This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives.
STORAGE NAME: h0701.TIE
DATE: 1/14/2022
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 701 Boating and Vessel Safety
SPONSOR(S): McFarland
TIED BILLS: IDEN./SIM. BILLS:
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Tourism, Infrastructure & Energy Subcommittee Neuffer Keating
2) Environment, Agriculture & Flooding
Subcommittee
3) Commerce Committee
SUMMARY ANALYSIS
The Florida Fish and Wildlife Conservation Commission (FWC) regulates, manages, and conserves the fish
and wildlife resources within the state. Within the FWC, the Division of Law Enforcement enforces boating
rules and regulations, coordinates boating safety campaigns and education, and investigates boating
accidents.
Any person born on or after January 1, 1988, who wishes to operate a vessel powered by a motor 10
horsepower or greater must complete a boating safety education course approved by the National Association
of State Boating Law Administrators (NASBLA). The NASBLA provides minimum standards which are
reviewed every five years and apply to all basic boating courses across the U.S. and its territories.
In 2018, federal law went into effect requiring operators of vessels less than 26 feet in length and with three or
more horsepower to employ an engine cut-off switch if installed on the vessel. Florida has a similar law but with
regard only to jet skis.
The bill requires that FWC include as components in boating safety education campaigns and education
material, as appropriate, the following:
The dangers of passengers sitting in areas not designed and designated for seating.
The operation of a boat with persons in the water nearby.
The dangers of starting a vessel with the engine in gear.
The risks of leaving a vessel running while passengers are onboarding or disembarking.
The proper use and benefits of an engine cut-off switch for motorboats and personal
watercrafts.
The bill also requires that instructors of water sports or activities which involve people participating from the
water wear an engine cut-off switch.
The bill does not have an impact on state or local government revenues. The bill does not have an impact on
local government expenditures. The bill may have an insignificant fiscal impact on state government
expenditures.
The bill provides an effective date of July 1, 2022.
STORAGE NAME: h0701.TIE PAGE: 2
DATE: 1/14/2022
FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Present Situation
The Florida Fish and Wildlife Conservation Commission (FWC) regulates, manages, and conserves the
fish and wildlife resources within the state.
1
The Division of Law Enforcement within the FWC is tasked
with the enforcement of boating rules and regulations, coordinating boating safety campaigns and
education, and investigating boating accidents.
Any person born on or after January 1, 1988, must complete a boating safety education course
approved by the National Association of State Boating Law Administrators (NASBLA) in order to
operate a vessel powered by a motor of 10 horsepower or greater.
2
Any operator required by statute to
complete the boating safety education course must carry a boating education ID card and a photo ID
while operating any qualifying vessel.
3
NASBLA provides minimum standards that apply to all basic boating courses in the U.S. and its
territories.
4
The minimum standards are reviewed every five years with the purpose of establishing a
national standard for all courses across the nation. Under current NASBLA standards, courses must
describe state-required equipment, such as engine cut-off lanyards or bailing devices.
5
Courses must
additionally cover boat operation, trip planning, and emergency preparation.
6
There are several courses
within the state of Florida which meet NASBLA’s 8-hour instruction requirement, ranging from no cost
to $50.
7
A boating safety education course card is valid for life unless it was obtained through a
temporary examination, in which instance it is valid for only 90 days.
8
Florida law specifies certain equipment and lighting standards for all vessels operated in the waters of
the state, and identifies the equipment which must be carried, stored, maintained, and used in
accordance with current United States Coast Guard (USCG) safety equipment requirements.
9
Federal law requires any individual operating a covered recreational vessel
10
to use an engine cut-off
switch link while operating on plane or above displacement speed.
11
Any manufacturer, distributer, or
dealer of propulsion machinery associated with starting controls on a covered recreational vessel must
equip such vessel with an engine cut-off switch and an engine cut-off switch link.
12
Engine cut-off
switches are normally coiled bungee cords but can also be electronic wireless devices. They operate to
shut off the engine if the operator is separated from the operating area, reducing the dangers created
by a runaway vessel or impact with the spinning propeller.
13
A person in violation of this law is liable for
a civil penalty to the United States Government of not more than $100 for the first offense,
14
$250 for
1
Art. IV, s. 9, Fla. Const.
2
See s. 327.395(6)(a)-(g), F.S., (listing exemptions from the boating safety education course requirement).
3
S. 327.395(2), F.S.
4
See ANSI/NASBLA, 103-2016: Basic Boating Knowledge – Power (November 18, 2015).
5
See National Association of State Boating Law Administrators, NASBLA Policy: Basic Boating Education Course
Approval (September 13, 2016) (describing the minimum educational requirements of a boating course for NASBLA
approval).
6
Id.
7
FWC, Boating Safety Courses, https://myfwc.com/boating/safety-education/courses/ (last visited January 4, 2022).
8
S. 327.395(5), F.S.
9
S. 327.50, F.S.
10
See 46 U.S.C. § 4312(e)(1) (defining covered recreational vessel as a recreational vessel that is less than 26 feet
overall in length and capable of developing 115 pounds or more of static thrust); see 46 U.S.C. § 4312(e)(6) (defining
static thrust as the forward or backwards thrust developed by propulsion machinery while stationary).
11
46 U.S.C. § 4312(b).
12
46 U.S.C. § 4312(a).
13
USCG, Engine Cut-Off Switches, supra.
14
46 U.S.C. § 4311(c)(1). STORAGE NAME: h0701.TIE PAGE: 3
DATE: 1/14/2022
the second offense,
15
and $500 for any subsequent offense.
16
Although the law did not go into effect
until 2018, most U.S. boat manufacturers had already voluntarily installed engine cut-off switches on
their boats.
17
Exceptions are provided for vessels if the main helm is within an enclosed cabin, or if the
vessel is not required to have an engine cut-off switch.
18
Florida’s current law provides a similar mandate but only for personal watercraft, commonly identified
as jet skis.
19
Effect of Proposed Changes
In 2020, there were 836 boating accidents in the state of Florida.
20
Of those accidents, 79 resulted in
fatalities, with 69% of operators having no formal boater education.
21
The bill expands the list of topics that must be covered in FWC boating safety education campaigns
and commission materials to include:
The dangers of passengers sitting in areas not designed and designated for seating.
The operation of a boat with persons in the water nearby.
The dangers of starting a vessel with the engine in gear.
The risks of leaving a vessel running while passengers are onboarding or disembarking.
The proper use and benefits of an engine cut-off switch for motorboats and personal
watercrafts.
The bill also requires the instructor of a water sport or activity which causes participants to be in the
water to wear an engine cut-off switch link. The bill does not provide a legal penalty for failure to comply
with the bill.
B. SECTION DIRECTORY:
Section 1 Amends s. 327.395, F.S.; relating to boating safety education.
Section 2 Amends s. 327.50, F.S.; relating to vessel safety regulations.
Section 3 Provides an effective date.
II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT
A. FISCAL IMPACT ON STATE GOVERNMENT:
1. Revenues:
None.
2. Expenditures:
15
46 U.S.C. § 4311(c)(2).
16
46 U.S.C. § 4311(c)(3).
17
United States Coast Guard, Engine Cut-Off Switches, https://uscgboating.org/recreational-boaters/engine-cut-off-
devices.php (last visited January 4, 2022).
18
46 U.S.C. § 4312(b)(2).
19
S. 327.39, F.S.; see s. 327.02(37) (defining “personal watercraft” as a vessel less than 16 feet in length which uses an
inboard motor powering a water jet pump as its primary source of motive power and which is designed to be operated by
a person sitting, standing, or kneeling on the vessel).
20
Florida Fish and Wildlife Conservation Commission, 2020 Boating Accident Statistical Report, 2020,
https://myfwc.com/media/26463/2020-basr-booklet.pdf (last visited January 13, 2022).
21
Id. STORAGE NAME: h0701.TIE PAGE: 4
DATE: 1/14/2022
The bill appears to have an insignificant impact to FWC expenditures necessary to incorporate the
required items into education campaigns and materials.
B. FISCAL IMPACT ON LOCAL GOVERNMENTS:
1. Revenues:
None.
2. Expenditures:
None.
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Motorized vessels that are not covered under federal law and which are used for the instruction of
water sports and activities will be required to have an engine cut-off switch installed if not already
equipped with one.
D. FISCAL COMMENTS:
None.
III. COMMENTS
A. CONSTITUTIONAL ISSUES:
1. Applicability of Municipality/County Mandates Provision:
Not Applicable. The bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.
2. Other:
None.
B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.
C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill requires that the instructor of a water sport or activity wear an engine cut-off switch at specified
times. However, the instructor may not always be the same person as the vessel operator. Thus, the
bill could be clarified to state that the operator, rather than instructor, must use an engine cut-off switch
and wear an operative link to the switch.
Further, the precise term for the device connected to a person is the engine cut-off switch link. The
engine cut-off switch which is located near the vessel’s engine area, not on the operator’s person.
Therefore, the bill could be clarified to state that the operator must wear an engine cut-off switch link.
Neither the bill nor the chapter define “water sports or activities.” Given the broad range of activities that
can occur in the water and in close proximity to boats, definitions for these terms could clarify the bill’s
scope.
IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable. STORAGE NAME: h0701.TIE PAGE: 5
DATE: 1/14/2022