HB 169

1
A bill to be entitled
2An act relating to vessel safety; amending s. 327.39,
3F.S.; revising certain requirements for operating personal
4watercraft; providing penalties; amending s. 327.54, F.S.;
5revising the requirements relating to the boating safety
6course required for leasing or renting a personal
7watercraft from a livery; providing an effective date.
8
9Be It Enacted by the Legislature of the State of Florida:
10
11     Section 1.  Subsections (5) and (6) of section 327.39,
12Florida Statutes, are amended to read:
13     327.39  Personal watercraft regulated.-
14     (5)  No person under the age of 16 14 shall operate any
15personal watercraft on the waters of this state.
16     (6)(a)  It is unlawful for the owner of any personal
17watercraft or any person having charge over or control of a
18personal watercraft to authorize or knowingly permit the same to
19be operated by a person under 16 14 years of age in violation of
20this section or by a person who does not hold a boating safety
21identification card in compliance with s. 327.395(1).
22     (b)1.  It is unlawful for the owner of any leased, hired,
23or rented personal watercraft, or any person having charge over
24or control of a leased, hired, or rented personal watercraft, to
25authorize or knowingly permit the watercraft to be operated by
26any person who has not received instruction in the safe handling
27of personal watercraft, in compliance with s. 327.54 and rules
28established by the commission.
29     2.  Any person receiving instruction in the safe handling
30of personal watercraft pursuant to s. 327.54 and any a program
31established by rule of the commission must provide the owner of,
32or person having charge of or control over, a leased, hired, or
33rented personal watercraft with a written statement attesting to
34the same.
35     3.  The commission shall have the authority to establish
36rules pursuant to chapter 120 prescribing the instruction to be
37given, which shall take into account the nature and operational
38characteristics of personal watercraft and general principles
39and regulations pertaining to boating safety.
40     (c)  Any person who violates this subsection commits a
41misdemeanor of the second degree, punishable as provided in s.
42775.082 or s. 775.083.
43     Section 2.  Subsection (4) of section 327.54, Florida
44Statutes, is amended to read:
45     327.54  Liveries; safety regulations; penalty.-
46     (4)(a)  A livery may not knowingly lease, hire, or rent a
47personal watercraft to any person who is under 18 years of age.
48     (b)  A livery may not knowingly lease, hire, or rent a
49personal watercraft to any person who has not received
50instruction in the safe handling of personal watercraft pursuant
51to rule 68D-36.107, Florida Administrative Code, or any other
52rule, in compliance with rules established by the commission
53pursuant to chapter 120.
54     (c)  Any person receiving instruction in the safe handling
55of personal watercraft pursuant to rule 68D-36.107, Florida
56Administrative Code, or any other a program established by rule
57of the commission, must provide the livery with a written
58statement attesting to the same.
59
60Any person delivering the information specified in this
61subsection must enroll in, attend, and successfully complete, at
62his or her own expense, a boating safety course approved by the
63National Association of State Boating Law Administrators and the
64commission.
65     Section 3.  This act shall take effect July 1, 2011.


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