Florida Senate - 2023                              CS for SB 728
       
       
        
       By the Committee on Commerce and Tourism; and Senator Garcia
       
       
       
       
       
       577-03156-23                                           2023728c1
    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; providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Section 327.54, Florida Statutes, is amended to
   13  read:
   14         327.54 Liveries; safety regulations; penalty.—
   15         (1) As used in this section, the term:
   16         (a) “Advertise” means to describe or draw attention to a
   17  vessel and its availability for lease or rental in any medium
   18  for the purpose of promoting the lease or rental of the vessel.
   19         (b) “Conviction” means any judicial disposition other than
   20  acquittal or dismissal.
   21         (c) “Livery” means a person who advertises and offers a
   22  livery vessel for use by another in exchange for any type of
   23  consideration when such person does not also provide the lessee
   24  or renter with a captain, a crew, or any type of staff or
   25  personnel to operate, oversee, maintain, or manage the vessel.
   26  The owner of a vessel who does not advertise his or her vessel
   27  for use by another for consideration and who loans or offers his
   28  or her vessel for use to another known to him or her either for
   29  consideration or without consideration is not a livery. A public
   30  or private school or postsecondary institution located within
   31  this state is not a livery. A vessel rented or leased by a
   32  livery is a livery vessel as defined in s. 327.02.
   33         (d) “Seaworthy” means the vessel and all of its parts and
   34  equipment, including, but not limited to, engines, bilge pumps,
   35  and kill switches, are functional and reasonably fit for their
   36  intended purpose.
   37         (2) A livery may not offer a vessel for lease or rent
   38  without first being issued a no-cost livery permit by the
   39  commission. The permit must be renewed annually. To qualify for
   40  issuance or renewal of a livery permit, an applicant must
   41  provide the commission with a list of all vessels offered by the
   42  livery for lease or rent by another, have valid insurance
   43  pursuant to subsection (8) (7), have an amount of United States
   44  Coast Guard-approved lawful personal floatation devices on site
   45  sufficient to accommodate the capacity of all vessels offered by
   46  the livery for rent or lease by another, have on site all safety
   47  equipment required by s. 327.50 and the Code of Federal
   48  Regulations sufficient to equip all vessels offered by the
   49  livery for rent or lease by another, and display the information
   50  required by paragraph (3)(f). If, before the annual renewal of
   51  the permit, the information required by this subsection changes,
   52  the livery must provide the commission with the updated
   53  information within 10 days after the change.
   54         (a) The commission may adopt rules to implement this
   55  subsection.
   56         (b) A person who violates this subsection commits a
   57  misdemeanor of the first degree, punishable as provided in s.
   58  775.082 or s. 775.083.
   59         (3) A livery may not knowingly lease or rent a vessel to
   60  any person:
   61         (a) When the number of persons intending to use the vessel
   62  exceeds the number considered to constitute a maximum safety
   63  load for the vessel as specified on the authorized persons
   64  capacity plate of the vessel.
   65         (b) When the horsepower of the motor exceeds the capacity
   66  of the vessel.
   67         (c) When the vessel does not contain the safety equipment
   68  required under s. 327.50.
   69         (d) When the vessel is not seaworthy, is a derelict vessel
   70  as defined in s. 823.11, or is at risk of becoming derelict as
   71  provided in s. 327.4107.
   72         (e) Unless the livery provides pre-rental or pre-ride
   73  instruction, which shall include hands-on instruction, in
   74  compliance with rules established by the commission.
   75         1. The instruction must include, but need not be limited
   76  to:
   77         a. Operational characteristics of the vessel to be rented.
   78         b. Safe vessel operation and vessel right-of-way.
   79         c. The responsibility of the vessel operator for the safe
   80  and proper operation of the vessel.
   81         d. Local characteristics of the waterway where the vessel
   82  will be operated, such as navigational hazards, the presence of
   83  boating-restricted areas, and water depths, and education on any
   84  safety, regulatory, informational, or navigation markers in the
   85  geographic vicinity.
   86         e. Emergency procedures, such as appropriate responses to
   87  capsizing, falls overboard, taking on water, and vessel
   88  accidents.
   89         f. A notice of the prohibition against boating under the
   90  influence pursuant to s. 327.35.
   91         2. Any person receiving instruction in the safe handling of
   92  livery vessels pursuant to this paragraph must provide the
   93  livery with a written statement attesting to each component of
   94  the instruction.
   95         a. The commission shall establish by rule the content of
   96  the statement form.
   97         b. The statement form must be signed by the individual
   98  providing the instruction.
   99         c. The livery shall maintain the statement form for no less
  100  than 90 days and, upon request, make the form available for
  101  inspection by law enforcement.
  102         (f) Unless the livery displays boating safety information
  103  in a place visible to the renting public. The commission shall
  104  prescribe by rule, pursuant to chapter 120, the contents and
  105  size of the boating safety information to be displayed.
  106         (g) Unless the livery has a written agreement with the
  107  renter or lessee. The written agreement must include the name,
  108  address, and date of birth for the renter and the number of
  109  people aboard the vessel, as well as the time the vessel is
  110  required to be returned to the livery or another specified
  111  location and an emergency contact name, address, and telephone
  112  number. The livery shall maintain each agreement for no less
  113  than 1 year and, upon request, make each agreement available for
  114  inspection by law enforcement.
  115         (4) If a renter or lessee retains a professional captain
  116  who holds an active license issued by the United States Coast
  117  Guard to command the vessel as required by the agreement between
  118  the livery and the renter or lessee, the livery is not subject
  119  to paragraph (3)(e).
  120         (5) A livery may not knowingly lease or rent a vessel to a
  121  person who is required to comply with s. 327.395 unless such
  122  person presents to the livery the documentation required by s.
  123  327.395(2) for the operation of a vessel or meets the exemption
  124  provided under s. 327.395(6)(f).
  125         (6)(5) If a vessel rented or leased by a livery is
  126  unnecessarily overdue more than 4 hours after the contracted
  127  vessel rental time has expired, the livery must notify law
  128  enforcement.
  129         (7)(6) A livery may not knowingly lease or rent a livery
  130  vessel, other than a human-powered vessel, to any person who is
  131  under 18 years of age.
  132         (8)(7) A livery may not lease or rent or offer to lease or
  133  rent any livery vessel unless the livery first obtains and
  134  carries in full force and effect a policy from a licensed
  135  insurance carrier in this state which insures the livery and the
  136  renter against any accident, loss, injury, property damage, or
  137  other casualty caused by or resulting from the operation of the
  138  livery vessel. The insurance policy must provide coverage of at
  139  least $500,000 per person and $1 million per event. The livery
  140  shall have proof of such insurance available for inspection at
  141  the location where livery vessels are being leased or rented, or
  142  offered for lease or rent, and shall provide to each renter the
  143  insurance carrier’s name and address and the insurance policy
  144  number. A livery may choose to limit insurance covering the
  145  renter if the renter or lessee meets one of the following
  146  requirements:
  147         (a) Has a Florida boating safety identification card issued
  148  by the commission, a temporary certificate, or another form of
  149  boating certification authorized pursuant to s. 327.395.
  150         (b) Hires a professional captain who holds an active
  151  license issued by the United States Coast Guard.
  152  
  153  This subsection does not apply to human-powered vessels.
  154         (9)(8) Notwithstanding the person’s age or any exemptions
  155  provided in s. 327.395, any person delivering instruction
  156  regarding the safe operation of vessels or hands-on pre-rental
  157  or pre-ride instruction in accordance with subsection (3) must
  158  have successfully completed a boating safety education course
  159  approved by the National Association of State Boating Law
  160  Administrators and this state.
  161         (10)(9) If a vessel rented or leased by a livery is
  162  involved in an accident, the livery must report the accident to
  163  the division.
  164         (11)(10) A livery shall make its facilities and records
  165  available for inspection upon request by law enforcement no
  166  later than 24 hours after receiving notice from law enforcement.
  167         (12)(a)(11)(a) Any person convicted of violating this
  168  section, other than subsection (2), who has not been convicted
  169  of a violation of this section within the past 3 years commits a
  170  misdemeanor of the second degree, punishable as provided in s.
  171  775.082 or s. 775.083.
  172         (b) Unless the stricter penalties in paragraph (c) apply, a
  173  person who violates this section, other than subsection (2),
  174  within 3 years after a previous conviction of a violation of
  175  this section commits a misdemeanor of the first degree,
  176  punishable as provided in s. 775.082 or s. 775.083, with a
  177  minimum mandatory fine of $500.
  178         (c) A person who violates this section, other than
  179  subsection (2), within 5 years after two previous convictions
  180  for a violation of this section commits a misdemeanor of the
  181  first degree, punishable as provided in s. 775.082 or s.
  182  775.083, with a minimum mandatory fine of $1,000.
  183         (13)(12) A person who commits more than one violation of
  184  this section, other than subsection (2), within a 3-year period
  185  may not act as a livery during a 90-day period immediately after
  186  being charged with that violation. The commission may revoke or
  187  refuse to issue a permit under subsection (2) based on repeated
  188  violations of this section.
  189         Section 2. This act shall take effect July 1, 2023.