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HomeMy WebLinkAboutBack-Up from Law Dept FR/SRSec. 53-51. Stadium area designated The following area is hereby designated as the Marine Stadium: Commence at the southeast corner of section 17, township 54 south, range 42 east, thence run north 89 degrees 56 minutes 49 seconds west, along the southerly line of section 17 for a distance of 2,448.79 feet, more or less, to a point of intersection with a line which is 150 feet northwesterly of, and parallel with, the corporate boundaries of the city and its southwesterly prolongation thereof; thence run north 64 degrees 34 minutes 52 seconds east along such line for a distance of 62.64 feet to the point of beginning of the hereinafter -described tract; thence continue northeastwardly along the last -described course, being 150 feet northwestwardly of, and parallel with, the corporate boundaries of the city and its southwesterly prolongation thereof, for a distance of 2,308.54 feet more or less to the point of intersection with a line that is 2,370.00 feet northeasterly of and parallel with the centerline of the Rickenbacker Causeway; thence run north 45 degrees 22 minutes 07 seconds west along such line for a distance of 6,593.10 feet more or less to a point of intersection with the Metropolitan Dade County bulkhead line as shown in plat book 74, page 9, sheet 2 of the public records of Dade County, Florida; thence run south 44 degrees 06 minutes 48 seconds west along such bulkhead line for a distance of 2,757.57 feet more or less to a point of intersection with a line that is 200 feet northerly of, and parallel with, the centerline of Rickenbacker Causeway; thence run north 89 degrees 06 minutes 48 seconds east, along such line for a distance of 138.57 feet to a point of curve; thence run eastwardly and southeastwardly along the arc of a tangential curve to the right, having a radius of 1,632.40 feet and a central angle of 45 degrees 31 minutes 05 seconds for a distance of 1,296.84 feet to a point of tangency on a line that is 200 feet northeasterly of, and parallel with, such centerline of Rickenbacker Causeway; thence run south 45 degrees 22 minutes 07 seconds east, along such line, being 200 feet northeasterly of, and parallel with, such centerline of Rickenbacker Causeway for a distance of 4,518.73 feet at the point of beginning; excepting, however, a 200- foot by 200-foot easement conveyed by the county to the Southern Bell Telephone and Telegraph Company, such easement being more particularly described as follows: Commence at the southeast corner of section 17, township 54 south, range 42 east, thence run north 89 degrees 56 minutes 49 seconds west along the southerly line of section 17 for a distance of 2,565.05 feet more or less to the point of intersection with a line which is 200 feet northwesterly of, and parallel with, the corporate boundaries of the city and its southwesterly prolongation thereof, thence run north 64 degrees 34 minutes 52 seconds east along such line for a distance of 638.82 feet to a point, such point also lying on the corporate boundaries of the city; thence run north 45 degrees 22 minutes 07 seconds west along such corporate boundaries which is 660.00 feet northeasterly of, and parallel with, the centerline of the Rickenbacker Causeway for a distance of 1,697.97 feet to the point of beginning of the hereinafter - described tract; thence run south 44 degrees 37 minutes 53 seconds west for a distance of 200.00 feet to a point; thence run north 45 degrees 22 minutes 07 seconds west for a distance of 200.00 feet to a point; thence run north 44 degrees 37 minutes 53 seconds east for a distance of 200.00 feet to a point; such point lying on the corporate boundaries of the city which is 660.00 feet northeasterly of, and parallel with, the centerline of the Rickenbacker Causeway; thence run south 45 degrees 22 minutes 07 seconds east along such corporate boundaries for a distance of 200 feet to the point of beginning. Above -described property contains 312.7 acres more or less. (Code 1967, § 2-48.1; Code 1980, § 53-116) Title XXIV VESSELS Chapter 327 View Entire Chapter VESSEL SAFETY 327.02 Definitions. —As used in this chapter and in chapter 328, unless the context clearly requires a different meaning, the term: (1) "Airboat" means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane -type propeller mounted above the stern and used to push air across a set of rudders. (2) "Alien" means a person who is not a citizen of the United States. (3) "Boating accident" means a collision, accident, or casualty involving a vessel in or upon, or entering into or exiting from, the water, including capsizing, collision with another vessel or object, sinking, personal injury, death, disappearance of any person from on board under circumstances which indicate the possibility of death or injury, or property damage to any vessel or dock. (4) "Canoe" means a light, narrow vessel with curved sides and with both ends pointed. A canoe -like vessel with a transom may not be excluded from the definition of a canoe if the width of its transom is less than 45 percent of the width of its beam or it has been designated as a canoe by the United States Coast Guard, (5) "Commercial vessel" means: (a) Any vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or any vessel licensed pursuant to s. 379.361 from which commercial quantities of saltwater products are harvested, from within and without the waters of this state for sale either to the consumer, retail dealer, or wholesale dealer. (b) Any other vessel, except a recreational vessel as defined in this section. (6) "Commission" means the Fish and Wildlife Conservation Commission. (7) "Dealer" means any person authorized by the Department of Revenue to buy, sell, resell, or otherwise distribute vessels. Such person shall have a valid sales tax certificate of registration issued by the Department of Revenue and a valid commercial or occupational license required by any county, municipality, or political subdivision of the state in which the person operates. (8) "Division" means the Division of Law Enforcement of the Fish and Wildlife Conservation Commission. (9) "Documented vessel" means a vessel for which a valid certificate of documentation is outstanding pursuant to 46 C.F.R. part 67. (10) "Floating structure" means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term "floating structure" includes, but is not limited to, each entity used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term "vessel" provided in this section. Incidental movement upon water or resting partially or entirely on the bottom shall not, in and of itself, preclude an entity from classification as a floating structure. (11) "Florida Intracoastal Waterway" means the Atlantic Intracoastal Waterway, the Georgia state line north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic Intracoastal Waterway; the Atlantic Intracoastal Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to Fort Myers; the St. Johns River, Jacksonville to Sanford; the Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf Intracoastal Waterway, Carrabelle to Tampa Bay; Carrabelle to Anclote open bay section (using Gulf of Mexico); the Gulf Intracoastal Waterway, Carrabelle to the Alabama state line west of Pensacola; and the Apalachicola, Chattahoochee, and Flint Rivers in Florida. (12) "Homemade vessel" means any vessel built after October 31, 1972, for which a federal hull identification number is not required to be assigned by the manufacturer pursuant to federal law, or any vessel constructed or assembled prior to November 1, 1972, by other than a licensed manufacturer for his or her own use or the use of a specific person. A vessel assembled from a manufacturer's kit or constructed from an unfinished manufactured hull shall be considered to be a homemade vessel if such a vessel is not required to have a hull identification number assigned by the United States Coast Guard. A rebuilt or reconstructed vessel shall in no event be construed to be a homemade vessel. (13) "Houseboat" means any vessel which is used primarily as a residence for a minimum of 21 days during any 30-day period, in a county of this state, and this residential use of the vessel is to the preclusion of the use of the vessel as a means of transportation. (14) "Length" means the measurement from end to end over the deck parallel to the centerline excluding sheer. (15) "Lien" means a security interest which is reserved or created by a written agreement recorded with the Department of Highway Safety and Motor Vehicles pursuant to s. 328.15 which secures payment or performance of an obligation and is generally valid against third parties. (16) "Lienholder" means a person holding a security interest in a vessel, which interest is recorded with the Department of Highway Safety and Motor Vehicles pursuant to s. 328.15. (17) "Live -aboard vessel" means: (a) Any vessel used solely as a residence and not for navigation; (b) Any vessel represented as a place of business or a professional or other commercial enterprise; or (c) Any vessel for which a declaration of domicile has been filed pursuant to s. 222.17. A commercial fishing boat is expressly excluded from the term "live -aboard vessel." (18) "Livery vessel" means any vessel leased, rented, or chartered to another for consideration. (19) "Manufactured vessel" means any vessel built after October 31, 1972, for which a federal hull identification number is required pursuant to federal law, or any vessel constructed or assembled prior to November 1, 1972, by a duly licensed manufacturer. (20) "Marina" means a licensed commercial facility which provides secured public moorings or dry storage for vessels on a leased basis. A commercial establishment authorized by a licensed vessel manufacturer as a dealership shall be considered a marina for nonjudicial sale purposes. (21) "Marine sanitation device" means any equipment other than a toilet, for installation on board a vessel, which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine sanitation device Types I, II, and III shall be defined as provided in 33 C.F.R. part 159. (22) "Marker" means any channel mark or other aid to navigation, information or regulatory mark, isolated danger mark, safe water mark, special mark, inland waters obstruction mark, or mooring buoy in, on, or over the waters of the state or the shores thereof, and includes, but is not limited to, a sign, beacon, buoy, or light. (23) "Motorboat" means any vessel equipped with machinery for propulsion, irrespective of whether the propulsion machinery is in actual operation. (24) "Muffler" means an automotive -style sound -suppression device or system designed to effectively abate the sound of exhaust gases emitted from an internal combustion engine and prevent excessive sound when installed on such an engine. (25) "Navigation rules" means: (a) For vessels on waters outside of established navigational lines of demarcation as specified in 33 C.F.R. part 80, the International Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended, including the appendix and annexes thereto, through October 1, 2012. (b) For vessels on all waters not outside of such established lines of demarcation, the Inland Navigational Rules Act of 1980, 33 C.F.R. parts 83-90, as amended, through October 1, 2012. (26) "Nonresident" means a citizen of the United States who has not established residence in this state and has not continuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initiation of a vessel titling or registration action. (27) "Operate" means to be in charge of or in command of or in actual physical control of a vessel upon the waters of this state, or to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. (28) "Owner" means a person, other than a lienholder, having the property in or title to a vessel. The term includes a person entitled to the use or possession of a vessel subject to an interest in another person, reserved or created by agreement and securing payment of performance of an obligation, but the term excludes a lessee under a lease not intended as security. (29) "Person" means an individual, partnership, firm, corporation, association, or other entity. (30) "Personal watercraft" means a vessel less than 16 feet in length which uses an inboard motor powering a water jet pump, as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. (31) "Portable toilet" means a device consisting of a lid, seat, containment vessel, and support structure that is specifically designed to receive, retain, and discharge human waste and that is capable of being removed from a vessel by hand. (32) "Prohibited activity" means such activity as will impede or disturb navigation or creates a safety hazard on waterways of this state. (33) "Racing shell," "rowing scull," or "racing kayak" means a manually propelled vessel which is recognized by national or international racing associations for use in competitive racing and in which all occupants, with the exception of a coxswain, if one is provided, row, scull, or paddle and which is not designed to carry and does not carry any equipment not solely for competitive racing. (34) "Recreational vessel" means any vessel: (a) Manufactured and used primarily for noncommercial purposes; or (b) Leased, rented, or chartered to a person for the person's noncommercial use. (35) "Registration" means a state operating license on a vessel which is issued with an identifying number, an annual certificate of registration, and a decal designating the year for which a registration fee is paid. (36) "Resident" means a citizen of the United States who has established residence in this state and has continuously resided in this state for 1 year and in one county for the 6 months immediately preceding the initiation of a vessel titling or registration action. (37) "Sailboat" means any vessel whose sole source of propulsion is the wind. (38) "Unclaimed vessel" means any undocumented vessel, including its machinery, rigging, and accessories, which is in the physical possession of any marina, garage, or repair shop for repairs, improvements, or other work with the knowledge of the vessel owner and for which the costs of such services have been unpaid for a period in excess of 90 days from the date written notice of the completed work is given by the marina, garage, or repair shop to the vessel owner. (39) "Vessel" is synonymous with boat as referenced in s. 1(b), Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (40) "Waters of this state" means any navigable waters of the United States within the territorial limits of this state, and the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state, and all the inland lakes, rivers, and canals under the jurisdiction of this state. History.-s. 1, ch. 59-399; s. 1, ch. 63-103; s. 1, ch. 65-361; s. 17, ch. 69-216; ss. 25, 35, ch. 69-106; s. 3, ch. 70- 336; s. 132, ch. 71-377; s. 1, ch. 72-16; s. 1, ch. 72-55; ss. 1, 15, ch. 74-327; s. 23, ch. 79-334; s. 1, ch. 81-100; s. 1, ch. 81-114; s. 76, ch. 82-226; s. 1, ch. 83-20; s. 2, ch. 84-184; s. 1, ch. 85-252; s. 1, ch. 88-133; s. 1, ch. 89-136; s. 2, ch. 89-250; s. 2, ch. 94-241; s. 152, ch. 94-356; s. 951, ch. 95-148; s. 1, ch. 95-333; s. 3, ch. 98-308; ss. 18, 89, ch. 99-245; s. 2, ch. 2000-362; s. 1, ch. 2006-172; s. 194, ch. 2008-247; s. 6, ch. 2009-86; s. 1, ch. 2013-194. Note. -Former s. 371.021. 327.46 Boating -restricted areas.— (1) Boating -restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be established on the waters of this state for any purpose necessary to protect the safety of the public if such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards. (a) The commission may establish boating -restricted areas by rule pursuant to chapter 120. (b) Municipalities and counties have the authority to establish the following boating -restricted areas by ordinance: 1. An ordinance establishing an idle speed, no wake boating -restricted area, if the area is: a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width. b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width. c. Inside or within 300 feet of any lock structure. 2. An ordinance establishing a slow speed, minimum wake boating -restricted area if the area is: a. Within 300 feet of any bridge fender system. b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet. c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline. d. On a lake or pond of less than 10 acres in total surface area. 3. An ordinance establishing a vessel -exclusion zone if the area is: a. Designated as a public bathing beach or swim area. b. Within 300 feet of a dam, spillway, or flood control structure. (c) Municipalities and counties have the authority to establish by ordinance the following other boating -restricted areas: 1. An ordinance establishing an idle speed, no wake boating -restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway. 2. An ordinance establishing a slow speed, minimum wake, or numerical speed limit boating -restricted area if the area is: a. Within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an intervening obstruction to visibility may obscure other vessels or other users of the waterway. b. Subject to unsafe levels of vessel traffic congestion. c. Subject to hazardous water levels or currents, or containing other navigational hazards. d. An area that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision or a significant threat to boating safety. 3. An ordinance establishing a vessel -exclusion zone if the area is reserved exclusively: a. As a canoe trail or otherwise limited to vessels under oars or under sail. b. For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity. Any of the ordinances adopted pursuant to this paragraph shall not take effect until the commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety pursuant to this paragraph. Any application for approval of an ordinance shall be reviewed and acted upon within 90 days after receipt of a completed application. Within 30 days after a municipality or county submits an application for approval to the commission, the commission shall advise the municipality or county as to what information, if any, is needed to deem the application complete. An application shall be considered complete upon receipt of all requested information and correction of any error or omission for which the applicant was timely notified or when the time for such notification has expired. The commission's action on the application shall be subject to review under chapter 120. The commission shall initiate rulemaking no later than January 1, 2010, to provide criteria and procedures for reviewing applications and procedures for providing for public notice and participation pursuant to this paragraph. (2) Each such boating -restricted area shall be developed in consultation and coordination with the governing body of the county or municipality in which the boating -restricted area is located and, when the boating -restricted area is to be on the navigable waters of the United States, with the United States Coast Guard and the United States Army Corps of Engineers. (3) It is unlawful for any person to operate a vessel in a prohibited manner or to carry on any prohibited activity, as defined in this chapter, within a boating -restricted area which has been clearly marked by regulatory markers as authorized under this chapter. (4) Restrictions in a boating -restricted area established pursuant to this section shall not apply in the case of an emergency or to a law enforcement, firefighting, or rescue vessel owned or operated by a governmental entity. History.—s. 7, ch. 63-105; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 23, ch. 78-95; s. 7, ch. 81-100; s. 27, ch. 99-245; s. 16, ch. 2000-362; s. 13, ch. 2009-86. Note. —Former s. 371.522. VESSELS Chapter 327 View Entire Chapter VESSEL SAFETY 327.73 Noncriminal infractions.— (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. (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. (n) Section 327.65, relating to muffling devices. (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 $250. b. For a second offense, up to a maximum of $750. c. For a third or subsequent offense, up to a maximum of $1,000. (p) Section 327.39(1), (2), (3), and (5), relating to personal watercraft. (q) Section 327.53(1), (2), and (3), relating to marine sanitation. (r) Section 327.53(4), (5), and (7), relating to marine sanitation, for which the civil penalty is $250. (s) Section 327.395, relating to boater safety education. (t) Section 327.52(3), relating to operation of overloaded or overpowered vessels. (u) Section 327.331, relating to divers -down flags, 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, $50. 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. Any person cited for a violation of any provision of this subsection shall be deemed to be'charged with a noncriminal infraction, 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 $50, except as otherwise provided in this section. Any person who fails to appear or otherwise properly respond to a uniform boating citation shall, in addition to the charge relating to the violation of the boating laws of this state, 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 shall 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. 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. (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 purposes. (9)(a) Any person who faits 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. (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. 2. For nonmoving boating infractions, $18. 3. For boating infractions listed in s. 327.731(1), $35. (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. History.-s. 3, ch. 86-35; s. 7, ch. 87-392; s. 6, ch. 88-133; s. 4, ch. 88-144; s. 5, ch. 89-136; s. 32, ch. 91-221; s. 2, ch. 93-83; s. 2, ch. 93-254; s. 7, ch. 94-241; s. 955, ch. 95-148; s. 3, ch. 96-187; s. 60, ch. 96-413; s. 3, ch. 97-16; s. 2, ch. 99-162; s. 31, ch. 99-289; s. 48, ch. 2000-152; ss. 22, 23, ch. 2000-362; s. 13, ch. 2001-122; s. 3, ch. 2002- 46; s. 13, ch. 2003-143; s. 103, ch. 2003-402; s. 6, ch. 2004-74; s. 65, ch. 2004-265; s. 4, ch. 2006-172; s. 36, ch. 2008-111; s. 196, ch, 2008-247; s. 18, ch. 2009-86; s. 63, ch. 2010-5; s. 20, ch. 2011-4; s. 4, ch. 2011-152. Title XLVII Chapter 943 View Entire CRIMINAL PROCEDURE AND DEPARTMENT OF LAW Chapter CORRECTIONS ENFORCEMENT 943.10 Definitions; ss. 943.085-943.255.—The following words and phrases as used in ss. 943.085-943.255 are defined as follows: (1) "Law enforcement officer" means any person who is elected, appointed, or employed full time by any municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. This definition includes all certified supervisory and command personnel whose duties include, in whole or in part, the supervision, 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. (2) "Correctional officer" means any person who is appointed or employed full time by the state or any political subdivision thereof, or by any private entity which has contracted with the state or county, and whose primary responsibility is the supervision, protection, care, custody, and control, or investigation, of inmates within a correctional institution; however, the term "correctional officer" does not include any secretarial, clerical, or professionally trained personnel. (3) "Correctional probation officer" means a person who is employed full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or within the community. The term includes supervisory personnel whose duties include, in whole or in part, the supervision, training, and guidance of correctional probation officers, but excludes management and administrative personnel above, but not including, the probation and parole regional administrator level. (4) "Employing agency" means any agency or unit of government or any municipality or the state or any political subdivision thereof, or any agent thereof, which has constitutional or statutory authority to employ or appoint persons as officers. The term also includes any private entity which has contracted with the state or county for the operation and maintenance of a nonjuvenile detention facility. (5) "Commission" means the Criminal Justice Standards and Training Commission. (6) "Part-time law enforcement officer" means any person employed or appointed less than full time, as defined by an employing agency, with or without compensation, who is vested with authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state. (7) "Part-time correctional officer" means any person who is employed or appointed less than full time, as defined by the employing or appointing agency, with or without compensation, whose responsibilities include the supervision, protection, care, custody, and control of inmates within a correctional institution. (8) "Auxiliary law enforcement officer" means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time law enforcement officer and who, while under the direct supervision of a full-time or part-time law enforcement officer, has the authority to arrest and perform law enforcement functions. (9) "Auxiliary correctional officer" means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional officer and who, while under the supervision of a full-time or part-time correctional officer, has the same authority as a full-time or part-time correctional officer for the purpose of providing supervision, protection, care, custody, and control of inmates within a correctional institution or a county or municipal detention facility. (10) "Private criminal justice training school" means any private school, corporation, or institution, for profit or not for profit, devoted wholly or in part to instruction, by correspondence or otherwise, in criminal justice services, administration, training, and education, which awards any type of certificate, diploma, degree, or recognition for attendance, graduation, study, or participation to students, enrollees, or participants. This definition applies to all such schools operating wholly or in part within the state, including those chartered, incorporated, or formed outside the state. (11) "Support personnel" means any person employed or appointed by an employing agency who is not an officer or, as specified by the commission, other professional employee in the criminal justice system. (12) "Program" means the Criminal Justice Professionalism Program of the Department of Law Enforcement. (13) "Head of the department" means the Governor and Cabinet, as provided for in ss. 20.201 and 20.03(4). (14) "Officer" means any person employed or appointed as a full-time, part-time, or auxiliary law enforcement officer, correctional officer, or correctional probation officer. (15) "Public criminal justice training school" means any academy operated by an employing agency that is certified by the commission to conduct criminal justice training courses. (16) "Criminal justice training school" means any private or public criminal justice training school certified by the commission. (17) "Training center director" means a full-time salaried employee of a criminal justice training school who is responsible for the scheduling and general management of criminal justice courses and supervision and evaluation of criminal justice instructors. (18) "Auxiliary correctional probation officer" means any person employed or appointed, with or without compensation, who aids or assists a full-time or part-time correctional probation officer and who, while under the supervision of a full-time or part-time correctional probation officer, has the same authority as a full-time or part-time correctional probation officer for the purpose of providing supervision of offenders in the community. (19) "Part-time correctional probation officer" means a person who is employed less than full time by the state whose primary responsibility is the supervised custody, surveillance, and control of assigned inmates, probationers, parolees, or community controllees within institutions of the Department of Corrections or in the community. (20) "Diverse population" means members of a cultural group with common origins, customs, and styles of living. This definition includes both ethnic and religious minorities. (21) "Criminal justice executive" includes executives of law enforcement, correctional, and correctional probation agencies. History.—s. 7, ch. 74-386; s. 4, ch. 78-323; s. 2, ch. 80-71; ss. 4, 24, 25, ch. 81-24; s. 1, ch. 82-46; s. 1, ch. 83- 259; s. 2, ch. 83-265; s. 1, ch. 84-156; s. 3, ch. 84-258; ss. 6, 40, ch. 86-183; s. 5, ch. 86-187; ss. 5, 6, ch. 87-186; s. 39, ch. 89-526; s. 47, ch. 91-110; s. 5, ch. 91-429; s. 12, ch. 95-283; s. 1, ch. 97-225; s. 16, ch. 98-94; s. 1042, ch. 2002-387; s. 2, ch. 2007-45.