House Bill 0023

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    Florida House of Representatives - 2000                  HB 23

        By Representative Crow






  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         classifying all personal watercraft as class

25         A-2 vessels; providing requirements for display

26         of antique vessel registration numbers and

27         decals; amending s. 328.76, F.S.; providing for

28         distribution and use of registration fees for

29         personal watercraft; providing effective dates.

30

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

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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 sunset and the hours from one-half hour after

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

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

  2  this 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 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.

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

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

27  personal watercraft to authorize or knowingly permit the same

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

29  of this section.

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

31  or rented personal watercraft or any person having charge over

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

  2  to authorize or knowingly permit the watercraft to be operated

  3  by:

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

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

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

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

  8  operation of the personal watercraft, and is responsible for

  9  any violation that occurs during the operation, and provided

10  that both persons have complied with s. 327.395 when

11  applicable; or

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

13  safe handling of personal watercraft, in compliance with

14  standards established by the department, and signed a written

15  statement attesting to the same.

16         (c)  Any person who violates this subsection commits

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

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

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

20  in a professional exhibition or a person preparing to

21  participate or participating in a regatta, race, marine

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

23  327.48.

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

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

26  327.39, Florida Statutes, are amended to read:

27         327.39  Personal watercraft; additional regulations.--

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

29  any personal watercraft on the waters of this state.

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

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

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  1  personal watercraft to authorize or knowingly permit the same

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

  3  violation of this section.

  4         Section 4.  Section 327.49, Florida Statutes, is

  5  created to read:

  6         327.49  Testing vessels and vessel

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

  8  vessel and vessel motor test facilities shall be authorized to

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

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

11  accepted boating safety standards; provided that the testing

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

13  not adversely impact the safety of the boating public.

14         Section 5.  Section 327.54, Florida Statutes, is

15  amended to read:

16         327.54  Liveries; safety regulations; penalty.--

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

18  vessel to any person:

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

20  vessel exceeds the number considered to constitute a maximum

21  safety load for the vessel as specified on the authorized

22  persons capacity plate of the vessel.

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

24  capacity of the vessel.

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

26  safety equipment required under s. 327.50.

27         (d)  When the vessel is not seaworthy.

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

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

30  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 6.  For the purpose of incorporating the

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

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

  9  Florida Statutes, is reenacted to read:

10         327.73  Noncriminal infractions.--

11         (1)  Violations of the following provisions of the

12  vessel laws of this state are noncriminal infractions:

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

14  personal watercraft.

15

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

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

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

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

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

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

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

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

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

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

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

27  775.082 or s. 775.083. A written warning to this effect shall

28  be provided at the time such uniform boating citation is

29  issued.

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  1         Section 7.  Subsection (1) and paragraphs (b) and (c)

  2  of subsection (2) of section 328.72, Florida Statutes, are

  3  amended to read:

  4         328.72  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 displayed as provided in ss. 328.48 and 328.54.

  7         (c)  The Department of Highway Safety and Motor

  8  Vehicles may issue a decal identifying the vessel as an

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

10  ss. 328.48 327.11 and 328.54 327.14.

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

12  Statutes, is amended to read:

13         328.76  Marine Resources Conservation Trust Fund;

14  vessel registration funds; appropriation and distribution.--

15         (1)  Except as otherwise specified and less any

16  administrative costs, all funds collected from the

17  registration of vessels through the Department of Highway

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

19  shall be deposited in the Marine Resources Conservation Trust

20  Fund for recreational channel marking; public launching

21  facilities; law enforcement and quality control programs;

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

23  rehabilitation, and release; and marine mammal protection and

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

25  be transferred as follows:

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

27  each vessel registered in this state shall be transferred to

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

29  research, protection, and recovery in accordance with the

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

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

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

  3  transferred to the Save the Manatee Trust Fund in accordance

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

  5  facilities approved to rescue, rehabilitate, and release

  6  manatees as authorized pursuant to the Fish and Wildlife

  7  Service of the United States Department of the Interior.

  8         (c)  Two dollars from each noncommercial vessel

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

10  transferred to the Invasive Plant Control Trust Fund for

11  aquatic weed research and control.

12         (d)  Forty percent of the registration fees from

13  commercial vessels shall be used for law enforcement and

14  quality control programs.

15         (e)  Forty percent of the registration fees from

16  commercial vessels shall be transferred to the Invasive Plant

17  Control Trust Fund for aquatic plant research and control.

18         (f)  Notwithstanding any other provision of this

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

20  fees from the registration of personal watercraft shall not be

21  transferred from the Marine Resources Conservation Trust Fund

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

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

24  education and training. However, counties shall continue to

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

26         Section 9.  Except as otherwise provided herein, this

27  act shall take effect July 1, 2000.

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

  2                          HOUSE SUMMARY

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