Current through Reg. 50, No. 187; September 24, 2024
(1) Any livery
offering vessels for lease or rent must ensure that all individuals who rent or
lease a vessel, as well as each potential operator of a rented or leased
vessel, have received pre-rental and pre-ride instruction in the following
topics prior to operation:
(a) Operator
responsibility, including ethics, courtesy and good judgment on the water.
1. Avoiding careless, reckless, and negligent
operation of vessels.
2. The
effects of alcohol, controlled substances, and stressors.
3. The responsibility of the vessel operator
for the safe and proper operation of the vessel.
(b) Navigation Rules.
1. Maintaining proper lookout.
2. Keep a safe distance from other vessels
and objects and operate at a safe speed for the conditions, location, and
environment.
3. Operating
defensively.
4. Requirements to
give way to other vessels and vessel right of way.
(c) Boating Restricted Areas, Manatee
Protection Zones, and other areas within which boating is prohibited or in
which boating speed is regulated. Regulatory markers including Idle Speed, Slow
Speed, and mile per hour restrictions and aids to navigation shall also be
covered.
(d) Awareness of changes
in weather or water conditions and proper responses to those changes.
(e) The requirements for operating a vessel
while a person is waterskiing or participating in similar activities identified
in Section 327.37, F.S., if applicable to
the vessel being leased or rented.
(f) Boating accidents.
1. Causes and prevention of
accidents.
2. Legal requirements -
remaining on scene; rendering assistance; reporting accidents.
(g) Propulsion, steering, and
stopping characteristics of vessels generally and of the specific vessel being
leased or rented.
(h) Location and
content of manufacturer's warning labels.
(i) Boarding, falling off, capsizing, taking
on water, and reboarding, and emergency procedures for dealing with these
situations.
(j) Problems seeing
other vessels and being seen by them.
(k) The dangers of wake or surf jumping and
other reckless operations.
(l)
Noise, nuisances, and other environmental concerns.
(m) Specific personal watercraft safety
requirements (wearing personal flotation devices, using kill switch lanyard,
location of sound producing device and fire extinguisher, age requirements for
personal watercraft operation, and lawful hours of operation).
(n) Boating safety identification cards; age
and engine requirements.
(o)
Photographic identification.
(p)
Florida divers-down warning device requirements.
(q) Awareness of fish and wildlife with
potential impacts to boaters and boating safety, including, but not limited to
manatees, whales, dolphins, and sturgeon (if locally applicable).
(r) Ecosystem awareness and potential impacts
to boaters and boating safety based on local issues.
(s) Specific operational characteristics of
the vessel being leased or rented.
(t) Local characteristics of the waterway
where the leased or rented vessel will be operated, including navigational
hazards, the presence of boating restricted areas, and water depths.
(u) Location and proper use of safety
equipment.
(v) The requirement to
operate at a speed no faster than slow speed minimum wake within 300 feet of an
emergency vessel when the vessel's emergency lights are activated and within
300 feet of a construction vessel or barge displaying an orange flag.
(w) Requirements for operating paddlecraft
within the marked channel of the intracoastal waterway.
(2) In addition to the topics listed in
subsection (1), any livery offering vessels for lease or rent for off-site use
or for daily or longer time periods must ensure that all individuals intending
to operate a vessel have been provided pre-rental and pre-ride instruction in
the following topics:
(a) Fueling and
ventilation.
(b) Trailering and
transporting.
(c) Float plans; how
and when to complete a float plan.
(d) Specific local hazards; such as large
bodies of water, weather, dams, cold water, commercial vessel traffic,
etc.
(3) Liveries
offering a vessel for lease or rent, other than paddlecraft, shall conduct an
on-the-water demonstration and check ride to verify the prospective operator's
ability to safely operate the vessel to be leased or rented.
(4) Both the individual providing pre-rental
and pre-ride instruction and the person receiving pre-rental and pre-ride
instruction must sign a form attesting that the pre-rental and pre-ride
instruction was provided and received in accordance with this rule and Section
327.54, F.S. using form
FWCDLE_313A (05/2024), Livery Pre-Rental and Pre-Ride Instruction Attestation -
Motorized Vessels, which is hereby incorporated by reference and which is
available at
https://www.flrules.org/Gateway/reference.asp?No=Ref-16666
and/or form FWCDLE-313B (05/2024) Livery Pre-Rental and Pre-Ride Instruction
Checklist and Attestation - Human Powered which are hereby incorporated by
reference and available at
http://www.flrules.org/Gateway/reference.asp?No=Ref-16667.
Rulemaking Authority
327.04,
327.39,
327.54 FS. Law Implemented
327.39,
327.54
FS.
New 1-31-23, Amended
1-3-24.
