(1) Violations of the following provisions of the vessel laws of this state are noncriminal infractions:
(a) Section 328.46, relating to operation of unregistered and unnumbered vessels.
(b) Section 328.48(4), relating to display of number and possession of registration certificate.
(c) Section 328.48(5), relating to display of decal.
(d) Section 328.52(2), relating to display of number.
(e) Section 328.54, relating to spacing of digits and letters of identification number.
(f) Section 328.60, relating to military personnel and registration of vessels.
(g) Section 328.72(13), relating to operation with an expired registration, for which the penalty is:
1. For a first or subsequent offense of s. 328.72(13)(a), up to a maximum of $100.
2. For a first offense of s. 328.72(13)(b), up to a maximum of $250.
3. For a second or subsequent offense of s. 328.72(13)(b), up to a maximum of $500. A person cited for a noncriminal infraction under this subparagraph may not have the provisions of paragraph (4)(a) available to him or her but must appear before the designated official at the time and location of the scheduled hearing.
(h) Section 327.33(2), relating to careless operation.
(i) Section 327.37, relating to water skiing, aquaplaning, parasailing, and similar activities.
(j) Section 327.44, relating to interference with navigation.
(k) Violations relating to boating-restricted areas and speed limits:
1. Established by the commission or by local governmental authorities pursuant to s. 327.46.
2. Speed limits established pursuant to s. 379.2431(2).
(l) Section 327.48, relating to regattas and races.
(m) Section 327.50(1) and (2), relating to required safety equipment, lights, and shapes.
(o) Section 327.33(3)(b), relating to a violation of navigation rules:
1. That does not result in an accident; or
2. That results in an accident not causing serious bodily injury or death, for which the penalty is:
a. For a first offense, up to a maximum of $500.
b. For a second offense, up to a maximum of $1,000.
c. For a third or subsequent offense, up to a maximum of $1,500.
(p) Section 327.39(1), (2), (3), and (5), relating to personal watercraft.
(q) Section 327.53(1), (2), (3), and (8), relating to marine sanitation.
(r) Section 327.53(4), (5), and (7), relating to marine sanitation, and s. 327.60, relating to no-discharge zones, for which the civil penalty is $250.
(s) Section 327.395, relating to boater safety education. However, a person cited for violating the requirements of s. 327.395 relating to failure to have required proof of boating safety education in his or her possession may not be convicted if, before or at the time of a county court hearing, the person produces proof of the boating safety education identification card or temporary certificate for verification by the hearing officer or the court clerk and the identification card or temporary certificate was valid at the time the person was cited.
(t) Section 327.52(3), relating to operation of overloaded or overpowered vessels.
(u) Section 327.331, relating to divers-down warning devices, except for violations meeting the requirements of s. 327.33.
(v) Section 327.391(1), relating to the requirement for an adequate muffler on an airboat.
(w) Section 327.391(3), relating to the display of a flag on an airboat.
(x) Section 253.04(3)(a), relating to carelessly causing seagrass scarring, for which the civil penalty upon conviction is:
1. For a first offense, $100.
2. For a second offense occurring within 12 months after a prior conviction, $250.
3. For a third offense occurring within 36 months after a prior conviction, $500.
4. For a fourth or subsequent offense occurring within 72 months after a prior conviction, $1,000.
(y) Section 327.45, relating to protection zones for springs, for which the penalty is:
1. For a first offense, $100.
2. For a second offense occurring within 12 months after a prior conviction, $250.
3. For a third offense occurring within 36 months after a prior conviction, $500.
4. For a fourth or subsequent offense occurring within 72 months after a prior conviction, $1,000.
(z) Section 327.4108, relating to the anchoring of vessels in anchoring limitation areas, for which the penalty is:
1. For a first offense, up to a maximum of $100.
2. For a second offense, up to a maximum of $250.
3. For a third or subsequent offense, up to a maximum of $500.
(aa) Section 327.4107, relating to vessels at risk of becoming derelict on waters of this state, for which the civil penalty is:
1. For a first offense, $100.
2. For a second offense occurring 30 days or more after a first offense, $250.
3. For a third or subsequent offense occurring 30 days or more after a previous offense, $500.
A vessel that is the subject of three or more violations of s. 327.4107(2) which occur within a 24-month period and which result in dispositions other than acquittal or dismissal must be declared a public nuisance and subject to ss. 705.103(2) and (4) and 823.11(3). For purposes of this paragraph, failure to appear at a hearing or failure to pay the civil penalty constitutes a disposition other than acquittal or dismissal unless such failure to appear or such nonpayment is excused or set aside by the court for good cause shown. The commission, an officer of the commission, or a law enforcement agency or officer specified in s. 327.70 may relocate, remove, or cause to be relocated or removed such public nuisance vessels from waters of this state. The commission, an officer of the commission, or a law enforcement agency or officer acting pursuant to this paragraph upon waters of this state shall be held harmless for all damages to the vessel resulting from such relocation or removal unless the damage results from gross negligence or willful misconduct as these terms are defined in s. 823.11.
(bb) Section 327.4109, relating to anchoring or mooring in a prohibited area, for which the penalty is:
1. For a first offense, up to a maximum of $100.
2. For a second offense, up to a maximum of $250.
3. For a third or subsequent offense, up to a maximum of $500.
(cc) Section 327.463(4)(a) and (b), relating to vessels creating special hazards, for which the penalty is:
1. For a first offense, $100.
2. For a second offense occurring within 12 months after a prior offense, $250.
3. For a third offense occurring within 36 months after a prior offense, $500.
(dd) Section 327.371, relating to the regulation of human-powered vessels.
(ee) Section 328.03, relating to an improper transfer of title, for which the penalty is up to a maximum of $500.
(ff) Section 328.48(9), relating to the failure to update vessel registration information, for which the penalty is up to a maximum of $500.
(gg) Section 327.4111, relating to long-term anchoring, for which the penalty is:
1. For a first offense, up to a maximum of $100.
2. For a second offense, up to a maximum of $250.
3. For a third or subsequent offense, up to a maximum of $500.
A vessel that is the subject of three or more violations of s. 327.4111 that occur within a 24-month period and that result in dispositions other than acquittal or dismissal must be declared a public nuisance and subject to ss. 705.103(2) and (4) and 823.11(3). For purposes of this paragraph, failure to appear at a hearing or failure to pay the civil penalty required by s. 327.72 constitutes a disposition other than acquittal or dismissal, unless such failure to appear or such nonpayment is excused or set aside by the court for good cause shown. The commission, an officer of the commission, or a law enforcement agency or officer specified in s. 327.70 may relocate, remove, or cause to be relocated or removed such public nuisance vessels from waters of this state. The commission, an officer of the commission, or a law enforcement agency or officer acting pursuant to this paragraph shall be held harmless for all damages to the vessel resulting from such relocation or removal unless the damage results from gross negligence or willful misconduct as those terms are defined in s. 823.11.
A person cited for a violation of this subsection is deemed to be charged with a noncriminal infraction, must be cited for such an infraction, and must be cited to appear before the county court. The civil penalty for any such infraction is $100, except as otherwise provided in this section. A person who fails to appear or otherwise properly respond to a uniform boating citation, in addition to the charge relating to the violation of the boating laws of this state, must 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 must 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 30 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 noncriminal 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. If a person who is cited for a violation of s. 327.395 can show a boating safety identification card issued to that person and valid at the time of the citation, the clerk of the court may dismiss the case and may assess a dismissal fee of up to $10, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund. If a person who is cited for a violation of s. 328.72(13) can show proof of having a registration for that vessel which was valid at the time of the citation, the clerk may dismiss the case and may assess the dismissal fee, from which the clerk shall remit $2.50 to the Department of Revenue for deposit into the General Revenue Fund.
(5) Any person electing to appear before the county court or who is required so to appear shall be deemed to have waived the limitations on the civil penalty 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 or a higher amount as specified in subsection (1).
(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.
(8) All fees and civil penalties assessed and collected pursuant to this section shall be remitted by the clerk of the court to the Department of Revenue to be deposited into the Marine Resources Conservation Trust Fund for boating safety education or law enforcement purposes.
(9)(a) Any person who fails to comply with the court’s requirements or who fails to pay the civil penalties specified in this section within the 30-day period provided for in s. 327.72 must pay an additional court cost of up to $20, which shall be used by the clerks of the courts to defray the costs of tracking unpaid uniform boating citations, from which the clerk shall remit $2 to the Department of Revenue for deposit into the General Revenue Fund.
(b) Any person who fails to comply with the court’s requirements as to civil penalties specified in this section due to demonstrated financial hardship shall be authorized to satisfy such civil penalties by public works or community service. Each hour of such service shall be applied, at the rate of the minimum wage, toward payment of the person’s civil penalties; provided, however, that if the person has a trade or profession for which there is a community service need and application, the rate for each hour of such service shall be the average standard wage for such trade or profession. Any person who fails to comply with the court’s requirements as to such civil penalties who does not demonstrate financial hardship may also, at the discretion of the court, be authorized to satisfy such civil penalties by public works or community service in the same manner.
(c) If the noncriminal infraction has caused or resulted in the death of another, the court may require the person who committed the infraction to perform 120 community service hours in addition to any other penalties.
(10) Any person cited for any noncriminal infraction which results in an accident that causes the death of another, or which results in an accident that causes “serious bodily injury” of another as defined in s. 327.353(1), shall not have the provisions of subsection (4) available to him or her but must appear before the designated official at the time and location of the scheduled hearing.
(11)(a) Court costs that are to be in addition to the stated civil penalty shall be imposed by the court in an amount not less than the following:
1. For swimming or diving infractions, $4, from which the clerk shall remit $1 to the Department of Revenue for deposit into the General Revenue Fund.
2. For nonmoving boating infractions, $18, from which the clerk shall remit $12 to the Department of Revenue for deposit into the General Revenue Fund.
3. For boating infractions listed in s. 327.731, $35, from which the clerk shall remit $25 to the Department of Revenue for deposit into the General Revenue Fund.
(b) In addition to the court cost assessed under paragraph (a), the court shall impose a $3 court cost for each noncriminal infraction, to be distributed as provided in s. 938.01, and a $2 court cost as provided in s. 938.15 when assessed by a municipality or county.
Court costs imposed under this subsection may not exceed $45. A criminal justice selection center or both local criminal justice access and assessment centers may be funded from these court costs.
Cited 2 times | Published | Florida 2nd District Court of Appeal | 1995 WL 621536
...It does not impede or purport to preclude the ability of the department to designate the same area as restricted for additional purposes. Recognition of the concurrent authority of both the state and local governments to establish restricted areas is also found in section 327.73, Florida Statutes (1993), enumerating those infractions that are deemed noncriminal: (1) Violations of the following provisions of the boating laws of this state are noncriminal infractions: ......
...nforce 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." Thus, the ordinance itself does not contemplate its enforcement by volunteers. 4 In addition, section 327.73 , Florida Statutes, addresses noncriminal infractions. Section 327.73 (1) states in pertinent part that violations of the following provisions of the vessel laws of this state are noncriminal infractions: "(k) Violations relating to restricted areas and speed limits: * * * 2....
...rvision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency." 5 Section 327.73 (1), Fla....
...cted for violation of a state penal or criminal statute. Municipalities and counties may assess an additional $2.00, "as aforesaid," for purposes specified in s. 943.25 (7)(a). The question presented is whether a noncriminal boating infraction under s. 327.73 , F.S. (1986 Supp.), constitutes a state penal or criminal statute which is subject to the additional assessments provided by s. 943.25 , F.S. (1986 Supp.) Section 327.73 (a), F.S....
...shall be cited for such an infraction, and shall be cited to appear before the county court. The civil penalty for any such infraction is $35, except as otherwise provided in this section. Any person cited for a noncriminal boating infraction under s. 327.73 may post a bond in an amount equal to the applicable civil penalty, or sign and accept a citation indicating a promise to appear. Section 327.73 (2). Any person charged with a noncriminal infraction under s. 327.73 who signs and accepts a citation may pay the applicable civil penalty within 10 days of the date of receiving the citation, or appear before the county court for a hearing. If a person elects to pay the civil penalty or to forfeit the bond, "he shall be deemed to have admitted the infraction and to have waived his right to a hearing on the issue of commission of the infraction." Section 327.73 (4). Any person who elects to appear before the county court waives the limitations of the applicable civil penalty and the court may impose a civil penalty up to $500 upon a determination that an infraction has been committed. Section 327.73 (5)....
...943.25 (4), F.S., was amended by s. 11, Ch. 86-154, Laws of Florida, which added the following language: "However, the aforesaid assessment shall not be imposed in addition to civil penalties provided in s. 318.18 ." Based upon this analysis it would appear that s. 327.73 , F.S....
...(1986 Supp.), is a state penal statute, which, unless expressly exempted by the Legislature, would be subject to the additional assessments required by s. 943.25 , F.S. (1986 Supp.). I am therefore of the opinion that boating violations under the provisions enumerated in s. 327.73 , F.S., are subject to the assessment for court costs and the $2.00 assessment for law enforcement training programs pursuant to s....
This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.
