Florida Senate - 2024 CS for SB 30 By the Committee on Environment and Natural Resources; and Senator Garcia 592-01781-24 202430c1 1 A bill to be entitled 2 An act relating to boating safety; amending s. 3 322.051, F.S.; requiring the Department of Highway 4 Safety and Motor Vehicles to issue original, renewal, 5 or replacement identification cards with a lifetime 6 boating safety identification card symbol to 7 applicants if certain conditions are met; requiring 8 the department to include the symbol on such cards 9 with no additional fee for the designation; requiring 10 the department to issue replacement identification 11 cards that meet certain requirements without charging 12 a specified fee; amending s. 322.08, F.S.; requiring 13 that applications for original, renewal, or 14 replacement driver licenses or identification cards 15 indicate whether the applicant has obtained a boating 16 safety identification card and, if so, that a copy of 17 such card be submitted with the application; 18 authorizing the Fish and Wildlife Conservation 19 Commission to provide the department with certain 20 information relating to the applicant; amending s. 21 322.14, F.S.; requiring the department to issue 22 original, renewal, or replacement driver licenses with 23 a lifetime boating safety identification card symbol 24 to applicants if certain conditions are met; requiring 25 the department to include the symbol on such licenses 26 with no additional fee for the designation; requiring 27 the department to issue replacement driver licenses 28 that meet certain requirements without charging a 29 specified fee; amending s. 327.35, F.S.; requiring a 30 person convicted of certain violations relating to 31 boating under the influence to maintain an insurance 32 policy that meets certain requirements; providing 33 criminal penalties for failure to maintain such 34 insurance; amending s. 327.395, F.S.; requiring all 35 persons, rather than only persons born on or after a 36 specified date, while operating a vessel, to have 37 specified identification in their possession aboard 38 the vessel; revising the required components of the 39 commissions developed or approved boating safety 40 education course or temporary certificate examination; 41 amending s. 327.731, F.S.; revising the mandatory 42 education requirements for a person convicted of 43 certain violations; requiring the commission to adopt 44 rules; making technical changes; amending s. 119.0712, 45 F.S.; conforming a cross-reference; reenacting s. 46 327.54(4), F.S., relating to liveries, to incorporate 47 the amendment made to s. 327.395, F.S., in references 48 thereto; providing effective dates. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1.Effective October 1, 2025, paragraph (d) of 53 subsection (8) of section 322.051, Florida Statutes, is amended, 54 and paragraph (f) is added to that subsection, to read: 55 322.051Identification cards. 56 (8) 57 (d)The department shall include symbols representing the 58 following on an identification card upon the payment of an 59 additional $1 fee by an applicant who meets the requirements of 60 subsection (1) and presents his or her: 61 1.Lifetime freshwater fishing license; 62 2.Lifetime saltwater fishing license; 63 3.Lifetime hunting license; or 64 4.Lifetime sportsmans license; or 65 5.Lifetime boater safety identification card. 66 67 A person may replace his or her identification card before its 68 expiration date with a card that includes his or her status as a 69 lifetime licensee or boater safety cardholder upon surrender of 70 his or her current identification card, payment of a $2 fee to 71 be deposited into the Highway Safety Operating Trust Fund, and 72 presentation of the persons lifetime license or card. If the 73 sole purpose of the replacement identification card is the 74 inclusion of the applicants status as a lifetime licensee or 75 cardholder, the replacement identification card must be issued 76 without payment of the fee required in s. 322.21(1)(f)3.c. 77 (f)The department shall issue an original, renewal, or 78 replacement identification card, as applicable, which includes a 79 symbol representing a lifetime boating safety identification 80 card upon the applicants presentation of his or her Florida 81 boating safety identification card or a receipt of confirmation 82 by the Fish and Wildlife Conservation Commission that the 83 applicant was issued a Florida boating safety identification 84 card. The department shall include the lifetime boating safety 85 identification card symbol on an original, renewal, or 86 replacement identification card with no additional fee to the 87 applicant for the designation. If the sole purpose of the 88 replacement identification card is the inclusion of the 89 applicants status as a lifetime boating safety cardholder, the 90 replacement identification card must be issued without payment 91 of any fee required by s. 322.21(1)(f). 92 Section 2.Effective October 1, 2025, present subsections 93 (5) through (10) of section 322.08, Florida Statutes, are 94 redesignated as subsections (6) through (11), respectively, and 95 a new subsection (5) is added to that section, to read: 96 322.08Application for license; requirements for license 97 and identification card forms. 98 (5)Each such application must indicate whether the 99 applicant has obtained a Florida boating safety identification 100 card pursuant to s. 327.395, and, if so, a copy of such card 101 must be submitted with the application. For purposes of 102 administering this subsection, the Fish and Wildlife 103 Conservation Commission may provide to the department any record 104 it has of the applicant completing a boating safety education 105 course that meets the requirements of s. 327.395 or having been 106 issued a Florida boating safety identification card. 107 Section 3.Effective October 1, 2025, paragraph (e) of 108 subsection (1) of section 322.14, Florida Statutes, is amended, 109 and paragraph (g) is added to that subsection, to read: 110 322.14Licenses issued to drivers. 111 (1) 112 (e)The department shall include symbols representing the 113 following on a driver license upon the payment of an additional 114 $1 fee by an applicant who meets the requirements of s. 322.08 115 and presents his or her: 116 1.Lifetime freshwater fishing license; 117 2.Lifetime saltwater fishing license; 118 3.Lifetime hunting license; or 119 4.Lifetime sportsmans license; or 120 5.Lifetime boater safety identification card. 121 122 A person may replace his or her driver license before its 123 expiration date with a license that includes his or her status 124 as a lifetime licensee or boater safety cardholder upon 125 surrender of his or her current driver license, payment of a $2 126 fee to be deposited into the Highway Safety Operating Trust 127 Fund, and presentation of the persons lifetime license or 128 identification card. If the sole purpose of the replacement 129 driver license is the inclusion of the applicants status as a 130 lifetime licensee or cardholder, the replacement driver license 131 must be issued without payment of the fee required in s. 132 322.21(1)(e). 133 (g)The department shall issue an original, renewal, or 134 replacement driver license, as applicable, which includes a 135 symbol representing a lifetime boating safety identification 136 card, upon the applicants presentation of his or her Florida 137 boating safety identification card or a receipt of confirmation 138 by the Fish and Wildlife Conservation Commission that the 139 applicant has been issued a Florida boating safety 140 identification card. The department shall include the lifetime 141 boating safety identification card symbol on an original, 142 renewal, or replacement driver license with no additional fee to 143 the applicant for the designation. If the sole purpose of the 144 replacement driver license is the inclusion of the applicants 145 status as a lifetime boating safety cardholder, the replacement 146 driver license must be issued without payment of any fee 147 required by s. 322.21(1)(e). 148 Section 4.Present subsection (10) of section 327.35, 149 Florida Statutes, is redesignated as subsection (11), and a new 150 subsection (10) is added to that section, to read: 151 327.35Boating under the influence; penalties; designated 152 drivers. 153 (10)Notwithstanding any sentence or fine imposed by law or 154 the court, a person convicted of a violation of subsection (1) 155 and one or more criminal violations under this chapter, whether 156 arising from the same incident or within the preceding 12 157 months, must maintain an insurance policy insuring against loss 158 from liability for bodily injury, death, and property damage 159 arising out of the ownership, maintenance, or use of a vessel. 160 Such insurance must contain limits not less than $100,000 for 161 bodily injury liability or death and $50,000 for property 162 damage. A person who operates a vessel without the requisite 163 insurance commits a misdemeanor of the second degree, punishable 164 as provided in s. 775.082 or s. 775.083. 165 Section 5.Subsections (1), (2), and (4) of section 166 327.395, Florida Statutes, are amended to read: 167 327.395Boating safety education. 168 (1)Effective July 1, 2026, a person operating born on or 169 after January 1, 1988, may not operate a vessel powered by a 170 motor of 10 horsepower or greater must have unless such person 171 has in his or her possession aboard the vessel the documents 172 required by subsection (2). 173 (2)While operating a vessel, a person identified under 174 subsection (1) must have in his or her possession aboard the 175 vessel photographic identification and a Florida boating safety 176 identification card issued by the commission; a state-issued 177 identification card or driver license indicating possession of 178 the Florida boating safety identification card; or photographic 179 identification and a temporary certificate issued or approved by 180 the commission, an International Certificate of Competency, a 181 boating safety card or certificate from another state or United 182 States territory, or a Canadian Pleasure Craft Operator Card, 183 which shows that he or she has done one of the following: 184 (a)Completed a commission-approved boating safety 185 education course that meets the minimum requirements established 186 by the National Association of State Boating Law 187 Administrators.; 188 (b)Passed a temporary certificate examination developed or 189 approved by the commission.; 190 (c)Obtained a valid International Certificate of 191 Competency.; or 192 (d)Completed a boating safety education course or 193 equivalency examination in another state, a United States 194 territory, or Canada which meets or exceeds the minimum 195 requirements established by the National Association of State 196 Boating Law Administrators. 197 (4)A commission-approved boating safety education course 198 or temporary certificate examination developed or approved by 199 the commission must include components regarding all of the 200 following: 201 (a)Diving vessels, awareness of divers in the water, 202 divers-down warning devices, and the requirements of s. 327.331. 203 (b)The danger associated with: 204 1.A passenger riding on a seat back, gunwale, transom, 205 bow, motor cover, or any other vessel area not designed and 206 designated by the manufacturer for seating. 207 2.A passenger falling overboard. 208 3.Operating a vessel with a person in the water near the 209 vessel. 210 4.Starting a vessel with the engine in gear. 211 5.Leaving the vessel running when a passenger is boarding 212 or disembarking. 213 6.Boating under the influence in violation of s. 327.35. 214 (c)The proper use and lifesaving benefits of an engine 215 cutoff switch for motorboats and personal watercraft. 216 (d)Human trafficking awareness. 217 218 The commission must include the components under this subsection 219 in boating safety education campaigns and in educational 220 materials produced by the commission, as appropriate. 221 Section 6.Section 327.731, Florida Statutes, is amended to 222 read: 223 327.731Mandatory education for violators. 224 (1)A person convicted of a criminal violation under this 225 chapter, convicted of a noncriminal infraction under this 226 chapter if the infraction resulted in a reportable boating 227 accident, or convicted of a two noncriminal infraction 228 infractions as specified in s. 327.73(1)(h)-(k), (m), (o), (p), 229 or and (s)-(y), the infractions occurring within a 12-month 230 period, must do all of the following: 231 (a)Enroll in, attend, and successfully complete, at his or 232 her own expense, one of the following courses, as applicable: 233 1.For a person convicted of any two noncriminal 234 infractions within a 24-month period, the boating safety 235 education course provided for in s. 327.395. 236 2.For a person convicted of a criminal violation, of a 237 noncriminal infraction under this chapter if the infraction 238 resulted in a reportable boating accident, or of three or more 239 noncriminal infractions within a 36-month period, the boating 240 safety education course provided for in s. 327.395 and a 4-hour 241 course that includes information regarding all of the following: 242 a.The boating laws of this state. 243 b.Causes and prevention of boating accidents. 244 c.The importance of wearing personal flotation devices. 245 d.The use of common sense and common courtesy while 246 operating a vessel. 247 e.Operating a vessel defensively. a classroom or online 248 boating safety course that is approved by and meets the minimum 249 standards established by commission rule; 250 (b)File with the commission within 90 days proof of 251 successful completion of the course.; 252 (c)Refrain from operating a vessel until he or she has 253 filed proof of successful completion of the course with the 254 commission.; and 255 (d)Pay a fine of $500. The clerk of the court shall remit 256 all fines assessed and collected under this paragraph to the 257 Department of Revenue to be deposited into the Marine Resources 258 Conservation Trust Fund to support law enforcement activities. 259 (2)For the purposes of this section, the terms convicted 260 and conviction mean means a finding of guilt, or the 261 acceptance of a plea of guilty or nolo contendere, regardless of 262 whether or not adjudication was withheld or whether imposition 263 of sentence was withheld, deferred, or suspended. A Any person 264 who operates a vessel on the waters of this state in violation 265 of the provisions of this section commits is guilty of a 266 misdemeanor of the second degree, punishable as provided in s. 267 775.082 or s. 775.083. 268 (3)The commission shall print on the reverse side of the 269 defendants copy of the boating citation a notice of the 270 provisions of this section. Upon conviction, the clerk of the 271 court shall notify the defendant that it is unlawful for him or 272 her to operate any vessel until he or she has complied with this 273 section, but failure of the clerk of the court to provide such a 274 notice is shall not be a defense to a charge of unlawful 275 operation of a vessel under subsection (2). 276 (4)The commission shall: 277 (a)Maintain a program to ensure compliance with the 278 mandatory boating safety education requirements under this 279 section. This program must: 280 1.(a)Track any citations resulting in a conviction under 281 this section and the disposition of such citations; and. 282 2.(b)Send specific notices to each person subject to the 283 requirement for mandatory boating safety education. 284 (b)Adopt rules necessary to implement this section. 285 Section 7.Effective October 1, 2025, paragraph (c) of 286 subsection (2) of section 119.0712, Florida Statutes, is amended 287 to read: 288 119.0712Executive branch agency-specific exemptions from 289 inspection or copying of public records. 290 (2)DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. 291 (c)E-mail addresses collected by the Department of Highway 292 Safety and Motor Vehicles pursuant to s. 319.40(3), s. 293 320.95(2), or s. 322.08(11) s. 322.08(10) are exempt from s. 294 119.07(1) and s. 24(a), Art. I of the State Constitution. This 295 exemption applies retroactively. 296 Section 8.For the purpose of incorporating the amendment 297 made by this act to section 327.395, Florida Statutes, in 298 references thereto, subsection (4) of section 327.54, Florida 299 Statutes, is reenacted to read: 300 327.54Liveries; safety regulations; penalty. 301 (4)A livery may not knowingly lease or rent a vessel to a 302 person who is required to comply with s. 327.395 unless such 303 person presents to the livery the documentation required by s. 304 327.395(2) for the operation of a vessel or meets the exemption 305 provided under s. 327.395(6)(f). 306 Section 9.Except as otherwise expressly provided in this 307 act, this act shall take effect July 1, 2024.