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.