HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: CS/CS/CS/HB 493 Boating Safety
SPONSOR(S): State Affairs Committee, Agriculture & Natural Resources Appropriations Subcommittee,
Environment, Agriculture & Flooding Subcommittee, Botana and others
TIED BILLS: IDEN./SIM. BILLS: SB 606
REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF
1) Environment, Agriculture & Flooding 16 Y, 0 N, As CS Mamontoff Moore
Subcommittee
2) Agriculture & Natural Resources Appropriations 13 Y, 0 N, As CS White Pigott
Subcommittee
3) State Affairs Committee 23 Y, 0 N, As CS Mamontoff Williamson
SUMMARY ANALYSIS
The Fish and Wildlife Conservation Commission (FWC) is responsible for regulating, managing, protecting,
and conserving the state’s fish and wildlife resources. FWC is also the agency responsible for regulating
boating in the state. Through its Division of Law Enforcement, FWC manages the state’s waterways to ensure
boating safety for state residents and visitors. This responsibility includes enforcing boating rules and
regulations, coordinating boating safety campaigns and education, managing public waters and access to the
waters, conducting boating accident investigations, identifying and removing derelict vessels, and investigating
vessel theft and title fraud.
A livery vessel is a vessel that is leased, rented, or chartered to another for consideration. A facility that rents
and leases such vessels is called a livery. Current law imposes certain requirements on liveries and prohibits
them from renting or leasing vessels under certain circumstances.
Beginning January 1, 2023, the bill prohibits a livery from offering a vessel for lease or rent without first being
issued a no-cost livery permit by FWC, which must be renewed annually. The bill also requires liveries to
implement certain safety requirements and establishes penalties for violations of livery requirements.
The bill authorizes a court to order a person who is convicted of a violation related to boating collisions and
accidents to pay an additional fine of up to $1,000 per violation.
The bill increases or establishes maximum penalties for certain noncriminal infractions of vessel safety laws.
The bill also increases the default civil penalty for noncriminal infractions of vessel laws from $50 to $100,
which applies when a different maximum penalty is not specified for a particular infraction.
The bill requires a person who is subject to mandatory education requirements as a result of certain violations
of vessel laws to pay a fine of $500. The bill also requires FWC to maintain a program to ensure violators
comply with mandatory boating safety education requirements.
The bill requires a physical residential or business address for vessel registration applicants, with a limited
exception for live-aboard vessel owners.
The bill may have an indeterminate negative fiscal impact on the state, but does not have a fiscal impact on
local governments.
This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0493d.SAC
DATE: 2/25/2022
 FULL ANALYSIS
I. SUBSTANTIVE ANALYSIS
A. EFFECT OF PROPOSED CHANGES:
Background
Fish and Wildlife Conservation Commission
The Fish and Wildlife Conservation Commission (FWC), created by Article IV, section 9 of the Florida
Constitution, is responsible for regulating, managing, protecting, and conserving the state’s fish and
wildlife resources. FWC is governed by a board of seven members who are appointed by the Governor
and confirmed by the Senate.1 Pursuant to its constitutional authority, FWC exercises the regulatory
and executive powers of the state with respect to wild animal life, freshwater aquatic life, and marine
life.
FWC is also the agency responsible for regulating boating in the state. Through its Division of Law
Enforcement, FWC manages the state’s waterways to ensure boating safety for state residents and
visitors.2 This responsibility includes enforcing boating rules and regulations, coordinating boating
safety campaigns and education, managing public waters and access to the waters, conducting boating
accident investigations, identifying and removing derelict vessels, and investigating vessel theft and title
fraud.3
Boating Collisions, Accidents, and Casualties
In 2020, there were 836 boating accidents in the state,4 which was 113 more accidents than in 2019, a
16 percent increase.5 In addition, 79 people lost their lives in boating accidents in 2020, which was 14
more than the previous year. According to FWC, 69 percent of operators involved in fatal boating
accidents in 2020 had no formal boater education.6
In the event of a boating collision, accident, or other casualty, current law imposes a duty on a vessel
operator involved in the incident to provide assistance to others affected by the incident to the extent
practicable and necessary.7 The operator must also give notice of the accident, by the quickest means
available, to one of the following agencies: FWC’s Division of Law Enforcement; the sheriff of the
county within which the accident occurred; or the police chief of the municipality within which the
accident occurred.8
A vessel operator involved in an accident or injury is prohibited by law from leaving the scene of an
accident without rendering all possible aid to all persons involved and without notifying the appropriate
law enforcement official. A person who violates this prohibition with respect to an accident that results
in personal injury commits a third degree felony.9 A person who violates this prohibition with respect to
an accident resulting in property damage commits a second degree misdemeanor.10
1 Article IV, s. 9, FLA . CONST.
2 Fish and Wildlife Conservation Commission (FWC), Boating, https://myfwc.com/boating/ (last visited Jan. 29, 2022).
3 FWC, Law Enforcement, https://myfwc.com/about/inside-fwc/le/ (last visited Jan. 29, 2022). See s. 327.70(1) and (4),
F.S.
4 FWC, 2020 Boating Accident Statistical Report, 2020, https://myfwc.com/media/26462/2020-basr-booklet.pdf (last visited
Jan. 28, 2022).
5 FWC, FWC Releases 2020 Boating Accident Statistical Report, https://myfwc.com/news/all-news/boating-stats-521/ (last
visited Jan. 28, 2022).
6 Id.
7 Section 327.30(1), F.S.
8 Section 327.30(2), F.S.
9 A third degree felony is punishable by a term of imprisonment up to five years and a fine of up to $5,000. Sections
775.082(3)(e) and 775.083(1)(c), F.S.
10 Section 327.30(5), F.S.; A second degree felony is punishable by a term of imprisonment up to 60 days and a fine of up
to $500. Sections 775.082(4)(b) and 775.083(1)(e), F.S.
STORAGE NAME: h0493d.SAC PAGE: 2
DATE: 2/25/2022
 A law enforcement officer investigating a boating collision or accident may arrest or cite the vessel
operator involved in the accident or collision when the officer has probable cause to believe that the
operator has committed an offense in connection with the accident or collision. 11
Regulation of Liveries
A livery vessel is a vessel that is leased, rented, or chartered to another for consideration.12 A facility
that rents and leases such vessels is called a livery. A livery may not knowingly lease, hire, or rent a
vessel to any person if any one of the following circumstances exists:
 The number of persons intending to use the vessel exceeds a maximum safety load for the
vessel as specified on the authorized persons capacity plate of the vessel;
 The horsepower of the motor exceeds the capacity of the vessel;
 The vessel does not contain the statutorily required safety equipment;
 The vessel is not seaworthy;
 The vessel is equipped with a motor of 10 horsepower or greater, unless the livery provides
required pre-rental or pre-ride instruction by a person who has successfully completed a
National Association of State Boating Law Administrators (NASBLA) and state-approved boater
safety course; or
 The livery does not display boating safety information in a place visible to the renting public. 13
Additionally, a livery may not knowingly lease, hire, or rent:
 A vessel powered by a motor of 10 horsepower or greater to any person who is required to
comply with boater safety education requirements, unless such person presents to the livery
photographic identification and a valid boater safety identification card or meets the boating
education certificate exemption;
 A personal watercraft to any person who is under 18 years of age; or
 A personal watercraft to any person who has not received instruction in the safe handling of
personal watercraft.14
If a vessel is unnecessarily overdue, the livery is required to notify the proper authorities.15 A violation of
a livery regulation constitutes a second degree misdemeanor.16
Noncriminal Boating Infraction
Current law sets forth the maximum fines for noncriminal infractions of Florida’s boating laws. Unless
otherwise specified in statute, the civil penalty for a noncriminal infraction is $50.17 Some examples of
noncriminal violations are operating with an expired registration, operating without a registration, and
failing to display the appropriate registration information.
Several noncriminal violations are subject to increased penalties for additional offenses. For example,
for a violation of navigation rules that does not result in an accident or that results in an accident without
serious bodily injury or death, there is a maximum penalty of $250 for a first offense; $750 for a second
offense; and $1,000 for a third or subsequent offense.18
For a violation related to a springs protection zone, or operating a vessel in a careless manner that
causes seagrass scarring within an aquatic preserve, except the Lake Jackson, Ocklawaha River,
Wekiva River, and Rainbow Springs aquatic preserves, the penalty is:
 $50 for a first offense;
 $250 for a second offense occurring within 12 months of a prior conviction;
 $500 for a third offense occurring within 36 months of a prior conviction; and
11 Section 327.30(6), F.S.
12 Section 327.02(24), F.S.
13 Section 327.54(1), F.S.
14 Section 327.54(4), F.S.
15 Section 327.54(3), F.S.
16 Section 327.54(6), F.S.
17 Section 327.73, F.S.
18 Section 327.73(1)(o), F.S.
STORAGE NAME: h0493d.SAC PAGE: 3
DATE: 2/25/2022
  $1,000 for a fourth or subsequent offense occurring within 72 months of a prior conviction. 19
For anchoring in an anchoring limitation area or anchoring or mooring in a prohibited area, the penalty
is a maximum of $50 for a first offense; a maximum of $100 for a second offense; and a maximum of
$250 for a third or subsequent offense.20
For a violating speed restrictions in an area where vessels creating special hazards are operating, the
penalty is:
 $50 for a first offense;
 $100 for a second offense occurring within 12 months of a prior offense; and
 $250 for a third offense occurring within 36 months of a prior offense. 21
All fees and civil penalties assessed and collected for noncriminal violations must be deposited into the
Marine Resources Conservation Trust Fund for boating safety education purposes.22
Mandatory Education for Violators
A person who is convicted of a criminal violation, a noncriminal infraction resulting in a reportable
boating accident, or two noncriminal infractions within a 12-month period must enroll in, attend, and
successfully complete, at his or her own expense, a classroom or online boating safety course
approved by the minimum standards established by FWC rule.23 He or she must then file with the FWC
within 90 days proof of successful completion of the course and refrain from operating a vessel until
proof of successful completion of the course has been filed with FWC.24
Marine Resources Conservation Trust Fund
The Marine Resources Conservation Trust Fund (MRCTF) within FWC serves as a broad-based
depository for funds from various marine-related and boating-related activities. FWC must administer
the MRCTF for a variety of purposes, including marine research, fishery enhancement, marine law
enforcement, administration of licensing programs, and FWC operations.25
Vessel Titling and Registration
All motorized vessels operating on Florida’s public waterways must be titled and registered pursuant to
ch. 328, F.S.26 The Department of Highway Safety and Motor Vehicles (DHSMV) is responsible for
issuing vessel registrations and titles.27 Registration and title applications must be filed at a county tax
collector or license plate agent office,28 but DHSMV is responsible for issuing vessel registrations. 29
A purchaser of a new or used vessel has 30 days to title and register the vessel. 30 The required
information for a vessel registration application includes: the owner’s name and address; residenc y
status; personal or business identification; a complete description of the vessel; payment of the
applicable fee; and proof of ownership of the vessel. 31 During the 30-day period before registration, the
owner must carry proof of the date of purchase aboard the vessel.32
Each vessel operated, used, or stored on state waters must be titled, unless it is:
 A vessel operated, used, or stored exclusively on private lakes and ponds;
19 Section 327.73(1)(x) and (y), F.S.
20 Section 327.73(1)(z) and (bb), F.S.
21 Section 327.73(1)(cc), F.S.
22 Section 327.73(8), F.S.
23 Section 327.731(1)(a)
24 Section 327.731(1)(b), F.S.
25 Section 379.208(1), F.S.
26 See s. 328.03, F.S.
27 Section 328.40, F.S.
28 Section 328.48(1)(a), F.S.
29 Section 328.48(3), F.S.
30 Section 328.46(1), F.S.
31 Section 328.48(1), F.S.
32 Section 328.46(1), F.S.
STORAGE NAME: h0493d.SAC PAGE: 4
DATE: 2/25/2022
  A vessel owned by the United States government;
 A non-motor-powered vessel less than 16 feet in length;
 A federally documented vessel;
 A vessel already covered by a registration number awarded to it by another state or by the U.S.
Coast Guard, if the vessel is not located in the state for more than 90 consecutive days;
 A vessel from a country other than the U.S., if the vessel is not located in the state for more than
90 days;
 An amphibious vessel for which a vehicle title is issued by the DHSMV;
 A vessel used solely for demonstration, testing, or sales promotional purposes by the
manufacturer or dealer; or
 A vessel owned and operated by the state or a political subdivision thereof. 33
A person may not sell, assign, or transfer their vessel without providing to the purchaser or transferee a
valid certificate of title with an assignment on it showing transfer of title to the purchaser or transferee.34
The purchaser or transferee must file an application for a title transfer with the county tax collector
within 30 days of the change in vessel ownership. 35
The owner of a vessel is required to pay a registration fee, secure an identification number, and file an
application with the county tax collector.36 Registration is required for any vessel that is operated, used,
or stored on state waters, unless it is:
 A vessel operated, used, and stored exclusively on private lakes and ponds;
 A vessel owned by the U.S. government;
 A vessel used exclusively as a ship's lifeboat; or
 A non-motor-powered vessel less than 16 feet in length or a non-motor-powered canoe, kayak,
racing shell, or rowing scull, regardless of length.37
Each issued certificate of registration must state the numbers awarded to the vessel, the hull
identification number, the name and address of the owner, and a description of the vessel. 38
Effect of the Bill
Boating Collisions, Accidents, and Casualties
The bill authorizes a court to order a person who is convicted of a violation related to boating collisions
and accidents to pay an additional fine of up to $1,000 per violation, which must be deposited into the
MRCTF to be used to enhance state and local law enforcement activities related to boating infractions .
Regulation of Liveries
The bill defines the term “livery” to mean a person who offers a vessel equipped with a motor of 10
horsepower or greater for use by another in exchange for any type of consideration when such person
does not also provide the lessee or renter with a captain, a crew, or any type of staff or personnel to
operate, oversee, maintain, or manage the vessel.