Bill Text: FL H0341 | 2012 | Regular Session | Introduced

Bill Title: Vessel Safety

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Failed) 2012-03-09 - Died in Agriculture and Natural Resources Subcommittee [H0341 Detail]

Download: Florida-2012-H0341-Introduced.html
HB 341

A bill to be entitled
2An act relating to vessel safety; amending s. 327.39,
3F.S.; revising certain requirements for operating
4personal watercraft; providing penalties; amending s.
5327.54, F.S.; revising requirements relating to the
6boating safety course required for leasing or renting
7a personal watercraft from a livery; providing an
8effective date.
10Be It Enacted by the Legislature of the State of Florida:
12     Section 1.  Subsections (5) and (6) of section 327.39,
13Florida Statutes, are amended to read:
14     327.39  Personal watercraft regulated.-
15     (5)  No person under the age of 16 14 shall operate any
16personal watercraft on the waters of this state.
17     (6)(a)  It is unlawful for the owner of any personal
18watercraft or any person having charge over or control of a
19personal watercraft to authorize or knowingly permit the same to
20be operated by a person under 16 14 years of age in violation of
21this section or by a person who does not hold a boating safety
22identification card in compliance with s. 327.395(1).
23     (b)1.  It is unlawful for the owner of any leased, hired,
24or rented personal watercraft, or any person having charge over
25or control of a leased, hired, or rented personal watercraft, to
26authorize or knowingly permit the watercraft to be operated by
27any person who has not received instruction in the safe handling
28of personal watercraft, in compliance with s. 327.54 and rules
29established by the commission.
30     2.  Any person receiving instruction in the safe handling
31of personal watercraft pursuant to s. 327.54 and any a program
32established by rule of the commission must provide the owner of,
33or person having charge of or control over, a leased, hired, or
34rented personal watercraft with a written statement attesting to
35the same.
36     3.  The commission shall have the authority to establish
37rules pursuant to chapter 120 prescribing the instruction to be
38given, which shall take into account the nature and operational
39characteristics of personal watercraft and general principles
40and regulations pertaining to boating safety.
41     (c)  Any person who violates this subsection commits a
42misdemeanor of the second degree, punishable as provided in s.
43775.082 or s. 775.083.
44     Section 2.  Subsection (4) of section 327.54, Florida
45Statutes, is amended to read:
46     327.54  Liveries; safety regulations; penalty.-
47     (4)(a)  A livery may not knowingly lease, hire, or rent a
48personal watercraft to any person who is under 18 years of age.
49     (b)  A livery may not knowingly lease, hire, or rent a
50personal watercraft to any person who has not received
51instruction in the safe handling of personal watercraft pursuant
52to rule 68D-36.107, Florida Administrative Code, or any other
53rule, in compliance with rules established by the commission
54pursuant to chapter 120.
55     (c)  Any person receiving instruction in the safe handling
56of personal watercraft pursuant to rule 68D-36.107, Florida
57Administrative Code, or any other a program established by rule
58of the commission, must provide the livery with a written
59statement attesting to the same.
61Any person delivering the information specified in this
62subsection must enroll in, attend, and successfully complete, at
63his or her own expense, a boating safety course approved by the
64National Association of State Boating Law Administrators and the
66     Section 3.  This act shall take effect July 1, 2012.

CODING: Words stricken are deletions; words underlined are additions.