Florida Senate - 2025 SB 58 By Senator Garcia 36-00060A-25 202558__ 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 certain replacement 11 identification cards without charging a specified fee; 12 amending s. 322.08, F.S.; requiring that applications 13 for original, renewal, or replacement driver licenses 14 or identification cards indicate whether the applicant 15 has obtained a boating safety identification card and, 16 if so, that a copy of such card be submitted with the 17 application; authorizing the Fish and Wildlife 18 Conservation Commission to provide the department with 19 certain information relating to the applicant; 20 amending s. 322.14, F.S.; requiring the department to 21 issue original, renewal, or replacement driver 22 licenses with a lifetime boating safety identification 23 card symbol to applicants if certain conditions are 24 met; requiring the department to include the symbol on 25 such licenses with no additional fee for the 26 designation; requiring the department to issue certain 27 replacement driver licenses without charging a 28 specified fee; amending s. 327.30, F.S.; revising the 29 penalties for persons operating a vessel involved in 30 an accident or injury who leave the scene of the 31 accident or injury under certain circumstances; 32 providing graduated penalties depending on the level 33 of damage to property or injury to person; providing a 34 mandatory minimum sentence for a person who willfully 35 commits such a violation resulting in the death of 36 another while boating under the influence; defining 37 the term serious bodily injury; amending s. 327.33, 38 F.S.; providing increased criminal penalties for the 39 reckless operation of a vessel which causes serious 40 bodily injury to another; defining the term serious 41 bodily injury; amending s. 327.35, F.S.; revising the 42 conditions that compose the offense of, and penalties 43 for, boating under the influence (BUI); requiring 44 courts to order the mandatory placement of ignition 45 interlock devices upon certain vehicles leased or 46 owned and routinely operated by certain persons; 47 revising the conditions composing the offense of, and 48 penalties for, BUI manslaughter; providing a mandatory 49 minimum term of imprisonment for a person convicted of 50 BUI manslaughter; requiring courts to order the 51 mandatory placement of ignition interlock devices upon 52 certain vehicles leased or owned and routinely 53 operated by certain persons; revising substance abuse 54 education, evaluation, and treatment requirements for 55 certain persons; requiring substance abuse programs to 56 notify the court and department of an offenders 57 failure to report to or complete such treatment or 58 education and evaluation; providing penalties for the 59 offender; requiring waivers before organizations 60 conducting substance abuse education and evaluation 61 begin providing such treatment; providing 62 authorization and documentation requirements for such 63 waivers; authorizing civil penalties; requiring a 64 person convicted of certain BUI violations to maintain 65 an insurance policy that meets certain requirements; 66 providing criminal penalties for failure to maintain 67 such insurance policy; making technical changes; 68 amending s. 327.352, F.S.; revising penalties for a 69 person operating a vessel who fails to submit to a 70 lawful test of his or her breath or urine; amending s. 71 327.395, F.S.; requiring that all persons, rather than 72 only persons born on or after a specified date, have 73 specified identification in their possession while 74 operating a vessel; revising the required components 75 of the commissions developed or approved boating 76 safety education course and temporary certificate 77 examination; amending s. 327.731, F.S.; revising the 78 mandatory education requirements for a person 79 convicted of certain violations; requiring the 80 commission to adopt rules; making technical changes; 81 amending s. 782.072, F.S.; revising the definition of 82 the term vessel homicide to include the killing of 83 an unborn child by causing injury to the mother by 84 operation of a vessel in a reckless manner under 85 certain circumstances; defining the term unborn 86 child; amending ss. 119.0712, 327.70, and 327.73, 87 F.S.; conforming cross-references; reenacting s. 88 327.54(4), F.S., relating to liveries, to incorporate 89 the amendment made to s. 327.395, F.S., in references 90 thereto; providing effective dates. 91 92 Be It Enacted by the Legislature of the State of Florida: 93 94 Section 1.Effective October 1, 2026, paragraph (d) of 95 subsection (8) of section 322.051, Florida Statutes, is amended, 96 and paragraph (f) is added to that subsection, to read: 97 322.051Identification cards. 98 (8) 99 (d)The department shall include symbols representing the 100 following on an identification card upon the payment of an 101 additional $1 fee by an applicant who meets the requirements of 102 subsection (1) and presents his or her: 103 1.Lifetime freshwater fishing license; 104 2.Lifetime saltwater fishing license; 105 3.Lifetime hunting license; or 106 4.Lifetime sportsmans license; or 107 5.Lifetime boater safety identification card. 108 109 A person may replace his or her identification card before its 110 expiration date with a card that includes his or her status as a 111 lifetime licensee or boater safety cardholder upon surrender of 112 his or her current identification card, payment of a $2 fee to 113 be deposited into the Highway Safety Operating Trust Fund, and 114 presentation of the persons lifetime license or card. If the 115 sole purpose of the replacement identification card is the 116 inclusion of the applicants status as a lifetime licensee or 117 cardholder, the replacement identification card must be issued 118 without payment of the fee required in s. 322.21(1)(f)3.c. 119 (f)The department shall issue an original, renewal, or 120 replacement identification card, as applicable, which includes a 121 symbol representing a lifetime boating safety identification 122 card upon the applicants presentation of his or her Florida 123 boating safety identification card or shall provide a receipt of 124 confirmation by the Fish and Wildlife Conservation Commission 125 that the applicant was issued a Florida boating safety 126 identification card. The department shall include the lifetime 127 boating safety identification card symbol on an original, 128 renewal, or replacement identification card with no additional 129 fee to the applicant for the designation. If the sole purpose of 130 a replacement identification card is the inclusion of the 131 applicants status as a lifetime boating safety cardholder, the 132 replacement identification card must be issued without payment 133 of the fee required by s. 322.21(1)(f). 134 Section 2.Effective October 1, 2026, present subsections 135 (5) through (10) of section 322.08, Florida Statutes, are 136 redesignated as subsections (6) through (11), respectively, and 137 a new subsection (5) is added to that section, to read: 138 322.08Application for license; requirements for license 139 and identification card forms. 140 (5)Each such application must indicate whether the 141 applicant has obtained a Florida boating safety identification 142 card pursuant to s. 327.395, and, if so, a copy of such card 143 must be submitted with the application. For purposes of 144 administering this subsection, the Fish and Wildlife 145 Conservation Commission may provide to the department any record 146 documenting the applicants completion of a boating safety 147 education course meeting the requirements of s. 327.395 or 148 issuance of a Florida boating safety identification card. 149 Section 3.Effective October 1, 2026, paragraph (e) of 150 subsection (1) of section 322.14, Florida Statutes, is amended, 151 and paragraph (g) is added to that subsection, to read: 152 322.14Licenses issued to drivers. 153 (1) 154 (e)The department shall include symbols representing the 155 following on a driver license upon the payment of an additional 156 $1 fee by an applicant who meets the requirements of s. 322.08 157 and presents his or her: 158 1.Lifetime freshwater fishing license; 159 2.Lifetime saltwater fishing license; 160 3.Lifetime hunting license; or 161 4.Lifetime sportsmans license; or 162 5.Lifetime boater safety identification card. 163 164 A person may replace his or her driver license before its 165 expiration date with a license that includes his or her status 166 as a lifetime licensee or boater safety cardholder upon 167 surrender of his or her current driver license, payment of a $2 168 fee to be deposited into the Highway Safety Operating Trust 169 Fund, and presentation of the persons lifetime license or 170 identification card. If the sole purpose of the replacement 171 driver license is the inclusion of the applicants status as a 172 lifetime licensee or cardholder, the replacement driver license 173 must be issued without payment of the fee required in s. 174 322.21(1)(e). 175 (g)The department shall issue an original, renewal, or 176 replacement driver license, as applicable, which includes a 177 symbol representing a lifetime boating safety identification 178 card, upon the applicants presentation of his or her Florida 179 boating safety identification card or a receipt of confirmation 180 by the Fish and Wildlife Conservation Commission that the 181 applicant has been issued a Florida boating safety 182 identification card. The department shall include the lifetime 183 boating safety identification card symbol on an original, 184 renewal, or replacement driver license with no additional fee to 185 the applicant for the designation. If the sole purpose of a 186 replacement driver license is the inclusion of the applicants 187 status as a lifetime boating safety cardholder, the replacement 188 driver license must be issued without payment of the fee 189 required by s. 322.21(1)(e). 190 Section 4.Subsection (5) of section 327.30, Florida 191 Statutes, is amended to read: 192 327.30Collisions, accidents, and casualties. 193 (5)It is unlawful for a person operating a vessel involved 194 in an accident or injury to leave the scene of the accident or 195 injury without giving all possible aid to all persons involved 196 and making a reasonable effort to locate the owner or persons 197 affected and subsequently complying with and notifying the 198 appropriate law enforcement official as required under this 199 section. 200 (a)If a Any person who violates this subsection and the 201 with respect to an accident results resulting in: 202 1.Property damage only, the person commits a misdemeanor 203 of the first degree, punishable as provided in s. 775.082 or s. 204 775.083. 205 2.Injury to a person other than serious bodily injury, the 206 person commits a felony of the third degree, punishable as 207 provided in s. 775.082, s. 775.083, or s. 775.084. 208 3.Serious bodily injury, the person commits a felony of 209 the second degree, punishable as provided in s. 775.082, s. 210 775.083, or s. 775.084. 211 4.The death of another person, the person commits a felony 212 of the first degree, punishable as provided in s. 775.082, s. 213 775.083, or s. 775.084. A person who willfully commits a 214 violation of this subparagraph while operating a vessel under 215 the influence as set forth in s. 327.35(1) must be sentenced to 216 a mandatory minimum term of imprisonment of 4 years. 217 (b)As used in this subsection, the term serious bodily 218 injury means an injury to a person, including the vessel 219 operator, which consists of a physical condition that creates a 220 substantial risk of death, serious personal disfigurement, or 221 protracted loss or impairment of the function of a bodily member 222 or organ personal injury commits a felony of the third degree, 223 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 224 Any person who violates this subsection with respect to an 225 accident resulting in property damage only commits a misdemeanor 226 of the second degree, punishable as provided in s. 775.082 or s. 227 775.083. 228 Section 5.Present subsections (2), (3), and (4) of section 229 327.33, Florida Statutes, are redesignated as subsections (3), 230 (4), and (5), respectively, a new subsection (2) is added to 231 that section, and subsection (1) and present subsection (3) of 232 that section are amended, to read: 233 327.33Reckless or careless operation of vessel. 234 (1)It is unlawful to operate a vessel in a reckless 235 manner. A person who operates any vessel, or manipulates any 236 water skis, aquaplane, or similar device, in willful or wanton 237 disregard for the safety of persons or property at a speed or in 238 a manner as to endanger, or likely to endanger, life or limb, or 239 damage the property of, or injure a person commits is guilty of 240 reckless operation of a vessel. Reckless operation of a vessel 241 includes, but is not limited to, a violation of s. 327.331(6). 242 Except as provided in subsection (2), a person who violates this 243 subsection commits a misdemeanor of the first degree, punishable 244 as provided in s. 775.082 or s. 775.083. 245 (2)A person who: 246 (a)Violates subsection (1); 247 (b)Operates a vessel; and 248 (c)By reason of such operation, causes serious bodily 249 injury to another, 250 251 commits a felony of the third degree, punishable as provided in 252 s. 775.082, s. 775.083, or s. 775.084. As used in this 253 subsection, the term serious bodily injury means an injury to 254 a person which consists of a physical condition that creates a 255 serious personal disfigurement or protracted loss or impairment 256 of the function of a bodily member or organ. 257 (4)(3)Each person operating a vessel upon the waters of 258 this state shall comply with the navigation rules. 259 (a)A person who violates a the navigation rule rules and 260 such the violation results in a boating accident causing serious 261 bodily injury as defined in s. 327.353 or death, but the 262 violation does not constitute reckless operation of a vessel, 263 commits a felony misdemeanor of the third second degree, 264 punishable as provided in s. 775.082 or s. 775.083. 265 (b)A person who violates the navigation rules and the 266 violation does not constitute reckless operation of a vessel 267 commits a noncriminal violation as defined in s. 775.08, 268 punishable as provided in s. 327.73. 269 (c)Law enforcement vessels may deviate from the 270 navigational rules when such diversion is necessary to the 271 performance of their duties and when such deviation may be 272 safely accomplished. 273 Section 6.Effective October 1, 2026, present subsection 274 (10) of section 327.35, Florida Statutes, is redesignated as 275 subsection (11), a new subsection (10) is added to that section, 276 and subsections (1) through (6) of that section are amended, to 277 read: 278 327.35Boating under the influence; penalties; designated 279 drivers. 280 (1)A person commits is guilty of the offense of boating 281 under the influence and is subject to punishment as provided in 282 subsection (2) if the person is in physical control of operating 283 a vessel within this state and any of the following applies: 284 (a)The person is under the influence of alcoholic 285 beverages, any chemical substance set forth in s. 877.111, or 286 any substance controlled under chapter 893, when affected to the 287 extent that the persons normal faculties are impaired.; 288 (b)The person has a blood-alcohol level of 0.08 or more 289 grams of alcohol per 100 milliliters of blood.; or 290 (c)The person has a breath-alcohol level of 0.08 or more 291 grams of alcohol per 210 liters of breath. 292 (2)(a)Except as provided in paragraph (b), subsection (3), 293 or subsection (4), a any person who is convicted of a violation 294 of subsection (1) is subject to the following shall be punished: 295 1.By A fine of: 296 a.Not less than $500 or more than $1,000 for a first 297 conviction. 298 b.Not less than $1,000 or more than $2,000 for a second 299 conviction; and 300 2.By Imprisonment for: 301 a.Not more than 6 months for a first conviction. 302 b.Not more than 9 months for a second conviction. 303 304 The clerk shall remit the portion of a fine imposed in excess of 305 $500 pursuant to sub-subparagraph 1.a. and the portion of a fine 306 imposed in excess of $1,000 pursuant to sub-subparagraph 1.b., 307 shall be remitted by the clerk to the Department of Revenue for 308 deposit into the General Revenue Fund. 309 (b)1.A Any person who is convicted of a third violation of 310 this section for an offense that occurs within 10 years after a 311 prior conviction for a violation of this section commits a 312 felony of the third degree, punishable as provided in s. 313 775.082, s. 775.083, or s. 775.084. In addition, the court shall 314 order the mandatory placement of an ignition interlock device 315 approved by the department in accordance with s. 316.1938 upon 316 all vehicles individually or jointly leased or owned and 317 routinely operated by the convicted person, when the convicted 318 person qualifies for a permanent or restricted license. The 319 ignition interlock device must be installed, at the convicted 320 persons sole expense, for not less than 2 continuous years. 321 2.A Any person who is convicted of a third violation of 322 this section for an offense that occurs more than 10 years after 323 the date of a prior conviction for a violation of this section 324 is subject to shall be punished by a fine of not less than 325 $2,000 or more than $5,000 and by imprisonment for not more than 326 12 months. The clerk shall remit the portion of a fine imposed 327 in excess of $2,500 pursuant to this subparagraph shall be 328 remitted by the clerk to the Department of Revenue for deposit 329 into the General Revenue Fund. In addition, the court shall 330 order the mandatory placement of an ignition interlock device 331 approved by the department in accordance with s. 316.1938 upon 332 all vehicles individually or jointly leased or owned and 333 routinely operated by the convicted person, when the convicted 334 person qualifies for a permanent or restricted license. The 335 ignition interlock device must be installed, at the convicted 336 persons sole expense, for not less than 2 continuous years. 337 3.Any person who is convicted of a fourth or subsequent 338 violation of this section, regardless of when any prior 339 conviction for a violation of this section occurred, commits a 340 felony of the third degree, punishable as provided in s. 341 775.082, s. 775.083, or s. 775.084. 342 343 However, the fine imposed for such fourth or subsequent 344 violation may not be less than $2,000. The clerk shall remit the 345 portion of such fine imposed in excess of $1,000 shall be 346 remitted by the clerk to the Department of Revenue for deposit 347 into the General Revenue Fund. In addition to the penalties 348 specified in paragraph (a), the court may order the placement of 349 an ignition interlock device approved by the department in 350 accordance with s. 316.1938 upon all vehicles individually or 351 jointly leased or owned and routinely operated by the convicted 352 person if, at the time of the offense, the person had a blood 353 alcohol level or breath-alcohol level of 0.08 or higher. The 354 ignition interlock device must be installed, at the convicted 355 persons sole expense, for not less than 6 continuous months. 356 (3)A Any person who: 357 (a)Violates Who is in violation of subsection (1); 358 (b)Who Operates a vessel; and 359 (c)Who, By reason of such operation, causes or contributes 360 to causing: 361 1.Damage to the property or person of another commits a 362 misdemeanor of the first degree, punishable as provided in s. 363 775.082 or s. 775.083. 364 2.Serious bodily injury to another, as defined in s. 365 327.353, commits a felony of the third degree, punishable as 366 provided in s. 775.082, s. 775.083, or s. 775.084. 367 3.The death of a any human being or an unborn child as 368 defined in s. 775.021(5)(e) commits BUI manslaughter, and 369 commits: 370 a.A felony of the second degree, punishable as provided in 371 s. 775.082, s. 775.083, or s. 775.084. 372 b.A felony of the first degree, punishable as provided in 373 s. 775.082, s. 775.083, or s. 775.084, if: 374 (I)At the time of the accident, the person knew, or should 375 have known, that the accident occurred; and 376 (II)The person failed to give information and render aid 377 as required by s. 327.30. 378 379 A person convicted of BUI manslaughter must be sentenced to a 380 mandatory term of imprisonment of 4 years. This Sub-subparagraph 381 3.b. does not require that the person knew that the accident 382 resulted in injury or death. 383 (4)A Any person who is convicted of violating a violation 384 of subsection (1) and who has a blood-alcohol level or breath 385 alcohol level of 0.15 or higher, or any person who is convicted 386 of violating a violation of subsection (1) and who at the time 387 of the offense was accompanied in the vessel by a person under 388 the age of 18 years of age, is subject to shall be punished: 389 (a)By A fine of: 390 1.Not less than $1,000 or more than $2,000 for a first 391 conviction. 392 2.Not less than $2,000 or more than $4,000 for a second 393 conviction. 394 3.Not less than $4,000 for a third or subsequent 395 conviction. 396 (b)By Imprisonment for: 397 1.Not more than 9 months for a first conviction. 398 2.Not more than 12 months for a second conviction. 399 (c)In addition to the penalties provided in paragraphs (a) 400 and (b), the mandatory placement of an ignition interlock device 401 as ordered by the court and approved by the department in 402 accordance with s. 316.1938 upon all vehicles that are 403 individually or jointly leased or owned and routinely operated 404 by the convicted person, when the convicted person qualifies for 405 a permanent or restricted license. The ignition interlock device 406 must be installed, at the convicted persons sole expense, for 407 not less than 6 continuous months for the first offense and for 408 not less than 2 continuous years for a second offense. 409 410 The clerk shall remit the portion of a fine imposed in excess of 411 $1,000 pursuant to subparagraph (a)1. and the portion of a fine 412 imposed in excess of $2,000 pursuant to subparagraph (a)2. or 413 subparagraph (a)3., shall be remitted by the clerk to the 414 Department of Revenue for deposit into the General Revenue Fund. 415 For the purposes of this subsection, only the instant offense is 416 required to be a violation of subsection (1) by a person who has 417 a blood-alcohol level or breath-alcohol level of 0.15 or higher. 418 (5)In addition to any sentence or fine, the court shall 419 place any offender convicted of violating this section on 420 monthly reporting probation and shall require attendance at a 421 substance abuse course specified by the court.; and 422 (a)The agency conducting the substance abuse course may 423 refer the offender to an authorized service provider for 424 substance abuse evaluation and treatment, which must include a 425 psychosocial evaluation of the offender, in addition to any 426 sentence or fine imposed under this section. If the substance 427 abuse program makes such a referral in addition to any sentence 428 or fine imposed under this section, the completion of all such 429 education, evaluation, and treatment is a condition of reporting 430 probation. The offender shall assume reasonable costs for such 431 education, evaluation, and treatment, with completion of all 432 such education, evaluation, and treatment being a condition of 433 reporting probation. A referral to treatment resulting from a 434 psychosocial evaluation may not be waived without a supporting 435 independent psychosocial evaluation conducted by an authorized 436 substance abuse treatment provider agency appointed by the 437 court. The provider must be provided access to the substance 438 abuse programs psychosocial evaluation before the independent 439 psychosocial evaluation is conducted and with access to the 440 original evaluation. The offender shall bear the cost of this 441 procedure. The court shall review the results and 442 recommendations of both evaluations before determining the 443 request for a waiver. 444 (b)If an offender is referred to treatment under this 445 subsection and he or she fails to report for or complete such 446 treatment or fails to complete the programs substance abuse 447 education course and evaluation, the substance abuse program 448 must notify the court and the department of the failure. Upon 449 receipt of the notice, the department must cancel the offenders 450 driving privilege, notwithstanding the terms of the court order 451 or any suspension or revocation of the driving privilege. The 452 department may temporarily reinstate the driving privilege on a 453 restricted basis upon verification from the substance abuse 454 program that the offender is currently participating in 455 treatment and that both the substance abuse education course and 456 evaluation requirement have been completed. If the substance 457 abuse program notifies the department of a second failure to 458 complete treatment, the department must reinstate the driving 459 privilege only after notice of completion of treatment from the 460 substance abuse program. 461 (c)An organization that conducts an offenders substance 462 abuse education and evaluation may not provide required 463 substance abuse treatment unless a waiver has been granted to 464 that organization by the department. A waiver may be granted 465 only if the department, in accordance with department rule, 466 determines that the service provider conducting the substance 467 abuse education and evaluation is the most appropriate service 468 provider and is licensed under chapter 397 or is exempt from 469 such licensure. Organizations authorized to provide services 470 under this section shall submit quarterly statistical referral 471 reports to the department. 472 (d)As used in this subsection, the term substance abuse 473 means the abuse of alcohol or any substance named or described 474 in Schedules I-V of s. 893.03. 475 (6)With respect to a any person convicted of violating a 476 violation of subsection (1), regardless of any other penalty 477 imposed: 478 (a)For the first conviction, the court shall place the 479 defendant on probation for a period not to exceed 1 year and, as 480 a condition of such probation, shall order the defendant to 481 participate in public service or a community work project for a 482 minimum of 50 hours. The court shall must also, as a condition 483 of probation, order the impoundment or immobilization of the 484 vessel that was operated by or in the actual control of the 485 defendant or any one vehicle registered in the defendants name 486 at the time of impoundment or immobilization, for a period of 10 487 days or for the unexpired term of any lease or rental agreement 488 that expires within 10 days. The impoundment or immobilization 489 must not occur concurrently with the incarceration of the 490 defendant. The impoundment or immobilization order may be 491 dismissed in accordance with paragraph (e), or paragraph (f), or 492 paragraph (g). The total period of probation and incarceration 493 may not exceed 1 year. 494 (b)For the second conviction for an offense that occurs 495 within a period of 5 years after the date of a prior conviction 496 for violation of this section, the court shall order 497 imprisonment for not less than 10 days. The court may order a 498 defendant to pay a fine of $10 for each hour of public service 499 or community work otherwise required only if the court finds 500 that the residence or location of the defendant at the time 501 public service or community work is required or the defendants 502 employment obligations would create an undue hardship for the 503 defendant. However, the total period of probation and 504 incarceration may not exceed 1 year. The court shall must also, 505 as a condition of probation, order the impoundment or 506 immobilization of the vessel that was operated by or in the 507 actual control of the defendant or any one vehicle registered in 508 the defendants name at the time of impoundment or 509 immobilization, for a period of 10 30 days or for the unexpired 510 term of any lease or rental agreement that expires within 10 30 511 days. The impoundment or immobilization must not occur 512 concurrently with the incarceration of the defendant. The 513 impoundment or immobilization order may be dismissed in 514 accordance with paragraph (e), or paragraph (f), or paragraph 515 (g). At least 48 hours of confinement must be consecutive. 516 (c)For the third or subsequent conviction for an offense 517 that occurs within a period of 10 years after the date of a 518 prior conviction for violation of this section, the court shall 519 order imprisonment for not less than 30 days. The court shall 520 must also, as a condition of probation, order the impoundment or 521 immobilization of the vessel that was operated by or in the 522 actual control of the defendant or any one vehicle registered in 523 the defendants name at the time of impoundment or 524 immobilization, for a period of 90 days or for the unexpired 525 term of any lease or rental agreement that expires within 90 526 days. The impoundment or immobilization must not occur 527 concurrently with the incarceration of the defendant. The 528 impoundment or immobilization order may be dismissed in 529 accordance with paragraph (e), or paragraph (f), or paragraph 530 (g). At least 48 hours of confinement must be consecutive. 531 (d)The court shall must at the time of sentencing the 532 defendant issue an order for the impoundment or immobilization 533 of a vessel. Within 7 business days after the date that the 534 court issues the order of impoundment, and once again 30 535 business days before the actual impoundment or immobilization of 536 the vessel, the clerk of the court must send notice by certified 537 mail, return receipt requested, to the registered owner of each 538 vessel, if the registered owner is a person other than the 539 defendant, and to each person of record claiming a lien against 540 the vessel. 541 (e)A person who owns but was not operating the vessel when 542 the offense occurred may submit to the court a police report 543 indicating that the vessel was stolen at the time of the offense 544 or documentation of having purchased the vessel after the 545 offense was committed from an entity other than the defendant or 546 the defendants agent. If the court finds that the vessel was 547 stolen or that the sale was not made to circumvent the order and 548 allow the defendant continued access to the vessel, the order 549 must be dismissed and the owner of the vessel will incur no 550 costs. If the court denies the request to dismiss the order of 551 impoundment or immobilization, the petitioner may request an 552 evidentiary hearing. 553 (f)A person who owns but was not operating the vessel when 554 the offense occurred, and whose vessel was stolen or who 555 purchased the vessel after the offense was committed directly 556 from the defendant or the defendants agent, may request an 557 evidentiary hearing to determine whether the impoundment or 558 immobilization should occur. If the court finds that either the 559 vessel was stolen or the purchase was made without knowledge of 560 the offense, that the purchaser had no relationship to the 561 defendant other than through the transaction, and that such 562 purchase would not circumvent the order and allow the defendant 563 continued access to the vessel, the order must be dismissed and 564 the owner of the vessel will incur no costs. 565 (g)All costs and fees for the impoundment or 566 immobilization, including the cost of notification, must be paid 567 by the owner of the vessel or, if the vessel is leased or 568 rented, by the person leasing or renting the vessel, unless the 569 impoundment or immobilization order is dismissed. 570 (h)The person who owns a vessel that is impounded or 571 immobilized under this paragraph, or a person who has a lien of 572 record against such a vessel and who has not requested a review 573 of the impoundment pursuant to paragraph (e) or paragraph (f), 574 may, within 10 days after the date that person has knowledge of 575 the location of the vessel, file a complaint in the county in 576 which the owner resides to determine whether the vessel was 577 wrongfully taken or withheld from the owner or lienholder. Upon 578 the filing of a complaint, the owner or lienholder may have the 579 vessel released by posting with the court a bond or other 580 adequate security equal to the amount of the costs and fees for 581 impoundment or immobilization, including towing or storage, to 582 ensure the payment of the costs and fees if the owner or 583 lienholder does not prevail. When the bond is posted and the fee 584 is paid as set forth in s. 28.24, the clerk of the court shall 585 issue a certificate releasing the vessel. At the time of 586 release, after reasonable inspection, the owner or lienholder 587 must give a receipt to the towing or storage company indicating 588 any loss or damage to the vessel or to the contents of the 589 vessel. 590 (i)A defendant, in the courts discretion, may be required 591 to serve all or any portion of a term of imprisonment to which 592 the defendant has been sentenced pursuant to this section in a 593 residential alcoholism treatment program or a residential drug 594 abuse treatment program. Any time spent in such a program must 595 be credited by the court toward the term of imprisonment. 596 597 For the purposes of this section, any conviction for a violation 598 of s. 316.193, a previous conviction for the violation of former 599 s. 316.1931, former s. 860.01, or former s. 316.028, or a 600 previous conviction outside this state for driving under the 601 influence, driving while intoxicated, driving with an unlawful 602 blood-alcohol level, driving with an unlawful breath-alcohol 603 level, or any other similar alcohol-related or drug-related 604 traffic offense, is also considered a previous conviction for 605 violation of this section. 606 (10)Notwithstanding any sentence or fine imposed by law or 607 the court, a person convicted of violating subsection (1) and 608 one or more additional criminal violations under this chapter, 609 whether arising from the same incident or incidents occurring 610 within the preceding 12 months, must maintain an insurance 611 policy insuring against loss from liability for bodily injury, 612 death, and property damage arising out of the ownership, 613 maintenance, or use of a vessel. Such insurance policy must 614 contain limits of not less than $100,000 for bodily injury 615 liability or death and $50,000 for property damage. A person who 616 operates a vessel without such insurance policy commits a 617 misdemeanor of the second degree, punishable as provided in s. 618 775.082 or s. 775.083. 619 Section 7.Effective October 1, 2026, paragraph (a) of 620 subsection (1) of section 327.352, Florida Statutes, is amended 621 to read: 622 327.352Tests for alcohol, chemical substances, or 623 controlled substances; implied consent; refusal. 624 (1)(a)1.The Legislature declares that the operation of a 625 vessel is a privilege that must be exercised in a reasonable 626 manner. In order to protect the public health and safety, it is 627 essential that a lawful and effective means of reducing the 628 incidence of boating while impaired or intoxicated be 629 established. Therefore, a person who accepts the privilege 630 extended by the laws of this state of operating a vessel within 631 this state is, by operating such vessel, deemed to have given 632 his or her consent to submit to an approved chemical test or 633 physical test including, but not limited to, an infrared light 634 test of his or her breath for the purpose of determining the 635 alcoholic content of his or her blood or breath if the person is 636 lawfully arrested for any offense allegedly committed while the 637 person was operating a vessel while under the influence of 638 alcoholic beverages. The chemical or physical breath test must 639 be incidental to a lawful arrest and administered at the request 640 of a law enforcement officer who has reasonable cause to believe 641 such person was operating the vessel within this state while 642 under the influence of alcoholic beverages. The administration 643 of a breath test does not preclude the administration of another 644 type of test. The person must shall be told that his or her 645 failure to submit to a any lawful test of his or her breath 646 under this chapter will result in a suspension of the persons 647 privilege to operate a vessel for a period of 1 year for a first 648 refusal or for a period of 18 months if his or her privilege to 649 operate a vessel has been previously suspended or if he or she 650 has been fined for a prior refusal to submit to a lawful test of 651 his or her breath, urine, or blood as required under this 652 chapter or chapter 316. The person must also be told civil 653 penalty of $500, and that if he or she refuses to submit to a 654 lawful test of his or her breath and he or she has been 655 previously fined under s. 327.35215 or his or her driving 656 privilege has been previously suspended for refusal to submit to 657 any lawful test of his or her breath, urine, or blood, under 658 this chapter or chapter 316, he or she commits a misdemeanor of 659 the first degree, punishable as provided in s. 775.082 or s. 660 775.083, in addition to any other penalties provided by law. The 661 refusal to submit to a chemical or physical breath test upon the 662 request of a law enforcement officer as provided in this section 663 is admissible into evidence in any criminal proceeding. 664 2.A person who accepts the privilege extended by the laws 665 of this state of operating a vessel within this state is, by 666 operating such vessel, deemed to have given his or her consent 667 to submit to a urine test for the purpose of detecting the 668 presence of chemical substances as set forth in s. 877.111 or 669 controlled substances if the person is lawfully arrested for any 670 offense allegedly committed while the person was operating a 671 vessel while under the influence of chemical substances or 672 controlled substances. The urine test must be incidental to a 673 lawful arrest and administered at a detention facility or any 674 other facility, mobile or otherwise, which is equipped to 675 administer such tests at the request of a law enforcement 676 officer who has reasonable cause to believe such person was 677 operating a vessel within this state while under the influence 678 of chemical substances or controlled substances. The urine test 679 must be administered at a detention facility or any other 680 facility, mobile or otherwise, which is equipped to administer 681 such test in a reasonable manner that will ensure the accuracy 682 of the specimen and maintain the privacy of the individual 683 involved. The administration of a urine test does not preclude 684 the administration of another type of test. The person must 685 shall be told that his or her failure to submit to a any lawful 686 test of his or her urine under this chapter will result in 687 suspension of the persons privilege to operate a vessel for a 688 period of 1 year for the first refusal, or for a period of 18 689 months if his or her privilege to operate a vessel or to operate 690 a vehicle has been previously suspended under s. 327.35215 or 691 chapter 316. The person must also be told a civil penalty of 692 $500, and that if he or she refuses to submit to a lawful test 693 of his or her urine and he or she has been previously fined 694 under s. 327.35215 or his or her driving privilege has been 695 previously suspended for refusal to submit to any lawful test of 696 his or her breath, urine, or blood, he or she commits a 697 misdemeanor of the first degree, punishable as provided in s. 698 775.082 or s. 775.083, in addition to any other penalties 699 provided by law. The refusal to submit to a urine test upon the 700 request of a law enforcement officer as provided in this section 701 is admissible into evidence in any criminal proceeding. 702 Section 8.Subsections (1), (2), and (4) of section 703 327.395, Florida Statutes, are amended to read: 704 327.395Boating safety education. 705 (1)Effective July 1, 2027, a person operating born on or 706 after January 1, 1988, may not operate a vessel powered by a 707 motor of 10 horsepower or greater must have unless such person 708 has in his or her possession aboard the vessel the documents 709 required by subsection (2). 710 (2)While operating a vessel, a person identified under 711 subsection (1) must have in his or her possession aboard the 712 vessel photographic identification and a Florida boating safety 713 identification card issued by the commission; a state-issued 714 identification card or driver license indicating possession of 715 the Florida boating safety identification card; or photographic 716 identification and a temporary certificate issued or approved by 717 the commission, an International Certificate of Competency, a 718 boating safety card or certificate from another state or United 719 States territory, or a Canadian Pleasure Craft Operator Card, 720 which shows that he or she has done one of the following: 721 (a)Completed a commission-approved boating safety 722 education course that meets the minimum requirements established 723 by the National Association of State Boating Law 724 Administrators.; 725 (b)Passed a temporary certificate examination developed or 726 approved by the commission.; 727 (c)Obtained a valid International Certificate of 728 Competency.; or 729 (d)Completed a boating safety education course or 730 equivalency examination in another state, a United States 731 territory, or Canada which meets or exceeds the minimum 732 requirements established by the National Association of State 733 Boating Law Administrators. 734 (4)A commission-approved boating safety education course 735 or temporary certificate examination developed or approved by 736 the commission must include components regarding all of the 737 following: 738 (a)Diving vessels, awareness of divers in the water, 739 divers-down warning devices, and the requirements of s. 327.331. 740 (b)The danger associated with: 741 1.A passenger riding on a seat back, gunwale, transom, 742 bow, motor cover, or any other vessel area not designed and 743 designated by the manufacturer for seating. 744 2.A passenger falling overboard. 745 3.Operating a vessel with a person in the water near the 746 vessel. 747 4.Starting a vessel with the engine in gear. 748 5.Leaving the vessel running when a passenger is boarding 749 or disembarking. 750 6.Boating under the influence in violation of s. 327.35. 751 (c)The proper use and lifesaving benefits of an engine 752 cutoff switch for motorboats and personal watercraft. 753 (d)Human trafficking awareness. 754 755 The commission must include the components under this subsection 756 in boating safety education campaigns and in educational 757 materials produced by the commission, as appropriate. 758 Section 9.Section 327.731, Florida Statutes, is amended to 759 read: 760 327.731Mandatory education for violators. 761 (1)A person convicted of a criminal violation under this 762 chapter, convicted of a noncriminal infraction under this 763 chapter if the infraction resulted in a reportable boating 764 accident, or convicted of a two noncriminal infraction 765 infractions as specified in s. 327.73(1)(h)-(k), (m), (o), (p), 766 or and (s)-(y), the infractions occurring within a 12-month 767 period, must do all of the following: 768 (a)Enroll in, attend, and successfully complete, at his or 769 her own expense, one of the following courses, as applicable: 770 1.For a person convicted of any two noncriminal 771 infractions within a 24-month period, the boating safety 772 education course provided for in s. 327.395. 773 2.For a person convicted of a criminal violation, of a 774 noncriminal infraction under this chapter if the infraction 775 resulted in a reportable boating accident, or of three or more 776 noncriminal infractions within a 36-month period, the boating 777 safety education course provided for in s. 327.395 and a 4-hour 778 course that includes information regarding all of the following: 779 a.The boating laws of this state. 780 b.Causes and prevention of boating accidents. 781 c.The importance of wearing personal flotation devices. 782 d.The use of common sense and common courtesy while 783 operating a vessel. 784 e.How to operate a vessel defensively. a classroom or 785 online boating safety course that is approved by and meets the 786 minimum standards established by commission rule; 787 (b)File with the commission within 90 days proof of 788 successful completion of the course.; 789 (c)Refrain from operating a vessel until he or she has 790 filed proof of successful completion of the course with the 791 commission.; and 792 (d)Pay a fine of $500. The clerk of the court shall remit 793 all fines assessed and collected under this paragraph to the 794 Department of Revenue to be deposited into the Marine Resources 795 Conservation Trust Fund to support law enforcement activities. 796 (2)As used in For the purposes of this section, the terms 797 convicted and conviction mean means a finding of guilt, or 798 the acceptance of a plea of guilty or nolo contendere, 799 regardless of whether or not adjudication was withheld or 800 whether imposition of sentence was withheld, deferred, or 801 suspended. A Any person who operates a vessel on the waters of 802 this state in violation of the provisions of this section 803 commits is guilty of a misdemeanor of the second degree, 804 punishable as provided in s. 775.082 or s. 775.083. 805 (3)The commission shall print on the reverse side of the 806 defendants copy of the boating citation a notice of the 807 provisions of this section. Upon conviction, the clerk of the 808 court shall notify the defendant that it is unlawful for him or 809 her to operate any vessel until he or she has complied with this 810 section, but failure of the clerk of the court to provide such a 811 notice is shall not be a defense to a charge of unlawful 812 operation of a vessel under subsection (2). 813 (4)The commission shall: 814 (a)Maintain a program to ensure compliance with the 815 mandatory boating safety education requirements under this 816 section. This program must: 817 1.(a)Track any citations resulting in a conviction under 818 this section and the disposition of such citations; and. 819 2.(b)Send specific notices to each person subject to the 820 requirement for mandatory boating safety education. 821 (b)Adopt rules necessary to implement this section. 822 Section 10.Section 782.072, Florida Statutes, is amended 823 to read: 824 782.072Vessel homicide.Vessel homicide is the killing 825 of a human being, or the killing of an unborn child by causing 826 injury to the mother, by the operation of a vessel as defined in 827 s. 327.02 by another in a reckless manner likely to cause the 828 death of, or great bodily harm to, another. As used in this 829 section, the term unborn child has the same meaning as in s. 830 775.021(5)(e). Vessel homicide is: 831 (1)A felony of the second degree, punishable as provided 832 in s. 775.082, s. 775.083, or s. 775.084. 833 (2)A felony of the first degree, punishable as provided in 834 s. 775.082, s. 775.083, or s. 775.084, if: 835 (a)At the time of the accident, the person knew, or should 836 have known, that the accident occurred; and 837 (b)The person failed to give information and render aid as 838 required by s. 327.30(1). 839 840 This subsection does not require that the person knew that the 841 accident resulted in injury or death. 842 Section 11.Effective October 1, 2026, paragraph (c) of 843 subsection (2) of section 119.0712, Florida Statutes, is amended 844 to read: 845 119.0712Executive branch agency-specific exemptions from 846 inspection or copying of public records. 847 (2)DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES. 848 (c)E-mail addresses collected by the Department of Highway 849 Safety and Motor Vehicles pursuant to s. 319.40(3), s. 850 320.95(2), or s. 322.08(11) s. 322.08(10) are exempt from s. 851 119.07(1) and s. 24(a), Art. I of the State Constitution. This 852 exemption applies retroactively. 853 Section 12.Paragraph (a) of subsection (3) of section 854 327.70, Florida Statutes, is amended to read: 855 327.70Enforcement of this chapter and chapter 328. 856 (3)(a)Noncriminal violations of the following statutes may 857 be enforced by a uniform boating citation mailed to the 858 registered owner of an unattended vessel anchored, aground, or 859 moored on the waters of this state: 860 1.Section 327.33(4)(b) 327.33(3)(b), relating to 861 navigation rules. 862 2.Section 327.44, relating to interference with 863 navigation. 864 3.Section 327.50(2), relating to required lights and 865 shapes. 866 4.Section 327.53, relating to marine sanitation. 867 5.Section 328.48(5), relating to display of decal. 868 6.Section 328.52(2), relating to display of number. 869 7.Section 327.4107, relating to vessels at risk of 870 becoming derelict. 871 8.Section 327.4109, relating to prohibited anchoring or 872 mooring. 873 Section 13.Paragraph (o) of subsection (1) of section 874 327.73, Florida Statutes, is amended to read: 875 327.73Noncriminal infractions. 876 (1)Violations of the following provisions of the vessel 877 laws of this state are noncriminal infractions: 878 (o)Section 327.33(4)(b) 327.33(3)(b), relating to a 879 violation of navigation rules: 880 1.That does not result in an accident; or 881 2.That results in an accident not causing serious bodily 882 injury or death, for which the penalty is: 883 a.For a first offense, up to a maximum of $500. 884 b.For a second offense, up to a maximum of $1,000. 885 c.For a third or subsequent offense, up to a maximum of 886 $1,500. 887 888 Any person cited for a violation of this subsection shall be 889 deemed to be charged with a noncriminal infraction, shall be 890 cited for such an infraction, and shall be cited to appear 891 before the county court. The civil penalty for any such 892 infraction is $100, except as otherwise provided in this 893 section. Any person who fails to appear or otherwise properly 894 respond to a uniform boating citation, in addition to the charge 895 relating to the violation of the boating laws of this state, 896 must be charged with the offense of failing to respond to such 897 citation and, upon conviction, be guilty of a misdemeanor of the 898 second degree, punishable as provided in s. 775.082 or s. 899 775.083. A written warning to this effect shall be provided at 900 the time such uniform boating citation is issued. 901 Section 14.For the purpose of incorporating the amendment 902 made by this act to section 327.395, Florida Statutes, in 903 references thereto, subsection (4) of section 327.54, Florida 904 Statutes, is reenacted to read: 905 327.54Liveries; safety regulations; penalty. 906 (4)A livery may not knowingly lease or rent a vessel to a 907 person who is required to comply with s. 327.395 unless such 908 person presents to the livery the documentation required by s. 909 327.395(2) for the operation of a vessel or meets the exemption 910 provided under s. 327.395(6)(f). 911 Section 15.Except as otherwise expressly provided in this 912 act, this act shall take effect July 1, 2025.