Florida Senate - 2011                                     SB 370
       
       
       
       By Senator Rich
       
       
       
       
       34-00550-11                                            2011370__
    1                        A bill to be entitled                      
    2         An act relating to vessel safety; amending s. 327.39,
    3         F.S.; revising certain requirements for operating
    4         personal watercraft; providing penalties; amending s.
    5         327.54, F.S.; revising the requirements relating to
    6         the boating safety course required for leasing or
    7         renting a personal watercraft from a livery; providing
    8         an effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Subsections (5) and (6) of section 327.39,
   13  Florida Statutes, are amended to read:
   14         327.39 Personal watercraft regulated.—
   15         (5) No person under the age of 16 14 shall operate any
   16  personal watercraft on the waters of this state.
   17         (6)(a) It is unlawful for the owner of any personal
   18  watercraft or any person having charge over or control of a
   19  personal watercraft to authorize or knowingly permit the same to
   20  be operated by a person under 16 14 years of age in violation of
   21  this section or by a person who does not hold a boating safety
   22  identification card in compliance with s. 327.395(1).
   23         (b)1. It is unlawful for the owner of any leased, hired, or
   24  rented personal watercraft, or any person having charge over or
   25  control of a leased, hired, or rented personal watercraft, to
   26  authorize or knowingly permit the watercraft to be operated by
   27  any person who has not received instruction in the safe handling
   28  of personal watercraft, in compliance with s. 327.54 and rules
   29  established by the commission.
   30         2. Any person receiving instruction in the safe handling of
   31  personal watercraft pursuant to s. 327.54 and any a program
   32  established by rule of the commission must provide the owner of,
   33  or person having charge of or control over, a leased, hired, or
   34  rented personal watercraft with a written statement attesting to
   35  the same.
   36         3. The commission shall have the authority to establish
   37  rules pursuant to chapter 120 prescribing the instruction to be
   38  given, which shall take into account the nature and operational
   39  characteristics of personal watercraft and general principles
   40  and regulations pertaining to boating safety.
   41         (c) Any person who violates this subsection commits a
   42  misdemeanor of the second degree, punishable as provided in s.
   43  775.082 or s. 775.083.
   44         Section 2. Subsection (4) of section 327.54, Florida
   45  Statutes, is amended to read:
   46         327.54 Liveries; safety regulations; penalty.—
   47         (4)(a) A livery may not knowingly lease, hire, or rent a
   48  personal watercraft to any person who is under 18 years of age.
   49         (b) A livery may not knowingly lease, hire, or rent a
   50  personal watercraft to any person who has not received
   51  instruction in the safe handling of personal watercraft pursuant
   52  to rule 68D-36.107, Florida Administrative Code, or any other
   53  rule, in compliance with rules established by the commission
   54  pursuant to chapter 120.
   55         (c) Any person receiving instruction in the safe handling
   56  of personal watercraft pursuant to rule 68D-36.107, Florida
   57  Administrative Code, or any other a program established by rule
   58  of the commission, must provide the livery with a written
   59  statement attesting to the same.
   60  
   61  Any person delivering the information specified in this
   62  subsection must enroll in, attend, and successfully complete, at
   63  his or her own expense, a boating safety course approved by the
   64  National Association of State Boating Law Administrators and the
   65  commission.
   66         Section 3. This act shall take effect July 1, 2011.