You may have noticed boat traffic along the waterways of Florida’s coastlines has increased dramatically the past few years. It is no secret that Florida is a highly desired location to live and vacation. Not only is Florida growing faster than most States in population, it is also now one of the largest States in vessel registrations with The Florida Fish and Wildlife Conservation Commission (FWC) announcing numbers exceeding 1 million in 2022.
A large number of watercrafts along the coast are owned by rental businesses who offer residents and visitors the opportunity to enjoy a day out on the water. As you can imagine, this can be a lucrative venture as the demand and seasonal influx of customers wanting to take advantage of this service can certainly be worthwhile.
With these numbers, it is easy to fathom that along with the increase in boat traffic has come an increase in boating injuries and deaths. So much so that it has gained the attention of Florida lawmakers who in 2021 met to draft the boating safety act of 2022. This act (SB 606) was signed into law and went into effect January 01, 2023.
Rental and charter companies have always engaged in boating safety education campaigns and instruction for their operators but this new law brings a new wrinkle into the insurance liability component they previously were bound to provide for their vessels. Additionally, rental companies now must provide coverage for the passengers themselves.
Limits of at least $500,000 per person and $1,000,000 per accident at a minimum, and proof of coverage must be available on the vessel at all times.
- This, in addition to the standard vessel coverages, including:
- Liability to others for injuries or damages suffered as a result of an accident involving a rented vessel
- Physical damage to the vessel itself and other property damage suffered as a result of an accident
- Medical payments for injuries
- Uninsured boater for injuries caused by an uninsured boater in an accident involving a rented vessel
Other provisions in the law:
- Require operators to complete a boating safety course
- Establishes a minimum age for operators of certain vessels based on their size
- Requires specific safety equipment be on-board
- Prohibits specific risky behavior including BUI & reckless operation
- Prohibits unseaworthy vessels from being rented
There are also provisions for law reporting requirements for vessels involved in accidents and those which are late returning to port.
As with all maritime laws, penalties and fines are strict and some infractions may be criminal.
Overall, the Florida Boating Safety Act of 2022 is a well drafted piece of legislation that seeks to protect and improve the safety of everyone taking part in the valuable recreational resource of Florida’s waterways.
At Harris Insurance, we seek to understand the changes and nuances of every industry that we help insure. We are standing by to assist you in properly insuring your vessels and businesses in and around The Sunshine State! Request your quote today.
LEGAL DISCLAIMER
Views expressed here do not constitute legal advice. The information contained herein is for general guidance of matter only and not for the purpose of providing legal advice. Discussion of insurance policy language is descriptive only. Every policy has different policy language. Coverage afforded under any insurance policy issued is subject to individual policy terms and conditions. Please refer to your policy for the actual language.