Senate Bill 0148

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    Florida Senate - 2000                                   SB 148

    By Senator Kurth





    15-41-00

  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.; providing a penalty;

18         creating s. 327.49, F.S.; authorizing certain

19         testing of vessels and vessel motors on the

20         waters of the state; amending s. 327.54, F.S.;

21         revising requirements for lease, hiring, or

22         rental of vessels by liveries, relating to

23         prerental or preride instruction, minimum age

24         for rental, safety information and instruction,

25         and limitation of liability; requiring liveries

26         to carry certain insurance coverage; providing

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

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

29         vessel laws, to incorporate the amendments to

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

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

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  1         cooperative effort among state agencies and

  2         local governments to plan for and assist in the

  3         placement of rip current warning signs;

  4         providing that the Department of Community

  5         Affairs shall direct and coordinate the

  6         program; requiring the development of a uniform

  7         rip current warning sign; authorizing the

  8         department to coordinate the location,

  9         distribution, and erection of rip current

10         warning signs; providing for rules; limiting

11         the liability of participating governmental

12         entities; providing effective dates.

13

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

15

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

17  Statutes, is amended to read:

18         327.02  Definitions of terms used in this chapter and

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

20  unless the context clearly requires a different meaning, the

21  term:

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

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

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

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

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

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

28  manner of sitting or standing inside the vessel.

29         Section 2.  Subsections (1) and (2) of section 328.72,

30  Florida Statutes, are amended to read:

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  1         328.72  Classification; registration; fees and charges;

  2  surcharge; disposition of fees; fines; marine turtle

  3  stickers.--

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

  5  required to be registered shall be classified for registration

  6  purposes according to the following schedule, and the

  7  registration certificate fee shall be in the following

  8  amounts:

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

10  to which propulsion motors have been attached, regardless of

11  length...................................................$3.50

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

13  length, and all personal watercraft, regardless of length

14  .........................................................10.50

15  (To county)...............................................2.85

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

17  length...................................................18.50

18  (To county)...............................................8.85

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

20  length...................................................50.50

21  (To county)..............................................32.85

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

23  length...................................................82.50

24  (To county)..............................................56.85

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

26  length...................................................98.50

27  (To county)..............................................68.85

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

29  (To county)..............................................86.85

30         Dealer registration certificate ..................16.50

31         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

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  1         (a)  A vessel that is at least 30 years old, used only

  2  for noncommercial purposes, and powered by the vessel's

  3  original-type power plant may be registered as an antique

  4  vessel.  When applying for registration as an antique vessel,

  5  the owner of such a vessel shall submit certification, as

  6  prescribed by the Department of Highway Safety and Motor

  7  Vehicles or from a marine surveyor that the vessel meets the

  8  requirements of this paragraph.

  9         (b)  The registration number for an antique vessel

10  shall be displayed as provided in ss. 328.48 and 328.54.

11         (c)  The Department of Highway Safety and Motor

12  Vehicles may issue a decal identifying the vessel as an

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

14  ss. 328.48 327.11 and 328.54 327.14.

15         Section 3.  Subsection (1) of section 328.76, Florida

16  Statutes, is amended to read:

17         328.76  Marine Resources Conservation Trust Fund;

18  vessel registration funds; appropriation and distribution.--

19         (1)  Except as otherwise specified and less any

20  administrative costs, all funds collected from the

21  registration of vessels through the Department of Highway

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

23  shall be deposited in the Marine Resources Conservation Trust

24  Fund for recreational channel marking; public launching

25  facilities; law enforcement and quality control programs;

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

27  rehabilitation, and release; and marine mammal protection and

28  recovery. The funds collected pursuant to s. 328.72(1) shall

29  be transferred as follows:

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

31  each vessel registered in this state shall be transferred to

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

  2  research, protection, and recovery in accordance with the

  3  provisions of s. 370.12(4)(a).

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

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

  6  transferred to the Save the Manatee Trust Fund in accordance

  7  with the provisions of s. 370.12(4)(b) for use by those

  8  facilities approved to rescue, rehabilitate, and release

  9  manatees as authorized pursuant to the Fish and Wildlife

10  Service of the United States Department of the Interior.

11         (c)  Two dollars from each noncommercial vessel

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

13  transferred to the Invasive Plant Control Trust Fund for

14  aquatic weed research and control.

15         (d)  Forty percent of the registration fees from

16  commercial vessels shall be used for law enforcement and

17  quality control programs.

18         (e)  Forty percent of the registration fees from

19  commercial vessels shall be transferred to the Invasive Plant

20  Control Trust Fund for aquatic plant research and control.

21         (f)  Notwithstanding any other provision of this

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

23  and in s. 328.72(1), fees from the registration of personal

24  watercraft may not be transferred from the Marine Resources

25  Conservation Trust Fund and may be appropriated only for

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

27  ordinances and for boating-safety education and training.

28         Section 4.  Section 327.39, Florida Statutes, is

29  amended to read:

30         327.39  Personal watercraft; additional regulations

31  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)  A person under the age of 18 may not 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 such watercraft if a person at least 18 years of age

  2  is aboard, is attendant to the operation of the watercraft,

  3  and is responsible for any violation that occurs during the

  4  operation, and if both persons have complied with s. 327.395

  5  when applicable.

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

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

  8  personal watercraft to authorize or knowingly permit the same

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

10  of this section.

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

12  or rented personal watercraft or any person having charge over

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

14  to authorize or knowingly permit the watercraft to be operated

15  by:

16         1.  Any person under 18 years of age, except that a

17  person 16 or 17 years of age may operate such watercraft if a

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

19  operation of the watercraft, and is responsible for any

20  violation that occurs during the operation, and if both

21  persons have complied with s. 327.395 when applicable; or

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

23  safe handling of personal watercraft, in compliance with

24  standards established by the department, and signed a written

25  statement attesting to the same.

26         (c)  Any person who violates this subsection commits

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

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

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

30  in a professional exhibition or a person preparing to

31  participate or participating in a regatta, race, marine

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

  2  327.48.

  3         Section 5.  Effective July 1, 2001, paragraph (a) of

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

  5  327.39, Florida Statutes, are amended to read:

  6         327.39  Personal watercraft; additional regulations.--

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

  8  any personal watercraft on the waters of this state.

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

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

11  personal watercraft to authorize or knowingly permit the same

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

13  violation of this section.

14         Section 6.  Effective July 1, 2002, paragraph (a) of

15  subsection (5) and subsection (6) of section 327.39, Florida

16  Statutes, are amended to read:

17         327.39  Personal watercraft regulated.--

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

19  personal watercraft on the waters of this state.

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

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

22  personal watercraft to authorize or knowingly permit the same

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

24  violation of this section.  Any person who violates this

25  subsection shall be guilty of a misdemeanor of the second

26  degree, punishable as provided in s. 775.082 or s. 775.083.

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

28  Statutes, is amended to read:

29         327.395  Boating safety identification cards.--

30

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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 may test

  9  them on the waters of the state to ensure that they meet

10  generally accepted boating safety standards, if such testing

11  does not adversely impact the safety of the boating public.

12         Section 9.  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 that includes: in the safe

29  operation of the vessel by the livery.

30         1.  Operational characteristics of the vessel.

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

  2  responsibility of the vessel operator for the safe and proper

  3  operation of the vessel.

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

  5

  6  Any person delivering the information specified in this

  7  paragraph must have successfully completed a boater safety

  8  course approved by the National Association of State Boating

  9  Law Administrators and this state.

10         (f)  Unless the livery displays boating safety

11  information in a place visible to the renting public.

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

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

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

15  such person presents a valid boater safety identification card

16  to the livery.

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

18  shall notify the proper authorities.

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

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

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

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

23  age, except that a livery may permit a person 16 or 17 years

24  of age to operate such watercraft if a person at least 18

25  years of age is aboard, is attendant to the operation of the

26  watercraft, and is responsible for any violation that occurs

27  during the operation, and if both persons have complied with

28  s. 327.395 when applicable.

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

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

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  1  livery displays boating safety information about the safe and

  2  proper operation of vessels.

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

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

  5  signature by the lessee that he or she has received

  6  instruction in the safe handling of the personal watercraft,

  7  in compliance with standards established by the department,

  8  and signed a written statement attesting to the same.

  9         (5)  Limitation of liability of liveries is governed by

10  46 U.S.C. Appendix ss. 181-189.

11         (6)  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 a

14  policy from a licensed insurance carrier in this state,

15  insuring against any accident, loss, injury, property damage,

16  or other casualty caused by or resulting from the operation of

17  the personal watercraft. The insurance policy must provide

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

19  event. The livery must have proof of such insurance available

20  for inspection at the location where personal watercraft are

21  being leased, hired, or rented or offered for lease, hire, or

22  rent, and shall provide to each renter the insurance carrier's

23  name and address and the insurance policy number.

24         (7)(5)  Any person convicted of violating this section

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

26  provided in s. 775.082 or s. 775.083.

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

28  (2), (3), and (4), its liability ceases and the person leasing

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

30  this chapter and is personally liable for any accident or

31  injury occurring while in charge of such vessel.

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  1         Section 10.  For the purpose of incorporating the

  2  amendments to sections 327.39 and 327.395, Florida Statutes,

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

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

  5  read:

  6         327.73  Noncriminal infractions.--

  7         (1)  Violations of the following provisions of the

  8  vessel laws of this state are noncriminal infractions:

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

10  personal watercraft.

11         (s)  Section 327.395, relating to boater safety

12  education.

13

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

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

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

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

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

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

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

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

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

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

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

25  775.082 or s. 775.083. A written warning to this effect shall

26  be provided at the time such uniform boating citation is

27  issued.

28         Section 11.  Effective October 1, 2000, section

29  380.275, Florida Statutes, is created to read:

30         380.275  Beaches and coastal areas; posting of rip

31  current warning signs.--

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

  2  cooperative effort among state agencies and local governments

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

  4  current warning signs along the public beaches and coastal

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

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

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

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

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

10  coastal areas where rip currents can occur.

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

12  Florida Coastal Management Program, shall direct and

13  coordinate the rip current warning sign program, requiring the

14  placement of rip current warning signs in areas where rip

15  currents pose a significant risk to the public.  Signs must be

16  located where the public has established an access way to a

17  beach or coastal area.

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

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

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

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

22  practicable, wherever the public has established access ways

23  to the beach.

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

25  available appropriations, establish and operate a program to

26  fund the placement of rip current warning signs in areas where

27  the public has established an access way to a beach or coastal

28  area that may be subject to a significant threat of dangerous

29  rip currents and therefore may pose a hazard to the public.

30  The department shall coordinate efforts to determine the

31  locations that local governments consider appropriate for

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  1  placement of such signs.  For these locations, the department

  2  shall make signs available to the governing body of any county

  3  or municipality in such quantity as is determined by the

  4  department.  The department shall also coordinate with the

  5  local governing body the distribution and erection of rip

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

  7  assistance.

  8         (5)  The department shall adopt rules and forms

  9  necessary for administering this section and to ensure that

10  all projects to which assistance is rendered under this

11  section are for the purpose of providing and erecting rip

12  current warning signs.

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

14  local government agencies may not be held liable for any

15  injury caused by the placement or maintenance of rip current

16  warning signs or the failure to install or maintain such

17  signs.

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

19  this act shall take effect July 1, 2000.

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  1            *****************************************

  2                          SENATE SUMMARY

  3    Redefines "personal watercraft" and classifies all
      personal watercraft as class A-2 vessels. Provides
  4    requirements for display of antique vessel registration
      numbers and decals. Restricts use of personal watercraft
  5    registration fees to boating-safety education and
      on-the-water enforcement of boating regulations. Revises
  6    requirements for personal watercraft operation relating
      to authorized flotation devices, times of operation, and
  7    reckless or careless operation. Raises minimum age for
      operation from 14 to 16 over a 2-year period. Requires
  8    certain adult supervision of operators age 16 or 17.
      Prohibits leasing, hiring, or renting personal watercraft
  9    to anyone who is under age 18 or who has not received
      approved safety instruction. Authorizes manufacturers to
10    test vessels and vessel motors on the waters of the state
      to ensure safety. Revises requirements for lease, hiring,
11    or rental of vessels by liveries, relating to prerental
      or preride instruction and provision of safety
12    information and instruction. Raises the minimum age for
      lease, hiring, or rental from 16 to 18. Provides that the
13    limitation of liability for liveries shall be governed by
      federal law, and requires certain insurance coverage.
14    Provides penalties. Provides for the erection of rip
      current warning signs by local governments and the
15    Department of Community Affairs and limits the liability
      of participating governmental entities. (See bill for
16    details.)

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