Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. PCS (271670) for SB 606
       
       
       
       
       
       
                                Ì737178NÎ737178                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/03/2022           .                                
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Substitute for Amendment (306914) (with title
    2  amendment)
    3  
    4         Delete lines 87 - 265
    5  and insert:
    6         (b)“Livery” means a person who advertises and offers a
    7  vessel for use by another in exchange for any type of
    8  consideration when such person does not also provide the lessee
    9  or renter with a captain, a crew, or any type of staff or
   10  personnel to operate, oversee, maintain, or manage the vessel.
   11  The owner of a vessel who does not advertise his or her vessel
   12  for use by another for consideration and who loans or offers his
   13  or her vessel for use to another known to him or her either for
   14  consideration or without consideration is not a livery. A vessel
   15  rented or leased by a livery is a livery vessel as defined in s.
   16  327.02.
   17         (c)“Seaworthy” means the vessel and all of its parts and
   18  equipment, including, but not limited to, engines, bilge pumps,
   19  and kill switches, are functional and reasonably fit for their
   20  intended purpose.
   21         (2)Beginning on January 1, 2023, a livery may not offer a
   22  vessel for lease or rent without first being issued a no-cost
   23  livery permit by the commission. The permit must be renewed
   24  annually. To qualify for issuance or renewal of a livery permit,
   25  an applicant must provide the commission with a list of all
   26  vessels offered by the livery for lease or rent by another, have
   27  valid insurance pursuant to subsection (7), have an amount of
   28  United States Coast Guard-approved lawful personal floatation
   29  devices on site sufficient to accommodate the capacity of all
   30  vessels offered by the livery for rent or lease by another, have
   31  on site all safety equipment required by s. 327.50 and the Code
   32  of Federal Regulations sufficient to equip all vessels offered
   33  by the livery for rent or lease by another, and display the
   34  information required by paragraph (3)(f). If, before the annual
   35  renewal of the permit, the information required by this
   36  subsection changes, the livery must provide the commission with
   37  the updated information within 10 days after the change.
   38         (a)The commission may adopt rules to implement this
   39  subsection.
   40         (b)A person who violates this subsection commits a
   41  misdemeanor of the first degree, punishable as provided in s.
   42  775.082 or s. 775.083.
   43         (3) A livery may not knowingly lease, hire, or rent a
   44  vessel to any person:
   45         (a) When the number of persons intending to use the vessel
   46  exceeds the number considered to constitute a maximum safety
   47  load for the vessel as specified on the authorized persons
   48  capacity plate of the vessel.
   49         (b) When the horsepower of the motor exceeds the capacity
   50  of the vessel.
   51         (c) When the vessel does not contain the required safety
   52  equipment required under s. 327.50.
   53         (d) When the vessel is not seaworthy, is a derelict vessel
   54  as defined in s. 823.11, or is at risk of becoming derelict as
   55  provided in s. 327.4107.
   56         (e) When the vessel is equipped with a motor of 10
   57  horsepower or greater, Unless the livery provides pre-rental
   58  prerental or pre-ride preride instruction in compliance with
   59  rules established by the commission.
   60         1.The instruction must include that includes, but need not
   61  be limited to:
   62         a.1. Operational characteristics of the vessel to be
   63  rented.
   64         b.2. Safe vessel operation and vessel right-of-way.
   65         c.3. The responsibility of the vessel operator for the safe
   66  and proper operation of the vessel.
   67         d.4. Local characteristics of the waterway where the vessel
   68  will be operated, such as navigational hazards, the presence of
   69  boating-restricted areas, and water depths.
   70         e.Emergency procedures, such as appropriate responses to
   71  capsizing, falls overboard, taking on water, and vessel
   72  accidents.
   73         2. Any person receiving instruction in the safe handling of
   74  livery vessels pursuant to this paragraph must provide the
   75  livery with a written statement attesting to each component of
   76  the instruction.
   77         a.The commission shall establish by rule the content of
   78  the statement form.
   79         b.The statement form must be signed by the individual
   80  providing the instruction.
   81         c.The livery shall maintain the statement form for no less
   82  than 90 days and, upon request, make the form available for
   83  inspection by law enforcement.
   84  
   85  Any person delivering the information specified in this
   86  paragraph must have successfully completed a boater safety
   87  course approved by the National Association of State Boating Law
   88  Administrators and this state.
   89         (f) Unless the livery displays boating safety information
   90  in a place visible to the renting public. The commission shall
   91  prescribe by rule, pursuant to chapter 120, the contents and
   92  size of the boating safety information to be displayed.
   93         (g)Unless the livery has a written agreement with the
   94  renter or lessee. The written agreement must include a passenger
   95  manifest, as well as the time the vessel is required to be
   96  returned to the livery or another specified location and an
   97  emergency contact name, address, and telephone number. The
   98  livery shall maintain each agreement for no less than 1 year
   99  and, upon request, make each agreement available for inspection
  100  by law enforcement.
  101         (4)(2) A livery may not knowingly lease, hire, or rent a
  102  vessel to a person who is required to comply with s. 327.395
  103  unless such person presents to the livery the documentation
  104  required by s. 327.395(2) for the operation of a vessel or meets
  105  the exemption provided under s. 327.395(6)(f).
  106         (5)(3) If a vessel rented or leased by a livery is
  107  unnecessarily overdue more than 1 hour after the contracted
  108  vessel rental time has expired, the livery must shall notify law
  109  enforcement and the United States Coast Guard the proper
  110  authorities.
  111         (6)(4)(a) A livery may not knowingly lease, hire, or rent a
  112  livery vessel personal watercraft to any person who is under 18
  113  years of age.
  114         (b) A livery may not knowingly lease, hire, or rent a
  115  personal watercraft to any person who has not received
  116  instruction in the safe handling of personal watercraft, in
  117  compliance with rules established by the commission pursuant to
  118  chapter 120.
  119         (c) Any person receiving instruction in the safe handling
  120  of personal watercraft pursuant to a program established by rule
  121  of the commission must provide the livery with a written
  122  statement attesting to the same.
  123         (7)(5) A livery may not lease, hire, or rent any livery
  124  vessel personal watercraft or offer to lease, hire, or rent any
  125  livery vessel personal watercraft unless the livery first
  126  obtains and carries in full force and effect a policy from a
  127  licensed insurance carrier in this state which insures the
  128  livery and the renter, insuring against any accident, loss,
  129  injury, property damage, or other casualty caused by or
  130  resulting from the operation of the livery vessel personal
  131  watercraft. The insurance policy must shall provide coverage of
  132  at least $500,000 per person and $1 million per event. The
  133  livery shall must have proof of such insurance available for
  134  inspection at the location where livery vessels personal
  135  watercraft are being leased, hired, or rented, or offered for
  136  lease, hire, or rent, and shall provide to each renter the
  137  insurance carrier’s name and address and the insurance policy
  138  number.
  139         (8)Notwithstanding the person’s age or any exemptions
  140  provided in s. 327.395, any person delivering instruction
  141  regarding the safe operation of vessels or pre-rental or pre
  142  ride instruction in accordance with subsection (3) must have
  143  successfully completed a boating safety education course
  144  approved by the National Association of State Boating Law
  145  Administrators and this state.
  146         (9)If a vessel rented or leased by a livery is involved in
  147  an accident, the livery must report the accident to the
  148  division.
  149         (10)A livery shall make its facilities and records
  150  available for inspection upon request by law enforcement no
  151  later than 24 hours after receiving notice from law enforcement.
  152         (11)(a)(6) Any person convicted of violating this section,
  153  other than subsection (2), who has not been convicted of a
  154  violation of this section within the past 3 years commits a
  155  misdemeanor of the second degree, punishable as provided in s.
  156  775.082 or s. 775.083.
  157         (b)Unless the stricter penalties in paragraph (c) apply, a
  158  person who violates this section, other than subsection (2),
  159  within 3 years after a previous conviction of a violation of
  160  this section commits a misdemeanor of the first degree,
  161  punishable as provided in s. 775.082 or s. 775.083, with a
  162  minimum mandatory fine of $500.
  163         (c)A person who violates this section, other than
  164  subsection (2), within 5 years after two previous convictions
  165  for a violation of this section commits a misdemeanor of the
  166  first degree, punishable as provided in s. 775.082 or s.
  167  775.083, with a minimum mandatory fine of $1,000.
  168         (12)A person who commits more than one violation of this
  169  section, other than subsection (2), within a 3-year period may
  170  not act as a livery during a 90-day period immediately after
  171  being charged with that violation. Beginning January 1, 2023,
  172  the commission may revoke or refuse to issue a permit under
  173  subsection (2) based on repeated violations of this section.
  174  
  175  ================= T I T L E  A M E N D M E N T ================
  176  And the title is amended as follows:
  177         Delete lines 17 - 21
  178  and insert:
  179         requiring a person receiving safety instruction to
  180         provide the livery with a specified signed
  181         attestation; requiring a written agreement between a
  182         livery and a renter or lessee; providing requirements
  183         for such agreement; requiring specified boating safety
  184         education courses for certain instructors; requiring
  185         liveries to report certain accidents to the Division
  186         of Law Enforcement of the commission; requiring