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Reference Guide to State Boating Laws

The Reference Guide to State Boating Laws answers a number of questions related to recreational boating safety public law. Topics covered include boating education, operator age, water skiing, boat noise, numbering & titling, personal watercraft, boating under the influence, personal flotation devices and more.

The data in the guide was supplied by the states and collectively updated during 2007. Data can also be updated by boating law administrators (or designates) for the individual states.

The information is subject to change at any time and facts should be verified with the BLAs if there are any questions.

To access the data, click on the drop down menu below and select a topic area.

Florida

Question

Data

Commercial Vessels

Does your state/territory regulate commercial vessels on sole state waters?

Other, please specify

Other, please specify

Safety Equip. Requirements, Registration & Safe Op

If you answered yes to the previous question, is your agency responsible for enforcing regulations on commercial vessels on sole state waters?

Other, please specify

If you answered "No" to the previous question, which state agency is responsible?

White Water

Does your state regulate vessel operation in white water areas?

No

Other, please specify

Does your state regulate commercial white water operations?

No

Other, please specify

Search & Rescue

Does your agency have a dive team?

No

Other, please specify

What agency is responsible for Search and Rescue operations?

Several agencies conduct search & rescue. FWC, USCG, as well as local agencies are involved with this.

What agency is responsible for victim recovery?

No single agency is responsible for this, however, FWC and local law enforcement agencies handle most victim recoveries.

Boating Education Requirements

Does your state require mandatory boating safety education for some segment of the population?

Yes

Who is required to complete a boating education course in your state?

Operators of vessels powered by motors of 10hp or more who are 21 years of age, or younger. In addition, anyone convicted of a criminal boating violation, a non-criminal boating safety infraction that resulted in a boating accident, or two non-criminal boating safety infractions with in a twelve-month period is required to enroll, attend and successfully complete a classroom boating safety course.

Are only residents of your state required to complete a boating education course?

No

Other, please specify

Education Exemptions

Are non-residents exempt from having to take a boating education course in your state?

Other, please specify

Other, please specify

If they have completed NASBLA-approved course.

Are U.S. Coast Guard licensed operators exempt from having to take a boating education course in your state?

Yes

Other, please specify

Are any other persons exempt from having to take a boating education course in your state? Please list.

that occurs during the operation of the vessel; who is a nonresident who has in his or her possession proof that he or she has completed a boater education course or equivalency exam in another state which meets or exceeds Floridas boater education requirements.

Exams and License/Certificate Issuance

Is issuance of a license/certificate dependant upon passing an exam in your state?

Yes

Other, please specify

If you answered "Yes" to the previous question, what is the passing score in your state?

80%

Providers of Education Courses

State Agency

X

US Coast Guard Auxiliary

X

US Power Squadrons

X

Public School System

X

Private Company

X

Other, please specify

Minors, Powerboats Personal Watercraft

Does your state require an adult to be on board when a minor is operating a motor-powered vessel other than a PWC?

No

Other, please specify

Does your state require an adult to be on board when a minor is operating a PWC?

No

Other, please specify

Minimum Ages for Education Certification

Does your state certify minor boaters?

Yes

Other, please specify

What is the minimum age someone can be certified in your state?

No minimum, excpet for PWCs - which is 14.

Does your state have reciprocity for accepting out of state certification of minor boaters if the certification course meets NASBLA's Education Standards?

Yes.

Mandatory Boat Operator Licensing

Does your state require mandatory boat operator licensing?

No

Other, please specify

Minimum Ages for Non-PWC Vessels

Does your state set a minimum age requirement to operate a motor powered vessel other than a PWC?

No

If you answered "Yes" to the previous question, please list the required age and any other details such as horsepower rating.

Does your state set any minimum age requirements to operate a PWC?

Yes

If you answered "Yes" to the previous question, please list the requirements.

Operators of personal watercraft must be at least 14 years of age.

Minimum Ages for Non-Powered Vessels

Are there any minimum age requirements in your state to operate non-powered vessels such as sailboats, canoes or kayaks?

No

If you answered "Yes" to the previous question, please list the requirements.

Education Reciprocity

Do you accept out-of-state boating education certificates in your state?

Yes

Other, please specify

If you answered "Yes" to the previous question, which type of certificates do you accept?

NASBLA-approved.

Does your state honor NASBLA-approved course reciprocity for non-residents?

Yes

Other, please specify

Wallet-Sized Certificates

Does your state issue wallet size boating certificate cards?

Yes

Other, please specify

How long are education certificates/student wallet cards valid in your state?

Our Boater Education ID Cards are valid for life. We do offer a 12 month temporary certificate.

Challenge Exams

Does your state allow students to take a challenge exam to meet your state boating education requirement?

Other, please specify

Other, please specify

Home study course would allow just taking the test

Online Courses & Proctoring

Does your state have any laws in place which expressly prohibit online boating safety courses?

No

Other, please specify

Does your state require boating safety tests to be proctored?

No

Other, please specify

Water Skiing

Does your state require an observer to be present when pulling a skier?

Other, please specify

Other, please specify

Observer or wide-angle rearview mirror.

Does your state require a mirror to be present when pulling a skier?

Other, please specify

Other, please specify

Wide-angle rearview mirror or observer.

Does your state prohibit water skiing during any specific time of the day/night?

Yes

If you answered "Yes" to the previous question, please describe the time(s) when skiing is prohibited.

A person may not engage in skiing from ? hour after sunset to ? hour before sunrise.

Water Skiing

Does your state require a skier to wear a U.S. Coast Guard-approved PFD?

Yes

Are self-propelled skis allowed to be used in your state?

Yes

Does your state require the use of a skier down flag?

No

Describe any other water skiing restrictions in your state.

Skiing while intoxicated is prohibited. Skiing too close to a person, a vessel, fixed objects or other similar hazards is also prohibited.

Motorboat Noise

Is there a maximum noise level for motorboats in your state?

No

If you answered "Yes" to the previous question, please give the levels and standard used.

Is there a factory muffling alteration law in your state?

No

If you answered "Yes" to the previous question, what is the law?

Is boat noise governed by local ordinance in your state?

Yes

If you answered "Yes" to the previous question, what is the local ordinance?

Sound level at 50 feet cant exceed 90 dBA.

Marine Sanitation Devices

Does your state prohibit Y-valve through-hull discharge in waters of state jurisdiction?

Yes

Other, please specify

Does your state require Y-valves to be locked/closed in waters of state jurisdiction?

Yes

Other, please specify

Marine Sanitation Devices

What are the penalties for misuse or failure to equip a vessel with a Marine Sanitation Device in your state?

Non-criminal infraction with a $56 penalty.

What are the penalties for illegal dumping/discharge of a Marine Sanitation Device in your state?

Non-criminal infraction with a $250 penalty.

Personal Watercraft Operation

Does your state require users to wear a U.S. Coast Guard-approved PFD when operating a PWC?

Yes

Does your state require PWC rental operators to provide any instruction or education in PWC operation prior to use?

Yes

If you answered "Yes" to the previous question, how much instruction is required?

Liveries must provide instruction to renters on: Operational characteristics of the PWC to be rented. Safe vessel operation and vessel right-of-way rules. Responsibility of the operator, and safe and proper operation of the vessel. Local characteristics of the waterway where the vessel will be used. Operator responsibility (ethics), courtesy and good judgment on the water. Avoiding careless, reckless, and negligent operation of vessels. The effects of alcohol, controlled substances, and stressors. Navigation Rules. Maintaining proper lookout. Safe distance and speed. Operating defensively. Requirements to give way to other vessels. Aids to navigation; buoys and other waterway markers. Awareness of changes in weather or water conditions and proper responses to those changes. Waterskiing and similar activities, if applicable to the personal watercraft rented. Must wear personal flotation devices. Must have observer or wide-angle rearview mirror. May not ski between 30 minutes past sunset and 30 minutes before sunrise. Boating accidents. Causes and prevention of personal watercraft accidents. Legal requirements remaining on scene; rendering assistance; reporting

Does your state prohibit PWC operation at any specific times?

Yes

If you answered "Yes" to the previous question, please list the times.

Operation of a PWC on the water is prohibited between ? hour after sunset to ? hour before sunrise.

Personal Watercrafts and Skiers

Does your state allow PWCs to pull water skiers?

Yes

If you answered "Yes" to the previous question, are there any restrictions?

PWCs must have a person, in addition to the operator, in a position to observe the progress of the skier or have a wide-angle rearview mirror mounted in such a way as to permit the operator to see the progress of the skier.

Personal Watercraft Restrictions

Is there a speed limit specific to PWCs other than slow/no wake zones in your state?

No

If you answered "Yes" to the previous question, please list the speed limit.

Is PWC operation restricted within any area or zone in your state?

Yes

If you answered "Yes" to the previous question, please list the restricted area or zone.

There are local restrictions. These are not state restrictions.

Are limitations imposed on wake jumping with PWCs in your state?

Yes

If you answered "Yes" to the previous question, please describe the limitations.

Jumping the wake of another vessel unreasonably or unnecessarily close to such other vessel or when visibility around such other vessel is obstructed is prohibited.

Is there a kill switch or safety lanyard requirement for PWCs in your state?

Yes

Life Jackets

Which persons in your state are required to wear a PFD and under what circumstances?

Children under 6 years of age must wear a USCG-approved Type I, II or III PFD at all times while on any vessel less than 26 feet in length that is underway. In addition, each person on board a PWC, and anyone being towed behind a vessel must wear a USCG-approved PFD.

What are the penalties for violating PFD regulations in your state?

Non-criminal infraction, with a $50 - $80 fine, depending on the county where the violation occurs.

Blood Alcohol Content

What is the BAC level at which a person is considered intoxicated in your state?

Blood/breath alcohol level of 0.08 or greater.

Does your state have a lower threshold for BAC for minor boaters?

Yes

If you answered "Yes" to the previous question, what is the BAC level for minors?

Blood/breath alcohol level of 0.02 or greater.

Boating Under the Influence

Does a BUI conviction impact an offender's automobile driving privileges in any way in your state?

No

If you answered "Yes" to the previous question, how are their privileges impacted?

BUI Saturation Patrols & Checkpoints

Are BUI saturation patrols utilized in your state?

Yes

If you answered "Yes" to the previous question, how are they used?

Saturation patrols may be used at specific boating events that draw large crowds.

Are BUI checkpoints utilized in your state?

No

If you answered "Yes" to the previous question, how are they used?

Alcohol Testing for BUI

Does your state allow blood tests to determine BAC or BUI?

Yes

Does your state allow breath tests to determine BAC or BUI?

Yes

Does your state allow urine tests to determine BAC or BUI?

Yes

Test Usage in Criminal Evidence

Blood

Breath

Urine

Field Sobriety Tests

Does your state require field sobriety tests to be conducted on shore?

No

Other, please specify

Can refusal of a test be used against a boater in criminal prosecution in your state?

Yes

Other, please specify

Do marine officers utilize random BUI inspections that include boarding the boat in your state?

Yes

Negligent Operation of a Vessel

Does your state allow officers to issue citations for negligent operation of a vessel?

Yes

Portable BUI Equipment

Does your state allow the use of hand held or portable BUI enforcement equipment?

Yes

Does your state allow the use of hand held or portable BUI enforcement equipment to be used for probable cause?

Yes

Does your state allow the use of hand held or portable BUI enforcement equipment to be used for evidentiary purposes?

Yes

What percentage of law enforcement officers have access to hand held or portable BUI enforcement equipment in your state?

Approximately 10%. State has transitioned to a portable instrument (Intoxilizer 8000) as the state evidentiary device. We only have 10 instruments owned by FWC and in use as portable devices.

Probable Cause

Does state law require probable cause for marine officers to stop a vessel?

No

Other, please specify

Does state law require probable cause for marine officers to board a vessel?

No

Other, please specify

Towing Distressed Vessels

Do marine officers utilize random safety inspections that include boarding the boat in your state?

Yes

Other, please specify

Are marine officers allowed to tow vessels in distress in your state?

Yes

Other, please specify

Are seaplanes "on the water" treated as vessels in your state?

No

Other, please specify

Liability Insurance

Does your state mandate liability insurance for boaters?

No

On-Water Pursuits

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on on-water pursuit?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interstate on-water pursuit?

Yes

Transporting Subjects, Accident Victims, Guests

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting subjects?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting accident victims?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on transporting guests?

Yes

Officer Safety

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on requiring officers to wear Coast Guard-approved PFDs?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on skin care safety for officers?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on hearing safety for officers?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on back safety for officers?

No

Towing Distressed Vessels

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on towing distressed vehicles?

Yes

First Responders, First Aid, Good Samaritans, Search and Rescue

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on being a first responder at an accident?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on the use of first aid?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on the Good Samaritan law?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on search and rescue?

Yes

Inter-agency Interacton

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interaction with local agencies?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interaction with other state agencies?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on interaction with federal agencies?

No

Investigation of Theft & Fraud

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on investigation of theft?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on investigation of fraud?

No

Employment

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on outside employment?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on substance abuse?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on off-duty responsibilities?

Yes

Firearms

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on firearms training?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on firearms training recertification?

Yes

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on in-service training?

Yes

Deadly Force

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on use of deadly force?

Yes

Volunteers

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on use of volunteers?

Yes

BUI Checkpoints

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on use of BUI checkpoints?

No

Patrol Time

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on on-water patrol time as a safety factor?

No

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on working a percentage of time on night patrol?

No

Carrying Emergency Equipment

Does your state have a written, formal marine law enforcement policy, operational procedure or executive order on carrying emergency equipment (loaner PFDs, throw lines, etc.)?

No