Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 2536
       
       
       
       
       
       
                                Barcode 389514                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/20/2009           .                                
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       The Committee on General Government Appropriations (Dean)
       recommended the following:
       
    1         Senate Substitute for Amendment (960032) (with title
    2  amendment)
    3  
    4         Delete lines 449 - 518
    5  and insert:
    6         Section 9. Effective January 1, 2010, section 327.395,
    7  Florida Statutes, is amended to read:
    8         327.395 Boating safety identification cards.—
    9         (1) A person born on or after January 1, 1988, 21 years of
   10  age or younger may not operate a vessel powered by a motor of 10
   11  horsepower or greater unless such person has in his or her
   12  possession aboard the vessel photographic identification and a
   13  boater safety identification card issued by the commission which
   14  shows that he or she has:
   15         (a) Completed a commission-approved boater education course
   16  that meets the minimum 8-hour instruction requirement
   17  established by the National Association of State Boating Law
   18  Administrators;
   19         (b) Passed a course equivalency examination approved by the
   20  commission; or
   21         (c) Passed a temporary certificate examination developed or
   22  approved by the commission.
   23         (2) Any person may obtain a boater safety identification
   24  card by complying with the requirements of this section.
   25         (3) Any commission-approved boater education or boater
   26  safety course, course-equivalency examination developed or
   27  approved by the commission, or temporary certificate examination
   28  developed or approved by the commission must include a component
   29  regarding diving vessels, awareness of divers in the water,
   30  divers-down flags, and the requirements of s. 327.331.
   31         (4) The commission may appoint liveries, marinas, or other
   32  persons as its agents to administer the course, course
   33  equivalency examination, or temporary certificate examination
   34  and issue identification cards under guidelines established by
   35  the commission. An agent must charge the $2 examination fee,
   36  which must be forwarded to the commission with proof of passage
   37  of the examination and may charge and keep a $1 service fee.
   38         (5) An identification card issued to a person who has
   39  completed a boating education course or a course equivalency
   40  examination is valid for life. A card issued to a person who has
   41  passed a temporary certification examination is valid for 12
   42  months from the date of issuance.
   43         (6) A person is exempt from subsection (1) if he or she:
   44         (a) Is licensed by the United States Coast Guard to serve
   45  as master of a vessel.
   46         (b) Operates a vessel only on a private lake or pond.
   47         (c) Is accompanied in the vessel by a person who is exempt
   48  from this section or who holds an identification card in
   49  compliance with this section, is 18 years of age or older, and
   50  is attendant to the operation of the vessel and responsible for
   51  the safe operation of the vessel and for any violation that
   52  occurs during the operation.
   53         (d) Is a nonresident who has in his or her possession proof
   54  that he or she has completed a boater education course or
   55  equivalency examination in another state which meets or exceeds
   56  the requirements of subsection (1).
   57         (e)Is operating a vessel within 90 days after the purchase
   58  of that vessel and has available for inspection aboard that
   59  vessel a bill of sale meeting the requirements of s. 328.46(1).
   60         (f)(e) Is exempted by rule of the commission.
   61         (7) A person who operates a vessel in violation of
   62  subsection (1) commits violates this section is guilty of a
   63  noncriminal infraction, punishable as provided in s. 327.73.
   64         (8) The commission shall design forms and adopt rules to
   65  administer this section. Such rules shall include provision for
   66  educational and other public and private entities to offer the
   67  course and administer examinations.
   68         (9) The commission shall institute and coordinate a
   69  statewide program of boating safety instruction and
   70  certification to ensure that boating courses and examinations
   71  are available in each county of the state.
   72         (10) The commission is authorized to establish and to
   73  collect a $2 examination fee to cover administrative costs.
   74         (11) The commission is authorized to adopt rules pursuant
   75  to chapter 120 to implement the provisions of this section.
   76         (12)This section may be cited as the “Osmany ‘Ozzie’
   77  Castellanos Boating Safety Education Act.”
   78  
   79  ================= T I T L E  A M E N D M E N T ================
   80         And the title is amended as follows:
   81         Delete line 25
   82  and insert:
   83         amending s. 327.395, F.S.; providing a short title;
   84         revising certain age