Florida Senate - 2011                              CS for SB 968
       
       
       
       By the Committee on Environmental Preservation and Conservation;
       and Senator Dean
       
       
       
       592-02315-11                                           2011968c1
    1                        A bill to be entitled                      
    2         An act relating to boating safety; amending s.
    3         327.395, F.S.; providing an exemption from the
    4         requirement that certain persons must possess a
    5         boating safety identification card while operating a
    6         motor vessel of a specified horsepower or greater;
    7         amending s. 327.54, F.S.; requiring liveries to
    8         require that a person present a valid boater safety
    9         identification card or provide proof that the person
   10         passed the boating education safety course or
   11         examination; providing an effective date.
   12  
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (6) of section 327.395, Florida
   16  Statutes, is amended to read:
   17         327.395 Boating safety identification cards.—
   18         (6) A person is exempt from subsection (1) if he or she:
   19         (a) Is licensed by the United States Coast Guard to serve
   20  as master of a vessel.
   21         (b) Operates a vessel only on a private lake or pond.
   22         (c) Is accompanied in the vessel by a person who is exempt
   23  from this section or who holds an identification card in
   24  compliance with this section, is 18 years of age or older, and
   25  is attendant to the operation of the vessel and responsible for
   26  the safe operation of the vessel and for any violation that
   27  occurs during the operation.
   28         (d) Is a nonresident who has in his or her possession proof
   29  that he or she has completed a boater education course or
   30  equivalency examination in another state which meets or exceeds
   31  the requirements of subsection (1).
   32         (e) Is operating a vessel within 90 days after the purchase
   33  of that vessel and has available for inspection aboard that
   34  vessel a bill of sale meeting the requirements of s. 328.46(1).
   35         (f) Is operating a vessel within 90 days after completing
   36  the requirements of paragraph (1)(a) or paragraph (1)(b) and has
   37  available for inspection photographic identification and his or
   38  her boater education certificate as proof that the course was
   39  successfully completed. The boater education certificate must
   40  provide, at a minimum, the student’s first and last name, the
   41  student’s date of birth, and the date he or she passed the
   42  course examination.
   43         (g)(f) Is exempted by rule of the commission.
   44         Section 2. Subsection (2) of section 327.54, Florida
   45  Statutes, is amended to read:
   46         327.54 Liveries; safety regulations; penalty.—
   47         (2) A livery may not knowingly lease, hire, or rent any
   48  vessel powered by a motor of 10 horsepower or greater to any
   49  person who is required to comply with s. 327.395, unless such
   50  person presents to the livery a valid boater safety
   51  identification card or proof of meeting the temporary exemption
   52  provided by s. 327.395(6)(f) to the livery.
   53         Section 3. This act shall take effect July 1, 2011.