January 23, 2019
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Florida Senate - 2008 SB 1192

By Senator Rich

34-02461A-08 20081192__

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A bill to be entitled

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An act relating to vessel safety; amending s. 327.39,

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F.S.; revising certain requirements for operating personal

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watercraft; amending s. 327.54, F.S.; revising the

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requirements relating to the boating safety course

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required for leasing or renting a vessel or personal

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watercraft from a livery; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  Subsections (5) and (6) of section 327.39,

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Florida Statutes, are amended to read:

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     327.39  Personal watercraft regulated.--

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     (5) No person under the age of 16 14 shall operate any

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personal watercraft on the waters of this state.

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     (6)(a)  It is unlawful for the owner of any personal

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watercraft or any person having charge over or control of a

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personal watercraft to authorize or knowingly permit the same to

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be operated by a person under 16 14 years of age in violation of

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this section or by a person who does not hold a boating safety

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identification card in compliance with s. 327.395.

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     (b)1.  It is unlawful for the owner of any leased, hired, or

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rented personal watercraft, or any person having charge over or

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control of a leased, hired, or rented personal watercraft, to

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authorize or knowingly permit the watercraft to be operated by

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any person who has not received instruction in the safe handling

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of personal watercraft, in compliance with s. 327.54 and rules

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established by the commission.

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     2.  Any person receiving instruction in the safe handling of

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personal watercraft pursuant to s. 327.54 and any a program

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established by rule of the commission must provide the owner of,

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or person having charge of or control over, a leased, hired, or

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rented personal watercraft with a written statement attesting to

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the same.

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     3.  The commission shall have the authority to establish

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rules pursuant to chapter 120 prescribing the instruction to be

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given, which shall take into account the nature and operational

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characteristics of personal watercraft and general principles and

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regulations pertaining to boating safety.

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     (c)  Any person who violates this subsection commits a

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misdemeanor of the second degree, punishable as provided in s.

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775.082 or s. 775.083.

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     Section 2.  Subsections (1) and (4) of section 327.54,

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Florida Statutes, are amended to read:

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     327.54  Liveries; safety regulations; penalty.--

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     (1)  A livery may not knowingly lease, hire, or rent a

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vessel to any person:

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     (a)  When the number of persons intending to use the vessel

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exceeds the number considered to constitute a maximum safety load

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for the vessel as specified on the authorized persons capacity

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plate of the vessel.

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     (b)  When the horsepower of the motor exceeds the capacity

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of the vessel.

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     (c)  When the vessel does not contain the required safety

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equipment required under s. 327.50.

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     (d)  When the vessel is not seaworthy.

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     (e)  When the vessel is equipped with a motor of 10

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horsepower or greater, unless the livery provides prerental or

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preride instruction that includes, but need not be limited to:

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     1.  Operational characteristics of the vessel to be rented.

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     2.  Safe vessel operation and vessel right-of-way.

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     3.  The responsibility of the vessel operator for the safe

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and proper operation of the vessel.

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     4.  Local characteristics of the waterway where the vessel

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will be operated.

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Any person delivering the information specified in this paragraph

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must enroll in, attend, and successfully complete, at his or her

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expense, have successfully completed a boating boater safety

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course that meets minimum standards established by commission

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rule approved by the National Association of State Boating Law

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Administrators and this state.

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     (f)  Unless the livery displays boating safety information

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in a place visible to the renting public. The commission shall

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prescribe by rule pursuant to chapter 120, the contents and size

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of the boating safety information to be displayed.

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     (4)(a)  A livery may not knowingly lease, hire, or rent a

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personal watercraft to any person who is under 18 years of age.

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     (b)  A livery may not knowingly lease, hire, or rent a

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personal watercraft to any person who has not received

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instruction in the safe handling of personal watercraft pursuant

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to rule 68D-36, Florida Administrative Code, or any other rule,

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in compliance with rules established by the commission pursuant

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to chapter 120.

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     (c)  Any person receiving instruction in the safe handling

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of personal watercraft pursuant to rule 68D-36, Florida

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Administrative Code, or any other a program established by rule

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of the commission, must provide the livery with a written

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statement attesting to the same.

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     Section 3.  This act shall take effect July 1, 2008.

CODING: Words stricken are deletions; words underlined are additions.

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