Senate Bill 0148c1

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    Florida Senate - 2000                            CS for SB 148

    By the Committee on Transportation and Senator Kurth





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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. 327.39, F.S.; revising requirements

  5         for operation of a personal watercraft relating

  6         to authorized flotation devices, times of

  7         operation, reckless or careless operation, and

  8         minimum age for operation; prohibiting lease,

  9         hiring, or rental to certain persons; providing

10         a penalty; creating s. 327.49, F.S.;

11         authorizing certain testing of vessels and

12         vessel motors on the waters of the state;

13         amending s. 327.54, F.S.; revising requirements

14         for lease, hiring, or rental of vessels by

15         liveries, relating to prerental or preride

16         instruction, minimum age for rental, safety

17         information and instruction, and limitation of

18         liability; requiring liveries to carry certain

19         insurance coverage; providing a penalty;

20         reenacting s. 327.73(1)(p), F.S., relating to a

21         penalty for violation of vessel laws, to

22         incorporate the amendment to s. 327.39, F.S.,

23         in a reference; amending s. 328.72, F.S.;

24         providing requirements for display of antique

25         vessel registration numbers and decals;

26         amending s. 328.76, F.S.; providing for

27         distribution and use of registration fees for

28         personal watercraft; providing effective dates.

29

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

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    Florida Senate - 2000                            CS for SB 148
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  1         Section 1.  Subsection (27) of section 327.02, Florida

  2  Statutes, is amended to read:

  3         327.02  Definitions of terms used in this chapter and

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

  5  unless the context clearly requires a different meaning, the

  6  term:

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

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

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

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

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

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

13  manner of sitting or standing inside the vessel.

14         Section 2.  Section 327.39, Florida Statutes, is

15  amended to read:

16         327.39  Personal watercraft; additional regulations

17  regulated.--

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

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

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

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

22  the United States Coast Guard.

23         (2)  A person operating a personal watercraft equipped

24  by the manufacturer with a lanyard type engine cutoff switch

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

26  personal flotation device as is appropriate for the specific

27  vessel.

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

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

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

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    Florida Senate - 2000                            CS for SB 148
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  1  a fire or emergency rescue service is exempt from this

  2  subsection while performing his or her official duties.

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

  4  operated in a reasonable and prudent manner.  Maneuvers which

  5  unreasonably or unnecessarily endanger life, limb, or

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

  7  congested vessel traffic, jumping the wake of another vessel

  8  unreasonably or unnecessarily close to such other vessel or

  9  when visibility around such other vessel is obstructed, and

10  swerving at the last possible moment to avoid collision shall

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

12  327.33(1). Any person operating a personal watercraft must

13  comply with the provisions of s. 327.33.

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

15  a personal watercraft on the waters of this state.

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

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

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

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

20  accompanied by a person at least 18 years of age who is

21  present at the time of rental and who is on board and in

22  command during all phases of operation, and provided that both

23  persons have complied with s. 327.395 when applicable.

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

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

26  personal watercraft to authorize or knowingly permit the same

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

28  of this section.

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

30  or rented personal watercraft or any person having charge over

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

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    Florida Senate - 2000                            CS for SB 148
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  1  to authorize or knowingly permit the watercraft to be operated

  2  by:

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

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

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

  6  accompanied by a person at least 18 years of age, who is

  7  present at the time of rental and who is on board and in

  8  command during all phases of operation, and provided that both

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

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

11  safe handling of personal watercraft, in compliance with rules

12  established by the commission, and signed a written statement

13  attesting to the same.  The commission shall establish rules

14  prescribing the instructions to be given, which shall take

15  into account the nature and operational characteristics of

16  personal watercraft and general principles and regulations

17  pertaining to boating safety.

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

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

28  327.39, Florida Statutes, as amended by this act, are amended

29  to read:

30         327.39  Personal watercraft regulated.--

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    Florida Senate - 2000                            CS for SB 148
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  1         (5)(a)  No person under the age of 15 14 shall operate

  2  any personal watercraft on the waters of this state.

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

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

  5  personal watercraft to authorize or knowingly permit the same

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

  7  violation of this section.

  8         Section 4.  Section 327.49, Florida Statutes, is

  9  created to read:

10         327.49  Testing vessels and vessel motors.--Subject to

11  reasonable rules adopted by the commission, manufacturers of

12  vessels and vessel motors operating vessel and vessel motor

13  test facilities shall be authorized to test such vessels,

14  vessel motors, or combinations thereof on the waters of the

15  state to ensure that they meet generally accepted boating

16  safety standards.

17         Section 5.  Section 327.54, Florida Statutes, is

18  amended to read:

19         327.54  Liveries; safety regulations; penalty.--

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

21  vessel to any person:

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

23  vessel exceeds the number considered to constitute a maximum

24  safety load for the vessel as specified on the authorized

25  persons capacity plate of the vessel.

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

27  capacity of the vessel.

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

29  safety equipment required under s. 327.50.

30         (d)  When the vessel is not seaworthy.

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    Florida Senate - 2000                            CS for SB 148
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  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:

  5         1.  Operational characteristics of the vessel to be

  6  rented.

  7         2.  Safe vessel operation and vessel right-of-way.

  8         3.  The responsibility of the vessel operator for the

  9  safe and proper operation of the vessel.

10         4.  Local characteristics of the waterway where the

11  vessel will be operated.

12

13  Any person delivering the information specified in this

14  paragraph must have successfully completed a boater safety

15  course approved by the National Association of State Boating

16  Law Administrators and this state.

17         (f)  Unless the livery displays boating safety

18  information in a place visible to the renting public.  The

19  commission shall prescribe, by rule, the contents and size of

20  the boating safety information to be displayed. in the safe

21  operation of the vessel by the livery.

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

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

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

25  such person presents a valid boater safety identification card

26  to the livery.

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

28  shall notify the proper authorities.

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

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

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

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    Florida Senate - 2000                            CS for SB 148
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  1  watercraft to be operated by a person who is under 18 years of

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

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

  4  watercraft if accompanied by a person at least 18 years of

  5  age, who is present at the time of rental and who is on board

  6  and in command during all phases of operation, and provided

  7  that both have complied with s. 327.395 when applicable.

  8  lease, hire, or rent such watercraft or other vessel to any

  9  other person, unless the livery displays boating safety

10  information about the safe and proper operation of vessels and

11  requires a signature by the lessee that he or she has

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

13  personal watercraft to any person who has not received

14  instruction in the safe handling of the personal watercraft,

15  in compliance with rules standards established by the

16  commission, and signed a written statement attesting to the

17  same department.

18         (5)  A livery may not lease, hire, or rent any personal

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

20  watercraft unless the livery first obtains and carries in full

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

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

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

24  the operation of the personal watercraft. The insurance policy

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

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

27  insurance available for inspection at the location where

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

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

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

31  insurance policy number.

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    Florida Senate - 2000                            CS for SB 148
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  1         (6)(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 6.  For the purpose of incorporating the

10  amendment to section 327.39, Florida Statutes, in a reference

11  thereto, paragraph (p) of subsection (1) of section 327.73,

12  Florida Statutes, is reenacted to read:

13         327.73  Noncriminal infractions.--

14         (1)  Violations of the following provisions of the

15  vessel laws of this state are noncriminal infractions:

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

17  personal watercraft.

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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    Florida Senate - 2000                            CS for SB 148
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  1  be provided at the time such uniform boating citation is

  2  issued.

  3         Section 7.  Paragraphs (b) and (c) of subsection (2) of

  4  section 328.72, Florida Statutes, are amended to read:

  5         328.72  Classification; registration; fees and charges;

  6  surcharge; disposition of fees; fines; marine turtle

  7  stickers.--

  8         (2)  ANTIQUE VESSEL REGISTRATION FEE.--

  9         (b)  The registration number for an antique vessel

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

11  of the vessel displayed as provided in ss. 328.48 and 328.54.

12         (c)  The Department of Highway Safety and Motor

13  Vehicles may issue a decal identifying the vessel as an

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

15  ss. 328.48 327.11 and 328.54 327.14.

16         Section 8.  Subsection (1) of section 328.76, Florida

17  Statutes, is amended to read:

18         328.76  Marine Resources Conservation Trust Fund;

19  vessel registration funds; appropriation and distribution.--

20         (1)  Except as otherwise specified and less any

21  administrative costs, all funds collected from the

22  registration of vessels through the Department of Highway

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

24  shall be deposited in the Marine Resources Conservation Trust

25  Fund for recreational channel marking; public launching

26  facilities; law enforcement and quality control programs;

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

28  rehabilitation, and release; and marine mammal protection and

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

30  be transferred as follows:

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    Florida Senate - 2000                            CS for SB 148
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  1         (a)  In each fiscal year, an amount equal to $1 for

  2  each vessel registered in this state shall be transferred to

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

  4  research, protection, and recovery in accordance with the

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

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

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

  8  transferred to the Save the Manatee Trust Fund in accordance

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

10  facilities approved to rescue, rehabilitate, and release

11  manatees as authorized pursuant to the Fish and Wildlife

12  Service of the United States Department of the Interior.

13         (c)  Two dollars from each noncommercial vessel

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

15  transferred to the Invasive Plant Control Trust Fund for

16  aquatic weed research and control.

17         (d)  Forty percent of the registration fees from

18  commercial vessels shall be used for law enforcement and

19  quality control programs.

20         (e)  Forty percent of the registration fees from

21  commercial vessels shall be transferred to the Invasive Plant

22  Control Trust Fund for aquatic plant research and control.

23         (f)  Notwithstanding any other provision of this

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

25  (c), fees from the registration of personal watercraft shall

26  not be transferred from the Marine Resources Conservation

27  Trust Fund and may only be appropriated for increased

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

29  ordinances.  However, counties shall continue to receive the

30  share of the fees provided in s. 328.72(1).

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    Florida Senate - 2000                            CS for SB 148
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  1         Section 9.  Except as otherwise provided in this act,

  2  this act shall take effect July 1, 2000.

  3

  4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  5                              SB 148

  6

  7
    The CS restores the provision currently in statute prohibiting
  8  the operation of personal watercraft between the hours from
    one-half hour after sunset to one-half hour before sunrise.
  9
    The CS deletes a provision raising the minimum age for
10  personal watercraft to 16 in 2002.

11  The CS provides the Florida Fish and Wildlife Conservation
    Commission with additional rulemaking authority relating to
12  safety instructions and posting of safety information.

13  The CS deletes the increase in registration fees for personal
    watercraft.
14
    The CS modifies certain guidelines for the operation of a
15  rented personal watercraft by persons younger than 18 years of
    age.
16
    Deletes the provision creating the rip current warning sign
17  program.

18  The CS clarifies fees from registration of personal watercraft
    may be used for aquatic weed research and control
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