Florida Senate - 2010 SB 100
By Senator Rich
34-00055-10 2010100__
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
4 personal watercraft; amending s. 327.54, F.S.;
5 revising the requirements relating to the boating
6 safety course required for leasing or renting a
7 personal watercraft from a livery; providing an
8 effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (5) and (6) of section 327.39,
13 Florida Statutes, are amended to read:
14 327.39 Personal watercraft regulated.—
15 (5) No person under the age of 16 14 shall operate any
16 personal watercraft on the waters of this state.
17 (6)(a) It is unlawful for the owner of any personal
18 watercraft or any person having charge over or control of a
19 personal watercraft to authorize or knowingly permit the same to
20 be operated by a person under 16 14 years of age in violation of
21 this section or by a person who does not hold a boating safety
22 identification card in compliance with s. 327.395(1).
23 (b)1. It is unlawful for the owner of any leased, hired, or
24 rented personal watercraft, or any person having charge over or
25 control of a leased, hired, or rented personal watercraft, to
26 authorize or knowingly permit the watercraft to be operated by
27 any person who has not received instruction in the safe handling
28 of personal watercraft, in compliance with s. 327.54 and rules
29 established by the commission.
30 2. Any person receiving instruction in the safe handling of
31 personal watercraft pursuant to s. 327.54 and any a program
32 established by rule of the commission must provide the owner of,
33 or person having charge of or control over, a leased, hired, or
34 rented personal watercraft with a written statement attesting to
35 the same.
36 3. The commission shall have the authority to establish
37 rules pursuant to chapter 120 prescribing the instruction to be
38 given, which shall take into account the nature and operational
39 characteristics of personal watercraft and general principles
40 and regulations pertaining to boating safety.
41 (c) Any person who violates this subsection commits a
42 misdemeanor of the second degree, punishable as provided in s.
43 775.082 or s. 775.083.
44 Section 2. Subsection (4) of section 327.54, Florida
45 Statutes, is amended to read:
46 327.54 Liveries; safety regulations; penalty.—
47 (4)(a) A livery may not knowingly lease, hire, or rent a
48 personal watercraft to any person who is under 18 years of age.
49 (b) A livery may not knowingly lease, hire, or rent a
50 personal watercraft to any person who has not received
51 instruction in the safe handling of personal watercraft pursuant
52 to rule 68D-36.107, Florida Administrative Code, or any other
53 rule, in compliance with rules established by the commission
54 pursuant to chapter 120.
55 (c) Any person receiving instruction in the safe handling
56 of personal watercraft pursuant to rule 68D-36.107, Florida
57 Administrative Code, or any other a program established by rule
58 of the commission, must provide the livery with a written
59 statement attesting to the same.
60
61 Any person delivering the information specified in this
62 subsection must enroll in, attend, and successfully complete, at
63 his or her own expense, a boating safety course approved by the
64 National Association of State Boating Law Administrators and the
65 commission.
66 Section 3. This act shall take effect July 1, 2010.