Senate Bill 1944e1

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

  2         creating s. 380.275, F.S.; providing for a

  3         cooperative effort among state agencies and

  4         local governments to plan for and assist in the

  5         placement of rip current warning signs;

  6         providing that the Department of Community

  7         Affairs shall direct and coordinate the

  8         program; requiring the development of a uniform

  9         rip current warning sign; authorizing the

10         department to coordinate the location,

11         distribution, and erection of rip current

12         warning signs; providing for rules; limiting

13         the liability of participating governmental

14         entities; providing effective dates.

15

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

17

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

19  Statutes, 1998 Supplement, is amended to read:

20         327.02  Definitions of terms used in this chapter and

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

22  unless the context clearly requires a different meaning, the

23  term:

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

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

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

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

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

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

30  manner of sitting or standing inside the vessel.

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

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

  3  amended to read:

  4         327.25  Classification; registration; fees and charges;

  5  surcharge; disposition of fees; fines; marine turtle

  6  stickers.--

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

  8  required to be registered shall be classified for registration

  9  purposes according to the following schedule, and the

10  registration certificate fee shall be in the following

11  amounts:

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

13  to which propulsion motors have been attached, regardless of

14  length...................................................$3.50

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

16  length, and all personal watercraft, regardless of length

17  .........................................................10.50

18  (To county)...............................................2.85

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

20  length...................................................18.50

21  (To county)...............................................8.85

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

23  length...................................................50.50

24  (To county)..............................................32.85

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

26  length...................................................82.50

27  (To county)..............................................56.85

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

29  length...................................................98.50

30  (To county)..............................................68.85

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


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  1  (To county)..............................................86.85

  2         Dealer registration certificate ..................16.50

  3         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

  4         (b)  The registration number for an antique vessel

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

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

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

  8  327.14.

  9         (c)  The Department of Highway Safety and Motor

10  Vehicles may issue a decal identifying the vessel as an

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

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

13  registration number.

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

15  Statutes, is amended to read:

16         327.28  Marine Resources Conservation Trust Fund;

17  vessel registration funds; appropriation and distribution.--

18         (1)  Except as otherwise specified and less any

19  administrative costs, all funds collected from the

20  registration of vessels through the Department of Highway

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

22  shall be deposited in the Marine Resources Conservation Trust

23  Fund for recreational channel marking; public launching

24  facilities; law enforcement and quality control programs;

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

26  rehabilitation, and release; and marine mammal protection and

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

28  be transferred as follows:

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

30  each vessel registered in this state shall be transferred to

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


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  1  research, protection, and recovery in accordance with the

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

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

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

  5  transferred to the Save the Manatee Trust Fund in accordance

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

  7  facilities approved to rescue, rehabilitate, and release

  8  manatees as authorized pursuant to the Fish and Wildlife

  9  Service of the United States Department of the Interior.

10         (c)  Two dollars from each noncommercial vessel

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

12  transferred to the Aquatic Plant Control Trust Fund for

13  aquatic weed research and control.

14         (d)  Forty percent of the registration fees from

15  commercial vessels shall be used for law enforcement and

16  quality control programs.

17         (e)  Forty percent of the registration fees from

18  commercial vessels shall be transferred to the Aquatic Plant

19  Control Trust Fund for aquatic plant research and control.

20         (f)  Notwithstanding any other provision of this

21  subsection and except as provided in paragraphs (a) and (b)

22  and s. 327.25(1), fees from the registration of personal

23  watercraft shall not be transferred from the Marine Resources

24  Conservation Trust Fund and may only be appropriated for

25  on-the-water enforcement of boating laws, rules, and

26  ordinances and for boating safety education and training.

27         Section 4.  Section 327.39, Florida Statutes, is

28  amended to read:

29         327.39  Personal watercraft; additional regulations

30  regulated.--

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

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

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

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

  5  the United States Coast Guard.

  6         (2)  A person operating a personal watercraft equipped

  7  by the manufacturer with a lanyard type engine cutoff switch

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

  9  personal flotation device as is appropriate for the specific

10  vessel.

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

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

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

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

15  this subsection while performing his or her official duties.

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

17  operated in a reasonable and prudent manner.  Maneuvers which

18  unreasonably or unnecessarily endanger life, limb, or

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

20  congested vessel traffic, jumping the wake of another vessel

21  unreasonably or unnecessarily close to such other vessel or

22  when visibility around such other vessel is obstructed, and

23  swerving at the last possible moment to avoid collision shall

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

25  327.33(1). Any person operating a personal watercraft must

26  comply with the provisions of s. 327.33.

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

28  a personal watercraft on the waters of this state.

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

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

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


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

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

  3  operation of the personal watercraft, and is responsible for

  4  any violation that occurs during the operation, and provided

  5  that both persons have complied with s. 327.395 when

  6  applicable.

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

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

  9  personal watercraft to authorize or knowingly permit the same

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

11  of this section.

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

13  or rented personal watercraft or any person having charge over

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

15  to authorize or knowingly permit the watercraft to be operated

16  by:

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

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

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

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

21  operation of the personal watercraft, and is responsible for

22  any violation that occurs during the operation, and provided

23  that both persons have complied with s. 327.395 when

24  applicable; or

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

26  safe handling of personal watercraft, in compliance with

27  standards established by the department, and signed a written

28  statement attesting to the same.

29         (c)  Any person who violates this subsection commits

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

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


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

  2  in a professional exhibition or a person preparing to

  3  participate or participating in a regatta, race, marine

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

  5  327.48.

  6         Section 5.  Effective July 1, 2000, 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 15 14 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 15 14 years of age in

16  violation of this section.

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

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

19  327.39, Florida Statutes, are amended to read:

20         327.39  Personal watercraft; additional regulations.--

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

22  any personal watercraft on the waters of this state.

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

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

25  personal watercraft to authorize or knowingly permit the same

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

27  violation of this section.

28         Section 7.  Subsection (6) of section 327.395, Florida

29  Statutes, is amended to read:

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

  2  guilty of a noncriminal infraction, punishable as provided in

  3  s. 327.73.

  4         Section 8.  Section 327.49, Florida Statutes, is

  5  created to read:

  6         327.49  Boating safety standards for testing vessels

  7  and vessel motors.--Manufacturers of vessels and vessel motors

  8  operating vessel and vessel motor test facilities shall be

  9  authorized to test such vessels, vessel motors, or

10  combinations thereof on the waters of the state to ensure that

11  they meet generally accepted boating safety standards;

12  provided that the testing of such vessels, vessel motors, or

13  combinations thereof must not adversely impact the safety of

14  the boating public.

15         Section 9.  Section 327.54, Florida Statutes, is

16  amended to read:

17         327.54  Liveries; safety regulations; penalty.--

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

19  vessel to any person:

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

21  vessel exceeds the number considered to constitute a maximum

22  safety load for the vessel as specified on the authorized

23  persons capacity plate of the vessel.

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

25  capacity of the vessel.

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

27  safety equipment required under s. 327.50.

28         (d)  When the vessel is not seaworthy.

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

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

31  prerental or preride instruction that includes, but need not


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

  2  livery.

  3         1.  Operational characteristics of the vessel.

  4         2.  Safe vessel operation, vessel right-of-way, and

  5  responsibility of the vessel operator for the safe and proper

  6  operation of the vessel.

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

  8

  9  Any person delivering the information specified in this

10  paragraph must have successfully completed a boater safety

11  course approved by the National Association of State Boating

12  Law Administrators and this state.

13         (f)  Unless the livery displays boating safety

14  information in a place visible to the renting public.

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

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

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

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

30  responsible for any violation that occurs during the

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

  2  327.395 when applicable.

  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)  Limitation of liability of liveries shall be

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

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

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

17  watercraft unless the livery first obtains and carries in full

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

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

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

21  the operation of the personal watercraft. The insurance policy

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

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

24  insurance available for inspection at the location where

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

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

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

28  insurance policy number.

29         (7)(5)  Any person convicted of violating this section

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

31  provided in s. 775.082 or s. 775.083.


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

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

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

  4  this chapter and is personally liable for any accident or

  5  injury occurring while in charge of such vessel.

  6         Section 10.  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.

18

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 11.  Effective October 1, 1999, section

  4  380.275, Florida Statutes, is created to read:

  5         380.275  Beaches and coastal areas; posting of rip

  6  current warning signs.--

  7         (1)  It is the intent of the Legislature that a

  8  cooperative effort among state agencies and local governments

  9  be developed to plan for and assist in the placement of rip

10  current warning signs along the public beaches and coastal

11  areas of the state.  A rip current is a strong surface current

12  of water flowing out past the surf zone which can pull even

13  the strongest swimmer into deeper water.  Rip currents pose a

14  significant danger of drowning to tourists and the public, and

15  it is therefore important to warn the public to be cautious in

16  coastal areas where rip currents can occur.

17         (2)  The Department of Community Affairs, through the

18  Florida Coastal Management Program, shall direct and

19  coordinate the rip current warning sign program, which shall

20  be a program to require the placement of rip current warning

21  signs in areas that pose a significant risk to the public as a

22  result of rip currents.  Signs shall be located where the

23  public has established an access way to a beach or coastal

24  area.

25         (3)  The department shall develop a uniform rip current

26  warning sign for use at any public beach or along any coastal

27  area where there may be a significant threat to the public as

28  a result of rip currents, to be placed, insofar as is

29  practicable, wherever the public has established access ways

30  to the beach.

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  1         (4)  The department shall, within the limits of

  2  appropriations available to it for such purposes, establish

  3  and operate a program to fund the placement of rip current

  4  warning signs in areas where the public has established an

  5  access way to a beach or coastal area that may be subject to a

  6  significant threat of dangerous rip currents and therefore may

  7  pose a hazard to the public.  The department shall coordinate

  8  efforts to determine the locations that local governments

  9  consider appropriate for placement of rip current warning

10  signs.  For these locations, the department shall make rip

11  current warning signs available to the governing body of any

12  county or municipality in such quantity as is determined by

13  the department.  The department shall also coordinate with the

14  local governing body the distribution and erection of rip

15  current warning signs, whenever there is a request for such

16  assistance.

17         (5)  The department shall adopt such rules and forms as

18  are necessary to carry out the purposes of this section and to

19  ensure that all projects to which assistance is rendered under

20  this section are for the purpose of providing and erecting rip

21  current warning signs.

22         (6)  The state, state agencies, local governments, and

23  local government agencies shall not be held liable for any

24  injury caused by the placement or maintenance of rip current

25  warning signs or the failure to install or maintain rip

26  current signs as provided by this section.

27         Section 12.  Except as otherwise provided in this act,

28  this act shall take effect July 1, 1999.

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