Bill Amendment: FL S0728 | 2023 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Liveries
Status: 2023-05-05 - Died in Rules [S0728 Detail]
Download: Florida-2023-S0728-Senate_Committee_Amendment_462846.html
Bill Title: Liveries
Status: 2023-05-05 - Died in Rules [S0728 Detail]
Download: Florida-2023-S0728-Senate_Committee_Amendment_462846.html
Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 728 Ì462846CÎ462846 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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,andwater 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.