House Bill 3915c1

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    Florida House of Representatives - 1998             CS/HB 3915

        By the Committee on Crime & Punishment and Representatives
    Tobin, Brown and Heyman





  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. 327.33, F.S.; providing

  9         maneuvers constituting reckless operation of a

10         vessel, for which a penalty is provided;

11         amending s. 327.39, F.S.; revising requirements

12         for operation of a personal watercraft relating

13         to authorized flotation devices and maneuvers

14         constituting reckless operation; prohibiting

15         lease, hiring, or rental to certain persons;

16         requiring all vessel operators to have certain

17         photographic identification; providing a

18         penalty; raising the minimum age for operation

19         of a personal watercraft, effective on a

20         specified date; amending s. 327.395, F.S.;

21         conforming provisions relating to boating

22         safety identification cards; amending s.

23         327.54, F.S.; revising requirements for lease,

24         hiring, or rental of vessels by liveries

25         relating to prerental or preride instruction,

26         minimum age for rental, and safety information

27         and instruction; conforming liveries'

28         limitation of liability to specified federal

29         law; requiring certain insurance coverage;

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

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

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  1         violation of vessel laws, to incorporate the

  2         amendments to ss. 327.39 and 327.395, F.S., in

  3         references; providing effective dates.

  4

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

  6

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

  8  Statutes, is amended to read:

  9         327.02  Definitions of terms used in this chapter and

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

11  unless the context clearly requires a different meaning, the

12  term:

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

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

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

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

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

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

19  manner of sitting or standing inside the vessel.

20         Section 2.  Subsection (1) of section 327.25, Florida

21  Statutes, is amended to read:

22         327.25  Classification; registration; fees and charges;

23  surcharge; disposition of fees; fines; marine turtle

24  stickers.--

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

26  required to be registered shall be classified for registration

27  purposes according to the following schedule, and the

28  registration certificate fee shall be in the following

29  amounts:

30

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

  2  to which propulsion motors have been attached, regardless of

  3  length...................................................$3.50

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

  5  length, and all personal watercraft, regardless of length

  6  .........................................................10.50

  7  (To county)...............................................2.85

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

  9  length...................................................18.50

10  (To county)...............................................8.85

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

12  length...................................................50.50

13  (To county)..............................................32.85

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

15  length...................................................82.50

16  (To county)..............................................56.85

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

18  length...................................................98.50

19  (To county)..............................................68.85

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

21  (To county)..............................................86.85

22         Dealer registration certificate ..................16.50

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

24  section 327.28, Florida Statutes, to read:

25         327.28  Marine Resources Conservation Trust Fund;

26  vessel registration funds; appropriation and distribution.--

27         (1)  Except as otherwise specified and less any

28  administrative costs, all funds collected from the

29  registration of vessels, except personal watercraft, through

30  the Department of Highway Safety and Motor Vehicles and the

31  tax collectors of the state shall be deposited in the Marine

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  1  Resources Conservation Trust Fund for recreational channel

  2  marking; public launching facilities; law enforcement and

  3  quality control programs; aquatic weed control; manatee

  4  protection, recovery, rescue, rehabilitation, and release; and

  5  marine mammal protection and recovery. The funds collected

  6  pursuant to s. 327.25(1) shall be transferred as follows:

  7         (f)  Notwithstanding any other provision of this

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

  9  all funds collected from the registration of personal

10  watercraft through the Department of Highway Safety and Motor

11  Vehicles and the tax collectors of the state shall be

12  deposited in equal amounts into the Marine Resources

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

14  fees from the registration of personal watercraft may only be

15  appropriated for enforcement of boating laws, rules, and

16  ordinances and for boating safety education and training.

17         Section 4.  Subsection (1) of section 327.33, Florida

18  Statutes, is amended to read:

19         327.33  Reckless or careless operation of vessel.--

20         (1)  It is unlawful to operate a vessel in a reckless

21  manner.  A person is guilty of reckless operation of a vessel

22  who operates any vessel, or manipulates any water skis,

23  aquaplane, or similar device, in willful or wanton disregard

24  for the safety of persons or property at a speed or in a

25  manner as to endanger, or likely to endanger, life or limb, or

26  damage the property of, or injure any person. Examples of

27  maneuvers constituting reckless operation of a vessel include,

28  but are not limited to:

29         (a)  Weaving through congested vessel traffic.

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

  2  unnecessarily close to such other vessel or when visibility

  3  around such other vessel is obstructed.

  4         (c)  Becoming airborne or completely leaving the water

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

  6  the vessel creating the wake.

  7         (d)  Operating at greater than slow/no wake speed

  8  within 100 feet of an anchored or moored vessel, shoreline,

  9  dock, swim float, marked swim area including swimmers, or

10  pier, unless the vessel is operating in a narrow channel, in

11  which case the vessel may operate at the speed and flow of

12  other vessel traffic.

13         (e)  Operating contrary to navigation rules.

14         (f)  Following too close to another vessel.  For the

15  purpose of this paragraph, "following too close" shall be

16  construed as proceeding in the same direction and operating at

17  a speed in excess of 10 mph within 100 feet to the rear of

18  another vessel that is underway, unless the vessels are

19  operating in a narrow channel, in which case vessels may

20  operate at the speed and flow of other vessel traffic.

21

22  Any person who violates a provision of this subsection is

23  guilty of a misdemeanor of the first degree, punishable as

24  provided in s. 775.082 or s. 775.083.

25         Section 5.  Section 327.39, Florida Statutes, is

26  amended to read:

27         327.39  Personal watercraft regulated.--

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

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

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

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

  2  the United States Coast Guard.

  3         (2)  A person operating a personal watercraft equipped

  4  by the manufacturer with a lanyard type engine cutoff switch

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

  6  personal flotation device as is appropriate for the specific

  7  vessel.

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

  9  any time between the hours from one-half hour after sunset to

10  one-half hour before sunrise. However, an agent or employee of

11  a fire or emergency rescue service is exempt from this

12  subsection while performing his or her official duties.

13         (4)  A vessel personal watercraft must at all times be

14  operated in a reasonable and prudent manner.  Maneuvers which

15  unreasonably or unnecessarily endanger or are likely to

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

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

18  of another vessel unreasonably or unnecessarily close to such

19  other vessel or when visibility around such other vessel is

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

21  collision shall constitute reckless operation of a vessel, as

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

23  limited to, the following:

24         (a)  Weaving through congested vessel traffic.

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

26  unnecessarily close to such other vessel or when visibility

27  around such other vessel is obstructed.

28         (c)  Becoming airborne or completely leaving the water

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

30  the vessel creating the wake.

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  1         (d)  Operating at greater than slow/no wake speed

  2  within 100 feet of an anchored or moored vessel, shoreline,

  3  dock, swim float, marked swim area including swimmers, or

  4  pier, unless the vessel is operating in a narrow channel, in

  5  which case personal watercraft may operate at the speed and

  6  flow of other vessel traffic.

  7         (e)  Operating contrary to navigation rules.

  8         (f)  Following too close to another vessel, including

  9  another personal watercraft. For the purpose of this

10  paragraph, "following too close" shall be construed as

11  proceeding in the same direction and operating at a speed in

12  excess of 10 mph within 100 feet to the rear of another vessel

13  which is underway, unless the vessels are operating in a

14  narrow channel, in which case personal watercraft may operate

15  at the speed and flow of other vessel traffic.

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

17  a personal watercraft on the waters of this state.

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

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

20  this state; except that a person 16 or 17 years of age may

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

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

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

24  operation of the personal watercraft, and who is responsible

25  for any violation that occurs during the operation.

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

27  this state shall carry and have available for inspection

28  photographic identification indicating the operator's date of

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

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

31  unexpired and otherwise valid driver license; a state

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  1  identification card issued by any state of the United States

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

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

  4  United States Government Resident Alien Identification Card; a

  5  valid passport; a United States Military identification card;

  6  or a student identification card issued by an accredited

  7  educational institution as defined in s. 196.012.

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

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

10  personal watercraft to authorize or knowingly permit the same

11  to be operated by a person under 14 years of age in violation

12  of this section.

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

14  or rented personal watercraft or any person having charge over

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

16  to authorize or knowingly permit the watercraft to be operated

17  by:

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

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

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

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

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

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

24  the personal watercraft, and who is responsible for any

25  violation that occurs during the operation; or

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

27  safe handling of personal watercraft, in compliance with

28  standards established by the department, and signed a written

29  statement attesting to the same.

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  1         (c)  Any person who violates this subsection commits

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

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

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

  5  in a professional exhibition or a person preparing to

  6  participate or participating in a regatta, race, marine

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

  8  327.48.

  9         Section 6.  Effective July 1, 2000, paragraph (a) of

10  subsection (5) and paragraph (a) of subsection (6) of section

11  327.39, Florida Statutes, as amended by this act, are amended

12  to read:

13         327.39  Personal watercraft regulated.--

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

15  any personal watercraft on the waters of this state.

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

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

18  personal watercraft to authorize or knowingly permit the same

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

20  violation of this section.

21         Section 7.  Subsections (1) and (6) of section 327.395,

22  Florida Statutes, are amended to read:

23         327.395  Boating safety identification cards.--

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

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

26  21 years of age or younger may not operate a vessel powered by

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

28  his or her possession aboard the vessel photographic

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

30  safety identification card issued by the department which

31  shows that he or she has:

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  1         (a)  Completed a department-approved boater education

  2  course that meets the minimum 8-hour instruction requirement

  3  established by the National Association of State Boating Law

  4  Administrators;

  5         (b)  Passed a course equivalency examination approved

  6  by the department; or

  7         (c)  Passed a temporary certificate examination

  8  developed or approved by the department.

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

10  guilty of a noncriminal infraction, punishable as provided in

11  s. 327.73.

12         Section 8.  Section 327.54, Florida Statutes, is

13  amended to read:

14         327.54  Liveries; safety regulations; penalty.--

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

16  vessel to any person:

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

18  vessel exceeds the number considered to constitute a maximum

19  safety load for the vessel as specified on the authorized

20  persons capacity plate of the vessel.

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

22  capacity of the vessel.

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

24  safety equipment required under s. 327.50.

25         (d)  When the vessel is not seaworthy.

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

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

28  prerental or preride instruction which shall include, but not

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

30  livery.

31         1.  Operational characteristics of the vessel.

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  1         2.  Laws and regulations, navigation rules, and

  2  personal responsibility.

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

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

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

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

  7  such person presents a valid boater safety identification card

  8  to the livery.

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

10  shall notify the proper authorities.

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

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

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

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

15  age; except that a livery may permit a person 16 or 17 years

16  of age to operate a leased, hired, or rented personal

17  watercraft if there is in the immediate vicinity of the

18  operation a person who is 18 years of age or older, who is

19  attendant to the operation of the personal watercraft, and who

20  is responsible for any violation that occurs during the

21  operation.

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

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

24  livery displays boating safety information about the safe and

25  proper operation of vessels.

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

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

28  signature by the lessee that he or she has received

29  instruction in the safe handling of the personal watercraft,

30  in compliance with standards established by the department,

31  and signed a written statement attesting to the same.

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

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

  3  provided in s. 775.082 or s. 775.083.

  4         (6)  Limitation of liability of liveries shall be

  5  governed by the provisions of 46 U.S.C. Appendix s. 181 et

  6  seq. When the livery has complied with subsections (1), (2),

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

  8  vessel from the livery is liable for any violations of this

  9  chapter and is personally liable for any accident or injury

10  occurring while in charge of such vessel.

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

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

13  watercraft unless the livery first obtains and carries in full

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

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

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

17  the operation of the personal watercraft. The insurance policy

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

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

20  insurance available for inspection at the location where

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

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

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

24  insurance policy number.

25         Section 9.  For the purpose of incorporating the

26  amendments to sections 327.39 and 327.395, Florida Statutes,

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

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

29  read:

30         327.73  Noncriminal infractions.--

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  1         (1)  Violations of the following provisions of the

  2  vessel laws of this state are noncriminal infractions:

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

  4  personal watercraft.

  5         (s)  Section 327.395, relating to boater safety

  6  education.

  7

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

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

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

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

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

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

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

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

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

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

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

19  775.082 or s. 775.083. A written warning to this effect shall

20  be provided at the time such uniform boating citation is

21  issued.

22         Section 10.  Except as otherwise provided herein, this

23  act shall take effect July 1 of the year in which enacted.

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