HB 271 — Boating Safety Education

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 HBCS/HB 271 2021 A bill to be entitled An act relating to power-drivenboating vessel safety requirements;education;

providing a short title;

creating s.

327.396, F.S.;

prohibiting sitting in a specified manner upon the bow, transom, or gunwale of a power- driven vessel while the vessel is making way;

providing definitions;

providing penalties;

327.73,327.395, F.S.;

providingrequiring penaltiesboating forsafety violationseducation relatingcourses toand power-driventemporary vesselcertificate safetyexaminations requirements;to include specified information;

directing the Fish and Wildlife Conservation Commission to include specified information in boating safety campaigns and education materials;

ThisSubsection act(3) mayof besection cited327.395, asFlorida theStatutes, "Limbis Preservationamended Act."to Sectionread: 2.

Section327.395 327.396,Boating Floridasafety Statutes,education.— is(3) createdAny tocommission-approved read:boating safety education course or temporary certificate examination developed or approved by the commission must include a component regarding:

327.396(a) Power-drivenDiving vesselvessels, safetyawareness requirements.—of (1)divers Ain person may not sit upon the bow,water, transom,divers-down orwarning gunwaledevices, ofand a power-driven vessel with any portion of his or her foot or leg over the uppermostrequirements outside edge of thes. vessel while the vessel is making way.

(2)327.331. The operator of a power-driven vessel may not allow a person to sit upon the bow, transom, or gunwale of the vessel with any portion of his or her foot or leg over the uppermost Page 1 of 3 CODING:

(b) The risks associated with a passenger placing any portion of his or her appendage outside of a vessel while the vessel is underway.

(c) The proper use of an engine cutoff switch, as appropriate for certain vessels.

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hb0271-00hb0271-01-c1 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 HBCS/HB 271 2021 outsideThe edgecommission ofmust also include the vesselcomponents whileunder thethis vesselsubsection isin makingboating way.safety campaigns and education materials produced by the commission, as appropriate.

(3)Section As2. used in this section, the term:

(a) "Making way" means moving relative to the surface of the water as a result of a power-driven vessel's machinery.

(b) "Power-driven vessel" means a vessel propelled by machinery.

(4) A person who violates this section commits a noncriminal infraction, punishable as provided in s.

327.73.

Section 3.

Paragraph (cc) is added to subsection (1) of section 327.73, Florida Statutes, to read:

327.73 Noncriminal infractions.— (1) Violations of the following provisions of the vessel laws of this state are noncriminal infractions:

(cc) Section 327.396, relating to power-driven vessel safety requirements.

Any person cited for a violation of any provision of this subsection shall be deemed to be charged with a noncriminal infraction, shall be cited for such an infraction, and shall be cited to appear before the county court.

The civil penalty for any such infraction is $50, except as otherwise provided in this section.

Any person who fails to appear or otherwise properly respond to a uniform boating citation shall, in addition to the charge relating to the violation of the boating laws of this state, be charged with the offense of failing to respond to such Page 2 of 3 CODING:

Words stricken are deletions;

words underlined are additions.

hb0271-00 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 HB 271 2021 citation and, upon conviction, be guilty of a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

A written warning to this effect shall be provided at the time such uniform boating citation is issued.

Section 4.

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