HB 0479

1
A bill to be entitled
2An act relating to commercial parasailing; creating s.
3327.375, F.S.; defining the term "commercial parasailing";
4providing for the regulation of commercial parasailing by
5the Fish and Wildlife Conservation Commission; providing
6requirements for licensing and liability insurance;
7requiring the commission to establish minimum requirements
8for liability insurance and maximum deductible amounts;
9authorizing the commission to adopt rules; providing
10requirements for conducting commercial parasailing
11operations; providing a penalty; providing an effective
12date.
13
14Be It Enacted by the Legislature of the State of Florida:
15
16     Section 1.  Section 327.375, Florida Statutes, is created
17to read:
18     327.375  Commercial parasailing.--
19     (1)  "Commercial parasailing" means any activity involving
20the towing of a person by a motorboat for consideration when:
21     (a)  One or more persons are tethered to the towing vessel.
22     (b)  The person or persons ascend above the water.
23     (c)  The person or persons remain suspended above the water
24while the vessel is underway.
25     (2)  The Fish and Wildlife Conservation Commission shall
26regulate commercial parasailing by requiring, at a minimum, that
27each person who provides commercial parasailing to another
28person be licensed and maintain the minimum liability insurance
29necessary for commercial parasailing. In order to recover the
30costs of regulating commercial parasailing, the commission may
31impose by rule an annual licensing fee, which may not exceed
32$100, and a registration fee of $10 for each county in which a
33licensee intends to engage in commercial parasailing. The
34commission shall establish by rule the requirements for minimum
35liability insurance, including maximum deductible amounts. The
36commission may adopt rules pursuant to ss. 120.536(1) and 120.54
37to administer this section.
38     (3)  Each person who engages in commercial parasailing must
39meet the following operation requirements:
40     (a)  Each vessel engaged in commercial parasailing
41operations must be designed and equipped for towing a person
42while parasailing and must be equipped with a rear launch
43platform and powered winch that is used to release and retrieve
44the tow line.
45     (b)  Any person who operates a vessel used for commercial
46parasailing must maintain a valid license for carrying
47passengers for hire issued by the United States Coast Guard.
48     (c)  An observer who is 18 years of age or older must, at
49all times, be present in any vessel that is engaged in
50commercial parasailing to monitor the progress of each airborne
51parasail rider and parachute.
52     (d)  Each commercial parasail rider must wear a United
53States Coast Guard approved type I, type II, or type III
54personal flotation device of the proper size and must be
55connected to the towline and secured in a seat harness attached
56to an ascending type of parachute.
57     (e)  Commercial parasailing in the Atlantic Ocean and the
58Gulf of Mexico is restricted to areas that are on or above
59waters that are not less than three-eighths of a nautical mile
60seaward from the shore. This restriction applies to the entire
61commercial parasailing apparatus, including the vessel, towline,
62and rider.
63     (f)  Commercial parasailing may not be conducted within 600
64feet of any:
65     1.  Anchored vessel;
66     2.  Person in the water;
67     3.  Shore or seawall; or
68     4.  Structure, bridge, power line, wharf, pier, dock, buoy,
69platform, piling, channel marker, or other similar object.
70     (g)  A person may not engage in commercial parasailing on a
71body of water less than 1,200 feet in width from shore to shore.
72     (h)  Each vessel engaged in commercial parasailing must be
73equipped with a functional VHF marine transceiver.
74     (i)  A person may not engage in commercial parasailing at
75any time between one-half hour after sunset and one-half hour
76before sunrise or during any period when visibility is
77restricted.
78     (j)  A person may not engage in commercial parasailing in
79any area where there are sustained winds of 20 knots or seas 5
80feet or higher.
81     (k)  A towline may not be longer than 800 feet.
82     (l)  A commercial parasail rider may be launched only from
83the flight deck of the vessel.
84     (m)  More than two persons may not be tethered to the
85towing vessel and ascend above the water at any time.
86     (4)  A person who violates this section commits a
87misdemeanor of the second degree, punishable as provided in s.
88775.082 or s. 775.083.
89     Section 2.  This act shall take effect October 1, 2005.


CODING: Words stricken are deletions; words underlined are additions.