Florida Senate - 2025 CS for CS for SB 628 By the Committees on Transportation; and Criminal Justice; and Senator Martin 596-02312-25 2025628c2 1 A bill to be entitled 2 An act relating to boating safety; providing a short 3 title; amending s. 327.02, F.S.; revising the 4 definition of the term livery vessel; amending s. 5 327.30, F.S.; revising and providing penalties for 6 vessel collisions, accidents, and casualties; amending 7 s. 327.33, F.S.; revising and providing penalties for 8 reckless or careless operation of a vessel; creating 9 s. 327.35105, F.S.; requiring the suspension of driver 10 licenses for boating under the influence and reckless 11 or careless operation of a vessel; amending s. 327.54, 12 F.S.; revising the definition of the term livery; 13 amending s. 327.731, F.S.; requiring a person 14 convicted of a certain criminal violation or certain 15 noncriminal infractions within a specified period to 16 complete a boater safety education course; amending s. 17 782.072, F.S.; defining the term unborn child; 18 revising the definition of the term vessel homicide; 19 providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23 Section 1.This act may be cited as Lucys Law. 24 Section 2.Subsection (24) of section 327.02, Florida 25 Statutes, is amended to read: 26 327.02Definitions.As used in this chapter and in chapter 27 328, unless the context clearly requires a different meaning, 28 the term: 29 (24)Livery vessel means a leased or rented vessel 30 leased, rented, or chartered to another for consideration. 31 Section 3.Subsection (5) of section 327.30, Florida 32 Statutes, is amended to read: 33 327.30Collisions, accidents, and casualties. 34 (5)It is unlawful for a person operating a vessel involved 35 in an accident or injury to leave the scene of the accident or 36 injury without giving all possible aid to all persons involved 37 and making a reasonable effort to locate the owner or persons 38 affected and subsequently complying with and notifying the 39 appropriate law enforcement official as required under this 40 section. 41 (a)If a Any person who violates this subsection and the 42 with respect to an accident results resulting in: 43 1.Property damage only, the person commits a misdemeanor 44 of the first degree, punishable as provided in s. 775.082 or s. 45 775.083. 46 2.Injury to a person other than serious bodily injury, the 47 person commits a felony of the third degree, punishable as 48 provided in s. 775.082, s. 775.083, or s. 775.084. 49 3.Serious bodily injury, the person commits a felony of 50 the second degree, punishable as provided in s. 775.082, s. 51 775.083, or s. 775.084. 52 4.The death of another person or an unborn child, the 53 person commits a felony of the first degree, punishable as 54 provided in s. 775.082, s. 775.083, or s. 775.084. 55 (b)If a person operating a vessel involved in an accident 56 that results in the death of another person or an unborn child 57 provides a false statement to an investigating law enforcement 58 officer, the person personal injury commits a felony of the 59 third degree, punishable as provided in s. 775.082 or s. 775.083 60 s. 775.082, s. 775.083, or s. 775.084. Any person who violates 61 this subsection with respect to an accident resulting in 62 property damage only commits a misdemeanor of the second degree, 63 punishable as provided in s. 775.082 or s. 775.083. 64 Section 4.Subsection (1) of section 327.33, Florida 65 Statutes, is amended to read: 66 327.33Reckless or careless operation of vessel. 67 (1)It is unlawful to operate a vessel in a reckless 68 manner. A person who operates any vessel, or manipulates any 69 water skis, aquaplane, or similar device, in willful or wanton 70 disregard for the safety of persons or property at a speed or in 71 a manner as to endanger, or likely to endanger, life or limb, or 72 damage the property of, or injure a person is guilty of reckless 73 operation of a vessel. Reckless operation of a vessel includes, 74 but is not limited to, a violation of s. 327.331(6). If a person 75 who violates this subsection and the violation: 76 (a)Does not result in an accident, the person commits a 77 misdemeanor of the first degree, punishable as provided in s. 78 775.082 or s. 775.083. 79 (b)Results in an accident that does not cause serious 80 bodily injury, the person commits a felony of the third degree, 81 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 82 (c)Results in an accident that causes serious bodily 83 injury, the person commits a felony of the second degree, 84 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 85 (d)Results in an accident that causes the death of another 86 person or an unborn child, the person commits a felony of the 87 first degree, punishable as provided in s. 775.082, s. 775.083, 88 or s. 775.084. 89 Section 5.Section 327.35105, Florida Statutes, is created 90 to read: 91 327.35105Additional penalty for boating under the 92 influence or reckless or careless operation of vessel.The 93 driver license of a person who is convicted of a violation of s. 94 327.33 or s. 327.35 must be suspended until all orders of the 95 court have been satisfied. 96 Section 6.Paragraph (c) of subsection (1) of section 97 327.54, Florida Statutes, is amended to read: 98 327.54Liveries; safety regulations; penalty. 99 (1)As used in this section, the term: 100 (c)Livery means a person who advertises and offers a 101 livery vessel for use by another in exchange for any type of 102 consideration when such person does not also provide or does not 103 require the lessee or renter to provide as a condition of the 104 rental or lease agreement a person licensed by the United States 105 Coast Guard to serve as master of the vessel or to with a 106 captain, a crew, or any type of staff or personnel to operate, 107 oversee, maintain, or manage the vessel. The owner of a vessel 108 who does not advertise his or her vessel for use by another for 109 consideration and who loans or offers his or her vessel for use 110 to another known to him or her either for consideration or 111 without consideration is not a livery. A public or private 112 school or postsecondary institution located within this state is 113 not a livery. A vessel rented or leased by a livery is a livery 114 vessel as defined in s. 327.02. 115 Section 7.Present subsections (2), (3), and (4) of section 116 327.731, Florida Statutes, are redesignated as subsections (3), 117 (4), and (5), respectively, a new subsection (2) is added to 118 that section, and subsection (1) and present subsection (3) of 119 that section are amended, to read: 120 327.731Mandatory education for violators. 121 (1)A person convicted of a criminal violation under this 122 chapter, convicted of a noncriminal infraction under this 123 chapter if the infraction resulted in a reportable boating 124 accident, or convicted of a two noncriminal infractions 125 infraction as specified in s. 327.73(1)(h)-(k), (m), (o), (p), 126 and (s)-(y), the infractions occurring within a 12-month period, 127 must: 128 (a)Enroll in, attend, and successfully complete, at his or 129 her own expense, a classroom or online boating safety course 130 that is approved by and meets the minimum standards established 131 by commission rule; 132 (b)File with the commission within 90 days proof of 133 successful completion of the course; and 134 (c)Refrain from operating a vessel until he or she has 135 filed proof of successful completion of the course with the 136 commission; and 137 (d)Pay a fine of $500. The clerk of the court shall remit 138 all fines assessed and collected under this paragraph to the 139 Department of Revenue to be deposited into the Marine Resources 140 Conservation Trust Fund to support law enforcement activities. 141 (2)A person convicted of a criminal violation under this 142 chapter, convicted of a noncriminal infraction under this 143 chapter if the infraction resulted in a reportable boating 144 accident, or convicted of two noncriminal infractions as 145 specified in s. 327.73(1)(h)-(k), (m), (o), (p), and (s)-(y), 146 occurring within a 12-month period, must pay a fine of $500 and 147 complete a boater safety education course that meets the 148 requirements of s. 327.395. The clerk of the court shall remit 149 all fines assessed and collected under this subsection to the 150 Department of Revenue to be deposited into the Marine Resources 151 Conservation Trust Fund to support law enforcement activities. 152 (4)(3)The commission shall print on the reverse side of 153 the defendants copy of the boating citation a notice of the 154 provisions of this section. Upon conviction, the clerk of the 155 court shall notify the defendant that it is unlawful for him or 156 her to operate any vessel until he or she has complied with this 157 section, but failure of the clerk of the court to provide such a 158 notice shall not be a defense to a charge of unlawful operation 159 of a vessel under subsection (3) (2). 160 Section 8.Section 782.072, Florida Statutes, is amended to 161 read: 162 782.072Vessel homicide. 163 (1)As used in this section, the term: 164 (a)Unborn child has the same meaning as in s. 165 775.021(5)(e). 166 (b)Vessel homicide means is the killing of a human 167 being, including the death of an unborn child caused by injury 168 to the mother, by the operation of a vessel as defined in s. 169 327.02 by another in a reckless manner likely to cause the death 170 of, or great bodily harm to, another. 171 (2)Vessel homicide is: 172 (a)(1)A felony of the second degree, punishable as 173 provided in s. 775.082, s. 775.083, or s. 775.084. 174 (b)(2)A felony of the first degree, punishable as provided 175 in s. 775.082, s. 775.083, or s. 775.084, if: 176 1.(a)At the time of the accident, the person knew, or 177 should have known, that the accident occurred; and 178 2.(b)The person failed to give information and render aid 179 as required by s. 327.30(1). 180 181 This subsection does not require that the person knew that the 182 accident resulted in injury or death. 183 Section 9.This act shall take effect July 1, 2025.