Florida Senate - 2017                                    SB 1262
       
       
        
       By Senator Farmer
       
       
       
       
       
       34-00530C-17                                          20171262__
    1                        A bill to be entitled                      
    2         An act relating to boating in salt water; creating s.
    3         327.396, F.S.; defining terms; prohibiting minors of a
    4         certain age from operating vessels powered by a motor
    5         of 10 horsepower or greater or certain sailboats or
    6         other rigged vessels in salt water, except under
    7         specified conditions; providing penalties for parents
    8         or guardians who knowingly permit their children or
    9         wards to violate the prohibition; providing penalties
   10         for persons under the influence who supervise certain
   11         minors operating a specified vessel; providing an
   12         effective date.
   13          
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Section 327.396, Florida Statutes, is created to
   17  read:
   18         327.396 Operation of a vessel by a minor.—
   19         (1) As used in this subsection, the term:
   20         (a) “Specified vessel” means a vessel powered by a motor of
   21  10 horsepower or greater or a sailboat, or other rigged vessel,
   22  with a length of hull of 10 feet or more. The term does not
   23  include a sailboard or sail kayak.
   24         (b) “Under the influence” means a person meeting one of the
   25  standards specified in s. 327.35(1)(a), (b), or (c).
   26         (2) A person may not operate a specified vessel in salt
   27  water, as defined in s. 379.101, if the person is younger than
   28  16 years of age, unless such person:
   29         (a) Is under the physical supervision of another person 21
   30  years of age or older. Such supervising person may not be under
   31  the influence.
   32         (b) Is participating in a school-sanctioned activity. For
   33  the purposes of this section, the term “school” means any
   34  elementary school, middle school, junior high school, secondary
   35  school, career center, or postsecondary school, whether public
   36  or nonpublic.
   37         (3)(a) A parent or guardian who knowingly permits his or
   38  her child or ward to operate a specified vessel in violation of
   39  paragraph (2)(a) commits a misdemeanor of the second degree,
   40  punishable as provided in s. 775.082 or s. 775.083.
   41         (b) A person who supervises a minor as specified in
   42  paragraph (2)(b) and who is under the influence during the
   43  supervision commits a misdemeanor of the second degree,
   44  punishable as provided in s. 775.082 or s. 775.083.
   45         Section 2. This act shall take effect October 1, 2017.