Bill Text: FL S1744 | 2020 | Regular Session | Introduced
Bill Title: Personal Watercraft
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2020-03-14 - Died in Environment and Natural Resources [S1744 Detail]
Download: Florida-2020-S1744-Introduced.html
Florida Senate - 2020 SB 1744 By Senator Torres 15-01809-20 20201744__ 1 A bill to be entitled 2 An act relating to personal watercraft; amending s. 3 327.39, F.S.; providing requirements for persons 4 operating, riding on, and being towed behind personal 5 watercraft; increasing the age requirement for 6 operation of a personal watercraft; prohibiting the 7 owner of, or a person having charge of or control 8 over, any leased, hired, or rented personal watercraft 9 from authorizing or knowingly allowing the watercraft 10 to be operated by certain persons; requiring companies 11 that provide personal watercraft for lease, hire, or 12 rent to maintain specified liability insurance 13 coverage; requiring such companies to provide 14 specified boating safety instructions and written 15 information; prohibiting the operation of certain 16 personal watercraft unless specified boater safety 17 course requirements are met; providing an exception; 18 requiring persons operating personal watercraft to 19 have specified documentation on board; providing 20 applicability; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 327.39, Florida Statutes, is amended to 25 read: 26 327.39 Personal watercraft regulated.— 27 (1)(a) A person may not operate a personal watercraft 28 unless each person riding on or being towed behind such vessel 29 is: 30 1. Wearing a personal flotation device, other than an 31 inflatable device, currently approved by the United States Coast 32 Guard and used in accordance with the United States Coast Guard 33 approval label. 34 2. Wearing a wet suit bottom or clothing other than normal 35 swimwear that provides equivalent protection against forceful 36 water entry into the lower body openings. Normal swimwear is not 37 considered adequate protection against forceful water entry. 38 3. If under the age of 18, wearing a helmet that is 39 properly fitted and is fastened securely upon the head by a 40 strap and that meets state or federal safety standards for such 41 helmet. A helmet purchased before July 2, 2022, that meets the 42 standards of the American National Standards Institute or the 43 Snell Memorial Foundation, or any other nationally or 44 internationally recognized standards for personal watercraft 45 helmets, in compliance with rules established by the commission 46 may continue to be worn until January 1, 2026. On and after 47 January 1, 2026, a person under the age of 18 must wear a helmet 48 that is approved by the United States Department of 49 Transportation, the Economic Commission for Europe, or the Snell 50 Memorial Foundation, in compliance with rules established by the 51 commission. 52 (b) A person may not operate a personal watercraft towing 53 another person on water skis or other towables unless: 54 1. The total number of persons operating, observing, and 55 being towed does not exceed the specified number of passengers 56 as identified by the manufacturer as the maximum safe load for 57 the personal watercraft. 58 2. The personal watercraft has on board, in addition to the 59 operator, a rear-facing observer who monitors the progress of 60 the person being towed. 61 (2) A person operating a personal watercraft equipped by 62 the manufacturer with a lanyard type engine cutoff switch must 63 attach such lanyard to his or her person, clothing, or personal 64 flotation device as is appropriate for the specific vessel. 65 (3) A person may not operate a personal watercraft at any 66 time between the hours from one-half hour after sunset to one 67 half hour before sunrise. However, an agent or employee of a 68 fire or emergency rescue service is exempt from this subsection 69 while performing his or her official duties. 70 (4) A personal watercraft must at all times be operated in 71 a reasonable and prudent manner. Maneuvers which unreasonably or 72 unnecessarily endanger life, limb, or property, including, but 73 not limited to, weaving through congested vessel traffic, 74 jumping the wake of another vessel unreasonably or unnecessarily 75 close to such other vessel or when visibility around such other 76 vessel is obstructed, and swerving at the last possible moment 77 to avoid collision shall constitute reckless operation of a 78 vessel, as provided in s. 327.33(1). AAnyperson operating a 79 personal watercraft must comply withthe provisions ofs. 80 327.33. 81 (5) ANoperson under the age of 16 may not14 shall82 operate any personal watercraft on the waters of this state. 83 (6)(a)It is unlawful forThe owner of any personal 84 watercraft or aanyperson having charge over or control of a 85 personal watercraft may nottoauthorize or knowingly permit the 86 personal watercraftsameto be operated by a person under 161487 years of agein violation of this section. 88 (b)1.It is unlawful forThe owner of any leased, hired, or 89 rented personal watercraft, or aanyperson having charge over 90 or control of a leased, hired, or rented personal watercraft, 91 may nottoauthorize or knowingly permit the watercraft to be 92 operated by aanyperson who has not received instruction in the 93 safe handling of personal watercraft, in compliance with rules 94 established by the commission. 95 2. AAnyperson receiving instruction in the safe handling 96 of personal watercraft pursuant to a program established by rule 97 of the commission must provide the owner of, or person having 98 charge of or control over, a leased, hired, or rented personal 99 watercraft with a written statement attesting to the same. 100 3. The commission hasshall havethe authority to establish 101 rules pursuant to chapter 120 prescribing the instruction to be 102 given, which shall take into account the nature and operational 103 characteristics of personal watercraft and general principles 104 and regulations pertaining to boating safety. 105 (c) The owner of, or a person having charge of or control 106 over, any leased, hired, or rented personal watercraft may not 107 authorize or knowingly permit the watercraft to be operated by a 108 person who is under 18 years of age unless: 109 1. The person possesses a helmet that is approved by the 110 United States Department of Transportation, the Economic 111 Commission for Europe, or the Snell Memorial Foundation, in 112 compliance with rules established by the commission; or 113 2. The owner of, or person having charge of or control 114 over, the leased, hired, or rented personal watercraft provides 115 a helmet for the person to wear that is approved by the United 116 States Department of Transportation, the Economic Commission for 117 Europe, or the Snell Memorial Foundation, in compliance with 118 rules established by the commission. 119 (d)(c)AAnyperson who violates this subsection commits a 120 misdemeanor of the second degree, punishable as provided in s. 121 775.082 or s. 775.083. 122 (7)(a) A company that provides personal watercraft for 123 lease, hire, or rent shall maintain liability insurance coverage 124 of at least $1 million. Proof of such insurance must be 125 available for inspection at the location where personal 126 watercraft are leased, hired, or rented. 127 (b) Before leasing or renting a personal watercraft, 128 operators of the company shall provide: 129 1. The name and address of the operator’s insurance carrier 130 and the insurance policy number to each person leasing or 131 renting a personal watercraft; 132 2. Boating safety instruction in compliance with rules 133 established by the commission to a person leasing or renting a 134 personal watercraft who does not possess valid identification 135 and a course completion certificate or proof of successful 136 completion of the requirements under subsection (8); and 137 3. The following written information to each person leasing 138 or renting a personal watercraft: 139 a. The operational characteristics of the personal 140 watercraft. 141 b. The boating regulations specific to the area where the 142 personal watercraft will be operated, including, but not limited 143 to, no-entry zones, no-wake zones, channel routes, water 144 hazards, and tidal flow. 145 c. An explanation of the common courtesies of operating a 146 personal watercraft on the water and the effect of personal 147 watercraft operation on wildlife, the environment, and other 148 water users. 149 (8)(a)1. A person may not operate any personal watercraft 150 powered by a motor of 10 horsepower or greater unless the person 151 has a course completion certificate or proof of successful 152 completion of: 153 a. A boater safety course approved by the commission and 154 the National Association of State Boating Law Administrators; or 155 b. A proficiency examination on the curriculum of a boater 156 safety course approved by the commission and the National 157 Association of State Boating Law Administrators. 158 2. A nonresident operating a personal watercraft on the 159 waters of this state is subject to the education course and 160 equivalency examination requirements of this subsection unless 161 he or she has proof of successful completion of an education 162 course or equivalency examination within their state of 163 residence that meets or exceeds such requirements. 164 3. A person operating a personal watercraft on the waters 165 of this state must have on board the personal watercraft proof 166 of successful completion of an education course or equivalency 167 examination required under this subsection. 168 (b) This subsection does not apply to a person who leases, 169 hires, or rents a personal watercraft pursuant to subsection 170 (6). 171 (9)(7)This section does not apply to: 172 (a) A performer engaged in a professional exhibition or a 173 person preparing to participate or participating in a regatta, 174 race, marine parade, tournament, or exhibition held in 175 compliance with s. 327.48. 176 (b) A person who holds a valid master, mate, or operator 177 license issued by the United States Coast Guard. 178 (c) A law enforcement officer or other emergency responder 179 engaged in the performance of their official duties. 180 Section 2. This act shall take effect July 1, 2020.