Florida Senate - 2018                      CS for CS for SB 1612
       By the Committees on Appropriations; and Environmental
       Preservation and Conservation; and Senators Rader and Book
       576-04138-18                                          20181612c2
    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; providing applicability;
   10         requiring the Fish and Wildlife Conservation
   11         Commission to adopt rules by a specified date;
   12         amending s. 327.73, F.S.; providing a penalty for
   13         violation of airboat operation requirements; providing
   14         an effective date.
   16  Be It Enacted by the Legislature of the State of Florida:
   18         Section 1. This act may be cited as “Ellie’s Law.”
   19         Section 2. Subsection (5) is added to section 327.391,
   20  Florida Statutes, to read:
   21         327.391 Airboats regulated.—
   22         (5)(a)Beginning July 1, 2019, a person may not operate an
   23  airboat carrying one or more passengers for hire on waters of
   24  the state, unless he or she has all of the following on board
   25  the airboat:
   26         1.Photographic identification.
   27         2.Proof of completion of a boater education course
   28  compliant with s. 327.395(1)(a). All airboat operators carrying
   29  passengers for hire must complete this course, regardless of age
   30  or exemptions provided in s. 327.395, except as otherwise
   31  provided in this section.
   32         3.Proof of successful completion of a commission-approved
   33  airboat operator course that meets the minimum standards
   34  established by commission rule.
   35         4.Proof of successful course completion in cardiopulmonary
   36  resuscitation and first aid.
   37         (b)A person issued a captain’s license by the United
   38  States Coast Guard is not required to complete the boating
   39  safety education course required under s. 327.395. Proof of the
   40  captain’s license must be on board the airboat when carrying
   41  passengers for hire on waters of the state.
   42         (c)A person who violates this subsection commits a
   43  noncriminal infraction, punishable as provided in s. 327.73.
   44         (d)This subsection does not apply to a person who is a
   45  member of a federally recognized Indian tribe operating an
   46  airboat on the reservation-owned or reservation-leased land of
   47  such tribe.
   48         (e)The commission shall adopt rules to implement this
   49  subsection no later than October 1, 2018.
   50         Section 3. Paragraph (cc) is added to subsection (1) of
   51  section 327.73, Florida Statutes, to read:
   52         327.73 Noncriminal infractions.—
   53         (1) Violations of the following provisions of the vessel
   54  laws of this state are noncriminal infractions:
   55         (cc) Section 327.391(5), relating to airboat operation
   56  requirements, for which the civil penalty is up to a maximum of
   57  $500.
   59  Any person cited for a violation of any provision of this
   60  subsection shall be deemed to be charged with a noncriminal
   61  infraction, shall be cited for such an infraction, and shall be
   62  cited to appear before the county court. The civil penalty for
   63  any such infraction is $50, except as otherwise provided in this
   64  section. Any person who fails to appear or otherwise properly
   65  respond to a uniform boating citation shall, in addition to the
   66  charge relating to the violation of the boating laws of this
   67  state, be charged with the offense of failing to respond to such
   68  citation and, upon conviction, be guilty of a misdemeanor of the
   69  second degree, punishable as provided in s. 775.082 or s.
   70  775.083. A written warning to this effect shall be provided at
   71  the time such uniform boating citation is issued.
   72         Section 4. This act shall take effect upon becoming a law.