A Closer Look at Florida’s New Boating Safety Act
Bottom Line: This year’s state legislative session featured an updated boater safety law. On the surface, this would seem to make sense. We have a record number of boaters and have had subsequent problems which have become equally as large. If you’ve spent time on the water or even just watching what happens on it, you’ve likely noticed an increase in risky behavior as traffic is forever rising. The summary of the new state boater safety law reads like this: Authorizing a court to impose a specified fine for certain boating collisions and accidents; requiring certain boating safety education courses and temporary certificate examinations to include specified components; requiring operators of vessels used in the instruction of water sports and activities to use engine cutoff switches and wear operative links to the switches under certain conditions; prohibiting liveries from offering a vessel for lease or rent without a livery permit, etc.
Most of the coverage of the new law during the state session focused on the new mandatory boater safety education rules. The concept of having would-be boaters first having to take a boater safety course seemed like such a no-brainer the vote was unanimous in the state senate with only one objector in the state house with Governor DeSantis signing the legislation into law. With the new law set to take effect, the Florida Fish and Wildlife Commission recently finalized provisions of the law for enforcement purposes which include the new boater safety course. As they’ve stated the course will focus on:
- The dangers of passengers sitting in or on areas of the vessel not designed or designated for seating.
- Proper use of an engine cutoff switch.
- Operation of a vessel with people in the water nearby.
That’s in addition to aquatic life awareness, including manatee safety. But there is one other provision of the new state law which is proving to potentially be a challenge for one huge industry in our state. Rental companies. The American Watercraft Association is warning that many Florida-based boating rental companies may be unable to operate in January. Florida’s new Boating Safety Act, which takes effect January 1st mandates rental companies carry insurance for customers renting craft. However, there are few insurers that are willing to carry the risk for rental customers which may put many companies out of business and will lead to large increases in insurance premiums at a minimum. For operators who can obtain insurance coverage rates will rise by what appears to be an average of 23%. That means there’s the potential for fewer rental companies and those which remain will likely be charging higher prices. As a result, the Association is now lobbying the state to change the law which they just recently passed and hasn’t yet taken effect. It remains to be seen how exactly this will all play out but there could be meaningful changes to who is and what craft are on the water in January that are well beyond the new boating safety education requirement.