Florida Senate - 2023 SB 728
By Senator Garcia
36-00399B-23 2023728__
1 A bill to be entitled
2 An act relating to liveries; amending s. 327.54, F.S.;
3 revising safety requirements for liveries and
4 requiring hands-on instruction that meets specified
5 requirements; providing an exemption from certain
6 safety requirements when a renter hires a professional
7 captain; revising insurance requirements for liveries
8 and renters; authorizing the Fish and Wildlife
9 Conservation Commission to enter into agreements with
10 qualified contractors to perform compliance
11 inspections of liveries; providing requirements for
12 such contracted inspections; requiring liveries to
13 make facilities and records available for inspection
14 by the qualified contractors within a specified
15 timeframe; providing an effective date.
16
17 Be It Enacted by the Legislature of the State of Florida:
18
19 Section 1. Section 327.54, Florida Statutes, is amended to
20 read:
21 327.54 Liveries; safety regulations; penalty.—
22 (1) As used in this section, the term:
23 (a) “Advertise” means to describe or draw attention to a
24 vessel and its availability for lease or rental in any medium
25 for the purpose of promoting the lease or rental of the vessel.
26 (b) “Conviction” means any judicial disposition other than
27 acquittal or dismissal.
28 (c) “Livery” means a person who advertises and offers a
29 livery vessel for use by another in exchange for any type of
30 consideration when such person does not also provide the lessee
31 or renter with a captain, a crew, or any type of staff or
32 personnel to operate, oversee, maintain, or manage the vessel.
33 The owner of a vessel who does not advertise his or her vessel
34 for use by another for consideration and who loans or offers his
35 or her vessel for use to another known to him or her either for
36 consideration or without consideration is not a livery. A public
37 or private school or postsecondary institution located within
38 this state is not a livery. A vessel rented or leased by a
39 livery is a livery vessel as defined in s. 327.02.
40 (d) “Seaworthy” means the vessel and all of its parts and
41 equipment, including, but not limited to, engines, bilge pumps,
42 and kill switches, are functional and reasonably fit for their
43 intended purpose.
44 (2) A livery may not offer a vessel for lease or rent
45 without first being issued a no-cost livery permit by the
46 commission. The permit must be renewed annually. To qualify for
47 issuance or renewal of a livery permit, an applicant must
48 provide the commission with a list of all vessels offered by the
49 livery for lease or rent by another, have valid insurance
50 pursuant to subsection (8) (7), have an amount of United States
51 Coast Guard-approved lawful personal floatation devices on site
52 sufficient to accommodate the capacity of all vessels offered by
53 the livery for rent or lease by another, have on site all safety
54 equipment required by s. 327.50 and the Code of Federal
55 Regulations sufficient to equip all vessels offered by the
56 livery for rent or lease by another, and display the information
57 required by paragraph (3)(f). If, before the annual renewal of
58 the permit, the information required by this subsection changes,
59 the livery must provide the commission with the updated
60 information within 10 days after the change.
61 (a) The commission may adopt rules to implement this
62 subsection.
63 (b) A person who violates this subsection commits a
64 misdemeanor of the first degree, punishable as provided in s.
65 775.082 or s. 775.083.
66 (3) A livery may not knowingly lease or rent a vessel to
67 any person:
68 (a) When the number of persons intending to use the vessel
69 exceeds the number considered to constitute a maximum safety
70 load for the vessel as specified on the authorized persons
71 capacity plate of the vessel.
72 (b) When the horsepower of the motor exceeds the capacity
73 of the vessel.
74 (c) When the vessel does not contain the safety equipment
75 required under s. 327.50.
76 (d) When the vessel is not seaworthy, is a derelict vessel
77 as defined in s. 823.11, or is at risk of becoming derelict as
78 provided in s. 327.4107.
79 (e) Unless the livery provides hands-on pre-rental or pre
80 ride instruction in compliance with rules established by the
81 commission.
82 1. The instruction must include, but need not be limited
83 to:
84 a. Operational characteristics of the vessel to be rented.
85 b. Safe vessel operation and vessel right-of-way.
86 c. The responsibility of the vessel operator for the safe
87 and proper operation of the vessel.
88 d. Local characteristics of the waterway where the vessel
89 will be operated, such as navigational hazards, the presence of
90 boating-restricted areas, and water depths, and education on any
91 safety, regulatory, informational, or navigation markers in the
92 geographic vicinity.
93 e. Emergency procedures, such as appropriate responses to
94 capsizing, falls overboard, taking on water, and vessel
95 accidents.
96 f. A notice of the prohibition against boating under the
97 influence pursuant to s. 327.35.
98 2. Any person receiving instruction in the safe handling of
99 livery vessels pursuant to this paragraph must provide the
100 livery with a written statement attesting to each component of
101 the instruction.
102 a. The commission shall establish by rule the content of
103 the statement form.
104 b. The statement form must be signed by the individual
105 providing the instruction.
106 c. The livery shall maintain the statement form for no less
107 than 90 days and, upon request, make the form available for
108 inspection by law enforcement or an authorized agent of the
109 commission pursuant to subsection (10).
110 (f) Unless the livery displays boating safety information
111 in a place visible to the renting public. The commission shall
112 prescribe by rule, pursuant to chapter 120, the contents and
113 size of the boating safety information to be displayed.
114 (g) Unless the livery has a written agreement with the
115 renter or lessee. The written agreement must include the name,
116 address, and date of birth for the renter and the number of
117 people aboard the vessel, as well as the time the vessel is
118 required to be returned to the livery or another specified
119 location and an emergency contact name, address, and telephone
120 number. The livery shall maintain each agreement for no less
121 than 1 year and, upon request, make each agreement available for
122 inspection by law enforcement or an authorized agent of the
123 commission pursuant to subsection (10).
124 (4) If a renter or lessee retains a professional captain
125 who holds an active license issued by the United States Coast
126 Guard to command the vessel as required by an agreement between
127 the livery and the renter or lessee, and the livery confirms
128 that a professional captain has been retained, the renter or
129 lessee and the livery are not subject to paragraph (3)(e).
130 (5) A livery may not knowingly lease or rent a vessel to a
131 person who is required to comply with s. 327.395 unless such
132 person presents to the livery the documentation required by s.
133 327.395(2) for the operation of a vessel or meets the exemption
134 provided under s. 327.395(6)(f).
135 (6)(5) If a vessel rented or leased by a livery is
136 unnecessarily overdue more than 4 hours after the contracted
137 vessel rental time has expired, the livery must notify law
138 enforcement.
139 (7)(6) A livery may not knowingly lease or rent a livery
140 vessel, other than a human-powered vessel, to any person who is
141 under 18 years of age.
142 (8)(7) A livery may not lease or rent or offer to lease or
143 rent any livery vessel unless the livery first obtains and
144 carries in full force and effect a policy from a licensed
145 insurance carrier in this state which insures the livery and the
146 renter against any accident, loss, injury, property damage, or
147 other casualty caused by or resulting from the operation of the
148 livery vessel. The insurance policy must provide coverage of at
149 least $500,000 per person and $1 million per event. The livery
150 shall have proof of such insurance available for inspection at
151 the location where livery vessels are being leased or rented, or
152 offered for lease or rent, and shall provide to each renter the
153 insurance carrier’s name and address and the insurance policy
154 number. A livery may choose to limit insurance covering the
155 renter if the renter or lessee meets one of the following
156 requirements:
157 (a) Has a Florida boating safety identification card issued
158 by the commission, a temporary certificate, or another form of
159 boating certification authorized pursuant to s. 327.395.
160 (b) Hires a professional captain who holds an active
161 license issued by the United States Coast Guard.
162
163 This subsection does not apply to human-powered vessels.
164 (9)(8) Notwithstanding the person’s age or any exemptions
165 provided in s. 327.395, any person delivering instruction
166 regarding the safe operation of vessels or hands-on pre-rental
167 or pre-ride instruction in accordance with subsection (3) must
168 have successfully completed a boating safety education course
169 approved by the National Association of State Boating Law
170 Administrators and this state.
171 (10) To enhance enforcement efforts, the commission may
172 enter into agreements with qualified contractors to perform
173 inspections of liveries to ensure compliance with this section.
174 Inspections may be performed by an authorized agent working
175 under the supervision of a qualified contractor. The qualified
176 contractor shall provide a copy of a written, signed inspection
177 report to the livery upon completion of the inspection and to
178 the commission within 30 days after the inspection. The
179 commission may develop the contents of the inspection report.
180 (11)(9) If a vessel rented or leased by a livery is
181 involved in an accident, the livery must report the accident to
182 the division.
183 (12)(10) A livery shall make its facilities and records
184 available for inspection upon request by law enforcement or an
185 authorized agent of the commission pursuant to subsection (10)
186 no later than 24 hours after receiving notice from law
187 enforcement or an authorized agent of the commission.
188 (13)(a)(11)(a) Any person convicted of violating this
189 section, other than subsection (2), who has not been convicted
190 of a violation of this section within the past 3 years commits a
191 misdemeanor of the second degree, punishable as provided in s.
192 775.082 or s. 775.083.
193 (b) Unless the stricter penalties in paragraph (c) apply, a
194 person who violates this section, other than subsection (2),
195 within 3 years after a previous conviction of a violation of
196 this section commits a misdemeanor of the first degree,
197 punishable as provided in s. 775.082 or s. 775.083, with a
198 minimum mandatory fine of $500.
199 (c) A person who violates this section, other than
200 subsection (2), within 5 years after two previous convictions
201 for a violation of this section commits a misdemeanor of the
202 first degree, punishable as provided in s. 775.082 or s.
203 775.083, with a minimum mandatory fine of $1,000.
204 (14)(12) A person who commits more than one violation of
205 this section, other than subsection (2), within a 3-year period
206 may not act as a livery during a 90-day period immediately after
207 being charged with that violation. The commission may revoke or
208 refuse to issue a permit under subsection (2) based on repeated
209 violations of this section.
210 Section 2. This act shall take effect July 1, 2023.