Ch.327 VESSELS: REGISTRATION AND SAFETY F.S. 1995 ...

Ch.327

327.01 327.02

327.03

327.031

327.04 327.10 327.11

327.12 327.13

327.14 327.15 327.16 327.17 327.18 327.19 327.21

327.22

327.23

327.24

327.25

327.26

327.28

327.29

327.30 327.31 327.32

327.33 327.34 327.35

327.351

327.352

327.3521 327.353

327.354

VESSELS: REGISTRATION AND SAFETY F.S. 1995

CHAPTER327

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. Suspension or denial of a vessel registration

due to child support delinquency. Rules and regulations. Operation of registered vessels. Vessel registration, application, certificate,

number, decal, duplicate certificate. Reregistration by mail. Special manufacturers' and dealers' num-

ber. Federal numbering system adopted. Vessel registration number. 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 certificate of registration; vessel registration certificate tee.

Legislative intent with respect to uniform registration tee, classification of vessels.

Classification; registration; fees and charges; surcharge; disposition of tees; tines; marine turtle stickers.

Stickers or emblems tor the Save the Manatee Trust Fund.

Motorboat Revolving Trust Fund; appropriation 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 substances, or controlled substances; penalties.

Operation of a vessel while intoxicated; punishment.

Tests for impairment or intoxication; right to refuse.

Penalty tor 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 methods.

327.36

327.37 327.38

327.39 327.40

327.41 327.42

327.43

327.44 327.46 327.48

327.50

327.52 327.53 327.54 327.56

327.58 327.59 327.60 327.65 327.70

327.71 327.72 327.73 327.731 327.74 327.803

Mandatory adjudication; prohibition against accepting plea to lesser included offense.

Water skis and aquaplanes regulated. Skiing prohibited while intoxicated or under

influence of drugs. Personal watercraft regulated. Uniform waterway markers for safety and

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

prohibited. Silver Glen Run and Silver Glen Springs; nav

igation channel; anchorage buoys; violations.

Interference with navigation. Restricted areas. Regattas, races, marine parades, tourna-

ments, or exhibitions. · Vessel safety regulations; equipment and

lighting requirements. Maximum safety load plate attached. Marine sanitation. Liveries; safety regulations; penalty. Safety and marine sanitation equipment

inspections; qualified. Jurisdiction. Marina evacuations. Local regulations; limitations. Muffling devices. Enforcement of this chapter and chapter

328. Exemption. Penalties. Noncriminal infractions. Mandatory education tor violators. Uniform boating citations. Boating Advisory Council.

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

Hialory.-s. 1, ch. S9-399; s. 1, ch. 65-361; s. 1, ch. 84-184. Note.-Former s. 371.011.

327.02 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 different meaning, the term:

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

(2) "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.

(3} "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

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F.S.1995 VESSELS: REGISTRATION AND SAFETY Ch.327

of a canoe if the width of its transom is less than 45 percent of the width of its beam or it has been designated as a canoe by the United States Coast Guard.

(4) "Commercial vessel" means: (a) Any vessel primarily engaged in the taking or

landing of saltwater fish or saltwater products or fresh· water fish or freshwater products, or any vessel licensed pursuant to s. 370.06 from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale either to the con· sumer, 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.

(5) "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 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.

(6) "Department" means the Department of Environmental Protection.

(7) "Division" means the Division of Law Enforcement of the Department of Environmental Protection.

(8) "Documented vessel" means a vessel for which a valid certificate of documentation is outstanding pursuant to 46 C.F.R. part 67.

(9) "Floating structure" means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term "floating structure" includes, but is not limited to, each entity used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term "vessel" provided in this section. Incidental movement upon water or resting partially or entirely on the bottom shall not, in and of itself, preclude an entity from classification as a floating structure.

(10) "Florida lntracoastal Waterway" means the Atlan· tic lntracoastal Waterway, the Georgia state line north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic lntracoastal Waterway; the Atlantic lntracoastal 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.

(11) "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 manufac· turer pursuant to federal law, or any vessel constructed or assembled prior to November 1, 1972, by other than a licensed manufacturer for his or her own use or the use

of a specific person. A vessel assembled from a manu· facturer's 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 identifi· cation number assigned by the United States Coast Guard. A rebuilt or reconstructed vessel shall in no event be construed to be a homemade vessel.

(12) "Houseboat" means any vessel which is used pri· marily as a residence for a minimum of 21 days during any 30-day period, in a county of this state, and this resi· dential use of the vessel is to the preclusion of the use of the vessel as a means of transportation.

(13) "Length" means the measurement from end to end over the deck parallel to the centerline excluding sheer.

(14) "Lien" means a security interest which is reserved or created by a written agreement recorded with the department which secures payment or perform· ance of an obligation and is generally valid against third parties.

(15) "Lienholder" means a person holding a security interest in a vessel, which interest is recorded with the department.

(16) "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."

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

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

(19) "Marine sanitation device" means any equipment other than a toilet, for installation on board a vessel, which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine sanitation device Types I, II, and Ill shall be defined as provided in 33 C.F.R. part 159.

(20) "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.

(21) "Navigation rules" means the International Navigational 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 C.F.R. 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.

(22) "Noncommercial vessel" means any vessel other than a commercial vessel as defined in this section.

(23) "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

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and in one county for the 6 months immediately preceding the initiation of a vessel titling or registration action.

(24) "Operate" means to be in the actual physical control of a vessel upon the waters of this state, or to exercise control over or steer a vessel being towed by another vessel upon the waters of the state.

(25) "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 payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security.

(26) "Person" means an individual, partnership, firm, corporation, association, or other entity.

(27) "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.

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

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

(30) "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 racing.

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

(32) "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. 327.40, and includes, but is not limited to, a bathing beach marker, speed zone marker, information marker, restricted zone marker, congested area marker, or warning marker.

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

(34) "Sailboat" means any vessel whose sole source of propulsion is the natural element (i.e., wind).

(35) "Unclaimed vessel" means any undocumented vessel, including its machinery, rigging, and accessories, 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.

(36) "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.

(37) "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.

Hlstory.-s. 1, ch. 59-399; s. 1, ch. 63-103; s. 1, ch. 65-361; s. 17, ch. ss. 25, 35, ch. 69-100; s. 3, ch. 70-336; s. 132, ch. 71-377; s. 1, ch. 72-16; s. 1, 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. ch. 83-20; s. 2, ch. 84-184; s. 1, ch. 65-252; s. 1, ch. 88-133; s. 1, ch. 89-136; s. ch. 89-250; s. 2, ch. 94-241; s. 152, ch. 94-356; s. 951, ch. 95-148; s. 1, ch.

Note.-Former s. 371.021.

327.03 Administration of vessel registration and titling laws; records.-

( 1) The administration of vessel registration and titling as set forth in this chapter and chapter 328 is under the Department of Highway Safety and Motor Vehicles, which shall provide for issuing, handling, and recording of all vessel registration and titling applications and certificates, including the receipt and accounting of vessel registration and titling fees.

(2) The Department of Highway Safety and Motor Vehicles shall record all accidents and perform such other clerical duties as required.

(3) All records made or kept by the Department of Highway Safety and Motor Vehicles under this law are public records except for confidential reports.

Hiatory.-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; s. 153, ch. 94-356; s. 47, ch. 95-333.


327.031 Suspension or denial of a vessel registration due to child support delinquency.-The department must allow applicants for new or renewal registrations to be screened by the Department of Revenue, as the Title IV-0 child support agency under s. 409.2598, or by a non-IV-D obligee to assure compliance with a support obligation. The purpose of this section is to promote the public policy of this state as established in s. 409.2551. The department must, when directed by the court, deny or suspend the vessel registration of any applicant found to have a delinquent child support obligation. The department must issue or reinstate a registration when notified by the Title IV-0 agency or the court that the applicant has complied with the terms of the court order. The department may not be held liable for any registration denial or suspension resulting from the discharge of its duties under this section.

Hlstory.-s. 5, ch. 95-222.

327.04 Rules and regulations.-The Department of Highway Safety and Motor Vehicles shall make, adopt, amend, or repeal rules and regulations necessary for

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F.S.1995 VESSELS: REGISTRATION AND SAFETY Ch. 327

carrying out the administrative duties. obligations, and powers conferred on the department 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; s. 154, ch. 94-356; s. 48, ch. 95-333.

Note.-Former s. 371.161

327.10 Operation of registered vessels.-Every vessel that is required to be registered and that is using the waters of this state shall be registered and numbered within 30 days after purchase by the owner except as specifically exempt. During this 30-day period the owner is required to have aboard the vessel proof of the date of purchase. No person shall operate or give permission for the operation of any such vessel on such waters unless:

(1) Such vessel is registered within 30 days after purchase by the owner and numbered with the identifying number set forth in the certificate of registration, displayed:

(a) In accordance with 1s. 327.11 (7), except, if the vessel is an airboat, the registration number may be displayed 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. 3, ch. 81-100; s. 1, ch. 83-102; s. 4, ch. 84-184; s. 49, ch.

•Note.-Redesignated ass. 327.11(5) bys. 50, ch. 95-333. NOl&.-Former s. 371.041.

327 .11 Vessel registration, application, certificate, number, decal, duplicate certificate.-

(1 )(a) 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 provide the owner's name and address, residency status, and a complete description of the vessel and shall be accompanied by payment of the applicable fee required ins. 327.25.

(b) For purposes of registration, the owner may establish proof of ownership of the vessel by submitting with his or her application an executed bill of sale, a builder's contract, a manufacturer's statement of origin, a federal marine document, or any other document acceptable to the Department of Highway Safety and Motor Vehicles and presented at the time of registration to the agency issuing the registration certificate.

(2) All vessels operated on the waters of the state must be registered, 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.

(o) A vessel used exclusively as a ship's lifeboat. (d) A non-motor-powered vessel. (3) The Department of Highway Safety and Motor

Vehicles shall issue certificates of registration and numbers for city, county, and state-owned vessels at no charge, provided the vessels are used for purposes other than recreation.

(4) 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 position 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 background and shall be so maintained as to be clearly visible and legible; i.e., dark numbers on a light background or light numbers on a dark background. The certificate of registration shall be pocket-sized and shall be available for inspection on the vessel for which issued whenever such vessel is in operation.

(5) A decal signifying the year or years during which the certificate is valid shall be furnished by the Department of Highway Safety and Motor Vehicles 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 window or the windshield on the port side of the vessel. A decal issued to a dealer shall be affixed, with the registration 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.

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

Hlstory.-s. 1. ch. 59-399; s. 1, ch. 61-511; s. 3, ch. 63-103; s. 1. ch. 65-361; ss. 25, 35, ch 69-106; ss. 4, 15, ch. 74-327; s. 1, ch. 80-266; s. 50. ch. 80-274; s 4, ch. 81-100; s. 1, ch. 82-181; s. 2, ch. 83-102; s. 5. ch. 84-184; s. 2, ch. 65-287; s. 5, ch. 85-324; s. 2. ch. 88-336; s. 450, ch. 95-148; s. 50, ch. 95-333.


327 .12 Reregistration by mail. - The Department of Highway Safety and Motor Vehicles shall adopt rules and regulations to permit the reregistration of vessels by mail.

History.-s. 7, ch. 70-336; s. 6, ch. 84-184; s. 155, ch. 94-356; s. 51, ch. 95-333. Note.-Former s. 371.055.

327.13 Special manufacturers' and dealers' number.-

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

(2) The manufacturer or dealer shall have the number 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, promoted, or tested so long as the display meets the requirements of this chapter.

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Ch.327 VESSELS: REGISTRATION AND SAFETY F.S. 1995

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

(4) A manufacturer or dealer shall not use or authorize 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 any commercial or other use not specifically authorized by this section.


327.14 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, numerically 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.

History.-s. 1, ch. 59-399; s. 1, ch. 65-361; s. 6, ch. 84-184. Note.-Former s. 371.091.

327.15 Vessel registration number.-All vessels operated on the waters of the state must display a commercial or noncommercial Florida registration number, except as follows:

(1) Undocumented vessels used exclusively for racing.

(2) Vessels operating under valid temporary certificate 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 consecutive days.

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

(5) A vessel whose owner is the United States. (6) A ship's lifeboat. (7) A vessel holding a valid marine document issued

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

(8) A vessel used exclusively on a privately owned lake.

(9) A non-motor-powered vessel. History.-s. 1, ch. 59-399; ss. 2, 3, ch. 61-511; s. 1, ch. 65-361; s. 52, ch. 95-333. Note.-Former s. 371.131.

327 .16 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 pursuant to the operative federal law or a federally approved numbering system of another state shall record 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

Hlatory.-s. 1, ch. 59-399; s. 1, ch. 65-361; s. 6, ch. 64-184. Note.-Former s. 371.001.

327 .17 Military personnel; registration; penalties. (1) Any military personnel on active duty in this state

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

(2) A person who violates the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

Hlstory.-ss. 1, 5, ch. 67-566; s. 302, ch. 71-136; s. 6, ch. 84-164; s. 452, ch. 95-148


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.


327.19 Change of interest and address.-(1) The owner shall furnish the Department of High

way Safety and Motor Vehicles notice of the transfer of all or any part of his or her 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 ves· sel, within 30 days thereof. Such transfer, destruction, or abandonment shall terminate the certificate for such vessel, except that in the case of a transfer of a part interest which does not affect the owner's right to operate such vessel, such transfer shall not terminate the certificate.

(2) Any holder of a certificate of registration shall notify the Department of Highway Safety and Motor Vehicles or the county tax collector within 30 days, if his or her 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 the 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

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F.S. 1995 VESSELS: REGISTRATION AND SAFETY Ch.327

or for the alteration of an outstanding certificate to show the new address of the holder.

Hlstory.-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; s. 453, ch. 95-148; s. 53, ch. 95-333.


327.21 Legislative intent with respect to registration and numbering of vessels.-lt is the legislative intent that vessels be registered and numbered uni· formly throughout the state. The purpose of ss. 327.22, 327.23, 327.25, 327.58, 327.70, and 327.72 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.


327.22 Regulation of vessels by municipalities or counties.-

(1 )(a) Nothing in this chapter shall be construed to prohibit any municipality or county that expends money for the patrol, regulation, and maintenance of any lakes, rivers, or waters and for other boating-related activities in such municipality or county from regulating vessels resident in such municipality or county. Any county or municipality may adopt ordinances which provide for enforcement of noncriminal violations of s. 327.33 relat· ing to the careless operation of a vessel which results in the endangering or damaging of property, by citation mailed to registered owner of the vessel. Any such ordi· nance shall apply only in designated restricted areas which are properly marked and in need of shoreline protection. Any county and the municipalities located within the county may jointly regulate vessels.

(b) Citations issued to liveried vessels pursuant to this subsection shall be the responsibility of the lessee of the vessel. It shall be the responsibility of the lessor upon request of the agency issuing the citation, to provide the name and address of the lessee. It shall be the responsibility of the livery to provide such information as a part of the rental agreement. The livery is not responsible for the payment of citations if the livery provides the required information.

(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 subsec· tion shall be remitted to the state for deposit in the Save the Manatee Trust Fund for expenditure solely on activi· ties related to the preservation of manatees. All other moneys received from such fee shall be expended for the patrol, regulation, and maintenance of the lakes, riv· ers, 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 provisions 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 distribution formula for dividing the proceeds of the fee or for

971

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; s. 112, 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: s. 1, ch. 92-188.


327.23 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 documented vessel, the owner of which has paid the registration 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 appli· cation to the United States Coast Guard for documentation 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 applicable 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 vessel's documentation papers shall require written verification from the United States Coast Guard as to the current status of the application for the vessel's documentation. Upon receipt of the vessel's documentation papers, the owner shall bring them to the agent issuing the temporary certificate for official recording of information.

Hlstory.-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.


327.24 Legislative intent with respect to uniform registration fee, classification of vessels.-lt is declared to be the intent of the Legislature that all vessels 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 vessels be classified as either "commercial" or "noncommercial" 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 purposes shall be classified and registered as a "noncommercial vessel."

Hlstory.-s. 1, ch. 70-336; s. 8, ch. 74-327; s. 8. ch. 84-184. Note.-Fonner s. 371.645.

327.25 Classification; registration; fees and charges; surcharge; disposition of fees; fines; marine turtle stickers.-

( 1) VESSEL REGISTRATION FEE.-Vessels that are required to be registered 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 ................................................. $3.50

Class A-2..,..-12 feet or more and less than 16 feet in length ........................................................................ 10.50 (To county) .................................................................. 2.85

Class 1-16 feet or more and less than 26 feet in length ........................................................................ 18.50 (To county) .................................................................. 8.85

Class 2-26 feet or more and less than 40 feet in length ........................................................................ 50.50 (To county) ................................................................ 32.85

Class 3-40 feet or more and less than 65 feet in length ........................................................................ 82.50 (To county) ................................................................ 56.85

Class 4-65 feet or more and less than 110 feet in length ........................................................................ 98.50 (To county) ......... : ...................................................... 68.85

Class 5-110 feet or more in length ................. 122.50 (To county) ................................................................ 86.85

Dealer registration certificate ............................. 16.50 (2) ANTIQUE VESSEL REGISTRATION FEE.-(a) A vessel that is at least 30 years old, used only

for noncommercial purposes, and powered by the vessel's 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).

(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 to ss. 327 .11 and 327.14.

(d) The Department of Highway Safety and Motor Vehicles 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) TRANSFER OF OWNERSHIP.-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 30 days with a fee of $3.25. The county tax collector shall retain $2.25 of the fee and shall remit $1 to the department. A refund may not be made for any unused portion of a registration period.

(5) REPLACEMENT DECAL-A decal issued to replace a lost or misplaced decal may be obtained by submitting $2.25 with a request for such replacement decal to the county tax collector. A replacement decal may not be issued except upon receipt of a written request by the registered owner or an appointed representative.

(6) CHANGE OF CLASSIFICATION.-lf the classification of a vessel changes 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 with a fee of $2.25 and a new certificate shall be issued.

(7) SERVICE FEE.-ln addition to other registration fees, the vessel owner shall pay the tax collector a $2.25 service fee for each registration issued, replaced, or renewed. All fees, other than the service charge, collected by a tax collector must be remitted to the department not later than 7 working days following the last day of the week in which the money was remitted. Vessels may travel in salt water or fresh water.

(8) MAIL SERVICE CHARGE.-A mail service charge shall be collected for each registration or reregistration mailed by the Department of Highway Safety and Motor Vehicles 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 (7) and shall be used and accounted for in accordance with law.

(9) 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 manner as the fee and deposited into the State Agency Law Enforcement Radio System Trust Fund of the Department of Management Services. However, the surcharge shall be terminated on midnight December 31, 1994, unless the pilot project established in s. 282.1095 is deemed successful by the joint task force with the concurrence of the Governor and Cabinet as the head of the Department of Management Services.

(10) DUPLICATE REGISTRATION CERTIFICATE.-A duplicate registration certificate to replace a lost or misplaced certificate may be obtained from a tax collector for $2.25. A duplicate certificate will not be issued except by written request of the registered owner or a person authorized by the owner to make such a request.

(11) VOLUNTARY CONTRIBUTIONS.-The application form for boat registration shall include a provision to allow each applicant to indicate a desire to pay an additional voluntary contribution to the Save the Manatee 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 registrant. 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 display, which signifies support for the Save the Manatee Trust Fund. All voluntary contributions shall be deposited in the Save the Manatee Trust Fund for use according to this subsection. The first $2 of voluntary contribu-

972


tion by a vessel registrant shall be available for the manatee protection and recovery effort pursuant to s. 370.12(5)(a). Any additional amount of voluntary contribution by a vessel registrant shall also be for the purpose 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 available for manatee rehabilitation by those facilities approved to rescue, rehabilitate, and release manatees pursuant to s. 370.12(5)(b). The form shall also include language permitting a voluntary contribution of $5 per applicant, which contribution shall be transferred into the Election Campaign Financing Trust Fund. A statement providing an explanation of the purpose of the trust fund shall also be included.

(12) REGISTRATION.-(a) "Registration period" is a period of 12 months

during which a vessel registration is valid. (b) "Renewal period" is a period of 30 days during

which renewal of a vessel registration is required, except as otherwise provided by law.

(c) Effective July 1, 1996, the following registration periods and renewal periods are established:

1. For vessels owned by individuals, the registra-tion period begins the first day of the birth month of the owner and ends the last day of the month immediately preceding the owner's birth month in the succeeding year. If the vessel is registered in the name of more than one person, the birth month of the person whose name first appears on the registration shall be used to determine the registration period. For a vessel subject to this registration period, the renewal period is the 30-day period ending at midnight on the vessel owner's date of birth.

2. For vessels owned by companies, corporations, governmental entities, those entities listed under 1subsection (11 ), and registrations issued to dealers and manufacturers, the registration period begins July 1 and ends June 30. The renewal period is the 30-day period beginning June 1.

(d) Beginning June 1, 1997, through May 31, 1998, for purposes of implementing the birth month schedule of registrations, those persons whose birth months are June, July, August, and September shall register for periods from 12 to 15 months, and those persons whose birth months are from October through May shall register for periods of 4 to 11 months.

(13) FRACTIONAL REGISTRATION FEE.-For the purpose of implementing the birth month schedule of registration and for the period of June 1, 1997, through May 31, 1998, registration fees shall be prorated on a monthly basis when the registration period is other than 12 months. However, the minimum fee for any registration is $3.50. This subsection expires June 1, 1998.

(14) EXPIRED REGISTRATION.-The operation of a previously registered vessel after the expiration of the registration period is a noncriminal violation, as defined in s. 327.73.

(15) 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 are exempt from the provisions of subsection (1 ). Such vessels shall be

issued· certificates of registration and numbers upon application and payment of the service fee provided in subsection (7).

(16) DISTRIBUTION OF FEES.-Moneys deposited pursuant to s. 327.28 to be returned to the counties are appropriated to the Department of Environmental Protection for grants to the county general governments for the sole purposes of providing recreational channel marking and public launching facilities and other boating-related activities, for removal of vessels and floating structures deemed a hazard to public safety and health for failure to comply withs. 327.53, and for manatee and marine mammal protection and recovery. The department shall ascertain, as a guideline in determining 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 promulgate rules to effectuate this. Each fiscal year, prior to determination of the grants to the counties under this section, an amount equal to $1 for each vessel registered in this state shall be available for manatee and marine mammal research, protection, and recovery.

(17) MARINE TURTLE STICKER.-Effective fiscal year 1992-1993 and thereafter, the Department of Environmental Protection 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. 370.12(1).

(18) FORMS AND NOTICES.-The Department of Highway Safety and Motor Vehicles shall prescribe and provide suitable forms for applications and other notices and forms necessary to administer the provisions of this chapter.

HistOf}f.-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: s. 4, ch. 92-72; s. 279, ch, 92-279; s. 55, ch. 92-326; s. 3, ch. 94-241: ~. 952, ch. 95-148; s. 54, ch. 95-333. 'Note.-The reference is apparently erroneous. Subsection (11) concerns volun·

tary contributions to specified trust funds; subsection (15), redesignaled from su.bsection (11) by s. 54, ch. 95-333, lists entities exempt from payment of vessel regis· !ration fees.

Note.-Forrner s. 371.65.

327 .26 Stickers or emblems for the Save the Manatee Trust Fund.-The department 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. 327.25. The department may accept stickers or emblems donated by any governmental or nongovernmental entity for the purposes of this section.

Hlstory.-s. 4, ch. 91-199; s. 156, ch. 94-356.

327.28 Motorboat Revolving Trust Fund; appropriation and distribution.-

(1) Except as otherwise specified and less any administrative costs, all funds collected from the registration of vessels through the Department of Highway Safety and Motor Vehicles and the tax collectors of the

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state shall be deposited in a Motorboat Revolving Trust Fund for recreational channel marking; public launching facilities; law enforcement and quality control programs; aquatic weed control; manatee protection, recovery, rescue, rehabilitation, and release; and marine mammal protection and recovery. The funds collected pursuant to s. 327 .25(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. 370.12(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. 370.12(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 commercial vessels shall be used for law enforcement and quality control programs.

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

(2) All funds collected pursuant to s. 370.06(2) shall be deposited in the Motorboat Revolving Trust Fund. Such funds shall be used to pay the cost of implementing 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 enforcement;

(c) No more than 25 percent shall go to the Florida Saltwater Products Promotion Trust Fund within the Department of Agriculture and Consumer Services for the purpose of providing 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.

(3) All funds collected pursuant to s. 328.03(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; s. 35, ch. 92-151; s. 157, ch. 94-356; s. 32, ch. 95-146; s. 55, ch. 95-333.


327 .29 Crimes relating to registration decals; penalties.-

(1) It is unlawful for any person to make, alter, forge, counterfeit, or reproduce a Florida registration decal unless authorized by the Department of Highway Safety and Motor Vehicles.

(2) It is unlawful for any person knowingly to have in his or her 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 of Highway Safety and Motor Vehicles.

(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 issue the decal by the Department of Highway Safety and Motor Vehicles, 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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

HIStory.-s. 1, ch. S0-266; s. 454, ch. 95-148; s. 56, ch. 95-333. Nole.-Former s. 371.053.

327.30 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 or she can do so without serious danger to the operator's own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, or other casualty 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 casualty, and also to give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, 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 person in charge of such vessel of the foregoing accident, furnishing to such owner his or her name, address, and registration number and reporting as required under this section.

(2) In the case of collision, accident, or other 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 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 accident 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 Com· mission. 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.

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F.S.1995 VESSELS: REGISTRATION AND SAFETY Ch. 327

(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 persons 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. 775.082, s. 775.083, or s. 775.084. Any person who violates this subsection with respect to an accident resulting in property damage only is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(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 investigating officer shall file an accident report with the Division of Law Enforcement as soon as practicable upon completion 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, ch. 59-399; s. 4, ch. 61-511; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 34, ch. 79-65: s. 5, ch. 81-100: s. 24, ch. 87-243; s. 1, ch. 87-392; s. 3, ch. 89-117: s. 44, ch. 91-224; s. 455, ch. 95-148.

1Note.-The words ·10 any vessel or dock", which followed the reference to "$500", were deleted by the editors lo correct an apparent drafting error.


327.31 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.

Hlstory.-s. 1, ch. 59-399; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106. Note.-Former s. 371.151.

327.32 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 utilization 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. 371.52.

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

manner. A person is guilty of reckless operation of avessel who operates any vessel, or manipulates any water skis, aquaplane. or similar device. in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or 'likely to endanger, life or limb, or damage the property of, or injure any person. Any person who violates a provision of this subsection is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

(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, the presence of a divers-down flag as defined in s. 861.065, and all other attendant circumstances so as not .to endanger the life, limb, or property of any person. Any person operating a vessel on a river, inlet, or navigation channel shall make a reasonable effort to maintain a distance of 100 feet from any divers-down flag. The failure to operate a vessel in a manner described in this subsection 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. 775.08.

(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 provided in s. 775.082 or s. 775.083.

(b) A person whose violation of the navigation rules does not result in a boating accident and does not constitute reckless operation of a vessel is guilty of a noncriminal violation as defined in s. 775.08.

(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 navigation rules.

History.-s. 1. ch. 59-400: s. 3, ch. 63-105; s. 1, ch. 65-361; s. 6, ch. 81-100; s. 6, ch. 84-188; s. 6, ch. 86-35: s. 2, ch. 88--133; s. 2, ch. 89-136: s. 45, ch. 91-224; s. 1, ch. 92-92.


327.34 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 section 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. 371.504.

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327.35 Operating vessel while under the influence of alcoholic beverages, chemical substances, or controlled substances; penalties.-

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

(a) Any person who is under the influence of alcoholic beverages, any chemical substance set forth ins. 877 .111, or any substance controlled under chapter 893, when affected to the extent that the person's 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 0.08 percent or above to operate a vessel within this state.

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

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

conviction; 2. Not less than $500 or more than $1,000 for a sec

ond conviction; or 3. Not less than $1,000 or more than $2,500 for a

third or subsequent conviction; and (b) By imprisonment for:

or

1 . Not more than 6 months for a first conviction; 2. Not more than 9 months for a second conviction;

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. 327.351 to attend a substance abuse course specified by the court, and the agency conducting the course may refer such person to an authorized agency for substance abuse evaluation and treatment. Such person shall assume the reasonable costs for such education, evaluation, and treatment. The term "substance abuse" means the abuse of alcohol or any substance named or described in Schedules I through V of s. 893.03.

(4) With respect to any person convicted of a violation 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 public 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 section, the court shall order imprisonment for not less than 30 days.

History.-s. 2, ch. 59-400: s. 5, ch. 63-105: s. 1, ch. 65-361; s. 1, ch. 71-81; s. 22, ch. 73-331: s. 5, ch. 63-187; s. 7, ch. 84-188; s. 7, ch. 91-255; s. 8, ch. 93-124; s. 456, ch. 95-148.


327 .351 Operation of a vessel while intoxicated; punishment.-

(1) It is unlawful for any person, while in an intoxicated condition or under the influence of alcoholic bev-

erages, any chemical substance set forth in s. 877 .111, or any substance controlled under chapter 893 to the extent that the person's normal faculties are impaired, to operate on the waters of this state any vessel. A violation of this section is punishable as provided in s. 327.35. For the purposes of this subsection, a previous conviction under s. 327.35 constitutes a previous conviction for violation of this subsection.

(2) If, however, damage to the property or person of another, other than damage resulting in serious bodily injury or in the death of any person, is done by such intoxicated person under the influence of alcoholic beverages, any chemical substance set forth in s. 877. 111, or any substance controlled under chapter 893 to the extent that the person's normal faculties are impaired, by reason of the operation of any vessel, such person is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083, but the penalty imposed for a violation of this subsection must be not less than the penalty provided under s. 327.35; if serious bodily injury to another, as defined in s. 316.1933, is caused by the operation of a vessel by any person while so intoxicated, such person is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084; and, if the death of any human being is caused by the operation of a vessel by any person while so intoxicated, such person is guilty of manslaughter, punishable as provided by law for manslaughter.

(3) A conviction under this section is not a bar to any civil suit for damages against the person so convicted.

Hlstory.-s. 1. ch. 84-188; s. 25, ch. 87-243; s. 3, ch. 87-392: s. 11, ch. 91-255; s. 9, ch. 93-124; s. 457, ch. 95-148.

327.352 Tests for impairment or intoxication; right to refuse.-

(1 )(a) The Legislature declares that the operation of a vessel is a privilege that must be exercised in a reasonable manner. In order to protect the public health and safety, it is essential that a lawful and effective means of reducing the incidence of boating while impaired or intoxicated be established.

(b) Any person who operates a vessel within this state shall submit to an approved chemical breath test or physical test, including, but not limited to, an infrared light test to determine the alcoholic content of the blood or breath and to a urine test to detect the presence of controlled substances, if that person is lawfully arrested for any offense allegedly committed while he or she was operating a vessel while under the influence of alcoholic beverages or controlled substances. The chemical or physical breath test shall be incidental to a lawful arrest and administered at the request of a law enforcement officer who has probable cause to believe such person was operating the vessel within this state while under the influence of alcoholic beverages. The urine test shall be incidental to a lawful arrest and administered at a detention facility, mobile or otherwise, which is equipped to administer such tests at the request of a law enforcement officer who has probable cause to believe such person was operating a vessel within this state while under the influence of controlled substances. The urine test shall be administered at a detention facil-

976


ity or any other facility, mobile or otherwise, which is equipped to administer such tests in a reasonable manner that will ensure the accuracy of the specimen and maintain the privacy of the individual involved. The administration of either test shall not preclude the administration of the other test. The person shall be told that failure to submit to a breath test or a urine test, or both, will result in a civil penalty of $500. The refusal to submit to a chemical or physical breath or urine test upon the request of a law enforcement officer as provided in this section shall be admissible into evidence in any criminal proceeding.

(c) If the arresting officer does not request a chemical or physical breath test of the person arrested for any offense allegedly committed while the person was operating a vessel while under the influence of alcoholic beverages or controlled substances, such person may request the arresting officer to have a chemical or physical test made of the arrested person's breath, or a test of the urine or blood for the purpose of determining the alcoholic content of the person's blood or breath or the presence of controlled substances; and, if so requested, the arresting officer shall have the test performed.

(d) The provisions of s. 316.1932(1)(f), relating to administration of tests for determining the weight of alcohol in the defendant's blood or breath, additional tests at the defendant's expense, availability of test information to the defendant or the defendant's attorney, and liability of medical institutions and persons administering such tests are incorporated into this act.

(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 evidence in a criminal prosecution for the possession of a controlled substance.

(3) Notwithstanding any provisions 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 connection with an alleged violation of s. 327.35 ors. 327.351 upon request for such information.

Hlstory.-s. 2, ch. 84-188; s. 3, ch. 88-82; s. 3, ch. 88-133; s. 8, ch. 91-255; s. 458, ch. 95-148.

327.3521 Penalty for failure to submit to test.(1) A person who is lawfully arrested for an alleged

violation of s. 327.35 and who refuses to submit to a breath test or urine test pursuant to s. 327.352 is subject to a civil penalty of $500.

(2) When a person refuses to submit to a breath test or urine test pursuant to s. 327.352, a law enforcement officer who is authorized to make arrests for violations of this chapter shall file with the clerk of the court, on a form provided by the department, a certified statement that probable cause existed to arrest the person for a violation of s. 327.35 and that the person refused to submit to a test as required bys. 327.352.

(3) The clerk of the court, upon receipt of the statement from the law enforcement officer, shall officially notify the person by certified mail that he or she must pay a civil penalty of $500 to the clerk of the court within 30 calendar days after receipt of the notice.

(4) A person who has received a notice pursuant to subsection (3) may, within 30 days after the receipt, request a hearing before a county court judge. A request for a hearing tolls the period for payment of the civil penalty, and, if assessment of the civil penalty is sustained by the hearing and any subsequent judicial review, the civil penalty must be paid within 30 days after final disposition. The clerk of the court shall notify the department of the final disposition of all actions filed under this section.

(5) It is unlawful for any person who has not paid a civil penalty imposed pursuant to this section, or who has not requested a hearing with respect to the civil penalty, within 30 calendar days after receipt of notice of the civil penalty to operate a vessel upon the waters of this state. Violation of this subsection is a misdemeanor of the first degree, punishable as provided ins. 775.082 or s. 775.083.

(6) Moneys collected by the clerk of the court pursuant to this section shall be disposed of in the following manner:

(a) If the arresting officer was employed or appointed by a state law enforcement agency, the moneys shall be deposited into the Motorboat Revolving Trust Fund.

(b) If the arresting officer was employed or appointed by a county or muniCipal law enforcement agency, the moneys shall be deposited into the law enforcement trust fund of that agency.

History.-s. 4, ch. 88-133; s.46. ch. 91-224; s.11, ch. 91-255; s. 459, ch. 95-148.

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

(1 )(a) Notwithstanding any recognized ability to refuse to submit to the tests provided ins. 327.352, 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 officer, to a test of his or her blood for the purpose of determining the alcoholic content thereof or the presence of controlled 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 manner.

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

(2) The provision of s. 316.1933(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 officer's 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

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criminal offense which gave rise to the demand for testing.

(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 connection with an alleged violation of s. 327.35 ors. 327.351 upon request for such information.

History.-s. 3, ch. 84-188; s. 26, ch. 87-243; s. 4, ch. 87-392; s. 11, ch. 91-255; s. 460, ch. 95-148.

327.354 Presumption of impairment; testing methods.-

(1) It is unlawful and punishable as provided in s. 327 .35 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person's 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 proceeding arising out of acts alleged to have been committed by any person while operating a vessel while under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person's normal faculties were impaired or to the extent that he or she was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 327.352 ors. 327.353 and this section shall be admissible into evidence when otherwise admissible, and the amount of alcohol in the person's blood or breath at the time alleged, as shown by chemical analysis of the person's blood or by chemical or physical test of the person's breath, shall give rise to the following presumptions:

(a) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood or breath, it shall be presumed that the person was not under the influence of alcoholic beverages to the extent that the person's normal faculties were impaired.

(b) If there was at that time in excess of 0.05 percent but less than 0.08 percent by weight of alcohol in the person's 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 the person's normal faculties were impaired, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(c) If there was at that time 0.08 percent or more by weight of alcohol in the person's blood or breath, that fact shall be prima facie evidence that the person was under the influence of alcoholic beverages to the extent that the person's normal faculties were impaired.

The percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood when analyzing blood or grams of alcohol per 210 liters

of breath when analyzing breath. The foregoing provisions of this subsection shall not be construed as limiting 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 the person's normal faculties were impaired.

(3) A chemical analysis of a person's blood to determine its alcoholic content or a chemical or physical analysis of a person's breath, in order to be considered valid under the provisions of this section, must have been performed substantially in accordance with methods approved by the Department of Law Enforcement 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 Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualification 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 controlled substances to the extent that the person's 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.

History.-s. 4, ch. 84-188; s. 4, ch. 88-82; s. 9, ch. 91-255; s. 24, ch. 92-58; s. 10, ch. 93-124; s. 461, ch. 95-148.

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

( 1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 327 .351, 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 violation of s. 327.351, manslaughter resulting from the operation 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 violation of s. 327.351(2), manslaughter resulting from the operation of a vessel, or vessel homicide.

History.-s. 27, ch. 87-243; s. 5, ch. 87-392; s. 10, ch. 91-255.

327.37 Water skis and aquaplanes regulated.(1) No person shall operate a vessel on any waters

of this state towing a person on water skis, or an aquaplane, 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 motorboats operated by the person being towed and designed to be incapable of carrying the operator in the motorboat.

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F.S. 1995 VESSELS: REGISTRATION AND SAFETY Ch. 327

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

(b) No person shall engage in water skiing or aqua· planing unless such person is wearing a type I, type II, or type Ill personal flotation device approved by the United States Coast Guard.

(3) The provisions of subsections (1) and (2) do not apply to a performer engaged in a professional exhibi· tion or a person preparing to participate or participating in an official regatta, boat race, marine parade, tourna· ment, or exhibition.

(4) No person shall operate or manipulate any vessel, tow rope, or other device by which the direction or location of water skis, aquaplane, innertube, sled, or similar 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 nor· mally in competitive or recreational skiing.

History.-s. 5. ch. s. 9, ch. 63-105: s. 1, ch. 65-361; s. 8, ch. 84-188; s. 6, ch. 87-392; s. 4, ch.


327 .38 Skiing prohibited while intoxicated or under influence of 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 the person's normal faculties are impaired.

History.-s. 4, ch. 59-400; s. 8. ch. 63-105; s. 1. ch. 65-361; s. 462, ch. 95-148. Nole.-Former s. 371.53.

327.39 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 or her person, clothing, or personal flotation device as is appropriate 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. However, an agent or employee of a fire or emergency rescue service is exempt from this subsection while performing his or her official duties.

(4) A personal watercraft must .at all times be oper· ated 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 aper· ation of a vessel, as provided ins. 327.33(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 water· craft 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 second degree, punishable as provided in s. 775.082 or s. 775.083.

(7) This section does not apply to a performer engaged in a professional exhibition or a person prepar· ing to participate or participating in a regatta, race, marine parade, tournament, or exhibition held in compli· ance with s. 327.48.

Hlstory.-s. 3, ch. 89-136; s. 1, ch. 94-295; s. 953. ch. 95-148.

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 purposes, 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 juris· 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 concerning the purpose of marking and the names of persons responsible for the placement and upkeep of such markers. The division will secure the proper per· mission from the Coast Guard where required, make such investigations as needed and issue a permit. The division shall furnish the applicant with the information concerning the system adopted and regulations existing for placing and maintaining the uniform safety and navi· gation markers. The division shall keep records of all approvals given and counsel with individuals, counties, municipalities, motorboat clubs, or other groups desir· ing 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.

HislOry.-s. 6, ch. 63~105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 4, ch. 90-219.


327.41 Uniform waterway regulatory markers.(1) The Department of Environmental Protection

shall adopt rules and regulations establishing a uniform system of regulatory markers for the Florida lntracoastal Waterway, compatible with the system 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. 327.46, for a portion of the Florida lntracoastal Waterway within its jurisdiction may apply to the Department of Environmental Protection for permission to place regulatory markers within the restricted area.

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(3) Application for placing regulatory markers on the Florida lntracoastal Waterway shall be made to the Division of Marine Resources, accompanied by a map locating the approximate placement of the markers, a statement 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 governmental entity shall place any regulatory markers in, on, or over the Florida lntracoastal Waterway without a permit from the Division of Marine Resources.

History.-s. 2. ch. 72-55; s. 158, ch. 94-356. Note.-Former s. 371.523.

327.42 Mooring to or damaging of markers or buoys prohibited.-

(1) No person shall moor or fasten a vessel to a lawfully placed aid-to-navigation marker or buoy, regulatory marker or buoy, or area boundary marker or buoy, placed or erected by any governmental agency, except in case of emergency.

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

History.-s. 1, ch. 72-20. Note.-Former s. 371.524.

327.43 Silver Glen Run and Silver Glen Springs; navigation channel; anchorage buoys; violations.-

(1) The Department of Environmental Protection is hereby directed to mark a navigation channel within Silver Glen Run and Silver Glen Springs, located on the western shore of Lake George on the St. Johns River.

(2) The department is further directed to establish permanent anchorage buoys within Silver Glen Run and Silver Glen Springs.

(3) Vessel anchorage or mooring shall only be allowed utilizing permanently established anchorage buoys. No vessel shall anchor or otherwise attach, temporarily or permanently, to the bottom within Silver Glen Run or Silver Glen Springs.

(4) Any violation of this act shall constitute a violation of the boating laws of this state and shall be punishable by issuance of a uniform boating citation as provided in s. 327.74. Any person who refuses to post a bond or accept and sign a uniform boating citation, as provided ins. 327.73(3), commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-ss. 1, 2, 3, 4, ch. 94-341.

327.44 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 unreasonably or unnecessarily constitute a navigational hazard or interfere with another vessel. Anchoring under bridges or in or adjacent to heavily traveled channels shall constitute interference if unreasonable under the prevailing circumstances.


327.46 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, visibility, tides, congestion, or other navigational hazards. Each such restricted area shall be developed in consultation 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 chapter 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 section shall not apply in the case of an emergency or to patrol or rescue craft.

History.-s. 7, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 23, ch. 78-95; s. 7, ch. 81-100.


327.48 Regattas, races, marine parades, tournaments, or exhibitions.-Any person directing the holding of a regatta, tournament, or marine parade or exhibition 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 arrangements for safety and navigation may be assured. Any person or organization sponsoring a regatta or boat race, marine parade, tournament, or exhibition shall be responsible for providing adequate protection to the participants, 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.


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 of Federal Regulations, unless expressly exempted by state law. Every person under 6 years of age on board a motorboat, sailboat, or vessel which measures less than 26 feet in length shall wear a type I, type II, or type Ill Coast Guard approved personal flotation device while such motorboat, sailboat, or vessel is underway. For the purpose of this section, "underway" shall mean at all times except when a motorboat, sailboat, or vessel is anchored, moored, or aground.

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

980


(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 officer or fire protection officer in the performance of his or her official duties or on a vessel engaged in emergency rescue activity.

History.-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; s. 2, ch. 92-188; s. 463, ch. 95-148.


327.52 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.


327.53 Marine sanitation.-( 1) Every vessel 26 feet or more in length which has

an enclosed cabin with berthing facilities shall, while on the waters of the state, be equipped with a toilet. On a vessel other than a houseboat, the toilet may be portable or permanently installed. Every permanently installed toilet shall be properly attached to the appropriate United States Coast Guard certified or labeled marine sanitation device.

(2)(a) Every houseboat shall be equipped with at least one permanently installed toilet which shall be properly connected to a United States Coast Guard certified or labeled Type Ill marine sanitation device. If the toilet is simultaneously connected to both a Type Ill marine sanitation device and to another approved marine sanitation device, the valve or other mechanism selecting between the two marine sanitation devices shall be set to direct all sewage to the Type Ill marine sanitation device and, while the vessel is on the waters of the state, shall be locked or otherwise secured by the boat operator, so as to prevent resetting.

(b) A houseboat on which a Type I marine sanitation device was installed before January 30, 1980, need not install a Type Ill device until October 1, 1996. A houseboat on which a Type II marine sanitation device was installed before July 1, 1994, need not install a Type Ill device until October 1, 1996.

(3) Every floating structure that has an enclosed living space with berthing facilities, or working space with public access, must be equipped with a permanently installed toilet properly connected to a Type Ill marine sanitation device or permanently attached via plumbing to shoreside sewage disposal. No structure shall be plumbed so as to permit the discharge of sewage into the waters of the state.

(4)(a) Raw sewage shall not be discharged from any vessel, including houseboats, or any floating structure in Florida waters. The operator of any vessel which is plumbed so that a toilet may be flushed directly into the water or so that a holding tank may be emptied into the water shall, while the vessel is on the waters of the state, set the valve or other mechanism directing the sewage so as to prevent direct discharge and lock or otherwise secure the valve so as to prevent resetting.

981

(b) All waste from Type Ill marine sanitation devices shall be disposed in an approved sewage pumpout facility.

(c) All waste from portable toilets shall be disposed in an approved waste reception facility.

(5) Every vessel owner, operator, and occupant shall comply with United States Coast Guard regulations pertaining to marine sanitation devices and with United States Environmental Protection Agency regulations pertaining to areas in which the discharge of sewage, treated or untreated, is prohibited.

(6)(a) A violation of this section is a noncriminal infraction as provided in s. 327.73. Each violation shall be a separate offense. The owner and operator of any vessel shall be jointly and severally liable for the civil penalty imposed pursuant to this section.

(b) All civil penalties imposed and collected pursuant to this section shall be deposited in the Motorboat Revolving Trust Fund and shall be used: to implement, administer, and enforce this act; to construct, renovate, or operate pumpout stations and waste reception facilities; and to conduct a program to educate vessel operators about the problem of human body waste discharges from vessels and inform them of the location of pumpout stations and waste reception facilities.

(7) Any vessel or floating structure operated or occupied on the waters of the state in violation of this section is declared a nuisance and a hazard to public safety and health. The owner or operator of any vessel or floating structure cited for violating this section shall, within 30 days following the issuance of the citation, correct the violation for which the citation was issued or remove the vessel or floating structure from the waters of the state. If the violation is not corrected within the 30 days and the vessel or floating structure remains on the waters of the state in violation of this section, law enforcement officers charged with the enforcement of this chapter under s. 327. 70 shall apply to the appropriate court in the county in which the vessel or floating structure is located, to order or otherwise cause the removal of such vessel or floating structure from the waters of the state at the owner's expense. If the owner cannot be found or otherwise fails to pay the removal costs, the provisions of s. 328.17 shall apply. If the proceeds under s. 328.17 are not sufficient to pay all removal costs, funds appropriated from the Motorboat Revolving Trust Fund pursuant to paragraph (6)(b) or 1s. 327.25(12) may be used.

(8) Any not-for-profit corporation that is organized and existing under the laws of the state and that possesses a valid exemption from federal income taxation under s. 501 (c)(3) of the United States Internal Revenue Code received prior to January 1, 1994, shall have until October 1, 1998, to comply with the provisions of this section.

History.-s. 5, ch. 94-241. 'Note.-Redesignated as s. 327.25(16) bys. 54, ch. 95-333.

327.54 Liveries; safety regulations; penalty.-(1) No livery shall knowingly lease, hire, or rent aves

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 operate.

(c) When the vessel does not contain the required safety equipment pursuant to s. 327.50.

(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, punishable as provided in s. 775.082 or s. 775.083.

(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. 71-136; s. 10, ch. 84-188; s. 4, ch. 89-136.


327.56 Safety and marine sanitation equipment inspections; qualified.-

(1) No officer shall board any vessel to make a safety or marine sanitation equipment 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 the officer 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 a vessel when the operator refuses or is unable to display the safety or marine sanitation equipment required by law, if requested to do so by a law enforcement officer, or when the safety or marine sanitation equipment to be inspected is permanently installed and is not visible for inspection unless the officer boards the vessel.

(2) Inspection of floating structures for compliance with this section shall be as provided in s. 403.091.



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


327.59 Marina evacuations.-(1) After June 1, 1994, marinas may not adopt, main

tain, or enforce policies pertaining to evacuation of vessels which require vessels to be removed from marinas following the issuance of a hurricane watch or warning, in order to ensure that protecting the lives and safety of vessel owners is placed before interests of protecting property.

(2) Nothing in this section may be construed to restrict the ability of an owner of a vessel or the owner's authorized representative to remove a vessel voluntarily from a marina at any time or to restrict a marina owner from dictating the kind of cleats, ropes, fenders, and other measures that must be used on vessels as a condition of use of a marina.

History.-s. 22, ch. 93-211; s. 11,ch. 95-146; s. 464, ch. 95-148; s. 2, ch. 95-150.

327.60 Local regulations; limitations.-(1) The provisions of ss. 327 .01-327 .11, 327 .13-

327 .16, 327.18, 327.19, 327.28, 327.30-327.40, 327.44-327.50, 327.54, 327.56, and 327.65 shall govern the operation, equipment, and all other matters relating 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 amendments thereto or regulations thereunder.

(2) Nothing contained in the provisions of this section shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulations 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 nonlive-aboard vessels engaged in the exercise of rights of navigation.



327.65 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 constructed 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 official 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, pursuant to s. 327 .60(1 ), adopt by county ordinance the following 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. 775.082 or s. 775.083.

(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 for the A-weighted sound level and the unit of sound level, the decibel.

2. "Sound level" means the A-weighted sound pres-sure level measured with fast response using an instrument complying with the specification for sound level meters of the American National Standards Institute,

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Inc., or its successor bodies, except that only a weighting 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.


327.70 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 Commission and its officers, the sheriffs of the various counties 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 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 provisions of this chapter and chapter 328.

History.-s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 3, ch. 72-16; s. 10, ch. 74-327; s. 3, ch. 78-181; ss. 10, 12; ch. 84-188.


327.71 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.

History.-s. 11, ch. 81-100.

327.72 Penalties.-Any person failing to comply with the provisions of this chapter or chapter 328 not specified ins. 327.73 or not paying the fine specified in said section within 10 days, except as otherwise provided in this chapter or chapter 328, is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s. 1, ch. 65-361; s. 304, ch. 71-136; s.1, ch. 78-181; s. 3, ch. 80-266; s. 13, ch. 84-188; s. 4, ch. 86-35; s. 48, ch. 91-224.


327.73 Noncriminal infractions.-( 1) Violations of the following provisions of the boat

ing laws of this state are noncriminal infractions: (a) 1Section 327.11 (5), relating to display of number

and possession of registration certificate. (b) 2Section 327.11(7), relating to display of decal. (c) Section 327.13(2), relating to display of number. (d) Section 327.14, relating to spacing of digits and

letters of identification number. (e) asection 327.25(10), relating to operation without

a current registration. (f) Section 327.33(2), relating to careless operation. (g) Section 327.37, relating to water skiing, aqua

planing, and similar activities.

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

(i) Violations relating to restricted areas and speed limits:

1. Established by the department pursuant to s. 327.46.

2. Established by local governmental authorities pursuant to s. 327.22 or s. 327.60.

3. Speed limits established pursuant to s. 370.12(2).

U) Section 327.48, relating to regattas and races. (k) Section 327 .50(1) and (2), relating to required

safety equipment, lights, and shapes. (I) Section 327.65, relating to muffling devices. (m) Section 327.33(3)(b), relating to navigation rules. (n) Section 327.39(1 ), (2), (3), and (5), relating to per-

sonal watercraft. (o) Section 327.53(1), (2), and (3), relating to marine

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

sanitation, for which the civil penalty is $250.

Any person cited for a violation of any such provision shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $50, except as otherwise provided in this section. Any person who fails to appear or otherwise properly respond to a uniform boating citation shall, in addition to the charge relating to the violation of the boating laws of this state, be charged with the offense of failing to respond to such citation and, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. A written warning to this effect shall be provided at the time such uniform boating citation is issued.

(2) Any person cited for an infraction under this section 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 misdemeanor 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 or she has posted bond, forfeit bond by not appearing at the designated time and location.

If the person cited follows either of the above procedures, he or she shall be deemed to have admitted the infraction and to have waived the 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

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to have waived the limitations on the civil penalty specified 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 reasonable doubt.

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

History.-s. 3, ch. 86-35; s. 7, ch. 87-392; s. 6, ch. 66-133; s. 4, ch. 88-144; s. 5, ch. 69-136; s. 32, ch. 91-221; s. 2, ch. 93-63; s. 2, ch. 93-254; s. 7, ch. 94-241; s. 955, ch. 95-148.

1Note.-Redesignated ass. 327.11(4) bys. 50, ch. 95-333. •Note.-Redesignated ass. 327.11(5) bys. 50, ch. 95-333. 3Note.-Redesignated ass. 327.25(14) bys. 54, ch. 95-333.

327.731 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 the person has been convicted of any other violation of this chapter and the offense for which the person was convicted occurred within the 12 months preceding the noncriminal infraction, to:

(a) Enroll in and successfully complete, at his or her 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 or she 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 sentence was withheld, deferred, or suspended. Any person who operates a vessel on the waters of this state in violation of the provisions of this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

History.-s 7, ch. 88-133; s. 49, ch. 91-224; s 465. ch. 95-148.

327.74 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 containing a notice to appear (which shall be issued in prenumbered 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 state's county court rules and the procedures established by the department.

(2) Courts, enforcement agencies, and the department are jointly responsible to account for all uniform boating citations in accordance with the procedures promulgated 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 jurisdiction 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 or her of the department record copy of every boating citation issued by an officer under his or her 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 forfeiture 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 department 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 prosecution 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 prosecutor shall prepare the citation. For the purpose of this subsection, the term "arresting officer" means the law enforcement officer who apprehended or took into custody 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.

History.-s. 8. ch. 87-392; s. 6, ch. 89-136; s, 466, ch. 95-148.

327 .803 Boating Advisory Council.-(1) The Boating Advisory Council is created within

the Department of Environmental Protection and shall be composed of 16 members. The initial members shall be appointed before August 1, 1994, and must include:

(a) One representative from the Department of Environmental Protection, who shall serve as the chair of the council.

(b) One representative each from the Game and Fresh Water Fish Commission, the United States Coast Guard Auxiliary, the United States Power Squadron, and the inland navigation districts.

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(c) One representative of manatee protection interests, one representative of the marine industries, two representatives of water-related environmental groups, one representative of marine manufacturers, one representative of commercial vessel owners or operators, one representative of sport boat racing, and two representatives of the boating public, each of whom shall be nominated by the Secretary of Environmental Protection and appointed by the Governor to serve staggered 2-year terms.

(d) One member of the House of Representatives, who shall be appointed by the Speaker of the House of Representatives.

(e) One member of the Senate, who shall be appointed by the President of the Senate.

(2) The council shall meet at the call of the chair, at

the request of a majority of its membership, or at such times as may be prescribed by rule.

(3) The purpose of the council is to make recommendations to the Department of Environmental Protection and the Department of Community Affairs regarding issues affecting the boating community, including, but not limited to, issues related to:

(a) Boating safety education. (b) Boating-related facilities, including marinas and

boat testing facilities. (c) Boat usage.

However, it is not the purpose of the council to make recommendations to the Marine Fisheries Commission.

(4) Members of the council shall serve without compensation.

History. -s. 13, ch. 94-241.

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Transcript of Ch.327 VESSELS: REGISTRATION AND SAFETY F.S. 1995 ...