Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 728
       
       
       
       
       
       
                                Ì462846CÎ462846                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/27/2023           .                                
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       The Committee on Commerce and Tourism (Garcia) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 79 - 204
    4  and insert:
    5         (e) Unless the livery provides pre-rental or pre-ride
    6  instruction, which shall include hands-on instruction, in
    7  compliance with rules established by the commission.
    8         1. The instruction must include, but need not be limited
    9  to:
   10         a. Operational characteristics of the vessel to be rented.
   11         b. Safe vessel operation and vessel right-of-way.
   12         c. The responsibility of the vessel operator for the safe
   13  and proper operation of the vessel.
   14         d. Local characteristics of the waterway where the vessel
   15  will be operated, such as navigational hazards, the presence of
   16  boating-restricted areas, and water depths, and education on any
   17  safety, regulatory, informational, or navigation markers in the
   18  geographic vicinity.
   19         e. Emergency procedures, such as appropriate responses to
   20  capsizing, falls overboard, taking on water, and vessel
   21  accidents.
   22         f. A notice of the prohibition against boating under the
   23  influence pursuant to s. 327.35.
   24         2. Any person receiving instruction in the safe handling of
   25  livery vessels pursuant to this paragraph must provide the
   26  livery with a written statement attesting to each component of
   27  the instruction.
   28         a. The commission shall establish by rule the content of
   29  the statement form.
   30         b. The statement form must be signed by the individual
   31  providing the instruction.
   32         c. The livery shall maintain the statement form for no less
   33  than 90 days and, upon request, make the form available for
   34  inspection by law enforcement.
   35         (f) Unless the livery displays boating safety information
   36  in a place visible to the renting public. The commission shall
   37  prescribe by rule, pursuant to chapter 120, the contents and
   38  size of the boating safety information to be displayed.
   39         (g) Unless the livery has a written agreement with the
   40  renter or lessee. The written agreement must include the name,
   41  address, and date of birth for the renter and the number of
   42  people aboard the vessel, as well as the time the vessel is
   43  required to be returned to the livery or another specified
   44  location and an emergency contact name, address, and telephone
   45  number. The livery shall maintain each agreement for no less
   46  than 1 year and, upon request, make each agreement available for
   47  inspection by law enforcement.
   48         (4) If a renter or lessee retains a professional captain
   49  who holds an active license issued by the United States Coast
   50  Guard to command the vessel as required by the agreement between
   51  the livery and the renter or lessee, the livery is not subject
   52  to paragraph (3)(e).
   53         (5) A livery may not knowingly lease or rent a vessel to a
   54  person who is required to comply with s. 327.395 unless such
   55  person presents to the livery the documentation required by s.
   56  327.395(2) for the operation of a vessel or meets the exemption
   57  provided under s. 327.395(6)(f).
   58         (6)(5) If a vessel rented or leased by a livery is
   59  unnecessarily overdue more than 4 hours after the contracted
   60  vessel rental time has expired, the livery must notify law
   61  enforcement.
   62         (7)(6) A livery may not knowingly lease or rent a livery
   63  vessel, other than a human-powered vessel, to any person who is
   64  under 18 years of age.
   65         (8)(7) A livery may not lease or rent or offer to lease or
   66  rent any livery vessel unless the livery first obtains and
   67  carries in full force and effect a policy from a licensed
   68  insurance carrier in this state which insures the livery and the
   69  renter against any accident, loss, injury, property damage, or
   70  other casualty caused by or resulting from the operation of the
   71  livery vessel. The insurance policy must provide coverage of at
   72  least $500,000 per person and $1 million per event. The livery
   73  shall have proof of such insurance available for inspection at
   74  the location where livery vessels are being leased or rented, or
   75  offered for lease or rent, and shall provide to each renter the
   76  insurance carrier’s name and address and the insurance policy
   77  number. A livery may choose to limit insurance covering the
   78  renter if the renter or lessee meets one of the following
   79  requirements:
   80         (a) Has a Florida boating safety identification card issued
   81  by the commission, a temporary certificate, or another form of
   82  boating certification authorized pursuant to s. 327.395.
   83         (b) Hires a professional captain who holds an active
   84  license issued by the United States Coast Guard.
   85  
   86         This subsection does not apply to human-powered vessels.
   87         (9)(8) Notwithstanding the person’s age or any exemptions
   88  provided in s. 327.395, any person delivering instruction
   89  regarding the safe operation of vessels or hands-on pre-rental
   90  or pre-ride instruction in accordance with subsection (3) must
   91  have successfully completed a boating safety education course
   92  approved by the National Association of State Boating Law
   93  Administrators and this state.
   94         (10)(9) If a vessel rented or leased by a livery is
   95  involved in an accident, the livery must report the accident to
   96  the division.
   97         (11)(10) A livery shall make its facilities and records
   98  available for inspection upon request by law enforcement no
   99  later than 24 hours after receiving notice from law enforcement.
  100         (12)(a)(11)(a) Any person convicted of violating this
  101  section, other than subsection (2), who has not been convicted
  102  of a violation of this section within the past 3 years commits a
  103  misdemeanor of the second degree, punishable as provided in s.
  104  775.082 or s. 775.083.
  105         (b) Unless the stricter penalties in paragraph (c) apply, a
  106  person who violates this section, other than subsection (2),
  107  within 3 years after a previous conviction of a violation of
  108  this section commits a misdemeanor of the first degree,
  109  punishable as provided in s. 775.082 or s. 775.083, with a
  110  minimum mandatory fine of $500.
  111         (c) A person who violates this section, other than
  112  subsection (2), within 5 years after two previous convictions
  113  for a violation of this section commits a misdemeanor of the
  114  first degree, punishable as provided in s. 775.082 or s.
  115  775.083, with a minimum mandatory fine of $1,000.
  116         (13)(12) A person who commits more than one violation of
  117  
  118  ================= T I T L E  A M E N D M E N T ================
  119  And the title is amended as follows:
  120         Delete lines 8 - 15
  121  and insert:
  122          and renters; providing an effective date.