Senate Bill 1944

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    Florida Senate - 1999                                  SB 1944

    By Senator Kurth





    15-344A-99                                              See HB

  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         providing requirements for display of antique

  7         vessel registration numbers and decals;

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

  9         distribution and use of registration fees

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

11         requirements for operation of a personal

12         watercraft relating to authorized flotation

13         devices, times of operation, reckless or

14         careless operation, and minimum age for

15         operation; prohibiting lease, hiring, or rental

16         to certain persons; providing a penalty;

17         amending s. 327.395, F.S.; requiring all vessel

18         operators to have certain photographic

19         identification; providing a penalty; creating

20         s. 327.49, F.S.; authorizing certain testing of

21         vessels and vessel motors on the waters of the

22         state; amending s. 327.54, F.S.; revising

23         requirements for lease, hiring, or rental of

24         vessels by liveries, relating to prerental or

25         preride instruction, minimum age for rental,

26         safety information and instruction, and

27         limitation of liability; requiring liveries to

28         carry certain insurance coverage; providing a

29         penalty; reenacting s. 327.73(1)(p) and (s),

30         F.S., relating to a penalty for violation of

31         vessel laws, to incorporate the amendments to

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




  1         ss. 327.39 and 327.395, F.S., in references;

  2         providing effective dates.

  3

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

  5

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

  7  Statutes, 1998 Supplement, is amended to read:

  8         327.02  Definitions of terms used in this chapter and

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

10  unless the context clearly requires a different meaning, the

11  term:

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

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

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

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

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

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

18  manner of sitting or standing inside the vessel.

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

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

21  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

31

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




  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         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

24         (b)  The registration number for an antique vessel

25  shall be permanently attached to each side of the forward half

26  of the vessel affixed on the forward half of the hull or on

27  the port side of the windshield according to ss. 327.11 and

28  327.14.

29         (c)  The Department of Highway Safety and Motor

30  Vehicles may issue a decal identifying the vessel as an

31  antique vessel. The decal shall be displayed as provided in

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




  1  ss. 327.11 and 327.14 placed within 3 inches of the

  2  registration number.

  3         Section 3.  Subsection (1) of section 327.28, Florida

  4  Statutes, is amended to read:

  5         327.28  Marine Resources Conservation Trust Fund;

  6  vessel registration funds; appropriation and distribution.--

  7         (1)  Except as otherwise specified and less any

  8  administrative costs, all funds collected from the

  9  registration of vessels through the Department of Highway

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

11  shall be deposited in the Marine Resources Conservation Trust

12  Fund for recreational channel marking; public launching

13  facilities; law enforcement and quality control programs;

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

15  rehabilitation, and release; and marine mammal protection and

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

17  be transferred as follows:

18         (a)  In each fiscal year, an amount equal to $1 for

19  each vessel registered in this state shall be transferred to

20  the Save the Manatee Trust Fund for manatee and marine mammal

21  research, protection, and recovery in accordance with the

22  provisions of s. 370.12(5)(a).

23         (b)  In addition, in each fiscal year, an amount equal

24  to 50 cents for each vessel registered in this state shall be

25  transferred to the Save the Manatee Trust Fund in accordance

26  with the provisions of s. 370.12(5)(b) for use by those

27  facilities approved to rescue, rehabilitate, and release

28  manatees as authorized pursuant to the Fish and Wildlife

29  Service of the United States Department of the Interior.

30         (c)  Two dollars from each noncommercial vessel

31  registration fee, except that for class A-1 vessels, shall be

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




  1  transferred to the Aquatic Plant Control Trust Fund for

  2  aquatic weed research and control.

  3         (d)  Forty percent of the registration fees from

  4  commercial vessels shall be used for law enforcement and

  5  quality control programs.

  6         (e)  Forty percent of the registration fees from

  7  commercial vessels shall be transferred to the Aquatic Plant

  8  Control Trust Fund for aquatic plant research and control.

  9         (f)  Notwithstanding any other provision of this

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

11  fees from the registration of personal watercraft shall not be

12  transferred from the Marine Resources Conservation Trust Fund

13  and may only be appropriated for on-the-water enforcement of

14  boating laws, rules, and ordinances and for boating safety

15  education and training.

16         Section 4.  Section 327.39, Florida Statutes, is

17  amended to read:

18         327.39  Personal watercraft; additional regulations

19  regulated.--

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

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

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

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

24  the United States Coast Guard.

25         (2)  A person operating a personal watercraft equipped

26  by the manufacturer with a lanyard type engine cutoff switch

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

28  personal flotation device as is appropriate for the specific

29  vessel.

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

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

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




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

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

  3  this subsection while performing his or her official duties.

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

  5  operated in a reasonable and prudent manner.  Maneuvers which

  6  unreasonably or unnecessarily endanger life, limb, or

  7  property, including, but not limited to, weaving through

  8  congested vessel traffic, jumping the wake of another vessel

  9  unreasonably or unnecessarily close to such other vessel or

10  when visibility around such other vessel is obstructed, and

11  swerving at the last possible moment to avoid collision shall

12  constitute reckless operation of a vessel, as provided in s.

13  327.33(1). Any person operating a personal watercraft must

14  comply with the provisions of s. 327.33.

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

16  a personal watercraft on the waters of this state.

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

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

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

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

21  person at least 18 years of age is aboard, is attendant to the

22  operation of the personal watercraft, and is responsible for

23  any violation that occurs during the operation, and provided

24  that both persons have complied with s. 327.395 when

25  applicable.

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

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

28  personal watercraft to authorize or knowingly permit the same

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

30  of this section.

31

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




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

  2  or rented personal watercraft or any person having charge over

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

  4  to authorize or knowingly permit the watercraft to be operated

  5  by:

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

  7  this section; except that a person 16 or 17 years of age may

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

  9  person at least 18 years of age is aboard, is attendant to the

10  operation of the personal watercraft, and is responsible for

11  any violation that occurs during the operation, and provided

12  that both persons have complied with s. 327.395 when

13  applicable; or

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

15  safe handling of personal watercraft, in compliance with

16  standards established by the department, and signed a written

17  statement attesting to the same.

18         (c)  Any person who violates this subsection commits

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

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

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

22  in a professional exhibition or a person preparing to

23  participate or participating in a regatta, race, marine

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

25  327.48.

26         Section 5.  Effective July 1, 2000, paragraph (a) of

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

28  327.39, Florida Statutes, are amended to read:

29         327.39  Personal watercraft; additional regulations.--

30         (5)(a)  No person under the age of 15 14 shall operate

31  any personal watercraft on the waters of this state.

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




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

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

  3  personal watercraft to authorize or knowingly permit the same

  4  to be operated by a person under 15 14 years of age in

  5  violation of this section.

  6         Section 6.  Effective July 1, 2001, paragraph (a) of

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

  8  327.39, Florida Statutes, are amended to read:

  9         327.39  Personal watercraft; additional regulations.--

10         (5)(a)  No person under the age of 16 15 shall operate

11  any personal watercraft on the waters of this state.

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

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

14  personal watercraft to authorize or knowingly permit the same

15  to be operated by a person under 16 15 years of age in

16  violation of this section.

17         Section 7.  Present subsection (6) of section 327.395,

18  Florida Statutes, is amended, present subsections (6), (7),

19  (8), and (9) are renumbered as subsections (7), (8), (9), and

20  (10), respectively, and a new subsection (6) is added to that

21  section to read:

22         327.395  Boating safety identification cards.--

23         (6)  Every person operating a vessel on the waters of

24  this state shall carry and have available for inspection

25  photographic identification indicating the operator's date of

26  birth. As used in this section, "photographic identification"

27  means, and is limited to:  an unexpired and otherwise valid

28  driver license; a state identification card issued by any

29  state of the United States or its territories or the District

30  of Columbia, showing a photograph and signature of the person

31  to whom it is issued; a United States Government Resident

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




  1  Alien Identification Card; a valid passport; a United States

  2  Military identification card; or a student identification card

  3  issued by an accredited educational institution as defined in

  4  s. 196.012.

  5         (7)(6)  A person who violates this section commits is

  6  guilty of a noncriminal infraction, punishable as provided in

  7  s. 327.73.

  8         Section 8.  Section 327.49, Florida Statutes, is

  9  created to read:

10         327.49  Testing vessels and vessel

11  motors.--Manufacturers of vessels and vessel motors operating

12  vessel and vessel motor test facilities shall be authorized to

13  test such vessels, vessel motors, or combinations thereof on

14  the waters of the state to ensure that they meet generally

15  accepted boating safety standards; provided that the testing

16  of such vessels, vessel motors, or combinations thereof must

17  not adversely impact the safety of the boating public.

18         Section 9.  Section 327.54, Florida Statutes, is

19  amended to read:

20         327.54  Liveries; safety regulations; penalty.--

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

22  vessel to any person:

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

24  vessel exceeds the number considered to constitute a maximum

25  safety load for the vessel as specified on the authorized

26  persons capacity plate of the vessel.

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

28  capacity of the vessel.

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

30  safety equipment required under s. 327.50.

31         (d)  When the vessel is not seaworthy.

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




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

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

  3  prerental or preride instruction that includes, but need not

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

  5  livery.

  6         1.  Operational characteristics of the vessel.

  7         2.  Laws and regulations, navigation rules, and

  8  personal responsibility.

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

10

11  Any person delivering the information specified in this

12  paragraph must have successfully completed a boater safety

13  course approved by the National Association of State Boating

14  Law Administrators and this state.

15         (f)  Unless the livery displays boating safety

16  information in a place visible to the renting public.

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

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

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

20  such person presents a valid boater safety identification card

21  to the livery.

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

23  shall notify the proper authorities.

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

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

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

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

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

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

30  watercraft if a person at least 18 years of age is aboard, is

31  attendant to the operation of the personal watercraft, and is

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




  1  responsible for any violation that occurs during the

  2  operation, and provided that both have complied with s.

  3  327.395 when applicable.

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

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

  6  livery displays boating safety information about the safe and

  7  proper operation of vessels.

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

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

10  signature by the lessee that he or she has received

11  instruction in the safe handling of the personal watercraft,

12  in compliance with standards established by the department,

13  and signed a written statement attesting to the same.

14         (5)  Limitation of liability of liveries shall be

15  governed by the provisions of 46 U.S.C. Appendix ss. 181-189.

16         (6)  A livery may not lease, hire, or rent any personal

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

18  watercraft unless the livery first obtains and carries in full

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

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

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

22  the operation of the personal watercraft. The insurance policy

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

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

25  insurance available for inspection at the location where

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

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

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

29  insurance policy number.

30

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




  1         (7)(5)  Any person convicted of violating this section

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

  3  provided in s. 775.082 or s. 775.083.

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

  5  (2), (3), and (4), its liability ceases and the person leasing

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

  7  this chapter and is personally liable for any accident or

  8  injury occurring while in charge of such vessel.

  9         Section 10.  For the purpose of incorporating the

10  amendments to sections 327.39 and 327.395, Florida Statutes,

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

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

13  read:

14         327.73  Noncriminal infractions.--

15         (1)  Violations of the following provisions of the

16  vessel laws of this state are noncriminal infractions:

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

18  personal watercraft.

19         (s)  Section 327.395, relating to boater safety

20  education.

21

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

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

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

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

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

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

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

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

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

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

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    Florida Senate - 1999                                  SB 1944
    15-344A-99                                              See HB




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

  2  775.082 or s. 775.083. A written warning to this effect shall

  3  be provided at the time such uniform boating citation is

  4  issued.

  5         Section 11.  Except as otherwise provided in this act,

  6  this act shall take effect July 1, 1999.

  7

  8            *****************************************

  9                       LEGISLATIVE SUMMARY

10
      Redefines "personal watercraft" and classifies all
11    personal watercraft as class A-2 vessels. Provides
      requirements for display of antique vessel registration
12    numbers and decals. Restricts use of personal watercraft
      registration fees to boating safety education and
13    on-the-water enforcement of boating regulations. Revises
      requirements for personal watercraft operation, relating
14    to authorized flotation devices, times of operation, and
      reckless or careless operation. Raises minimum age for
15    operation from 14 to 16, over a 2-year period. Requires
      certain adult supervision of operators age 16 or 17.
16    Prohibits leasing, hiring, or renting personal watercraft
      to anyone who is under age 18 or who has not received
17    approved safety instruction. Requires all vessel
      operators to carry certain photographic identification.
18    Authorizes manufacturers to test vessels and vessel
      motors on the waters of the state to ensure safety.
19    Revises requirements for lease, hiring, or rental of
      vessels by liveries, relating to prerental or preride
20    instruction, provision of safety information and
      instruction. Raises the minimum age for lease, hiring, or
21    rental from 16 to 18. Provides that the limitation of
      liability for liveries shall be governed by federal law,
22    and requires certain insurance coverage. Provides
      penalties. (See bill for details.)
23

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