Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. PCS (271670) for SB 606
       
       
       
       
       
       
                                Ì140832ÄÎ140832                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/03/2022           .                                
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 66 - 265
    4  and insert:
    5         Section 2. Subsection (24) of section 327.02, Florida
    6  Statutes, is amended to read
    7         327.02 Definitions.—As used in this chapter and in chapter
    8  328, unless the context clearly requires a different meaning,
    9  the term:
   10         (24) “Livery vessel” means a vessel leased, rented, or
   11  chartered to another for consideration. A livery vessel does not
   12  include a human-powered vessel.
   13         Section 3. Subsection (7) is added to section 327.30,
   14  Florida Statutes, to read:
   15         327.30 Collisions, accidents, and casualties.—
   16         (7)In addition to any other penalty provided by law, a
   17  court may order a person convicted of a violation of this
   18  section or of any rule adopted or order issued by the commission
   19  pursuant to this section to pay an additional fine of up to
   20  $1,000 per violation. All fines assessed and collected pursuant
   21  to this subsection shall be remitted by the clerk of the court
   22  to the Department of Revenue to be deposited into the Marine
   23  Resources Conservation Trust Fund to be used to enhance state
   24  and local law enforcement activities related to boating
   25  infractions. As used in this subsection, the terms “convicted”
   26  and “conviction” mean any judicial disposition other than
   27  acquittal or dismissal.
   28         Section 4. Section 327.54, Florida Statutes, is amended to
   29  read:
   30         327.54 Liveries; safety regulations; penalty.—
   31         (1) As used in this section, the term:
   32         (a)“Conviction” means any judicial disposition other than
   33  acquittal or dismissal.
   34         (b)“Livery” means a person who advertises and offers a
   35  livery vessel for use by another in exchange for any type of
   36  consideration when such person does not also provide the lessee
   37  or renter with a captain, a crew, or any type of staff or
   38  personnel to operate, oversee, maintain, or manage the vessel.
   39  The owner of a vessel who does not advertise his or her vessel
   40  for use by another for consideration and who loans or offers his
   41  or her vessel for use to another known to him or her either for
   42  consideration or without consideration is not a livery. A vessel
   43  rented or leased by a livery is a livery vessel as defined in s.
   44  327.02.
   45         (c)“Seaworthy” means the vessel and all of its parts and
   46  equipment, including, but not limited to, engines, bilge pumps,
   47  and kill switches, are functional and reasonably fit for their
   48  intended purpose.
   49         (2)Beginning on January 1, 2023, a livery may not offer a
   50  vessel for lease or rent without first being issued a no-cost
   51  livery permit by the commission. The permit must be renewed
   52  annually. To qualify for issuance or renewal of a livery permit,
   53  an applicant must provide the commission with a list of all
   54  vessels offered by the livery for lease or rent by another, have
   55  valid insurance pursuant to subsection (7), have an amount of
   56  United States Coast Guard-approved lawful personal floatation
   57  devices on site sufficient to accommodate the capacity of all
   58  vessels offered by the livery for rent or lease by another, have
   59  on site all safety equipment required by s. 327.50 and the Code
   60  of Federal Regulations sufficient to equip all vessels offered
   61  by the livery for rent or lease by another, and display the
   62  information required by paragraph (3)(f). If, before the annual
   63  renewal of the permit, the information required by this
   64  subsection changes, the livery must provide the commission with
   65  the updated information within 10 days after the change.
   66         (a)The commission may adopt rules to implement this
   67  subsection.
   68         (b)A person who violates this subsection commits a
   69  misdemeanor of the first degree, punishable as provided in s.
   70  775.082 or s. 775.083.
   71         (3) A livery may not knowingly lease, hire, or rent a
   72  vessel to any person:
   73         (a) When the number of persons intending to use the vessel
   74  exceeds the number considered to constitute a maximum safety
   75  load for the vessel as specified on the authorized persons
   76  capacity plate of the vessel.
   77         (b) When the horsepower of the motor exceeds the capacity
   78  of the vessel.
   79         (c) When the vessel does not contain the required safety
   80  equipment required under s. 327.50.
   81         (d) When the vessel is not seaworthy, is a derelict vessel
   82  as defined in s. 823.11, or is at risk of becoming derelict as
   83  provided in s. 327.4107.
   84         (e) When the vessel is equipped with a motor of 10
   85  horsepower or greater, Unless the livery provides pre-rental
   86  prerental or pre-ride preride instruction in compliance with
   87  rules established by the commission.
   88         1.The instruction must include that includes, but need not
   89  be limited to:
   90         a.1. Operational characteristics of the vessel to be
   91  rented.
   92         b.2. Safe vessel operation and vessel right-of-way.
   93         c.3. The responsibility of the vessel operator for the safe
   94  and proper operation of the vessel.
   95         d.4. Local characteristics of the waterway where the vessel
   96  will be operated, such as navigational hazards, the presence of
   97  boating-restricted areas, and water depths.
   98         e.Emergency procedures, such as appropriate responses to
   99  capsizing, falls overboard, taking on water, and vessel
  100  accidents.
  101         2. Any person receiving instruction in the safe handling of
  102  livery vessels pursuant to this paragraph must provide the
  103  livery with a written statement attesting to each component of
  104  the instruction.
  105         a.The commission shall establish by rule the content of
  106  the statement form.
  107         b.The statement form must be signed by the individual
  108  providing the instruction.
  109         c.The livery shall maintain the statement form for no less
  110  than 90 days and, upon request, make the form available for
  111  inspection by law enforcement.
  112  
  113         Any person delivering the information specified in this
  114  paragraph must have successfully completed a boater safety
  115  course approved by the National Association of State Boating Law
  116  Administrators and this state.
  117         (f) Unless the livery displays boating safety information
  118  in a place visible to the renting public. The commission shall
  119  prescribe by rule, pursuant to chapter 120, the contents and
  120  size of the boating safety information to be displayed.
  121         (g)Unless the livery has a written agreement with the
  122  renter or lessee. The written agreement must include the name,
  123  address, and date of birth for the renter and the number of
  124  people aboard the vessel, as well as the time the vessel is
  125  required to be returned to the livery or another specified
  126  location and an emergency contact name, address, and telephone
  127  number. The livery shall maintain each agreement for no less
  128  than 1 year and, upon request, make each agreement available for
  129  inspection by law enforcement.
  130         (4)(2) A livery may not knowingly lease, hire, or rent a
  131  vessel to a person who is required to comply with s. 327.395
  132  unless such person presents to the livery the documentation
  133  required by s. 327.395(2) for the operation of a vessel or meets
  134  the exemption provided under s. 327.395(6)(f).
  135         (5)(3) If a vessel rented or leased by a livery is
  136  unnecessarily overdue more than 12 hours after the contracted
  137  vessel rental time has expired, the livery must shall notify law
  138  enforcement the proper authorities.
  139         (6)(4)(a) A livery may not knowingly lease, hire, or rent a
  140  livery vessel personal watercraft to any person who is under 18
  141  years of age.
  142         (b) A livery may not knowingly lease, hire, or rent a
  143  personal watercraft to any person who has not received
  144  instruction in the safe handling of personal watercraft, in
  145  compliance with rules established by the commission pursuant to
  146  chapter 120.
  147         (c) Any person receiving instruction in the safe handling
  148  of personal watercraft pursuant to a program established by rule
  149  of the commission must provide the livery with a written
  150  statement attesting to the same.
  151         (7)(5) A livery may not lease, hire, or rent any personal
  152  watercraft or offer to lease, hire, or rent any personal
  153  watercraft unless the livery first obtains and carries in full
  154  force and effect a policy from a licensed insurance carrier in
  155  this state, insuring against any accident, loss, injury,
  156  property damage, or other casualty caused by or resulting from
  157  the operation of the personal watercraft. The insurance policy
  158  must shall provide coverage of at least $500,000 per person and
  159  $1 million per event. Other liveries must have sufficient
  160  insurance to cover the livery vessels. The livery shall must
  161  have proof of such insurance available for inspection at the
  162  location where livery vessels personal watercraft are being
  163  leased, hired, or rented, or offered for lease, hire, or rent,
  164  and shall provide to each renter the insurance carrier’s name
  165  and address and the insurance policy number. Liveries shall
  166  offer insurance to the renter.
  167         (8)Notwithstanding the person’s age or any exemptions
  168  provided in s. 327.395, any person delivering instruction
  169  regarding the safe operation of vessels or pre-rental or pre
  170  ride instruction in accordance with subsection (3) must have
  171  successfully completed a boating safety education course
  172  approved by the National Association of State Boating Law
  173  Administrators and this state.
  174         (9)If a vessel rented or leased by a livery is involved in
  175  an accident, the livery must report the accident to the
  176  division.
  177         (10)A livery shall make its facilities and records
  178  available for inspection upon request by law enforcement no
  179  later than 24 hours after receiving notice from law enforcement.
  180         (11)(a)(6) Any person convicted of violating this section,
  181  other than subsection (2), who has not been convicted of a
  182  violation of this section within the past 3 years commits a
  183  misdemeanor of the second degree, punishable as provided in s.
  184  775.082 or s. 775.083.
  185         (b)Unless the stricter penalties in paragraph (c) apply, a
  186  person who violates this section, other than subsection (2),
  187  within 3 years after a previous conviction of a violation of
  188  this section commits a misdemeanor of the first degree,
  189  punishable as provided in s. 775.082 or s. 775.083, with a
  190  minimum mandatory fine of $500.
  191         (c)A person who violates this section, other than
  192  subsection (2), within 5 years after two previous convictions
  193  for a violation of this section commits a misdemeanor of the
  194  first degree, punishable as provided in s. 775.082 or s.
  195  775.083, with a minimum mandatory fine of $1,000.
  196         (12)A person who commits more than one violation of this
  197  section, other than subsection (2), within a 3-year period may
  198  not act as a livery during a 90-day period immediately after
  199  being charged with that violation. Beginning January 1, 2023,
  200  the commission may revoke or refuse to issue a permit under
  201  subsection (2) based on repeated violations of this section.
  202  
  203  ================= T I T L E  A M E N D M E N T ================
  204  And the title is amended as follows:
  205         Delete lines 3 - 21
  206  and insert:
  207         title; amending s. 327.02, F.S.; revising the
  208         definition of livery vessel; amending s. 327.30, F.S.;
  209         authorizing a court to impose a specified fine for
  210         certain boating collisions and accidents; requiring
  211         such fines to be deposited into the Marine Resources
  212         Conservation Trust Fund for specified purposes;
  213         defining the term “convicted” and “conviction”;
  214         amending s. 327.54, 9 F.S.; defining terms;
  215         prohibiting liveries, beginning on a specified date,
  216         from offering a vessel for lease or rent without a
  217         livery permit; specifying requirements and
  218         qualifications for the permit; authorizing the Fish
  219         and Wildlife Conservation Commission to adopt rules;
  220         providing penalties for permit violations; revising
  221         the conditions under which a livery may not knowingly
  222         lease or rent a vessel; requiring a person receiving
  223         safety instruction to provide the livery with a
  224         specified signed attestation; requiring a written
  225         agreement between a livery and a renter or lessee;
  226         providing requirements for such agreement; providing
  227         that a livery must insure livery vessels; requiring
  228         specified boating safety education courses for certain
  229         instructors; requiring liveries to report certain
  230         accidents to the Division of Law Enforcement of the
  231         commission; requiring