Boating Safety Act of 2022
What you should know
Effective January 1, 2023, SB 606 (Florida Senate Bill 606), also known as the Boating Safety Act of 2022, requires all boat rental (livery) companies, both commercial and peer-to-peer operators, to obtain a no-cost permit through the Florida Fish and Wildlife Conservation Commission.
The ultimate goal of this new law is to improve boating safety and prevent accidents on the water as participation in recreational boating continues to grow.
What is required of boat rental operators under SB 606?
All boat rental operators (liveries)—whether commercial or peer-to-peer—will be required to complete the following, including, but not limited to:
- Secure a no-cost livery permit from the FWC prior to offering a vessel for lease or rent
- Carry a renters insurance policy that meets the specifications set under SB 606
- Deliver pre-rental safety and operational instruction to Renters
- Report any accidents or unnecessarily overdue rentals to the FWC
- Display boating safety information in a place visible to the renting public
Qualifying for the boat
rental permit
In order to qualify for the permit, boat rental operators must:
- Provide the FWC with a list of all vessels offered by the livery for rent
- Have valid insurance in compliance with what is mandated by the statute
- Have the requisite amount of USCG-approved life jackets sufficient to accommodate the capacity of all vessels offered for rent
- Have on site all safety equipment required by Florida and Federal laws
- Display boating safety information in a place visible to the renting public
Insurance requirements
In order to qualify for the permit, boat rental operators must:
- Provide the FWC with a list of all vessels offered by the livery for rent
- Have valid insurance in compliance with what is mandated by the statute
- Have the requisite amount of USCG-approved life jackets sufficient to accommodate the capacity of all vessels offered for rent
- Have on site all safety equipment required by Florida and Federal laws
- Display boating safety information in a place visible to the renting public
Pre-rental instructions
(Check-in/Check-out)
Ahead of all boat rental trips, operators must also implement pre-rental and pre-ride instructions with renters (otherwise known as a check-in/check-out process).
These instructions must, amongst other things, cover:
- Operational characteristics of the rented vessel
- Safe vessel operation and vessel right-of-way
- Boat operator's responsibility for the safe and proper operation of the vessel
- Waterway characteristics such as navigational hazards, boating-restricted areas, and water depths
- Emergency procedures
The renter receiving the instruction must provide the livery with a statement attesting to each component of the instruction. Further, the FWC is required to establish by rule the content of the statement form.
Education & boating safety license requirements
Finally, under SB 606, boat rental operators and renters must comply with boating safety license requirements.
- The boat rental operator, or their representative, who provides a renter with the required pre-rental instruction component must have a boating safety license in accordance with Fla. Stat. § 327.395
- The renter, or anyone operating the vessel, must also comply with the boating safety license requirements unless they meet an expressly enumerated statutory exemption
What is Boatsetter doing to be compliant with SB 606?
Here at Boatsetter, we are proud to be the world’s top legally compliant and insured peer-to-peer boat rental marketplace and are committed to ensuring safety and protection for both our owners and renters. In doing so, our team actively monitors federal and state legislation to understand changes to boating regulations and take appropriate action within our boat rental community.
Boatsetter is taking multiple steps to provide new tools, support, and resources for current and new members of the Boatsetter owner community. Our goal is to proactively support our peer-to-peer owners and commercial operators by making this process as easy as possible.
Dynamic check-in and check-out
We've built a dynamic check-in and check-out (CICO for short!) that is applicable to all FL bookings. We’ve done the heavy lifting so you can easily meet all safety requirements needed for your bookings to stay compliant with SB 606. You'll now be automatically routed through to the FL check-in and check-out process each time.
Note: Completing check-in and check-out will be legally required by FL law.
Exclusive partnerships with use-based insurance providers
Boatsetter has partnered with some of the best in order to give you—owners and renters— the most seamless boat-sharing experience yet. Checkout what our exclusive partners have to offer you:Buoy renter’s insurance coverage
Boatsetter has recently partnered with Buoy to offer trip-based coverage without having to leave our platform. That’s not all, we’ve facilitated securing renter’s insurance at no cost for Boatsetter owners while giving renters the option to add on insurance for a nominal price.GEICO Marine renter’s insurance coverage
In light of SB 606, our novel partnership with GEICO Marine has expanded now, too! GEICO Marine’s Peer-to-Peer Boat Rental Policy now meets SB 606 insurance requirements as well. Talk to a team member about this option, and email contact@boatsetter.com for more information.Got questions?
What is SB 606?
As of January 1, 2023, a new Florida boating law titled SB 606 impacting boat rental companies (or a ‘livery,’ meaning a person and/or company who offers a vessel(s) for rent) will go into effect requiring rental operators to obtain a no-cost permit through the Florida Fish and Wildlife Conservation Commission.
The law, also known as the Boating Safety Act of 2022, was first introduced in November 2021 and signed into law in June 2022, with the hope of improving safety on Florida’s waterways through increased penalties for violations, a permitting program, and new requirements for boat rental operations.
What is a peer-to-peer (P2P) boat owner?
A peer-to-peer (P2P) boat owner is someone who lists their private boat for rent on an online marketplace such as Boatsetter. Peer-to-peer boat owners utilize Boatsetter to communicate with and receive booking requests from pre-screened renters, manage their calendars and boat listings, and process payments.
Unlike commercial boat operators (such as boat rental companies, yacht charter agents, fishing charters, and boat clubs) that provide their own commercial rental insurance, peer-to-peer boat owners are covered by Boatsetter’s exclusive peer-to-peer boat insurance policy through GEICO Marine.
Do SB 606 livery regulations apply to my charters?
You must meet requirements established by SB 606 if you meet the definition of a livery under Florida law. An individual, or business, who rents a livery vessel without providing the renter with a captain, a crew, or any type of staff to operate the vessel may qualify as a livery.
For more information, or to access the definition of livery, please see the Livery Statute (Florida Statute § 327.54, accessible at the official internet site of the Florida Legislature.
How do I get a livery permit?
The application for a livery permit comprises of the following information:
- List of vessels available for rent
- Proof of insurance coverage meeting specifications set under SB 606
- Local business license or tax receipt, if applicable
- Business creation records, if applicable
- Copy of government-issued photo identification card (if permit applicant is an individual, and not a business)
- Completed Livery Permit Certification Form (found online at https://myfwc.com/media/30427/6d-5-liverypermitcertification.pdf
The Livery Permit Certification Form can be found online at: https://myfwc.com/media/30427/6d-5-liverypermitcertification.pdf
The Florida Liver Permit Checklist can be found online at: https://myfwc.com/media/30526/livery-permit-checklist.pdf
A livery permit application, including the necessary forms and required documents, can be e-mailed to LiveryPermit@MyFWC.com.
For regular mail, applications can be sent to:
FWC Boating & Waterways
Attn: Livery Permit
620 South Meridian Street
Tallahassee, FL 32399-1600
What is the cost for the permit?
The permit is free.
What happens to those who violate the rules within SB 606?
Violation of the rules within SB 606 is an offense which can be punishable as a misdemeanor and result in minimum mandatory fines. Repeat violations may also result in suspension of livery operations and revocation or refusal of livery permits.
What are the check-in/check-out requirements under SB 606?
Ahead of all boat rental trips, operators must implement pre-rental and pre-ride instructions with renters (otherwise known as a check-in/check-out process).
These instructions must, amongst other things, cover:
- Operational characteristics of the rented vessel;
- Safe vessel operation and vessel right-of-way;
- Boat operator's responsibility for the safe and proper operation of the vessel;
- Waterway characteristics such as navigational hazards, boating-restricted areas, and water depths; and,
- Emergency procedures.
The renter receiving the instruction must provide the livery with a statement attesting to each component of the instruction. Further, the FWC is required to establish by rule the content of the statement form.
What if I don’t have insurance?
Operating as a livery without the statutorily required insurance is a violation of Florida's Livery Statute. SB 606 requires that liveries obtain and carry insurance that meets the specifications set by law. If you don’t have insurance, please contact Boatsetter support for further assistance.
Is the GEICO BoatUS insurance policy compliant under SB 606?
Boatsetter is working with Geico/BoatUS to ensure the Peer-to-Peer Insurance Policy is compliant prior to enforcement of SB 606. We will update Boatsetter Users once the policy has been updated accordingly.
What new insurance limits do I need in order to be compliant?
Under SB 606, an insurance policy must provide coverage of at least $500,000 per person and $1 million per event. The policy must insure the livery and the renter against any accident, loss, injury, property damage, or other casualty caused by or resulting from the operation of the livery vessel.
If I have a list of qualified captains that drive and it is a bareboat charter, do the livery requirements still apply to us?
Yes. You may still qualify as a livery unless you choose and provide the captain and/or crew for the charter.
DISCLAIMER: The general guidelines and information provided on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only. To determine whether your livery or boat rental operation is sufficient to operate in particular circumstances, see Title XXIV ("Vessels") Florida Statutes, the Florida Boating Safety Act of 2022, the resources found at https://myfwc.com/boating, or consult a maritime attorney.