Florida Senate - 2018              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1612
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on the Environment and Natural
    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.
   13  Be It Enacted by the Legislature of the State of Florida:
   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.
   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.