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. 15 16 Be It Enacted by the Legislature of the State of Florida: 17 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. 58 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.