lorida's waterways are a major draw for tourists and locals alike, with boat rentals playing a significant role in the state's vibrant marine tourism industry. However, the recent passage of "Lucy's Law" (House Bill 289) introduces new regulations that boat rental operators must navigate to ensure compliance and maintain safety standards.
Understanding Lucy's Law
Named in memory of Lucy Fernandez, who lost her life in a boating accident, Lucy's Law aims to enhance boating safety across Florida. The legislation introduces stricter penalties for reckless boating behaviors and mandates comprehensive boater education requirements.
Key Provisions Affecting Boat Rental Operators
1. Mandatory Boater Education for Non-Residents
One of the most significant changes is the requirement for boat operators who have not been Florida residents for at least five years to obtain a boater safety card or equivalent certification. Previously, only individuals born after January 1, 1988, were required to complete a boating safety course. This change directly impacts rental operators, as many customers are tourists unfamiliar with Florida's waterways.
2. Enhanced Penalties for Reckless Operation
The law aligns penalties for boating offenses with those for motor vehicle violations. For instance, leaving the scene of a boating accident resulting in death is now classified as a first-degree felony. Additionally, individuals convicted of boating under the influence may face suspension of their driver's licenses. These stricter penalties underscore the importance of ensuring that rental customers are adequately educated and prepared to operate vessels safely.
3. Revised Definition of "Livery Vessel"
Lucy's Law also revises the definition of "livery vessel," which pertains to boats rented or leased for recreational use. The updated definition clarifies that any vessel offered for lease, rent, or hire—whether with or without a captain—is considered a livery. This includes peer-to-peer rentals facilitated through online platforms. As a result, operators who previously did not consider themselves subject to livery regulations may now fall under this classification and be required to comply with all associated safety, insurance, and licensing requirements.
Preparing for Compliance
To adapt to these changes, boat rental operators should consider the following steps:
- Update Rental Agreements: Ensure that all rental contracts include clauses requiring proof of boater safety certification for non-resident renters.
- Provide Educational Resources: Offer information or access to approved boating safety courses to assist customers in obtaining necessary certifications.
- Review Insurance Policies: With the potential for increased liability under the new law, operators should consult with insurance providers to confirm adequate coverage.
- Train Staff: Educate employees on the new legal requirements to ensure they can effectively communicate these changes to customers and enforce compliance.
Monitoring the Process
- House Bill 289, known as "Lucy's Law," has been passed by the Florida House unanimously.
- A similar bill, Senate Bill 628, is also making its way through the legislative process.
- The bill is currently in the Senate and has been placed on the calendar for additional readings.
- If passed in the Senate, the bill could go into effect as early as July 1st, 2025.
In Summary
Lucy's Law represents a significant shift in Florida's approach to boating safety, emphasizing education and accountability. While the law introduces new challenges for boat rental operators, it also offers an opportunity to enhance safety standards and protect both customers and businesses. By proactively adjusting to these regulations, operators can continue to provide enjoyable and safe boating experiences on Florida's waterways.
Helpful Resources
The following boater safety course options are recognized by the Florida Fish and Wildlife Conservation Commission:
You can find more information and additional course options by visiting the Boating Safety Courses page on the FWC site here: https://myfwc.com/boating/safety-education/courses/
At BookingCentral, we are committed to providing a platform that helps boat rental operators in Florida and across the country with a system that gives them the features they need to ensure they are following the laws and keeping their customers safe on the water. To learn more about what we offer, reach out to us today.
