Florida Statutes 327.391 – Airboats regulated
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(1) The exhaust of every internal combustion engine used on any airboat operated on the waters of this state shall be provided with an automotive-style factory muffler, underwater exhaust, or other manufactured device capable of adequately muffling the sound of the exhaust of the engine as described in s. 327.02(31). The use of cutouts or flex pipe as the sole source of muffling is prohibited, except as provided in subsection (4). A person who violates this subsection commits a noncriminal infraction, punishable as provided in s. 327.73(1).
(2) An airboat operator cited for an infraction of subsection (1) may not operate the airboat until a muffler as defined in s. 327.02 is installed.
(3) An airboat may not operate on the waters of the state unless it is equipped with a mast or flagpole bearing a flag at a height of at least 10 feet above the lowest portion of the vessel. The flag must be square or rectangular, at least 10 inches by 12 inches in size, international orange in color, and displayed so that the visibility of the flag is not obscured in any direction. Any person who violates this subsection commits a noncriminal infraction punishable as provided in s. 327.73(1).
(4) This section does not apply to a person participating in an event for which a permit is required, or of which notice must be given, under s. 327.48.
(5)(a) A person may not operate an airboat to carry one or more passengers for hire on waters of this state unless he or she has all of the following onboard the airboat:
1. A photographic identification card.
2. Proof of completion of a boater education course that complies with s. 327.395(2)(a). Except as provided in paragraph (b), no operator is exempt from this requirement, regardless of age or the exemptions provided under s. 327.395.
3. Proof of successful completion of a commission-approved airboat operator course that meets the minimum standards established by commission rule.
4. Proof of successful course completion in cardiopulmonary resuscitation and first aid.
Attorney's Note
Under the Florida Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| misdemeanor of the second degree | up to 60 days | up to $500 |
Terms Used In Florida Statutes 327.391
- Airboat: means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set of rudders. See Florida Statutes 327.02
- Commission: means the Fish and Wildlife Conservation Commission. See Florida Statutes 327.02
- Muffler: means an automotive-style sound-suppression device or system designed to effectively abate the sound of exhaust gases emitted from an internal combustion engine and prevent excessive sound when installed on such an engine. See Florida Statutes 327.02
- Operate: means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. See Florida Statutes 327.02
- Person: means an individual, partnership, firm, corporation, association, or other entity. See Florida Statutes 327.02
- Vessel: is synonymous with boat as referenced in Florida Statutes 327.02
- Waters of this state: means any navigable waters of the United States within the territorial limits of this state, the marginal sea adjacent to this state and the high seas when navigated as a part of a journey or ride to or from the shore of this state, and all the inland lakes, rivers, and canals under the jurisdiction of this state. See Florida Statutes 327.02
(b) A person issued a captain’s license by the United States Coast Guard is not required to complete a boating safety education course that complies with s. 327.395(2)(a). Proof of the captain’s license must be onboard the airboat when carrying one or more passengers for hire on waters of this state.
(c) A person who violates this subsection commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(d) The commission shall adopt rules to implement this subsection no later than October 1, 2018.