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HB 1447 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to boating safety; amending s. 2
322.051, F.S.; revising the conditions upon which the 3
Department of Highway Safety and Motor Vehicles must 4
include a certain symbol on identification cards; 5
requiring the department to issue original, renewal, 6
or replacement identification cards that include a 7
certain symbol in certain circumstances; requiring 8
that replacement identification cards be issued 9
without charging a specified fee under certain 10
circumstances; amending s. 322.08, F.S.; requiring 11
that applications for original, renewal, or 12
replacement driver licenses or identification cards 13
indicate whether the applicant has obtained a Florida 14
boating safety identification card and, if so, that a 15
copy of such card be submitted with the application; 16
authorizing the Fish and Wildlife Conservation 17
Commission to provide the department with certain 18
information relating to the applicant; amending s. 19
322.14, F.S.; revising the conditions upon which the 20
department must include a certain symbol on driver 21
licenses; requiring the department to issue original, 22
renewal, or replacement driver licenses with a certain 23
symbol to applicants if certain conditions are met; 24
requiring the department to include the symbol on such 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
licenses with no additional fee for the designation; 26
requiring the department to issue certain replacement 27
driver licenses without charging a specified fee; 28
amending s. 327.30, F.S.; revising the penalties for 29
persons operating a vessel involved in an accident 30
resulting in property damage or death of another 31
person who leave the scene of the accident under 32
certain circumstances; providing a mandatory minimum 33
sentence for a person who willfully commits such 34
violation resulting in the death of another while 35
boating under the influence (BUI); amending s. 327.33, 36
F.S.; defining the term "serious bodily injury"; 37
providing increased criminal penalties for violations 38
of navigation rules under certain circumstances; 39
amending s. 327.35, F.S.; making technical changes; 40
requiring courts to order the mandatory placement of 41
ignition interlock devices upon certain vehicles and 42
vessels leased or owned and routinely operated by 43
certain persons under certain circumstances; requiring 44
that such devices be installed at the convicted 45
person's sole expense for specified time periods for 46
varying offenses; providing a mandatory minimum term 47
of imprisonment for a person convicted of BUI 48
manslaughter; revising substance abuse education, 49
evaluation, and treatment requirements for certain 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
persons; requiring an agency conducting a substance 51
abuse course to notify the court and department of an 52
offender's failure to report to or complete such 53
treatment or education and evaluation; providing 54
requirements for the department upon the receipt of 55
such notice; authorizing the department to temporarily 56
reinstate the driving privilege under certain 57
circumstances; requiring waivers before organizations 58
conducting substance abuse education and evaluation 59
begin providing such treatment; providing 60
authorization and documentation requirements for such 61
waivers; requiring such organizations to submit 62
specified quarterly reports to the department; 63
authorizing the court to order a defendant to pay a 64
fine under certain circumstances; providing 65
restrictions for the total period of probation and 66
incarceration; requiring a person convicted of certain 67
BUI violations to maintain an insurance policy that 68
meets certain requirements; providing criminal 69
penalties for failure to maintain such insurance 70
policy; making technical changes; amending s. 327.352, 71
F.S.; revising penalties for a person operating a 72
vessel who fails to submit to a lawful test of his or 73
her breath or urine; amending s. 327.395, F.S.; 74
requiring that all persons, rather than only persons 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
born on or after a specified date, have specified 76
identification in their possession while operating a 77
vessel; revising the required components of the Fish 78
and Wildlife Conservation Commission's developed or 79
approved boating safety education course and temporary 80
certificate examination; amending s. 327.731, F.S.; 81
revising the mandatory education requirements for a 82
person convicted of certain violations; requiring the 83
commission to adopt rules; making technical changes; 84
amending s. 119.0712, F.S.; conforming a cross-85
reference; amending s. 921.0022, F.S.; ranking 86
offenses on the offense severity ranking chart of the 87
Criminal Punishment Code; conforming provisions to 88
changes made by the act; reenacting s. 327.54(4), 89
F.S., relating to liveries, to incorporate the 90
amendment made to s. 327.395, F.S., in references 91
thereto; providing effective dates. 92
93
Be It Enacted by the Legislature of the State of Florida: 94
95
Section 1. Effective October 1, 2027, paragraph (d) of 96
subsection (8) of section 322.051, Florida Statutes, is amended, 97
and paragraph (f) is added to that subsection, to read: 98
322.051 Identification cards.— 99
(8) 100
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(d) The department shall include symbols representing the 101
following on an identification card upon the payment of an 102
additional $1 fee by an applicant who meets the requirements of 103
subsection (1) and presents his or her: 104
1. Lifetime freshwater fishing license; 105
2. Lifetime saltwater fishing license; 106
3. Lifetime hunting license; or 107
4. Lifetime sportsman's license; or 108
5. Lifetime boater safety identification card. 109
110
A person may replace his or her identification card before its 111
expiration date with a card that includes his or her status as a 112
lifetime licensee or boater safety cardholder upon surrender of 113
his or her current identification card, payment of a $2 fee to 114
be deposited into the Highway Safety Operating Trust Fund, and 115
presentation of the person's lifetime license or card. If the 116
sole purpose of the replacement identification card is the 117
inclusion of the applicant's status as a lifetime licensee or 118
cardholder, the replacement identification card must be issued 119
without payment of the fee required in s. 322.21(1)(f)3.c. 120
(f) The department shall issue an original, renewal, or 121
replacement identification card, as applicable, which includes a 122
symbol representing a lifetime boater safety identification card 123
upon the applicant's presentation of his or her Florida boating 124
safety identification card or shall provide a receipt of 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
confirmation by the Fish and Wildlife Conservation Commission 126
that the applicant was issued a Florida boating safety 127
identification card. The department shall include the lifetime 128
boater safety identification card symbol on an original, 129
renewal, or replacement identification card with no additional 130
fee to the applicant for the designation. If the sole purpose of 131
a replacement identification card is the inclusion of the 132
applicant's status as a lifetime boater safety cardholder, the 133
replacement identification card must be issued without payment 134
of the fee required by s. 322.21(1)(f). 135
Section 2. Effective October 1, 2027, present subsections 136
(5) through (10) of section 322.08, Florida Statutes, are 137
redesignated as subsections (6) through (11), respectively, and 138
a new subsection (5) is added to that section, to read: 139
322.08 Application for license; requirements for license 140
and identification card forms.— 141
(5) Each such application must indicate whether the 142
applicant has obtained a Florida boating safety identification 143
card pursuant to s. 327.395, and, if so, a copy of such card 144
must be submitted with the application. For purposes of 145
administering this subsection, the Fish and Wildlife 146
Conservation Commission may provide to the department any record 147
documenting the applicant's completion of a boating safety 148
education course meeting the requirements of s. 327.395 or 149
issuance of a Florida boating safety identification card. 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 3. Effective October 1, 2027, paragraph (e) of 151
subsection (1) of section 322.14, Florida Statutes, is amended, 152
and paragraph (g) is added to that subsection, to read: 153
322.14 Licenses issued to drivers.— 154
(1) 155
(e) The department shall include symbols representing the 156
following on a driver license upon the payment of an additional 157
$1 fee by an applicant who meets the requirements of s. 322.08 158
and presents his or her: 159
1. Lifetime freshwater fishing license; 160
2. Lifetime saltwater fishing license; 161
3. Lifetime hunting license; or 162
4. Lifetime sportsman's license; or 163
5. Lifetime boater safety identification card. 164
165
A person may replace his or her driver license before its 166
expiration date with a license that includes his or her status 167
as a lifetime licensee or boater safety cardholder upon 168
surrender of his or her current driver license, payment of a $2 169
fee to be deposited into the Highway Safety Operating Trust 170
Fund, and presentation of the person's lifetime license or 171
identification card. If the sole purpose of the replacement 172
driver license is the inclusion of the applicant's status as a 173
lifetime licensee or cardholder, the replacement driver license 174
must be issued without payment of the fee required in s. 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
322.21(1)(e). 176
(g) The department shall issue an original, renewal, or 177
replacement driver license, as applicable, which includes a 178
symbol representing a lifetime boater safety identification card 179
upon the applicant's presentation of his or her Florida boating 180
safety identification card or a receipt of confirmation by the 181
Fish and Wildlife Conservation Commission that the applicant has 182
been issued a Florida boating safety identification card. The 183
department shall include the lifetime boater safety 184
identification card symbol on an original, renewal, or 185
replacement driver license with no additional fee to the 186
applicant for the designation. If the sole purpose of a 187
replacement driver license is the inclusion of the applicant's 188
status as a lifetime boater safety cardholder, the replacement 189
driver license must be issued without payment of the fee 190
required by s. 322.21(1)(e). 191
Section 4. Paragraphs (a) and (b) of subsection (5) of 192
section 327.30, Florida Statutes, are amended to read: 193
327.30 Collisions, accidents, and casualties.— 194
(5) It is unlawful for a person operating a vessel 195
involved in an accident or injury to leave the scene of the 196
accident or injury without giving all possible aid to all 197
persons involved and making a reasonable effort to locate the 198
owner or persons affected and subsequently complying with and 199
notifying the appropriate law enforcement official as required 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
under this section. 201
(a) A person who violates this subsection with respect to 202
an accident resulting in: 203
1. Property damage only, commits a misdemeanor of the 204
first second degree, punishable as provided in s. 775.082 or s. 205
775.083. 206
2. Injury to a person other than serious bodily injury, 207
commits a felony of the third degree, punishable as provided in 208
s. 775.082, s. 775.083, or s. 775.084. 209
3. Serious bodily injury, commits a felony of the second 210
degree, punishable as provided in s. 775.082, s. 775.083, or s. 211
775.084. 212
4. The death of another person or an unborn child, commits 213
a felony of the first degree, punishable as provided in s. 214
775.082, s. 775.083, or s. 775.084. 215
(b) A person who willfully commits a violation of 216
subparagraph (a)4. while boating under the influence as set 217
forth in 327.35(1) must be sentenced to a mandatory minimum term 218
of imprisonment of 4 years. 219
Section 5. Subsection (1) and paragraph (a) of subsection 220
(3) of section 327.33, Florida Statutes, are amended to read: 221
327.33 Reckless or careless operation of vessel.— 222
(1) It is unlawful to operate a vessel in a reckless 223
manner. A person who operates any vessel, or manipulates any 224
water skis, aquaplane, or similar device, in willful or wanton 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
disregard for the safety of persons or property at a speed or in 226
a manner as to endanger, or likely to endanger, life or limb, or 227
damage the property of, or injure a person commits is guilty of 228
reckless operation of a vessel. Reckless operation of a vessel 229
includes, but is not limited to, a violation of s. 327.331(6). 230
Except as provided in subsection (2), if a person violates this 231
subsection and the violation: 232
(a) Does not result in an accident, the person commits a 233
misdemeanor of the second degree, punishable as provided in s. 234
775.082 or s. 775.083. 235
(b) Results in an accident that causes damage to the 236
property or person of another, the person commits a misdemeanor 237
of the first degree, punishable as provided in s. 775.082 or s. 238
775.083. 239
(c) Results in an accident that causes serious bodily 240
injury as defined in s. 316.192, the person commits a felony of 241
the third degree, punishable as provided in s. 775.082, s. 242
775.083, or s. 775.084. As used in this paragraph, the term 243
"serious bodily injury" means an injury to a person which 244
creates a serious personal disfigurement or protracted loss or 245
impairment of the function of a bodily member or organ. 246
(3) Each person operating a vessel upon the waters of this 247
state shall comply with the navigation rules. 248
(a) A person who violates a the navigation rule rules and 249
such the violation results in a boating accident causing serious 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
bodily injury as defined in s. 327.353 or death, but the 251
violation does not constitute reckless operation of a vessel, 252
commits a felony misdemeanor of the third second degree, 253
punishable as provided in s. 775.082 or s. 775.083. 254
Section 6. Effective October 1, 2027, present subsection 255
(10) of section 327.35, Florida Statutes, is redesignated as 256
subsection (11), a new subsection (10) is added to that section, 257
and subsections (1) through (6) of that section are amended, to 258
read: 259
327.35 Boating under the influence; penalties; "designated 260
drivers."— 261
(1) A person commits is guilty of the offense of boating 262
under the influence and is subject to punishment as provided in 263
subsection (2) if the person is in physical control of operating 264
a vessel within this state and any of the following applies: 265
(a) The person is under the influence of alcoholic 266
beverages, any chemical substance set forth in s. 877.111, or 267
any substance controlled under chapter 893, when affected to the 268
extent that the person's normal faculties are impaired.; 269
(b) The person has a blood-alcohol level of 0.08 or more 270
grams of alcohol per 100 milliliters of blood.; or 271
(c) The person has a breath-alcohol level of 0.08 or more 272
grams of alcohol per 210 liters of breath. 273
(2)(a) Except as provided in paragraph (b), subsection 274
(3), or subsection (4), a any person who is convicted of a 275
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
violation of subsection (1) is subject to the following shall be 276
punished: 277
1. By A fine of: 278
a. Not less than $500 or more than $1,000 for a first 279
conviction. 280
b. Not less than $1,000 or more than $2,000 for a second 281
conviction; and 282
2. By Imprisonment for: 283
a. Not more than 6 months for a first conviction. 284
b. Not more than 9 months for a second conviction. 285
286
The clerk shall remit the portion of a fine imposed in excess of 287
$500 pursuant to sub-subparagraph 1.a. and the portion of a fine 288
imposed in excess of $1,000 pursuant to sub-subparagraph 1.b., 289
shall be remitted by the clerk to the Department of Revenue for 290
deposit into the General Revenue Fund. 291
(b)1. A Any person who is convicted of a third violation 292
of this section for an offense that occurs within 10 years after 293
a prior conviction for a violation of this section commits a 294
felony of the third degree, punishable as provided in s. 295
775.082, s. 775.083, or s. 775.084. In addition, if the 296
convicted person qualifies for a permanent or restricted 297
license, the court shall order the mandatory placement of an 298
ignition interlock device approved by the department in 299
accordance with s. 316.1938 upon all vehicles and vessels 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
individually or jointly leased or owned and routinely operated 301
by the convicted person. The ignition interlock device must be 302
installed at the convicted person's sole expense for not less 303
than 2 continuous years. 304
2. A Any person who is convicted of a third violation of 305
this section for an offense that occurs more than 10 years after 306
the date of a prior conviction for a violation of this section 307
is subject to shall be punished by a fine of not less than 308
$2,000 or more than $5,000 and by imprisonment for not more than 309
12 months. The clerk shall remit the portion of a fine imposed 310
in excess of $2,500 pursuant to this subparagraph shall be 311
remitted by the clerk to the Department of Revenue for deposit 312
into the General Revenue Fund. In addition, if the convicted 313
person qualifies for a permanent or restricted license, the 314
court shall order the mandatory placement of an ignition 315
interlock device approved by the department in accordance with 316
s. 316.1938 upon all vehicles and vessels individually or 317
jointly leased or owned and routinely operated by the convicted 318
person. The ignition interlock device must be installed at the 319
convicted person's sole expense for not less than 2 continuous 320
years. 321
3. Any person who is convicted of a fourth or subsequent 322
violation of this section, regardless of when any prior 323
conviction for a violation of this section occurred, commits a 324
felony of the third degree, punishable as provided in s. 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
775.082, s. 775.083, or s. 775.084. 326
327
However, the fine imposed for such fourth or subsequent 328
violation may not be less than $2,000. The clerk shall remit the 329
portion of such fine imposed in excess of $1,000 shall be 330
remitted by the clerk to the Department of Revenue for deposit 331
into the General Revenue Fund. In addition to the penalties 332
specified in paragraph (a), the court may order the placement of 333
an ignition interlock device approved by the department in 334
accordance with s. 316.1938 upon all vehicles and vessels 335
individually or jointly leased or owned and routinely operated 336
by the convicted person if, at the time of the offense, the 337
person had a blood-alcohol level or breath-alcohol level of 0.08 338
or higher. The ignition interlock device must be installed at 339
the convicted person's sole expense for not less than 6 340
continuous months. 341
(3)(a) A Any person who: 342
1. Violates Who is in violation of subsection (1); 343
2. Who Operates a vessel; and 344
3. Who, By reason of such operation, causes or contributes 345
to causing: 346
a. Damage to the property or person of another commits a 347
misdemeanor of the first degree, punishable as provided in s. 348
775.082 or s. 775.083. 349
b. Serious bodily injury to another, as defined in s. 350
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327.353, commits a felony of the third degree, punishable as 351
provided in s. 775.082, s. 775.083, or s. 775.084. 352
c. The death of a any human being, or an unborn child as 353
defined in s. 775.021(5), commits BUI manslaughter, and commits: 354
(I) A felony of the second degree, punishable as provided 355
in s. 775.082, s. 775.083, or s. 775.084. 356
(II) A felony of the first degree, punishable as provided 357
in s. 775.082, s. 775.083, or s. 775.084, if: 358
(A) At the time of the accident, the person knew, or 359
should have known, that the accident occurred; and 360
(B) The person failed to give information and render aid 361
as required by s. 327.30. 362
363
A person convicted of BUI manslaughter must be sentenced to a 364
mandatory term of imprisonment of 4 years. Sub-subparagraph 3.c. 365
This sub-sub-subparagraph does not require that the person knew 366
that the accident resulted in injury or death. 367
(III) A felony of the first degree, punishable as provided 368
in s. 775.082, s. 775.083, or s. 775.084, if the person has a 369
prior conviction under this sub-subparagraph, s. 370
316.193(3)(c)3., s. 782.071, or s. 782.072. 371
(b) A person who is convicted of BUI manslaughter must 372
shall be sentenced to a mandatory minimum term of imprisonment 373
of 4 years. 374
(4) A Any person who is convicted of violating a violation 375
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of subsection (1) and who has a blood-alcohol level or breath-376
alcohol level of 0.15 or higher, or any person who is convicted 377
of violating a violation of subsection (1) and who at the time 378
of the offense was accompanied in the vessel by a person under 379
the age of 18 years of age, is subject to shall be punished: 380
(a) By A fine of: 381
1. Not less than $1,000 or more than $2,000 for a first 382
conviction. 383
2. Not less than $2,000 or more than $4,000 for a second 384
conviction. 385
3. Not less than $4,000 for a third or subsequent 386
conviction. 387
(b) By Imprisonment for: 388
1. Not more than 9 months for a first conviction. 389
2. Not more than 12 months for a second conviction. 390
(c) In addition to the penalties provided in paragraphs 391
(a) and (b), the mandatory placement of an ignition interlock 392
device as ordered by the court and approved by the department in 393
accordance with s. 316.1938 upon all vehicles and vessels that 394
are individually or jointly leased or owned and routinely 395
operated by the convicted person, when the convicted person 396
qualifies for a permanent or restricted license. The ignition 397
interlock device must be installed at the convicted person's 398
sole expense for not less than 6 continuous months for the first 399
offense and for not less than 2 continuous years for a second 400
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offense. 401
402
The clerk shall remit the portion of a fine imposed in excess of 403
$1,000 pursuant to subparagraph (a)1. and the portion of a fine 404
imposed in excess of $2,000 pursuant to subparagraph (a)2. or 405
subparagraph (a)3., shall be remitted by the clerk to the 406
Department of Revenue for deposit into the General Revenue Fund. 407
For the purposes of this subsection, only the instant offense is 408
required to be a violation of subsection (1) by a person who has 409
a blood-alcohol level or breath-alcohol level of 0.15 or higher. 410
(5) In addition to any sentence or fine, the court shall 411
place any offender convicted of violating this section on 412
monthly reporting probation and shall require attendance at a 413
substance abuse course specified by the court.; and 414
(a) The agency conducting the substance abuse course may 415
refer the offender to an authorized service provider for 416
substance abuse evaluation and treatment, which must include a 417
psychosocial evaluation of the offender, in addition to any 418
sentence or fine imposed under this section. If the agency 419
conducting the substance abuse course makes such a referral in 420
addition to any sentence or fine imposed under this section, the 421
completion of all such education, evaluation, and treatment is a 422
condition of reporting probation. The offender shall assume 423
reasonable costs for such education, evaluation, and treatment, 424
with completion of all such education, evaluation, and treatment 425
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being a condition of reporting probation. A referral to 426
treatment resulting from a psychosocial evaluation may not be 427
waived without a supporting independent psychosocial evaluation 428
conducted by an authorized substance abuse treatment provider 429
agency appointed by the court. The provider must be provided 430
access to the agency's substance abuse course's psychosocial 431
evaluation before the independent psychosocial evaluation is 432
conducted and with access to the original evaluation. The 433
offender shall bear the cost of this procedure. The court shall 434
review the results and recommendations of both evaluations 435
before determining the request for a waiver. 436
(b) If an offender is referred to treatment under this 437
subsection and he or she fails to report for or complete such 438
treatment or fails to complete the agency's substance abuse 439
education course and evaluation, the agency must notify the 440
court and the department of the failure. Upon receipt of the 441
notice, the department must cancel the offender's driving 442
privilege, notwithstanding the terms of the court order or any 443
suspension or revocation of the driving privilege. The 444
department may temporarily reinstate the driving privilege on a 445
restricted basis upon verification from the agency that the 446
offender is currently participating in treatment and that both 447
the substance abuse education course and evaluation requirement 448
have been completed. If the agency notifies the department of a 449
second failure to complete treatment, the department may 450
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reinstate the driving privilege only after notice of completion 451
of treatment from the agency. 452
(c) An agency that conducts an offender's substance abuse 453
education and evaluation may not provide required substance 454
abuse treatment unless a waiver has been granted to that 455
organization by the department. A waiver may be granted only if 456
the department, in accordance with department rule, determines 457
that the service provider conducting the substance abuse 458
education and evaluation is the most appropriate service 459
provider and is licensed under chapter 397 or is exempt from 460
such licensure. Organizations authorized to provide services 461
under this section must submit quarterly statistical referral 462
reports to the department. 463
(d) As used in this subsection, the term "substance abuse" 464
means the abuse of alcohol or any substance named or described 465
in Schedules I-V of s. 893.03. 466
(6) With respect to a any person convicted of violating a 467
violation of subsection (1), regardless of any other penalty 468
imposed: 469
(a) For the first conviction, the court shall place the 470
defendant on probation for a period not to exceed 1 year and, as 471
a condition of such probation, shall order the defendant to 472
participate in public service or a community work project for a 473
minimum of 50 hours. The court must also, as a condition of 474
probation, order the impoundment or immobilization of the vessel 475
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that was operated by or in the actual control of the defendant 476
or any one vehicle registered in the defendant's name at the 477
time of impoundment or immobilization, for a period of 10 days 478
or for the unexpired term of any lease or rental agreement that 479
expires within 10 days. The impoundment or immobilization may 480
must not occur concurrently with the incarceration of the 481
defendant. The impoundment or immobilization order may be 482
dismissed in accordance with paragraph (e), or paragraph (f), or 483
paragraph (g). The total period of probation and incarceration 484
may not exceed 1 year. 485
(b) For the second conviction for an offense that occurs 486
within a period of 5 years after the date of a prior conviction 487
for violation of this section, the court shall order 488
imprisonment for not less than 10 days. The court may order a 489
defendant to pay a fine of $10 for each hour of public service 490
or community work otherwise required only if the court finds 491
that the residence or location of the defendant at the time 492
public service or community work is required or the defendant's 493
employment obligations would create an undue hardship for the 494
defendant. However, the total period of probation and 495
incarceration may not exceed 1 year. The court shall must also, 496
as a condition of probation, order the impoundment or 497
immobilization of the vessel that was operated by or in the 498
actual control of the defendant or any one vehicle registered in 499
the defendant's name at the time of impoundment or 500
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immobilization, for a period of 10 30 days or for the unexpired 501
term of any lease or rental agreement that expires within 10 30 502
days. The impoundment or immobilization must not occur 503
concurrently with the incarceration of the defendant. The 504
impoundment or immobilization order may be dismissed in 505
accordance with paragraph (e), or paragraph (f), or paragraph 506
(g). At least 48 hours of confinement must be consecutive. 507
(c) For the third or subsequent conviction for an offense 508
that occurs within a period of 10 years after the date of a 509
prior conviction for violation of this section, the court shall 510
order imprisonment for not less than 30 days. The court shall 511
must also, as a condition of probation, order the impoundment or 512
immobilization of the vessel that was operated by or in the 513
actual control of the defendant or any one vehicle registered in 514
the defendant's name at the time of impoundment or 515
immobilization, for a period of 90 days or for the unexpired 516
term of any lease or rental agreement that expires within 90 517
days. The impoundment or immobilization must not occur 518
concurrently with the incarceration of the defendant. The 519
impoundment or immobilization order may be dismissed in 520
accordance with paragraph (e), or paragraph (f), or paragraph 521
(g). At least 48 hours of confinement must be consecutive. 522
(d) The court shall must at the time of sentencing the 523
defendant issue an order for the impoundment or immobilization 524
of a vessel. Within 7 business days after the date that the 525
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court issues the order of impoundment, and once again 30 526
business days before the actual impoundment or immobilization of 527
the vessel, the clerk of the court must send notice by certified 528
mail, return receipt requested, to the registered owner of each 529
vessel, if the registered owner is a person other than the 530
defendant, and to each person of record claiming a lien against 531
the vessel. 532
(e) A person who owns but was not operating the vessel 533
when the offense occurred may submit to the court a police 534
report indicating that the vessel was stolen at the time of the 535
offense or documentation of having purchased the vessel after 536
the offense was committed from an entity other than the 537
defendant or the defendant's agent. If the court finds that the 538
vessel was stolen or that the sale was not made to circumvent 539
the order and allow the defendant continued access to the 540
vessel, the order must be dismissed and the owner of the vessel 541
will incur no costs. If the court denies the request to dismiss 542
the order of impoundment or immobilization, the petitioner may 543
request an evidentiary hearing. 544
(f) A person who owns but was not operating the vessel 545
when the offense occurred, and whose vessel was stolen or who 546
purchased the vessel after the offense was committed directly 547
from the defendant or the defendant's agent, may request an 548
evidentiary hearing to determine whether the impoundment or 549
immobilization should occur. If the court finds that either the 550
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vessel was stolen or the purchase was made without knowledge of 551
the offense, that the purchaser had no relationship to the 552
defendant other than through the transaction, and that such 553
purchase would not circumvent the order and allow the defendant 554
continued access to the vessel, the order must be dismissed and 555
the owner of the vessel will incur no costs. 556
(g) All costs and fees for the impoundment or 557
immobilization, including the cost of notification, must be paid 558
by the owner of the vessel or, if the vessel is leased or 559
rented, by the person leasing or renting the vessel, unless the 560
impoundment or immobilization order is dismissed. 561
(h) The person who owns a vessel that is impounded or 562
immobilized under this paragraph, or a person who has a lien of 563
record against such a vessel and who has not requested a review 564
of the impoundment pursuant to paragraph (e) or paragraph (f), 565
may, within 10 days after the date that person has knowledge of 566
the location of the vessel, file a complaint in the county in 567
which the owner resides to determine whether the vessel was 568
wrongfully taken or withheld from the owner or lienholder. Upon 569
the filing of a complaint, the owner or lienholder may have the 570
vessel released by posting with the court a bond or other 571
adequate security equal to the amount of the costs and fees for 572
impoundment or immobilization, including towing or storage, to 573
ensure the payment of the costs and fees if the owner or 574
lienholder does not prevail. When the bond is posted and the fee 575
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is paid as set forth in s. 28.24, the clerk of the court shall 576
issue a certificate releasing the vessel. At the time of 577
release, after reasonable inspection, the owner or lienholder 578
must give a receipt to the towing or storage company indicating 579
any loss or damage to the vessel or to the contents of the 580
vessel. 581
(i) A defendant, in the court's discretion, may be 582
required to serve all or any portion of a term of imprisonment 583
to which the defendant has been sentenced pursuant to this 584
section in a residential alcoholism treatment program or a 585
residential drug abuse treatment program. Any time spent in such 586
a program must be credited by the court toward the term of 587
imprisonment. 588
589
For the purposes of this section, any conviction for a violation 590
of s. 316.193, a previous conviction for the violation of former 591
s. 316.1931, former s. 860.01, or former s. 316.028, or a 592
previous conviction outside this state for driving under the 593
influence, driving while intoxicated, driving with an unlawful 594
blood-alcohol level, driving with an unlawful breath-alcohol 595
level, or any other similar alcohol-related or drug-related 596
traffic offense, is also considered a previous conviction for 597
violation of this section. 598
(10) Notwithstanding any sentence or fine imposed by law 599
or the court, a person convicted of violating subsection (1) and 600
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one or more additional criminal violations under this chapter, 601
whether arising from the same incident or from other incidents 602
occurring within the 12 months preceding the violation of 603
subsection (1), must maintain an insurance policy insuring 604
against loss from liability for bodily injury, death, and 605
property damage arising out of the ownership, maintenance, or 606
use of a vessel. Such insurance policy must contain limits of 607
not less than $100,000 for bodily injury liability or death and 608
$50,000 for property damage. A person who operates a vessel 609
without such insurance policy commits a misdemeanor of the 610
second degree, punishable as provided in s. 775.082 or s. 611
775.083. 612
Section 7. Effective October 1, 2027, paragraph (a) of 613
subsection (1) of section 327.352, Florida Statutes, is amended 614
to read: 615
327.352 Tests for alcohol, chemical substances, or 616
controlled substances; implied consent; refusal.— 617
(1)(a)1. The Legislature declares that the operation of a 618
vessel is a privilege that must be exercised in a reasonable 619
manner. In order to protect the public health and safety, it is 620
essential that a lawful and effective means of reducing the 621
incidence of boating while impaired or intoxicated be 622
established. Therefore, a person who accepts the privilege 623
extended by the laws of this state of operating a vessel within 624
this state is, by operating such vessel, deemed to have given 625
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
his or her consent to submit to an approved chemical test or 626
physical test including, but not limited to, an infrared light 627
test of his or her breath for the purpose of determining the 628
alcoholic content of his or her blood or breath if the person is 629
lawfully arrested for any offense allegedly committed while the 630
person was operating a vessel while under the influence of 631
alcoholic beverages. The chemical or physical breath test must 632
be incidental to a lawful arrest and administered at the request 633
of a law enforcement officer who has reasonable cause to believe 634
such person was operating the vessel within this state while 635
under the influence of alcoholic beverages. The administration 636
of a breath test does not preclude the administration of another 637
type of test. The person must shall be told that his or her 638
failure to submit to a any lawful test of his or her breath 639
under this chapter will result in a suspension of the person's 640
privilege to operate a vessel for a period of 1 year for a first 641
refusal or for a period of 18 months if his or her privilege to 642
operate a vessel has been previously suspended or if he or she 643
has been fined for a prior refusal to submit to a lawful test of 644
his or her breath, urine, or blood as required under this 645
chapter or chapter 316. The person must also be told civil 646
penalty of $500, and that if he or she refuses to submit to a 647
lawful test of his or her breath and he or she has been 648
previously fined under s. 327.35215 or his or her driving 649
privilege has been previously suspended for refusal to submit to 650
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any lawful test of his or her breath, urine, or blood, under 651
this chapter or chapter 316, he or she commits a misdemeanor of 652
the first degree, punishable as provided in s. 775.082 or s. 653
775.083, in addition to any other penalties provided by law. The 654
refusal to submit to a chemical or physical breath test upon the 655
request of a law enforcement officer as provided in this section 656
is admissible into evidence in any criminal proceeding. 657
2. A person who accepts the privilege extended by the laws 658
of this state of operating a vessel within this state is, by 659
operating such vessel, deemed to have given his or her consent 660
to submit to a urine test for the purpose of detecting the 661
presence of chemical substances as set forth in s. 877.111 or 662
controlled substances if the person is lawfully arrested for any 663
offense allegedly committed while the person was operating a 664
vessel while under the influence of chemical substances or 665
controlled substances. The urine test must be incidental to a 666
lawful arrest and administered at a detention facility or any 667
other facility, mobile or otherwise, which is equipped to 668
administer such tests at the request of a law enforcement 669
officer who has reasonable cause to believe such person was 670
operating a vessel within this state while under the influence 671
of chemical substances or controlled substances. The urine test 672
must be administered at a detention facility or any other 673
facility, mobile or otherwise, which is equipped to administer 674
such test in a reasonable manner that will ensure the accuracy 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
of the specimen and maintain the privacy of the individual 676
involved. The administration of a urine test does not preclude 677
the administration of another type of test. The person must 678
shall be told that his or her failure to submit to a any lawful 679
test of his or her urine under this chapter will result in 680
suspension of the person's privilege to operate a vessel for a 681
period of 1 year for the first refusal, or for a period of 18 682
months if his or her privilege to operate a vessel or to operate 683
a vehicle has been previously suspended under s. 327.35215 or 684
chapter 316. The person must also be told a civil penalty of 685
$500, and that if he or she refuses to submit to a lawful test 686
of his or her urine and he or she has been previously fined 687
under s. 327.35215 or his or her driving privilege has been 688
previously suspended for refusal to submit to any lawful test of 689
his or her breath, urine, or blood, he or she commits a 690
misdemeanor of the first degree, punishable as provided in s. 691
775.082 or s. 775.083, in addition to any other penalties 692
provided by law. The refusal to submit to a urine test upon the 693
request of a law enforcement officer as provided in this section 694
is admissible into evidence in any criminal proceeding. 695
Section 8. Subsections (1), (2), and (4) of section 696
327.395, Florida Statutes, are amended to read: 697
327.395 Boating safety education.— 698
(1) Effective July 1, 2028, a person operating born on or 699
after January 1, 1988, may not operate a vessel powered by a 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
motor of 10 horsepower or greater must have unless such person 701
has in his or her possession aboard the vessel the documents 702
required by subsection (2). 703
(2) While operating a vessel, a person identified under 704
subsection (1) must have in his or her possession aboard the 705
vessel photographic identification and a Florida boating safety 706
identification card issued by the commission; a state-issued 707
identification card or driver license indicating possession of 708
the Florida boating safety identification card; or photographic 709
identification and a temporary certificate issued or approved by 710
the commission, an International Certificate of Competency, a 711
boating safety card or certificate from another state or United 712
States territory, or a Canadian Pleasure Craft Operator Card, 713
which shows that he or she has done one of the following: 714
(a) Completed a commission-approved boating safety 715
education course that meets the minimum requirements established 716
by the National Association of State Boating Law 717
Administrators.; 718
(b) Passed a temporary certificate examination developed 719
or approved by the commission.; 720
(c) Obtained a valid International Certificate of 721
Competency.; or 722
(d) Completed a boating safety education course or 723
equivalency examination in another state, a United States 724
territory, or Canada which meets or exceeds the minimum 725
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requirements established by the National Association of State 726
Boating Law Administrators. 727
(4) A commission-approved boating safety education course 728
or temporary certificate examination developed or approved by 729
the commission must include components regarding all of the 730
following: 731
(a) Diving vessels, awareness of divers in the water, 732
divers-down warning devices, and the requirements of s. 327.331. 733
(b) The danger associated with: 734
1. A passenger riding on a seat back, gunwale, transom, 735
bow, motor cover, or any other vessel area not designed and 736
designated by the manufacturer for seating. 737
2. A passenger falling overboard. 738
3. Operating a vessel with a person in the water near the 739
vessel. 740
4. Starting a vessel with the engine in gear. 741
5. Leaving the vessel running when a passenger is boarding 742
or disembarking. 743
6. Boating under the influence in violation of s. 327.35. 744
(c) The proper use and lifesaving benefits of an engine 745
cutoff switch for motorboats and personal watercraft. 746
(d) Human trafficking awareness. 747
748
The commission must include the components under this subsection 749
in boating safety education campaigns and in educational 750
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
materials produced by the commission, as appropriate. 751
Section 9. Subsections (1), (3), (4) and (5) of section 752
327.731, Florida Statutes, are amended to read: 753
327.731 Mandatory education for violators.— 754
(1) A person convicted of a noncriminal infraction as 755
specified in s. 327.73(1)(h)-(k), (m), (o), (p), and (s)-(y) 756
must do all of the following: 757
(a) Enroll in, attend, and successfully complete, at his 758
or her own expense, one of the following courses, as applicable: 759
1. For a person convicted of any two noncriminal 760
infractions within a 24-month period, the boating safety 761
education course provided for in s. 327.395. 762
2. For a person convicted of a criminal violation, of a 763
noncriminal infraction under this chapter if the infraction 764
resulted in a reportable boating accident, or of three or more 765
noncriminal infractions within a 36-month period, the boating 766
safety education course provided for in s. 327.395 and a 4-hour 767
course that includes information regarding all of the following: 768
a. The boating laws of this state. 769
b. Causes and prevention of boating accidents. 770
c. The importance of wearing personal flotation devices. 771
d. The use of common sense and common courtesy while 772
operating a vessel. 773
e. How to operate a vessel defensively. a classroom or 774
online boating safety course that is approved by and meets the 775
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
minimum standards established by commission rule; 776
(b) File with the commission within 90 days proof of 777
successful completion of the course.; and 778
(c) Refrain from operating a vessel until he or she has 779
filed proof of successful completion of the course with the 780
commission. 781
(3) As used in For the purposes of this section, the terms 782
"convicted" and "conviction" mean means a finding of guilt, or 783
the acceptance of a plea of guilty or nolo contendere, 784
regardless of whether or not adjudication was withheld or 785
whether imposition of sentence was withheld, deferred, or 786
suspended. A Any person who operates a vessel on the waters of 787
this state in violation of the provisions of this section 788
commits is guilty of a misdemeanor of the second degree, 789
punishable as provided in s. 775.082 or s. 775.083. 790
(4) The commission shall print on the reverse side of the 791
defendant's copy of the boating citation a notice of the 792
provisions of this section. Upon conviction, the clerk of the 793
court shall notify the defendant that it is unlawful for him or 794
her to operate any vessel until he or she has complied with this 795
section, but failure of the clerk of the court to provide such a 796
notice is shall not be a defense to a charge of unlawful 797
operation of a vessel under subsection (3). 798
(5) The commission shall: 799
(a) Maintain a program to ensure compliance with the 800
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
mandatory boating safety education requirements under this 801
section. This program must: 802
1.(a) Track any citations resulting in a conviction under 803
this section and the disposition of such citations; and. 804
2.(b) Send specific notices to each person subject to the 805
requirement for mandatory boating safety education. 806
(b) Adopt rules necessary to implement this section. 807
Section 10. Effective October 1, 2027, paragraph (c) of 808
subsection (2) of section 119.0712, Florida Statutes, is amended 809
to read: 810
119.0712 Executive branch agency-specific exemptions from 811
inspection or copying of public records.— 812
(2) DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES.— 813
(c) E-mail addresses collected by the Department of 814
Highway Safety and Motor Vehicles pursuant to s. 319.40(3), s. 815
320.95(2), or s. 322.08(11) s. 322.08(10) are exempt from s. 816
119.07(1) and s. 24(a), Art. I of the State Constitution. This 817
exemption applies retroactively. 818
Section 11. Paragraph (f) of subsection (3) of section 819
921.0022, Florida Statutes, is amended to read: 820
921.0022 Criminal Punishment Code; offense severity 821
ranking chart.— 822
(3) OFFENSE SEVERITY RANKING CHART 823
(f) LEVEL 6 824
825
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida
Statute
Felony
Degree Description
826
316.027(2)(b) 2nd Leaving the scene of
a crash involving
serious bodily
injury.
827
316.193(2)(b) 3rd Felony DUI, 4th or
subsequent conviction.
828
316.1935(4)(a) 2nd Aggravated fleeing or
eluding.
829
327.30(5)(a)3. 2nd Vessel accidents
involving serious
bodily injury;
leaving scene.
830
327.33(3)(a) 3rd Vessel accidents
causing serious bodily
injury or death but
not reckless operation
of a vessel.
831
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400.9935(4)(c) 2nd Operating a clinic, or
offering services
requiring licensure,
without a license.
832
499.0051(2) 2nd Knowing forgery of
transaction history,
transaction information, or
transaction statement.
833
499.0051(3) 2nd Knowing purchase or receipt
of prescription drug from
unauthorized person.
834
499.0051(4) 2nd Knowing sale or transfer of
prescription drug to
unauthorized person.
835
775.0875(1) 3rd Taking firearm from law
enforcement officer.
836
784.021(1)(a) 3rd Aggravated assault;
deadly weapon without
intent to kill.
837
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
784.021(1)(b) 3rd Aggravated assault;
intent to commit
felony.
838
784.041 3rd Felony battery; domestic battery
by strangulation.
839
784.048(3) 3rd Aggravated stalking;
credible threat.
840
784.048(5) 3rd Aggravated stalking of
person under 16.
841
784.07(2)(c) 2nd Aggravated assault on law
enforcement officer.
842
784.074(1)(b) 2nd Aggravated assault on
sexually violent
predators facility
staff.
843
784.08(2)(b) 2nd Aggravated assault on a
person 65 years of age
or older.
844
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
784.081(2) 2nd Aggravated assault on
specified official or
employee.
845
784.082(2) 2nd Aggravated assault by
detained person on
visitor or other
detainee.
846
784.083(2) 2nd Aggravated assault on
code inspector.
847
787.02(2) 3rd False imprisonment;
restraining with purpose other
than those in s. 787.01.
848
787.025(2)(a) 3rd Luring or enticing a
child.
849
790.115(2)(d) 2nd Discharging firearm or
weapon on school
property.
850
790.161(2) 2nd Make, possess, or throw
destructive device with
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
intent to do bodily harm or
damage property.
851
790.164(1) 2nd False report concerning
bomb, explosive, weapon of
mass destruction, act of
arson or violence to state
property, or use of firearms
in violent manner.
852
790.19 2nd Shooting or throwing deadly
missiles into dwellings,
vessels, or vehicles.
853
794.011(8)(a) 3rd Solicitation of minor to
participate in sexual
activity by custodial
adult.
854
794.05(1) 2nd Unlawful sexual activity
with specified minor.
855
800.04(5)(d) 3rd Lewd or lascivious
molestation; victim 12
years of age or older but
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
less than 16 years of age;
offender less than 18
years.
856
800.04(6)(b) 2nd Lewd or lascivious
conduct; offender 18
years of age or older.
857
806.031(2) 2nd Arson resulting in great
bodily harm to firefighter
or any other person.
858
810.02(3)(c) 2nd Burglary of occupied
structure; unarmed; no
assault or battery.
859
810.145(8)(b) 2nd Digital voyeurism;
certain minor victims;
2nd or subsequent
offense.
860
812.014(2)(b)1. 2nd Property stolen
$20,000 or more, but
less than $100,000,
grand theft in 2nd
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
degree.
861
812.014(2)(c)5. 3rd Grand theft; third
degree; firearm.
862
812.014(6) 2nd Theft; property stolen
$3,000 or more; coordination
of others.
863
812.015(9)(a) 2nd Retail theft; property
stolen $750 or more;
second or subsequent
conviction.
864
812.015(9)(b) 2nd Retail theft; aggregated
property stolen within
120 days is $3,000 or
more; coordination of
others.
865
812.015(9)(d) 2nd Retail theft;
multiple thefts
within specified
period.
866
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812.015(9)(e) 2nd Retail theft;
committed with
specified number of
other persons and use
of social media
platform.
867
812.13(2)(c) 2nd Robbery, no firearm or
other weapon (strong-
arm robbery).
868
817.4821(5) 2nd Possess cloning
paraphernalia with intent to
create cloned cellular
telephones.
869
817.49(2)(b)2. 2nd Willful making of a
false report of a
crime resulting in
death.
870
817.505(4)(b) 2nd Patient brokering; 10
or more patients.
871
817.5695(3)(b) 2nd Exploitation of person
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65 years of age or
older, value $10,000 or
more, but less than
$50,000.
872
825.102(1) 3rd Abuse of an elderly
person or disabled
adult.
873
825.102(3)(c) 3rd Neglect of an
elderly person or
disabled adult.
874
825.1025(3) 3rd Lewd or lascivious
molestation of an elderly
person or disabled adult.
875
825.103(3)(c) 3rd Exploiting an elderly
person or disabled
adult and property is
valued at less than
$10,000.
876
827.03(2)(c) 3rd Abuse of a child.
877
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827.03(2)(d) 3rd Neglect of a child.
878
827.071(5) 3rd Possess, control, or
intentionally view any
photographic material, motion
picture, etc., which includes
child pornography.
879
828.126(3) 3rd Sexual activities
involving animals.
880
836.05 2nd Threats; extortion.
881
836.10 2nd Written or electronic threats
to kill, do bodily injury, or
conduct a mass shooting or an
act of terrorism.
882
843.12 3rd Aids or assists person to
escape.
883
847.011 3rd Distributing, offering to
distribute, or possessing with
intent to distribute obscene
materials depicting minors.
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884
847.012 3rd Knowingly using a minor in
the production of materials
harmful to minors.
885
847.0135(2) 3rd Facilitates sexual conduct
of or with a minor or the
visual depiction of such
conduct.
886
893.131 2nd Distribution of controlled
substances resulting in
overdose or serious bodily
injury.
887
914.23 2nd Retaliation against a witness,
victim, or informant, with
bodily injury.
888
918.13(2)(b) 2nd Tampering with or
fabricating physical
evidence relating to a
capital felony.
889
944.35(3)(a)2. 3rd Committing malicious
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battery upon or
inflicting cruel or
inhuman treatment on an
inmate or offender on
community supervision,
resulting in great
bodily harm.
890
944.40 2nd Escapes.
891
944.46 3rd Harboring, concealing, aiding
escaped prisoners.
892
944.47(1)(a)5. 2nd Introduction of
contraband (firearm,
weapon, or explosive)
into correctional
facility.
893
951.22(1)(i) 3rd Firearm or weapon
introduced into county
detention facility.
894
Section 12. For the purpose of incorporating the amendment 895
made by this act to section 327.395, Florida Statutes, in 896
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references thereto, subsection (4) of section 327.54, Florida 897
Statutes, is reenacted to read: 898
327.54 Liveries; safety regulations; penalty.— 899
(4) A livery may not knowingly lease or rent a vessel to a 900
person who is required to comply with s. 327.395 unless such 901
person presents to the livery the documentation required by s. 902
327.395(2) for the operation of a vessel or meets the exemption 903
provided under s. 327.395(6)(f). 904
Section 13. Except as otherwise expressly provided in this 905
act, this act shall take effect July 1, 2026. 906