Florida Senate - 2018 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1612
Ì473282,Î473282
576-03247-18
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on the Environment and Natural
Resources)
1 A bill to be entitled
2 An act relating to airboat regulation; providing a
3 short title; amending s. 327.391, F.S.; requiring, by
4 a specified date, a commercial airboat operator to
5 have specified documents on board the airboat while
6 carrying passengers for hire; requiring all airboat
7 operators carrying passengers for hire to complete a
8 boater education course; providing an exception;
9 providing a penalty; amending s. 327.73, F.S.;
10 providing a penalty for violation of airboat operation
11 requirements; providing an effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. This act may be cited as “Ellie’s Law.”
16 Section 2. Subsection (5) is added to section 327.391,
17 Florida Statutes, to read:
18 327.391 Airboats regulated.—
19 (5)(a) Beginning December 31, 2018, a person may not
20 operate an airboat carrying one or more passengers for hire on
21 waters of the state, unless he or she has all of the following
22 on board the airboat:
23 1. Photographic identification.
24 2. Proof of completion of a boater education course
25 compliant with s. 327.395(1)(a). All airboat operators carrying
26 passengers for hire must complete this course, regardless of age
27 or exemptions provided in s. 327.395, except as otherwise
28 provided in this section.
29 3. Proof of successful completion of a commission-approved
30 airboat operator course that meets the minimum standards
31 established by commission rule.
32 4. Proof of successful course completion in cardiopulmonary
33 resuscitation and first aid.
34 (b) A person issued a captain’s license by the United
35 States Coast Guard is not required to complete the boating
36 safety education course required under s. 327.395. Proof of the
37 captain’s license must be on board the airboat when carrying
38 passengers for hire on waters of the state.
39 (c) A person who violates this subsection commits a
40 noncriminal infraction, punishable as provided in s. 327.73.
41 Section 3. Paragraph (cc) is added to subsection (1) of
42 section 327.73, Florida Statutes, to read:
43 327.73 Noncriminal infractions.—
44 (1) Violations of the following provisions of the vessel
45 laws of this state are noncriminal infractions:
46 (cc) Section 327.391(5), relating to airboat operation
47 requirements, for which the civil penalty is up to a maximum of
48 $500.
49
50 Any person cited for a violation of any provision of this
51 subsection shall be deemed to be charged with a noncriminal
52 infraction, shall be cited for such an infraction, and shall be
53 cited to appear before the county court. The civil penalty for
54 any such infraction is $50, except as otherwise provided in this
55 section. Any person who fails to appear or otherwise properly
56 respond to a uniform boating citation shall, in addition to the
57 charge relating to the violation of the boating laws of this
58 state, be charged with the offense of failing to respond to such
59 citation and, upon conviction, be guilty of a misdemeanor of the
60 second degree, punishable as provided in s. 775.082 or s.
61 775.083. A written warning to this effect shall be provided at
62 the time such uniform boating citation is issued.
63 Section 4. This act shall take effect upon becoming a law.