Florida Senate - 2020                                    SB 1744
       
       
        
       By Senator Torres
       
       
       
       
       
       15-01809-20                                           20201744__
    1                        A bill to be entitled                      
    2         An act relating to personal watercraft; amending s.
    3         327.39, F.S.; providing requirements for persons
    4         operating, riding on, and being towed behind personal
    5         watercraft; increasing the age requirement for
    6         operation of a personal watercraft; prohibiting the
    7         owner of, or a person having charge of or control
    8         over, any leased, hired, or rented personal watercraft
    9         from authorizing or knowingly allowing the watercraft
   10         to be operated by certain persons; requiring companies
   11         that provide personal watercraft for lease, hire, or
   12         rent to maintain specified liability insurance
   13         coverage; requiring such companies to provide
   14         specified boating safety instructions and written
   15         information; prohibiting the operation of certain
   16         personal watercraft unless specified boater safety
   17         course requirements are met; providing an exception;
   18         requiring persons operating personal watercraft to
   19         have specified documentation on board; providing
   20         applicability; providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Section 327.39, Florida Statutes, is amended to
   25  read:
   26         327.39 Personal watercraft regulated.—
   27         (1)(a) A person may not operate a personal watercraft
   28  unless each person riding on or being towed behind such vessel
   29  is:
   30         1. Wearing a personal flotation device, other than an
   31  inflatable device, currently approved by the United States Coast
   32  Guard and used in accordance with the United States Coast Guard
   33  approval label.
   34         2.Wearing a wet suit bottom or clothing other than normal
   35  swimwear that provides equivalent protection against forceful
   36  water entry into the lower body openings. Normal swimwear is not
   37  considered adequate protection against forceful water entry.
   38         3.If under the age of 18, wearing a helmet that is
   39  properly fitted and is fastened securely upon the head by a
   40  strap and that meets state or federal safety standards for such
   41  helmet. A helmet purchased before July 2, 2022, that meets the
   42  standards of the American National Standards Institute or the
   43  Snell Memorial Foundation, or any other nationally or
   44  internationally recognized standards for personal watercraft
   45  helmets, in compliance with rules established by the commission
   46  may continue to be worn until January 1, 2026. On and after
   47  January 1, 2026, a person under the age of 18 must wear a helmet
   48  that is approved by the United States Department of
   49  Transportation, the Economic Commission for Europe, or the Snell
   50  Memorial Foundation, in compliance with rules established by the
   51  commission.
   52         (b)A person may not operate a personal watercraft towing
   53  another person on water skis or other towables unless:
   54         1.The total number of persons operating, observing, and
   55  being towed does not exceed the specified number of passengers
   56  as identified by the manufacturer as the maximum safe load for
   57  the personal watercraft.
   58         2.The personal watercraft has on board, in addition to the
   59  operator, a rear-facing observer who monitors the progress of
   60  the person being towed.
   61         (2) A person operating a personal watercraft equipped by
   62  the manufacturer with a lanyard type engine cutoff switch must
   63  attach such lanyard to his or her person, clothing, or personal
   64  flotation device as is appropriate for the specific vessel.
   65         (3) A person may not operate a personal watercraft at any
   66  time between the hours from one-half hour after sunset to one
   67  half hour before sunrise. However, an agent or employee of a
   68  fire or emergency rescue service is exempt from this subsection
   69  while performing his or her official duties.
   70         (4) A personal watercraft must at all times be operated in
   71  a reasonable and prudent manner. Maneuvers which unreasonably or
   72  unnecessarily endanger life, limb, or property, including, but
   73  not limited to, weaving through congested vessel traffic,
   74  jumping the wake of another vessel unreasonably or unnecessarily
   75  close to such other vessel or when visibility around such other
   76  vessel is obstructed, and swerving at the last possible moment
   77  to avoid collision shall constitute reckless operation of a
   78  vessel, as provided in s. 327.33(1). A Any person operating a
   79  personal watercraft must comply with the provisions of s.
   80  327.33.
   81         (5) A No person under the age of 16 may not 14 shall
   82  operate any personal watercraft on the waters of this state.
   83         (6)(a) It is unlawful for The owner of any personal
   84  watercraft or a any person having charge over or control of a
   85  personal watercraft may not to authorize or knowingly permit the
   86  personal watercraft same to be operated by a person under 16 14
   87  years of age in violation of this section.
   88         (b)1. It is unlawful for The owner of any leased, hired, or
   89  rented personal watercraft, or a any person having charge over
   90  or control of a leased, hired, or rented personal watercraft,
   91  may not to authorize or knowingly permit the watercraft to be
   92  operated by a any person who has not received instruction in the
   93  safe handling of personal watercraft, in compliance with rules
   94  established by the commission.
   95         2. A Any person receiving instruction in the safe handling
   96  of personal watercraft pursuant to a program established by rule
   97  of the commission must provide the owner of, or person having
   98  charge of or control over, a leased, hired, or rented personal
   99  watercraft with a written statement attesting to the same.
  100         3. The commission has shall have the authority to establish
  101  rules pursuant to chapter 120 prescribing the instruction to be
  102  given, which shall take into account the nature and operational
  103  characteristics of personal watercraft and general principles
  104  and regulations pertaining to boating safety.
  105         (c)The owner of, or a person having charge of or control
  106  over, any leased, hired, or rented personal watercraft may not
  107  authorize or knowingly permit the watercraft to be operated by a
  108  person who is under 18 years of age unless:
  109         1.The person possesses a helmet that is approved by the
  110  United States Department of Transportation, the Economic
  111  Commission for Europe, or the Snell Memorial Foundation, in
  112  compliance with rules established by the commission; or
  113         2.The owner of, or person having charge of or control
  114  over, the leased, hired, or rented personal watercraft provides
  115  a helmet for the person to wear that is approved by the United
  116  States Department of Transportation, the Economic Commission for
  117  Europe, or the Snell Memorial Foundation, in compliance with
  118  rules established by the commission.
  119         (d)(c)A Any person who violates this subsection commits a
  120  misdemeanor of the second degree, punishable as provided in s.
  121  775.082 or s. 775.083.
  122         (7)(a)A company that provides personal watercraft for
  123  lease, hire, or rent shall maintain liability insurance coverage
  124  of at least $1 million. Proof of such insurance must be
  125  available for inspection at the location where personal
  126  watercraft are leased, hired, or rented.
  127         (b)Before leasing or renting a personal watercraft,
  128  operators of the company shall provide:
  129         1.The name and address of the operator’s insurance carrier
  130  and the insurance policy number to each person leasing or
  131  renting a personal watercraft;
  132         2.Boating safety instruction in compliance with rules
  133  established by the commission to a person leasing or renting a
  134  personal watercraft who does not possess valid identification
  135  and a course completion certificate or proof of successful
  136  completion of the requirements under subsection (8); and
  137         3.The following written information to each person leasing
  138  or renting a personal watercraft:
  139         a.The operational characteristics of the personal
  140  watercraft.
  141         b.The boating regulations specific to the area where the
  142  personal watercraft will be operated, including, but not limited
  143  to, no-entry zones, no-wake zones, channel routes, water
  144  hazards, and tidal flow.
  145         c.An explanation of the common courtesies of operating a
  146  personal watercraft on the water and the effect of personal
  147  watercraft operation on wildlife, the environment, and other
  148  water users.
  149         (8)(a)1.A person may not operate any personal watercraft
  150  powered by a motor of 10 horsepower or greater unless the person
  151  has a course completion certificate or proof of successful
  152  completion of:
  153         a.A boater safety course approved by the commission and
  154  the National Association of State Boating Law Administrators; or
  155         b.A proficiency examination on the curriculum of a boater
  156  safety course approved by the commission and the National
  157  Association of State Boating Law Administrators.
  158         2.A nonresident operating a personal watercraft on the
  159  waters of this state is subject to the education course and
  160  equivalency examination requirements of this subsection unless
  161  he or she has proof of successful completion of an education
  162  course or equivalency examination within their state of
  163  residence that meets or exceeds such requirements.
  164         3.A person operating a personal watercraft on the waters
  165  of this state must have on board the personal watercraft proof
  166  of successful completion of an education course or equivalency
  167  examination required under this subsection.
  168         (b)This subsection does not apply to a person who leases,
  169  hires, or rents a personal watercraft pursuant to subsection
  170  (6).
  171         (9)(7) This section does not apply to:
  172         (a) A performer engaged in a professional exhibition or a
  173  person preparing to participate or participating in a regatta,
  174  race, marine parade, tournament, or exhibition held in
  175  compliance with s. 327.48.
  176         (b)A person who holds a valid master, mate, or operator
  177  license issued by the United States Coast Guard.
  178         (c)A law enforcement officer or other emergency responder
  179  engaged in the performance of their official duties.
  180         Section 2. This act shall take effect July 1, 2020.