Senate Bill sb2076

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    Florida Senate - 2005                                  SB 2076

    By Senator Sebesta





    16-140A-05

  1                      A bill to be entitled

  2         An act relating to commercial parasailing;

  3         creating s. 327.375, F.S.; defining the term

  4         "commercial parasailing"; requiring each vessel

  5         to obtain an annual license; requiring each

  6         owner to carry liability insurance; providing

  7         for minimum amounts of insurance and maximum

  8         deductibles; providing requirements for persons

  9         conducting commercial parasailing operations;

10         providing a criminal penalty; providing an

11         effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 327.375, Florida Statutes, is

16  created to read:

17         327.375  Commercial parasailing.--

18         (1)  As used in this section, the term "commercial

19  parasailing" means providing or offering to provide, for

20  consideration, any activity involving the towing of a person

21  by a motorboat when:

22         (a)  One or more persons are tethered to the towing

23  vessel;

24         (b)  The person or persons ascend above the water; and

25         (c)  The person or persons remain suspended above the

26  water while the vessel is underway.

27         (2)  A vessel engaged in commercial parasailing must

28  obtain an annual license from the commission for the cost of

29  $50. All license fees collected must be paid into the Marine

30  Resources Conservation Trust Fund to recover the associated

31  costs of regulating commercial parasailing. The license must

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    Florida Senate - 2005                                  SB 2076
    16-140A-05




 1  be available for inspection when the vessel is engaged in

 2  commercial parasailing.

 3         (3)  The owner of a vessel engaged in commercial

 4  parasailing shall obtain and carry a policy from an insurance

 5  carrier licensed in this state, insuring against an accident,

 6  loss, injury, property damage, or other casualty caused by or

 7  resulting from the commercial parasailing activity. The

 8  insurance policy must provide coverage for a minimum of

 9  $500,000 per person and $1 million per event. The deductible

10  for the insurance policy may not exceed $5,000 per event.

11  Proof of insurance must be carried on the vessel and be

12  available for inspection when commercial parasailing

13  activities are conducted. A person conducting a commercial

14  parasailing activity must give each rider the insurance

15  carrier's name and address and the insurance policy number.

16         (4)  A person engaged in commercial parasailing shall

17  meet the following requirements:

18         (a)  A person may not use any vessel for commercial

19  parasailing unless it is designed and equipped for towing a

20  person while parasailing and is equipped with a launch

21  platform and powered winch to release and retrieve the

22  towline.

23         (b)  A person operating a vessel engaged in commercial

24  parasailing on the waters of this state must have a current

25  and valid license issued by the United States Coast Guard

26  authorizing that person to engage in carrying passengers for

27  hire. The license must be carried on the vessel and be

28  available for inspection while commercial parasailing

29  activities are conducted.

30         (c)  A person may not operate a vessel for commercial

31  parasailing unless an observer 18 years of age or older is

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    Florida Senate - 2005                                  SB 2076
    16-140A-05




 1  present in the vessel at all times to monitor the progress of

 2  any airborne parasail rider and parachute. The observer must

 3  be attentive to the parasail rider or riders and shall have no

 4  other duties while the rider or riders are in the water or

 5  suspended above the water.

 6         (d)  A person may not operate any vessel engaged in

 7  commercial parasailing unless:

 8         1.  All riders wear a United States Coast Guard

 9  approved type I, type II, or type III personal flotation

10  device that is in serviceable condition and of the proper

11  size;

12         2.  All riders are connected to the towline and secured

13  in a seat harness attached to an ascending type of parachute;

14         3.  The vessel is in full compliance with all United

15  States Coast Guard crewing and equipment carriage requirements

16  for passenger carrying vessels as specified in the Code of

17  Federal Regulations or as otherwise specified by the United

18  States Coast Guard in the vessel's certificate of inspection;

19  and

20         4.  The vessel is equipped with a functional VHF marine

21  transceiver.

22         (e)  Commercial parasailing is prohibited in the

23  Atlantic Ocean and the Gulf of Mexico in waters less than

24  2,000 feet from the shore. The restriction applies to the

25  entire commercial parasailing apparatus, including the vessel,

26  towline, and rider.

27         (f)  A person may not operate a vessel towing a

28  commercial parasailing rider so that the vessel, towline, or

29  rider comes within 600 feet of:

30         1.  An anchored vessel;

31         2.  A person in the water;

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    Florida Senate - 2005                                  SB 2076
    16-140A-05




 1         3.  The shore or seawall; or

 2         4.  A structure, bridge, power line, wharf, pier, dock,

 3  buoy, platform, piling, channel marker, or other similar

 4  object.

 5         (g)  Commercial parasailing is prohibited:

 6         1.  On bodies of water less than 2,000 feet in width

 7  from shore to shore;

 8         2.  From one-half hour after sunset to one-half hour

 9  before sunrise and at all times during restricted visibility;

10  and

11         3.  When there are sustained winds of 20 knots or

12  higher or seas 5 feet or higher in the area of operation.

13         (j)  Towlines used for commercial parasailing must not

14  exceed 800 feet in length.

15         (k)  Commercial parasail operators must launch riders

16  only from and recover riders only to the vessel's launch

17  platform.

18         (l)  No more than two persons may be tethered to the

19  towing vessel and ascend above the water at any time.

20         (4)  A person who violates this section commits a

21  misdemeanor of the second degree, punishable as provided in s.

22  775.082 or s. 775.083.

23         Section 2.  This act shall take effect October 1, 2005.

24  

25            *****************************************

26                          SENATE SUMMARY

27    Requires vessels engaged in commercial parasailing to
      obtain an annual license. Requires each owner to carry
28    liability insurance. Prescribes minimum amounts of
      insurance and deductibles. Provides requirements for
29    persons conducting commercial parasailing operations.
      Provides a criminal penalty.
30  

31  

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