HB 261 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to boating safety; amending s. 2
327.395, F.S.; removing a provision that exempts 3
persons born before a specified date from having 4
certain identification and boating safety 5
documentation in their possession while operating a 6
vessel; amending s. 327.54, F.S.; revising safety 7
requirements for liveries to include pre -rental or 8
pre-ride instruction on the proper use of floatation 9
devices; deleting the requirement that a livery obtain 10
and carry insurance that also insures a renter of the 11
livery vessel; providing an effective date. 12
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Be It Enacted by the Legislature of the State of Florida: 14
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Section 1. Subsections (1) and (2) of section 327.3 95, 16
Florida Statutes, are amended to read: 17
327.395 Boating safety education. — 18
(1) A person born on or after January 1, 1988, may not 19
operate a vessel powered by a motor of 10 horsepower or greater 20
unless such person has in his or her possession aboard the 21
vessel the documents required by subsection (2). 22
(2) While operating a vessel, a person identified under 23
subsection (1) must have in his or her possession aboard the 24
vessel photographic identification and a Florida boating safety 25
HB 261 2023
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hb0261-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
identification card issued by the commission; a state -issued 26
identification card or driver license indicating possession of 27
the Florida boating safety identification card; or photographic 28
identification and a temporary certificate issued or approved by 29
the commission, an Inte rnational Certificate of Competency, a 30
boating safety card or certificate from another state or United 31
States territory, or a Canadian Pleasure Craft Operator Card, 32
which shows that he or she has: 33
(a) Completed a commission -approved boating safety 34
education course that meets the minimum requirements established 35
by the National Association of State Boating Law Administrators; 36
(b) Passed a temporary certificate examination developed 37
or approved by the commission; 38
(c) A valid International Certificate of Competency; or 39
(d) Completed a boating safety education course or 40
equivalency examination in another state, a United States 41
territory, or Canada which meets or exceeds the minimum 42
requirements established by the National Association of State 43
Boating Law Administrators. 44
Section 2. Paragraph (e) of subsection (3) and subsection 45
(7) of section 327.54, Florida Statutes, are amended to read: 46
327.54 Liveries; safety regulations; penalty. — 47
(3) A livery may not knowingly lease or rent a vessel to 48
any person: 49
(e) Unless the livery provides pre -rental or pre-ride 50
HB 261 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
instruction in compliance with rules established by the 51
commission. 52
1. The instruction must include, but need not be limited 53
to: 54
a. Operational characteristics of the vessel to be rented. 55
b. Safe vessel operation and vessel right -of-way. 56
c. The responsibility of the vessel operator for the safe 57
and proper operation of the vessel. 58
d. Local characteristics of the waterway where the vessel 59
will be operated, such as navigational hazards, the presence of 60
boating-restricted areas, and water depths. 61
e. Emergency procedures, such as appropriate responses to 62
capsizing, falls overboard, taking on water, and vessel 63
accidents. 64
f. Proper use of personal floatation devices. 65
2. Any person receivin g instruction in the safe handling 66
of livery vessels pursuant to this paragraph must provide the 67
livery with a written statement attesting to each component of 68
the instruction. 69
a. The commission shall establish by rule the content of 70
the statement form. 71
b. The statement form must be signed by the individual 72
providing the instruction. 73
c. The livery shall maintain the statement form for no 74
less than 90 days and, upon request, make the form available for 75
HB 261 2023
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
inspection by law enforcement. 76
(7) A livery may not lease or rent or offer to lease or 77
rent any livery vessel unless the livery first obtains and 78
carries in full force and effect a policy from a licensed 79
insurance carrier in this state which insures the livery and the 80
renter against any accident, loss, injury, property damage, or 81
other casualty caused by or resulting from the operation of the 82
livery vessel. The insurance policy must provide coverage of at 83
least $500,000 per person and $1 million per event. The livery 84
shall have proof of such insurance av ailable for inspection at 85
the location where livery vessels are being leased or rented, or 86
offered for lease or rent, and shall provide to each renter the 87
insurance carrier's name and address and the insurance policy 88
number. This subsection does not apply to human-powered vessels. 89
Section 3. This act shall take effect July 1, 2023. 90