areas (j) Section 32748 relating to regattas and races (k) Section 32750 relating to required safety equip-

ment (I) Section 327 65 relating to muffling devices (m) Section 32733(3)(b) relating to navigation rules

and (n) Section 32739(1) (2) (3) and (5) relating to pershy

sonal watercraft

Any person cited for a violation of any such provision shall be deemed to be charged with a noncriminal infracshytion shall be cited for such an infraction and shall be cited to appear before the county court The civil penalty for any such infraction is $35 except as otherwise proshyvided in this section

(2) Any person cited for an infraction under this secshytion may

(a) Post a bond which shall be equal in amount to the applicable civil penalty or

(b) Sign and accept a citation indicating a promise to appear

The officer may indicate on the citation the time and location of the scheduled hearing and shall indicate the applicable civil penalty

(3) Any person who willfully refuses to post a bond or accept and sign a summons is guilty of a misdeshymeanor of the second degree

(4) Any person charged with a noncriminal infraction under this section may

(a) Pay the civil penalty either by mail or in person within 10 days of the date of receiving the citation or

(b) If he has posted bond forfeit bond by not appearing at the designated time and location

If the person cited follows either of the above proceshydures he shall be deemed to have admitted the infracshytion and to have waived his right to a hearing on the issue of commission of the infraction Such admission shall not be used as evidence in any other proceedings

(5) Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty specishyfied in subsection (1 ) The court after a hearing shall make a determination as to whether an infraction has been committed If the commission of an infraction has been proven the court may impose a civil penalty not to exceed $500

(6) At a hearing under this chapter the commission of a charged infraction must be proved beyond a reasonshyable doubt

(7) If a person is found by the hearing official to have committed an infraction he may appeal that finding to the circuit court

History-s 3 ch 7 ch 87-392 s 6 ch 88-133 s 4 ch 88-144 s 5 ch 89-136 s 32 Ch

637

Ch 327 VESSELS REGISTRATION AND SAFETY FS1991

327731 Mandatory education for violators-(1) The court shall require any person convicted of

a criminal violation of this chapter any person convicted of a noncriminal infraction under this chapter if the infraction resulted in a reportable boating accident and any person convicted of a noncriminal infraction under this chapter if he has been convicted of any other violashytion of this chapter and the offense for which he was convicted occurred within the 12 months preceding the noncriminal infraction to

(a) Enroll in and successfully complete at his own expense a boating safety course that meets minimum standards established by the department by rule

(b) File with the court proof of successful completion of the course and

(c) Refrain from operating a vessel until he has filed the proof of successful completion of the course with the court

(2) For the purposes of this section conviction means a finding of guilt or the acceptance of a plea of guilty or nolo contendere regardless of whether or not adjudication was withheld or whether imposition of senshytence was withheld deferred or suspended Any pershyson who operates a vessel on the waters of this state in violation of the provisions of this section is guilty of a misshydemeanor of the second degree punishable as proshyvided in s 775082 or s 775083

Hislory-s 7 clgt 88-133 s 49 ch 91-224

32774 Uniform boating citations-(1) The department shall prepare and supply to

every law enforcement agency in this state which enforces the laws of this state regulating the operation of vessels an appropriate form boating citation containshying a notice to appear (which shall be issued in prenumshybered books with citations in quintuplicate) and meeting the requirements of this chapter or any laws of this state regulating boating which form shall be consistent with the states county court rules and the procedures estabshylished by the department

(2) Courts enforcement agencies and the departshyment are jointly responsible to account for all uniform boating citations in accordance with the procedures proshymulgated by the department

(3) Every law enforcement officer upon issuing a boating citation to an alleged violator of any provision of the boating laws of this state or any boating ordinance of any municipality shall deposit the original and one copy of such boating citation with a court having jurisdic-

lion over the alleged offense or with its traffic violations bureau within 5 days after issuance to the violator

(4) The chief administrative officer of every law enforcement agency shall require the return to him of the department record copy of every boating citation issued by an officer under his supervision to an alleged violator of any boating law or ordinance and all copies of every boating citation which has been spoiled or upon which any entry has been made and not issued to an alleged violator

(5) Upon the deposit of the original and one copy of such boating citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau as aforesaid the original or copy of such boating citation may be disposed of only by trial in the court or other official action by a judge of the court including forshyfeiture of the bail or by the deposit of sufficient bail with or payment of a fine to the traffic violations bureau by the person to whom such boating citation has been issued by the law enforcement officer

(6) The chief administrative officer shall transmit on a form approved by the department the department record copy of the uniform boating citation to the departshyment within 5 days after submission of the original and one copy to the court A copy of such transmittal shall also be provided to the court having jurisdiction for accountability purposes

(7) It is unlawful and official misconduct for any law enforcement officer or other officer or public employee to dispose of a boating citation or copies thereof or of the record of the issuance of the same in a manner other than as required in this section

(8) Such citations shall not be admissible evidence in any trial

(9) If a uniform boating citation has not been issued with respect to a criminal boating offense and the prosshyecution is by affidavit information or indictment the prosecutor shall direct the arresting officer to prepare a citation In the absence of an arresting officer the proseshycutor shall prepare the citation For the purpose of this subsection the term arresting officer means the law enforcement officer who apprehended or took into cusshytody the alleged offender

(10) Upon final disposition of any alleged offense for which a uniform boating citation has been issued the court shall within ten days certify said disposition to the department

Hislory-s 8 ch 87-392 s 6 ch 89-136

638


tax certificate of registration issued by the Department of Revenue and a valid commercial or occupational license required by any county municipality or political subdivision of the state in which the person operates

(5) Department means the Department of Natural Resources

(6) Division means the Division of Law Enforceshyment of the Department of Natural Resources

(7) Documented vessel means a vessel for which a valid certificate of documentation is outstanding purshysuant to 46 CFR part 67

(8) Florida lntracoastal Waterway means the Atlanshytic lntracoastal Waterway the Georgia state line north of Fernandina to Miami the Port Canaveral lock and canal to the Atlantic lntracoastal Waterway the Atlantic Intrashycoastal Waterway Miami to Key West the Okeechobee Waterway Stuart to Fort Myers the St Johns River Jacksonville to Sanford the Gulf lntracoastal Waterway Anclote to Fort Myers the Gulf lntracoastal Waterway Carrabelle to Tampa Bay Carrabelle to Anclote open bay section (using Gulf of Mexico) the Gulf lntracoastal Waterway Carrabelle to the Alabama state line west of Pensacola and the Apalachicola Chattahoochee and Flint Rivers in Florida

(9) Homemade vessel means any vessel built after October 31 1972 for which a federal hull identification number is not required to be assigned by the manufacshyturer pursuant to federal law or any vessel constructed or assembled prior to November 1 1972 by other than a licensed manufacturer for his own use or the use of a specific person A vessel assembled from a manufacturshyers kit or constructed from an unfinished manufactured hull shall be considered to be a homemade vessel if such a vessel is not required to have a hull identification number assigned by the United States Coast Guard A rebuilt or reconstructed vessel shall in no event be conshystrued to be a homemade vessel

(10) Length means the measurement from end to end over the deck parallel to the centerline excluding sheer

(11) Lien means a security interest which is reserved or created by a written agreement recorded with the department which secures payment or performshyance of an obligation and is generally valid against third parties

( 12) Lienholder means a person holding a security interest in a vessel which interest is recorded with the department

(13) Live-aboard vessel means (a) Any vessel used solely as a residence or (b) Any vessel represented as a place of business

a professional or other commercial enterprise or a legal residence

A commercial fishing boat is expressly excluded from the term live-aboard vessel

(14) Manufactured vessel means any vessel built after October 31 1972 for which a federal hull identificashytion number is required pursuant to federal law or any vessel constructed or assembled prior to November 1 1972 by a duly licensed manufacturer

(15) Motorboat means any vessel which is propelled or powered by machinery and which is used or capable of being used as a means of transportation on water

(16) Noncommercial vessel means any vessel other than a commercial vessel as defined in this section

(17) Nonresident means a citizen of the United States who has not established residence in this state and has not continuously resided in this state for 1 year and in one county for the 6 months immediately precedshying the initiation of a vessel titling or registration action

(18) Operate means to be in the actual physical conshytrol of a vessel upon the waters of this state or to exershycise control over or steer a vessel being towed by another vessel upon the waters of the state

(19) 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 reserved or created by agreement and securing payshyment of performance of an obligation but the term excludes a lessee under a lease not intended as securshyity

(20) Person means an individual partnership firm corporation association or other entity

(21) Prohibited activity means such activity as will impede or disturb navigation or creates a safety hazard on waterways of this state

(22) Racing shell rowing scull or racing kayak means a manually propelled vessel which 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 which is not designed to carry and does not carry any equipment not solely for competitive racshying

(23) Registration means a state operating license on a vessel which is issued with an identifying number an annual certificate of registration and a decal designatshying the year for which a registration fee is paid

(24) Regulatory marker means any anchored or fixed marker in on or over the water or anchored platform on the surface of the water other than a marker provided ins 32740 and includes but is not limited to a bathing beach marker speed zone marker information marker restricted zone marker congested area marker or warnshying marker

(25) Resident means a citizen of the United States who has established residence in this state and has conshytinuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initishyation of a vessel titling or registration action

(26) Sailboat means any vessel whose sole source of propulsion is the natural element (ie wind)

(27) 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 air boat other than a seaplane on the water used or capable of being used as a means of transportation on water

(28) Waters of this state means any navigable waters of the United States within the territorial limits of this state and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state and all the inland lakes rivers and canals under the jurisdiction of this state

623






























624
















Note-Fonner s








625



































626







Note-Former s 37163





Note-Former s 37164















627
















628





Note-Former s 37165























629





















630









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638






























624
















Note-Fonner s








625



































626







Note-Former s 37163





Note-Former s 37164















627
















628





Note-Former s 37165























629





















630









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638
















Note-Fonner s








625



































626







Note-Former s 37163





Note-Former s 37164















627
















628





Note-Former s 37165























629





















630









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638



































626







Note-Former s 37163





Note-Former s 37164















627
















628





Note-Former s 37165























629





















630









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638







Note-Former s 37163





Note-Former s 37164















627
















628





Note-Former s 37165























629





















630









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638
















628





Note-Former s 37165























629





















630









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638





Note-Former s 37165























629





















630









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638





















630









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638









Note-Former s 37150

81-100 s ch 91-224












631










Note -Former s
















632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638













632























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638























633













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638













Note-Former s 37154















634


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638


























Note-Former s 37155



635






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638






Note-Former s 37157































636




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638




Note-Former s 37156






Note-Former s
















sonal watercraft















637





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638





















Hislory-s 8 ch 87-392 s 6 ch 89-136

638

Ch.327 VESSELS: REGISTRATION AND SAFETY F.S. 1991 …

Documents

Transcript of Ch.327 VESSELS: REGISTRATION AND SAFETY F.S. 1991 …