Bill Text: FL S0100 | 2010 | Regular Session | Introduced

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Bill Title: Vessel Safety [EPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Commerce [S0100 Detail]

Download: Florida-2010-S0100-Introduced.html

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Florida Senate - 2010                                     SB 100 
 
By Senator Rich 
34-00055-10                                            2010100__ 
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; amending s. 327.54, F.S.; 
5         revising the requirements relating to the boating 
6         safety course required for leasing or renting a 
7         personal watercraft from a livery; providing an 
8         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, 2010.