Florida Senate - 2018                             CS for SB 1612
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senators Rader and Book
       
       
       
       
       592-02316-18                                          20181612c1
    1                        A bill to be entitled                      
    2         An act relating to airboat regulation; providing a
    3         short title; amending s. 327.391, F.S.; requiring, by
    4         a specified date, a commercial airboat operator to
    5         have specified documents on board the airboat while
    6         carrying passengers for hire; providing an exception;
    7         providing a penalty; amending s. 327.73, F.S.;
    8         providing a penalty for violation of airboat operation
    9         requirements; providing an effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. This act may be cited as “Ellie’s Law.”
   14         Section 2. Subsection (5) is added to section 327.391,
   15  Florida Statutes, to read:
   16         327.391 Airboats regulated.—
   17         (5)(a) Beginning December 31, 2018, a person may not
   18  operate an airboat to carry passengers for hire on waters of the
   19  state unless he or she has all of the following on board the
   20  airboat:
   21         1. A photographic identification card.
   22         2. Proof of compliance with s. 327.395.
   23         3. Proof of successful completion of a commission-approved
   24  airboat operator course that meets the minimum standards
   25  established by commission rule.
   26         4. A certificate of successful course completion in
   27  cardiopulmonary resuscitation and first aid.
   28         (b) A person issued a captain’s license by the United
   29  States Coast Guard is not required to complete the boating
   30  safety education course required under s. 327.395. Proof of the
   31  captain’s license must be on board the airboat when carrying
   32  passengers for hire on waters of the state.
   33         (c) A person who violates this subsection commits a
   34  noncriminal infraction, punishable as provided in s. 327.73.
   35         Section 3. Paragraph (cc) is added to subsection (1) of
   36  section 327.73, Florida Statutes, to read:
   37         327.73 Noncriminal infractions.—
   38         (1) Violations of the following provisions of the vessel
   39  laws of this state are noncriminal infractions:
   40         (cc) Section 327.391(5), relating to airboat operation
   41  requirements, for which the civil penalty is up to a maximum of
   42  $500.
   43  
   44  Any person cited for a violation of any provision of this
   45  subsection shall be deemed to be charged with a noncriminal
   46  infraction, shall be cited for such an infraction, and shall be
   47  cited to appear before the county court. The civil penalty for
   48  any such infraction is $50, except as otherwise provided in this
   49  section. Any person who fails to appear or otherwise properly
   50  respond to a uniform boating citation shall, in addition to the
   51  charge relating to the violation of the boating laws of this
   52  state, be charged with the offense of failing to respond to such
   53  citation and, upon conviction, be guilty of a misdemeanor of the
   54  second degree, punishable as provided in s. 775.082 or s.
   55  775.083. A written warning to this effect shall be provided at
   56  the time such uniform boating citation is issued.
   57         Section 4. This act shall take effect upon becoming a law.