| 1 | A bill to be entitled |
| 2 | An act relating to vessel safety; amending s. 327.39, |
| 3 | F.S.; revising certain requirements for operating personal |
| 4 | watercraft; amending s. 327.54, F.S.; revising the |
| 5 | requirements relating to the boating safety course |
| 6 | required for leasing or renting a vessel or personal |
| 7 | watercraft from a livery; providing an effective date. |
| 8 |
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| 9 | Be It Enacted by the Legislature of the State of Florida: |
| 10 |
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| 11 | Section 1. Subsections (5) and (6) of section 327.39, |
| 12 | Florida Statutes, are amended to read: |
| 13 | 327.39 Personal watercraft regulated.-- |
| 14 | (5) No person under the age of 16 14 shall operate any |
| 15 | personal watercraft on the waters of this state. |
| 16 | (6)(a) It is unlawful for the owner of any personal |
| 17 | watercraft or any person having charge over or control of a |
| 18 | personal watercraft to authorize or knowingly permit the same to |
| 19 | be operated by a person under 16 14 years of age in violation of |
| 20 | this section or by a person who does not hold a boating safety |
| 21 | identification card in compliance with s. 327.395. |
| 22 | (b)1. It is unlawful for the owner of any leased, hired, |
| 23 | or rented personal watercraft, or any person having charge over |
| 24 | or control of a leased, hired, or rented personal watercraft, to |
| 25 | authorize or knowingly permit the watercraft to be operated by |
| 26 | any person who has not received instruction in the safe handling |
| 27 | of personal watercraft, in compliance with s. 327.54 and rules |
| 28 | established by the commission. |
| 29 | 2. Any person receiving instruction in the safe handling |
| 30 | of personal watercraft pursuant to s. 327.54 and any a program |
| 31 | established by rule of the commission must provide the owner of, |
| 32 | or person having charge of or control over, a leased, hired, or |
| 33 | rented personal watercraft with a written statement attesting to |
| 34 | the same. |
| 35 | 3. The commission shall have the authority to establish |
| 36 | rules pursuant to chapter 120 prescribing the instruction to be |
| 37 | given, which shall take into account the nature and operational |
| 38 | characteristics of personal watercraft and general principles |
| 39 | and regulations pertaining to boating safety. |
| 40 | (c) Any person who violates this subsection commits a |
| 41 | misdemeanor of the second degree, punishable as provided in s. |
| 42 | 775.082 or s. 775.083. |
| 43 | Section 2. Subsections (1) and (4) of section 327.54, |
| 44 | Florida Statutes, are amended to read: |
| 45 | 327.54 Liveries; safety regulations; penalty.-- |
| 46 | (1) A livery may not knowingly lease, hire, or rent a |
| 47 | vessel to any person: |
| 48 | (a) When the number of persons intending to use the vessel |
| 49 | exceeds the number considered to constitute a maximum safety |
| 50 | load for the vessel as specified on the authorized persons |
| 51 | capacity plate of the vessel. |
| 52 | (b) When the horsepower of the motor exceeds the capacity |
| 53 | of the vessel. |
| 54 | (c) When the vessel does not contain the required safety |
| 55 | equipment required under s. 327.50. |
| 56 | (d) When the vessel is not seaworthy. |
| 57 | (e) When the vessel is equipped with a motor of 10 |
| 58 | horsepower or greater, unless the livery provides prerental or |
| 59 | preride instruction that includes, but need not be limited to: |
| 60 | 1. Operational characteristics of the vessel to be rented. |
| 61 | 2. Safe vessel operation and vessel right-of-way. |
| 62 | 3. The responsibility of the vessel operator for the safe |
| 63 | and proper operation of the vessel. |
| 64 | 4. Local characteristics of the waterway where the vessel |
| 65 | will be operated. |
| 66 |
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| 67 | Any person delivering the information specified in this |
| 68 | paragraph must enroll in, attend, and successfully complete, at |
| 69 | his or her expense, have successfully completed a boating boater |
| 70 | safety course that meets minimum standards established by |
| 71 | commission rule approved by the National Association of State |
| 72 | Boating Law Administrators and this state. |
| 73 | (f) Unless the livery displays boating safety information |
| 74 | in a place visible to the renting public. The commission shall |
| 75 | prescribe by rule pursuant to chapter 120, the contents and size |
| 76 | of the boating safety information to be displayed. |
| 77 | (4)(a) A livery may not knowingly lease, hire, or rent a |
| 78 | personal watercraft to any person who is under 18 years of age. |
| 79 | (b) A livery may not knowingly lease, hire, or rent a |
| 80 | personal watercraft to any person who has not received |
| 81 | instruction in the safe handling of personal watercraft pursuant |
| 82 | to rule 68D-36, Florida Administrative Code, or any other rule, |
| 83 | in compliance with rules established by the commission pursuant |
| 84 | to chapter 120. |
| 85 | (c) Any person receiving instruction in the safe handling |
| 86 | of personal watercraft pursuant to rule 68D-36, Florida |
| 87 | Administrative Code, or any other a program established by rule |
| 88 | of the commission, must provide the livery with a written |
| 89 | statement attesting to the same. |
| 90 | Section 3. This act shall take effect July 1, 2008. |