Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. PCS (271670) for SB 606
       
       
       
       
       
       
                                Ì306914+Î306914                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Appropriations (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 87 - 265
    4  and insert:
    5         (b)“Livery” means a person who advertises and offers a
    6  vessel for use by another in exchange for any type of
    7  consideration when such person does not also provide the lessee
    8  or renter with a captain, a crew, or any type of staff or
    9  personnel to operate, oversee, maintain, or manage the vessel.
   10  The owner of a vessel who does not advertise his or her vessel
   11  for use by another for consideration and who loans or offers his
   12  or her vessel for use to another known to him or her either for
   13  consideration or without consideration is not a livery. A vessel
   14  rented or leased by a livery is a livery vessel as defined in s.
   15  327.02.
   16         (c)“Seaworthy” means the vessel and all of its parts and
   17  equipment, including, but not limited to, engines, bilge pumps,
   18  and kill switches, are functional and reasonably fit for their
   19  intended purpose.
   20         (2)Beginning on January 1, 2023, a livery may not offer a
   21  vessel for lease or rent without first being issued a no-cost
   22  livery permit by the commission. The permit must be renewed
   23  annually. To qualify for issuance or renewal of a livery permit,
   24  an applicant must provide the commission with a list of all
   25  vessels offered by the livery for lease or rent by another, have
   26  valid insurance pursuant to subsection (7), have an amount of
   27  United States Coast Guard-approved lawful personal floatation
   28  devices on site sufficient to accommodate the capacity of all
   29  vessels offered by the livery for rent or lease by another, have
   30  on site all safety equipment required by s. 327.50 and the Code
   31  of Federal Regulations sufficient to equip all vessels offered
   32  by the livery for rent or lease by another, and display the
   33  information required by paragraph (3)(f). If, before the annual
   34  renewal of the permit, the information required by this
   35  subsection changes, the livery must provide the commission with
   36  the updated information within 10 days after the change.
   37         (a)The commission may adopt rules to implement this
   38  subsection.
   39         (b)A person who violates this subsection commits a
   40  misdemeanor of the first degree, punishable as provided in s.
   41  775.082 or s. 775.083.
   42         (3) A livery may not knowingly lease, hire, or rent a
   43  vessel to any person:
   44         (a) When the number of persons intending to use the vessel
   45  exceeds the number considered to constitute a maximum safety
   46  load for the vessel as specified on the authorized persons
   47  capacity plate of the vessel.
   48         (b) When the horsepower of the motor exceeds the capacity
   49  of the vessel.
   50         (c) When the vessel does not contain the required safety
   51  equipment required under s. 327.50.
   52         (d) When the vessel is not seaworthy, is a derelict vessel
   53  as defined in s. 823.11, or is at risk of becoming derelict as
   54  provided in s. 327.4107.
   55         (e) When the vessel is equipped with a motor of 10
   56  horsepower or greater, Unless the livery provides pre-rental
   57  prerental or pre-ride preride instruction in compliance with
   58  rules established by the commission.
   59         1.The instruction must include that includes, but need not
   60  be limited to:
   61         a.1. Operational characteristics of the vessel to be
   62  rented.
   63         b.2. Safe vessel operation and vessel right-of-way.
   64         c.3. The responsibility of the vessel operator for the safe
   65  and proper operation of the vessel.
   66         d.4. Local characteristics of the waterway where the vessel
   67  will be operated, such as navigational hazards, the presence of
   68  boating-restricted areas, and water depths.
   69         e.Emergency procedures, such as appropriate responses to
   70  capsizing, falls overboard, taking on water, and vessel
   71  accidents.
   72         2. Any person receiving instruction in the safe handling of
   73  livery vessels pursuant to this paragraph must provide the
   74  livery with a written statement attesting to each component of
   75  the instruction.
   76         a.The commission shall establish by rule the content of
   77  the statement form.
   78         b.The statement form must be signed by the individual
   79  providing the instruction.
   80         c.The livery shall maintain the statement form for no less
   81  than 90 days and, upon request, make the form available for
   82  inspection by law enforcement.
   83  
   84  Any person delivering the information specified in this
   85  paragraph must have successfully completed a boater safety
   86  course approved by the National Association of State Boating Law
   87  Administrators and this state.
   88         (f) Unless the livery displays boating safety information
   89  in a place visible to the renting public. The commission shall
   90  prescribe by rule, pursuant to chapter 120, the contents and
   91  size of the boating safety information to be displayed.
   92         (g)Unless the livery has a written agreement with the
   93  renter or lessee. The written agreement must include a passenger
   94  manifest, as well as the time the vessel is required to be
   95  returned to the livery or another specified location and an
   96  emergency contact name, address, and telephone number. The
   97  livery shall maintain each agreement for no less than 1 year
   98  and, upon request, make each agreement available for inspection
   99  by law enforcement. Unless the livery knowingly omits a vessel
  100  passenger from the passenger manifest, the livery may not be
  101  held criminally or civilly liable for the action or inaction of
  102  a passenger who is not listed and who the livery is unaware is
  103  on the vessel, and the livery’s insurance is not responsible for
  104  covering injury to the unlisted passenger or for damages caused
  105  to another by the unlisted passenger.
  106         (4)(2) A livery may not knowingly lease, hire, or rent a
  107  vessel to a person who is required to comply with s. 327.395
  108  unless such person presents to the livery the documentation
  109  required by s. 327.395(2) for the operation of a vessel or meets
  110  the exemption provided under s. 327.395(6)(f).
  111         (5)(3) If a vessel rented or leased by a livery is
  112  unnecessarily overdue more than 1 hour after the contracted
  113  vessel rental time has expired, the livery must shall notify law
  114  enforcement and the United States Coast Guard the proper
  115  authorities.
  116         (6)(4)(a) A livery may not knowingly lease, hire, or rent a
  117  livery vessel personal watercraft to any person who is under 18
  118  years of age.
  119         (b) A livery may not knowingly lease, hire, or rent a
  120  personal watercraft to any person who has not received
  121  instruction in the safe handling of personal watercraft, in
  122  compliance with rules established by the commission pursuant to
  123  chapter 120.
  124         (c) Any person receiving instruction in the safe handling
  125  of personal watercraft pursuant to a program established by rule
  126  of the commission must provide the livery with a written
  127  statement attesting to the same.
  128         (7)(5) A livery may not lease, hire, or rent any livery
  129  vessel personal watercraft or offer to lease, hire, or rent any
  130  livery vessel personal watercraft unless the livery first
  131  obtains and carries in full force and effect a policy from a
  132  licensed insurance carrier in this state, insuring against any
  133  accident, loss, injury, property damage, or other casualty
  134  caused by or resulting from the operation of the livery vessel
  135  personal watercraft. The insurance policy must shall provide
  136  coverage of at least $500,000 per person and $1 million per
  137  event. The livery shall must have proof of such insurance
  138  available for inspection at the location where livery vessels
  139  personal watercraft are being leased, hired, or rented, or
  140  offered for lease, hire, or rent, and shall provide to each
  141  renter the insurance carrier’s name and address and the
  142  insurance policy number.
  143         (8)Notwithstanding the person’s age or any exemptions
  144  provided in s. 327.395, any person delivering instruction
  145  regarding the safe operation of vessels or pre-rental or pre
  146  ride instruction in accordance with subsection (3) must have
  147  successfully completed a boating safety education course
  148  approved by the National Association of State Boating Law
  149  Administrators and this state.
  150         (9)If a vessel rented or leased by a livery is involved in
  151  an accident, the livery must report the accident to the
  152  division.
  153         (10)A livery shall make its facilities and records
  154  available for inspection upon request by law enforcement no
  155  later than 24 hours after receiving notice from law enforcement.
  156         (11)(a)(6) Any person convicted of violating this section,
  157  other than subsection (2), who has not been convicted of a
  158  violation of this section within the past 3 years commits a
  159  misdemeanor of the second degree, punishable as provided in s.
  160  775.082 or s. 775.083.
  161         (b)Unless the stricter penalties in paragraph (c) apply, a
  162  person who violates this section, other than subsection (2),
  163  within 3 years after a previous conviction of a violation of
  164  this section commits a misdemeanor of the first degree,
  165  punishable as provided in s. 775.082 or s. 775.083, with a
  166  minimum mandatory fine of $500.
  167         (c)A person who violates this section, other than
  168  subsection (2), within 5 years after two previous convictions
  169  for a violation of this section commits a misdemeanor of the
  170  first degree, punishable as provided in s. 775.082 or s.
  171  775.083, with a minimum mandatory fine of $1,000.
  172         (12)A person who commits more than one violation of this
  173  section, other than subsection (2), within a 3-year period may
  174  not act as a livery during a 90-day period immediately after
  175  being charged with that violation. Beginning January 1, 2023,
  176  the commission may revoke or refuse to issue a permit under
  177  subsection (2) based on repeated violations of this section.
  178  
  179  ================= T I T L E  A M E N D M E N T ================
  180  And the title is amended as follows:
  181         Delete lines 17 - 21
  182  and insert:
  183         requiring a person receiving safety instruction to
  184         provide the livery with a specified signed
  185         attestation; requiring a written agreement between a
  186         livery and a renter or lessee; providing requirements
  187         for such agreement; providing that a livery or the
  188         livery’s insurance is not liable for the action or
  189         inaction of certain passengers; requiring specified
  190         boating safety education courses for certain
  191         instructors; requiring liveries to report certain
  192         accidents to the Division of Law Enforcement of the
  193         commission; requiring