Section 68D-34.002 - Livery Pre-Rental and Pre-Ride Instruction Requirements(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.Fla. Admin. Code Ann. R. 68D-34.002
Rulemaking Authority 327.04, 327.39, 327.54 FS. Law Implemented 327.39, 327.54 FS.
Adopted by Florida Register Volume 49, Number 011, January 18, 2023 effective 1/31/2023, Amended by Florida Register Volume 49, Number 244, December 19, 2023 effective 1/3/2024, Amended by Florida Register Volume 50, Number 143, July 23, 2024 effective 8/4/2024.New 1-31-23, Amended 1-3-24.