Senate Bill 1880e1

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  1                      A bill to be entitled

  2         An act relating to boating safety; amending s.

  3         327.02, F.S.; redefining "personal watercraft";

  4         amending s. 327.25, F.S.; classifying all

  5         personal watercraft as class A-2 vessels;

  6         amending s. 327.28, F.S.; providing for

  7         distribution and use of registration fees

  8         therefor; amending s. 327.39, F.S.; revising

  9         requirements for operation of a personal

10         watercraft relating to authorized flotation

11         devices, times of operation, maneuvers

12         constituting reckless operation, and minimum

13         age for operation; prohibiting lease, hiring,

14         or rental to certain persons; requiring all

15         vessel operators to have certain photographic

16         identification; providing a penalty; providing

17         a grandfather clause; amending s. 327.395,

18         F.S.; conforming provisions relating to boating

19         safety identification cards; amending s.

20         327.54, F.S.; revising requirements for lease,

21         hiring, or rental of vessels by liveries

22         relating to prerental or preride instruction,

23         minimum age for rental, and safety information

24         and instruction; removing liveries' immunity

25         from liability for certain accidents or

26         injuries; requiring certain insurance coverage;

27         providing a penalty; reenacting s. 327.73(1)(p)

28         and (s), F.S., relating to a penalty for

29         violation of vessel laws, to incorporate the

30         amendments to ss. 327.39, 327.395, F.S., in

31         references; providing an effective date.


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  1  Be It Enacted by the Legislature of the State of Florida:

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  3         Section 1.  Subsection (27) of section 327.02, Florida

  4  Statutes, is amended to read:

  5         327.02  Definitions of terms used in this chapter and

  6  in chapter 328.--As used in this chapter and in chapter 328,

  7  unless the context clearly requires a different meaning, the

  8  term:

  9         (27)  "Personal watercraft" means a small class A-1 or

10  A-2 vessel less than 16 feet in length which uses an outboard

11  motor, or an inboard motor powering a water jet pump, as its

12  primary source of motive power and which is designed to be

13  operated by a person sitting, standing, or kneeling on, or

14  being towed behind the vessel, rather than in the conventional

15  manner of sitting or standing inside the vessel.

16         Section 2.  Subsection (1) and paragraphs (b) and (c)

17  of subsection (2) of section 327.25, Florida Statutes, are

18  amended to read:

19         327.25  Classification; registration; fees and charges;

20  surcharge; disposition of fees; fines; marine turtle

21  stickers.--

22         (1)  VESSEL REGISTRATION FEE.--Vessels that are

23  required to be registered shall be classified for registration

24  purposes according to the following schedule, and the

25  registration certificate fee shall be in the following

26  amounts:

27         Class A-1--Less than 12 feet in length, and all canoes

28  to which propulsion motors have been attached, regardless of

29  length...................................................$3.50

30

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  1         Class A-2--12 feet or more and less than 16 feet in

  2  length, and all personal watercraft, regardless of length

  3  .........................................................10.50

  4  (To county)...............................................2.85

  5         Class 1--16 feet or more and less than 26 feet in

  6  length...................................................18.50

  7  (To county)...............................................8.85

  8         Class 2--26 feet or more and less than 40 feet in

  9  length...................................................50.50

10  (To county)..............................................32.85

11         Class 3--40 feet or more and less than 65 feet in

12  length...................................................82.50

13  (To county)..............................................56.85

14         Class 4--65 feet or more and less than 110 feet in

15  length...................................................98.50

16  (To county)..............................................68.85

17         Class 5--110 feet or more in length..............122.50

18  (To county)..............................................86.85

19         Dealer registration certificate ..................16.50

20         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

21         (b)  The registration number for an antique vessel

22  shall be displayed as provided in affixed on the forward half

23  of the hull or on the port side of the windshield according to

24  ss. 327.11 and 327.14.

25         (c)  The Department of Highway Safety and Motor

26  Vehicles may issue a decal identifying the vessel as an

27  antique vessel. The decal shall be displayed as provided in s.

28  327.11 placed within 3 inches of the registration number.

29         Section 3.  Paragraph (f) is added to subsection (1) of

30  section 327.28, Florida Statutes, to read:

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  1         327.28  Marine Resources Conservation Trust Fund;

  2  vessel registration funds; appropriation and distribution.--

  3         (1)  Except as otherwise specified and less any

  4  administrative costs, all funds collected from the

  5  registration of vessels through the Department of Highway

  6  Safety and Motor Vehicles and the tax collectors of the state

  7  shall be deposited in the Marine Resources Conservation Trust

  8  Fund for recreational channel marking; public launching

  9  facilities; law enforcement and quality control programs;

10  aquatic weed control; manatee protection, recovery, rescue,

11  rehabilitation, and release; and marine mammal protection and

12  recovery. The funds collected pursuant to s. 327.25(1) shall

13  be transferred as follows:

14         (f)  Notwithstanding any other provision of this

15  subsection, and except as provided in paragraphs (a) and (b),

16  all funds collected from the registration of personal

17  watercraft through the Department of Highway Safety and Motor

18  Vehicles and the tax collectors of the state shall be

19  deposited in equal amounts into the Marine Resources

20  Conservation Trust Fund and the State Game Trust Fund. All

21  fees from the registration of personal watercraft may be

22  appropriated only for enforcement of boating laws, rules, and

23  ordinances and for boating safety education and training.

24         Section 4.  Section 327.39, Florida Statutes, is

25  amended to read:

26         327.39  Personal watercraft regulated.--

27         (1)  A person may not operate a personal watercraft

28  unless each person riding on or being towed behind such vessel

29  is wearing a type I, type II, type III, or type V personal

30  flotation device, other than an inflatable device, approved by

31  the United States Coast Guard.


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  1         (2)  A person operating a personal watercraft equipped

  2  by the manufacturer with a lanyard type engine cutoff switch

  3  must attach such lanyard to his or her person, clothing, or

  4  personal flotation device as is appropriate for the specific

  5  vessel.

  6         (3)  A person may not operate a personal watercraft at

  7  any time between sunset and the hours from one-half hour after

  8  sunset to one-half hour before sunrise. However, an agent or

  9  employee of a fire or emergency rescue service is exempt from

10  this subsection while performing his or her official duties.

11         (4)  A personal watercraft must at all times be

12  operated in a reasonable and prudent manner.  Maneuvers which

13  unreasonably or unnecessarily endanger, or are likely to

14  endanger, life, limb, or property, including, but not limited

15  to, weaving through congested vessel traffic, jumping the wake

16  of another vessel unreasonably or unnecessarily close to such

17  other vessel or when visibility around such other vessel is

18  obstructed, and swerving at the last possible moment to avoid

19  collision shall constitute reckless operation of a vessel, as

20  provided in s. 327.33(1). These maneuvers include, but are not

21  limited to, the following:

22         (a)  Weaving through congested vessel traffic.

23         (b)  Jumping the wake of another vessel unreasonably or

24  unnecessarily close to such other vessel or when visibility

25  around such other vessel is obstructed.

26         (c)  Becoming airborne or completely leaving the water

27  while crossing the wake of another vessel within 100 feet of

28  the vessel creating the wake.

29         (d)  Operating contrary to navigation rules.

30         (5)(a)  No person under the age of 16 14 shall operate

31  any a personal watercraft on the waters of this state.


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  1         (b)  No person under the age of 18 shall operate any

  2  leased, hired, or rented personal watercraft on the waters of

  3  this state; however, a person 16 or 17 years of age may

  4  operate a leased, hired, or rented personal watercraft if

  5  there is in the immediate vicinity of the operation a person

  6  who is 18 years of age or older, who is attendant to the

  7  operation of the personal watercraft, and who is responsible

  8  for any violation that occurs during the operation.

  9         (c)  Every person operating a vessel on the waters of

10  this state shall carry and have available for inspection

11  photographic identification indicating the operator's date of

12  birth. As used in this section and in s. 327.395,

13  "photographic identification" means, and is limited to:  an

14  unexpired and otherwise valid driver license; a state

15  identification card issued by any state of the United States

16  or its territories or the District of Columbia, showing a

17  photograph and signature of the person to whom it is issued; a

18  United States Government Resident Alien Identification Card; a

19  valid passport; a United States Military identification card;

20  or a student identification card issued by an accredited

21  educational institution as defined in s. 196.012.

22         (6)(a)  It is unlawful for the owner of any personal

23  watercraft or any person having charge over or control of a

24  personal watercraft to authorize or knowingly permit the same

25  to be operated by a person under 16 14 years of age in

26  violation of this section.

27         (b)  It is unlawful for the owner of any leased, hired,

28  or rented personal watercraft or any person having charge over

29  or control of a leased, hired, or rented personal watercraft

30  to authorize or knowingly permit the watercraft to be operated

31  by:


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  1         1.  Any person under 18 years of age in violation of

  2  this section; except that the owner or person in charge or

  3  control may allow a person 16 or 17 years of age to operate a

  4  leased, hired, or rented personal watercraft if there is in

  5  the immediate vicinity of the operation a person who is 18

  6  years of age or older, who is attendant to the operation of

  7  the personal watercraft, and who is responsible for any

  8  violation that occurs during the operation; or

  9         2.  Any person who has not received instruction in the

10  safe handling of personal watercraft, in compliance with

11  standards established by the department, and signed a written

12  statement attesting to the same.

13         (c)  Any person who violates this subsection commits

14  shall be guilty of a misdemeanor of the second degree,

15  punishable as provided in s. 775.082 or s. 775.083.

16         (7)  This section does not apply to a performer engaged

17  in a professional exhibition or a person preparing to

18  participate or participating in a regatta, race, marine

19  parade, tournament, or exhibition held in compliance with s.

20  327.48.

21         (8)  Vessels operated by boat/motor test facilities,

22  for those test operations which are permitted by the

23  Department of Environmental Protection, are exempt from

24  paragraphs (4)(b) and (c).

25         Section 5.  Grandfather clause.--A person who is 14 or

26  15 years of age on the effective date of this act and has

27  completed the state-required boating safety course in order to

28  operate a personal watercraft may operate a personal

29  watercraft on the waters of the state, notwithstanding the

30  provisions of section 327.39, Florida Statutes, as amended by

31  this act.


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  1         Section 6.  Subsections (1) and (6) of section 327.395,

  2  Florida Statutes, are amended to read:

  3         327.395  Boating safety identification cards.--

  4         (1)  Until October 1, 2001, a person born after

  5  September 30, 1980, and on or after October 1, 2001, a person

  6  21 years of age or younger may not operate a vessel powered by

  7  a motor of 10 horsepower or greater unless such person has in

  8  his or her possession aboard the vessel photographic

  9  identification, as defined in s. 327.39(5)(c), and a boater

10  safety identification card issued by the department which

11  shows that he or she has:

12         (a)  Completed a department-approved boater education

13  course that meets the minimum 8-hour instruction requirement

14  established by the National Association of State Boating Law

15  Administrators;

16         (b)  Passed a course equivalency examination approved

17  by the department; or

18         (c)  Passed a temporary certificate examination

19  developed or approved by the department.

20         (6)  A person who violates this section commits is

21  guilty of a noncriminal infraction, punishable as provided in

22  s. 327.73.

23         Section 7.  Section 327.54, Florida Statutes, is

24  amended to read:

25         327.54  Liveries; safety regulations; penalty.--

26         (1)  A livery may not knowingly lease, hire, or rent a

27  vessel to any person:

28         (a)  When the number of persons intending to use the

29  vessel exceeds the number considered to constitute a maximum

30  safety load for the vessel as specified on the authorized

31  persons capacity plate of the vessel.


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  1         (b)  When the horsepower of the motor exceeds the

  2  capacity of the vessel.

  3         (c)  When the vessel does not contain the required

  4  safety equipment required under s. 327.50.

  5         (d)  When the vessel is not seaworthy.

  6         (e)  When the vessel is equipped with a motor of 10

  7  horsepower or greater, unless the livery provides there is a

  8  prerental or preride instruction that includes, but need not

  9  be limited to: in the safe operation of the vessel by the

10  livery.

11         1.  Operational characteristics of the vessel.

12         2.  Laws and regulations, navigation rules, and

13  personal responsibility.

14         3.  Local characteristics of the waterway to be used.

15         (2)  A livery may not knowingly lease, hire, or rent

16  any vessel powered by a motor of 10 horsepower or greater to

17  any person who is required to comply with s. 327.395, unless

18  such person presents a valid boater safety identification card

19  to the livery.

20         (3)  If a vessel is unnecessarily overdue, the livery

21  shall notify the proper authorities.

22         (4)(a)  A livery may not lease, hire, or rent a

23  personal watercraft to any person who is under 18 16 years of

24  age, nor may it permit any leased, hired, or rented personal

25  watercraft to be operated by a person who is under 18 years of

26  age; however, a livery may permit a person 16 or 17 years of

27  age to operate a leased, hired, or rented personal watercraft

28  if there is in the immediate vicinity of the operation a

29  person who is 18 years of age or older, who is attendant to

30  the operation of the personal watercraft, and who is

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  1  responsible for any violation that occurs during the

  2  operation.

  3         (b)  A livery may not lease, hire, or rent any such

  4  watercraft or other vessel to any other person, unless the

  5  livery displays boating safety information about the safe and

  6  proper operation of vessels.

  7         (c)  A livery may not knowingly lease, hire, or rent a

  8  personal watercraft to any person who has not and requires a

  9  signature by the lessee that he or she has received

10  instruction in the safe handling of the personal watercraft,

11  in compliance with standards established by the department,

12  and signed a written statement attesting to the same.

13         (5)  Any person convicted of violating this section is

14  guilty of a misdemeanor of the second degree, punishable as

15  provided in s. 775.082 or s. 775.083.

16         (6)  When the livery has complied with subsections (1),

17  (2), (3), and (4), its liability ceases and the person leasing

18  the vessel from the livery is liable for any violations of

19  this chapter and is personally liable for any accident or

20  injury occurring while in charge of such vessel; however, this

21  subsection shall not apply to the lease, hiring, or rental of

22  a personal watercraft.

23         (7)  A livery may not lease, hire, or rent any personal

24  watercraft or offer to lease, hire, or rent any personal

25  watercraft unless the livery first obtains and carries in full

26  force and effect a policy from a licensed insurance carrier in

27  this state, insuring against any accident, loss, injury,

28  property damage, or other casualty caused by or resulting from

29  the operation of the personal watercraft. The insurance policy

30  shall provide coverage of at least $500,000 per person and $1

31  million per event. The livery must have proof of such


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  1  insurance available for inspection at the location where

  2  personal watercraft are being leased, hired, or rented, or

  3  offered for lease, hire, or rent, and shall provide to each

  4  renter the insurance carrier's name and address and the

  5  insurance policy number.

  6         Section 8.  For the purpose of incorporating the

  7  amendments to sections 327.39 and 327.395, Florida Statutes,

  8  in references thereto, paragraphs (p) and (s) of subsection

  9  (1) of section 327.73, Florida Statutes, are reenacted to

10  read:

11         327.73  Noncriminal infractions.--

12         (1)  Violations of the following provisions of the

13  vessel laws of this state are noncriminal infractions:

14         (p)  Section 327.39(1), (2), (3), and (5), relating to

15  personal watercraft.

16         (s)  Section 327.395, relating to boater safety

17  education.

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19  Any person cited for a violation of any such provision shall

20  be deemed to be charged with a noncriminal infraction, shall

21  be cited for such an infraction, and shall be cited to appear

22  before the county court. The civil penalty for any such

23  infraction is $50, except as otherwise provided in this

24  section. Any person who fails to appear or otherwise properly

25  respond to a uniform boating citation shall, in addition to

26  the charge relating to the violation of the boating laws of

27  this state, be charged with the offense of failing to respond

28  to such citation and, upon conviction, be guilty of a

29  misdemeanor of the second degree, punishable as provided in s.

30  775.082 or s. 775.083. A written warning to this effect shall

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  1  be provided at the time such uniform boating citation is

  2  issued.

  3         Section 9.  This act shall take effect July 1, 1998.

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