The purpose of the proposed rulemaking is to specify the boating safety information required to be displayed to the renting public at boat rental facilities. This information includes critical boating safety topics that can lead to boating accidents ...

FISH AND WILDLIFE CONSERVATION COMMISSION
Vessel Registration and Boating Safety

RULE NO: RULE TITLE
68D-36.107: Minimum Training Requirements for Personal Watercraft Rentals
68D-36.109: Boating Safety Information to be Displayed at Liveries (Boat Rental Facilities)
PURPOSE AND EFFECT: The purpose of the proposed rulemaking is to specify the boating safety information required to be displayed to the renting public at boat rental facilities. This information includes critical boating safety topics that can lead to boating accidents involving rental vessels. The goal is to ensure that consistent instruction is provided to customers by all boat rental facilities. The effect of the proposed rule changes will be to improve safety by providing information which is based on accident data to promote safe boating practices.
SUMMARY: The proposed rule changes will specify that boat rental facilities must display specific information, depending upon which type(s) of vessels are rented, and meeting minimum size standards in a place visible to the renting public. The Commission will provide signs which meet the content and size requirements available to rental facilities free of charge.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
SPECIFIC AUTHORITY: 327.39, 327.54 FS.
LAW IMPLEMENTED: 327.39, 327.54 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: During the regular meeting of the Commission, February 4-5, 2009, 8:30 a.m. – 5:00 p.m., each day
PLACE: Grand Complex Sandestin Golf and Beach Resort, 9300 Emerald Coast Parkway West, Sandestin, Florida 32550
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: ADA Coordinator at [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Captain Alan Richard, Assistant General Counsel, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600

THE FULL TEXT OF THE PROPOSED RULE IS:

68D-36.107 Minimum Training Requirements for Personal Watercraft Rentals.

(1) through (2) No change.

(3) A livery may not lease, hire, or rent a personal watercraft to any person unless the livery either shows a safe operation instructional video tape or displays and reviews both a safe operation instructional poster and brochure with each prospective operator prior to personal watercraft operation. The instructional materials shall contain information on the personal watercraft safety topics identified in subsection (1).

(3)(4) Persons offering a personal watercraft for lease, hire, or rent shall conduct an on-the-water demonstration and check ride to verify the prospective operator’s ability to safely operate the personal watercraft to be leased, hired, or rented.

Specific Authority 327.04, 327.39, 327.54 327.395, 327.731 FS. Law Implemented 327.04, 327.39, 327.54 327.395, 327.731 FS. History– New 6-9-05, Amended___________.

 

68D-36.109 Boating Safety Information to be Displayed at Boat Rental Facilities.

(1) As provided in Section 327.54(1)(f), F.S., a livery must display boating safety information meeting the following minimum standards in a place visible to the renting public.

(a) Any livery offering motorboats, other than personal watercraft, jet boats or houseboats, for lease, hire or rent must display an informational poster or sign titled “Motorboat Rental Safety” and dated October 2008.

(b) Any livery offering houseboats for lease, hire or rent must display an informational poster or sign titled “Houseboat Rental Safety” and dated October 2008.

(c) Any livery offering personal watercraft and/or jet boats for lease, hire or rent must display an informational poster or sign titled “Personal Watercraft/Jet Boat Rental Safety” and dated October 2008.

(d) Any livery offering sailboats for lease, hire or rent must display an informational poster or sign titled “Sailboat Rental Safety” and dated October 2008.

(e) Any livery offering paddlecraft or other manually-propelled boats for lease, hire or rent must display an informational poster or sign titled “Paddlecraft Rental Safety” and dated October 2008.

The posters and signs specified in this section are incorporated by reference and may be obtained at no cost by contacting: FWC Boating and Waterways Section, 620 S. Meridian Street, Tallahassee, FL 32399-1600.

(2) A livery may substitute for a specified information poster or sign any other poster or sign that is no less than 187 square inches in area and contains the same information found on the applicable poster or sign listed in paragraphs (1)(a)-(e).

Specific Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.04, 327.39, 327.54 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Captain Richard Moore, Boating Law Administrator, Division of Law Enforcement, Fish and Wildlife Conservation Commission, 620 South Meridian Street, Tallahassee, Florida 32399-1600
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: The Florida Fish and Wildlife Conservation Commission sitting as agency head
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 17, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 1, 2008