1 | The Water & Natural Resources Committee recommends the |
2 | following: |
3 |
|
4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to commercial parasailing; creating s. |
8 | 327.375, F.S.; defining the term "commercial parasailing"; |
9 | requiring each vessel engaged in commercial parasailing to |
10 | be licensed annually; providing a license fee; providing |
11 | for disposition of license fees collected; requiring each |
12 | owner to carry liability insurance; providing for minimum |
13 | amounts of insurance and maximum deductibles; providing |
14 | requirements for persons conducting commercial parasailing |
15 | operations; providing criminal penalties; providing an |
16 | effective date. |
17 |
|
18 | Be It Enacted by the Legislature of the State of Florida: |
19 |
|
20 | Section 1. Section 327.375, Florida Statutes, is created |
21 | to read: |
22 | 327.375 Commercial parasailing.-- |
23 | (1) As used in this section, the term "commercial |
24 | parasailing" means providing or offering to provide, for |
25 | consideration, any activity involving the towing of a person by |
26 | a motorboat when: |
27 | (a) One or more persons are tethered to the towing vessel; |
28 | (b) The person or persons ascend above the water; and |
29 | (c) The person or persons remain suspended above the water |
30 | while the vessel is underway. |
31 | (2) A vessel engaged in commercial parasailing shall be |
32 | licensed annually by the commission at a cost of $50. All |
33 | license fees collected shall be paid into the Marine Resources |
34 | Conservation Trust Fund to recover the associated costs of |
35 | regulating commercial parasailing. The license shall be |
36 | available for inspection when the vessel is engaged in |
37 | commercial parasailing. |
38 | (3) The owner of a vessel engaged in commercial |
39 | parasailing shall obtain and carry a policy from an insurance |
40 | carrier licensed in this state, insuring against an accident, |
41 | loss, injury, property damage, or other casualty caused by or |
42 | resulting from the commercial parasailing activity. The |
43 | insurance policy shall provide coverage for a minimum of |
44 | $500,000 per person and $1 million per event. The deductible for |
45 | the insurance policy may not exceed $5,000 per event. Proof of |
46 | insurance shall be carried on the vessel and be available for |
47 | inspection when commercial parasailing activities are conducted. |
48 | A person conducting a commercial parasailing activity shall give |
49 | each rider the insurance carrier's name and address and the |
50 | insurance policy number. |
51 | (4) A person engaged in commercial parasailing shall meet |
52 | the following requirements: |
53 | (a) A person shall not use any vessel for commercial |
54 | parasailing unless it is designed and equipped for towing a |
55 | person while parasailing and is equipped with a launch platform |
56 | and powered winch to release and retrieve the towline. |
57 | (b) A person operating a vessel engaged in commercial |
58 | parasailing on the waters of this state shall have a current and |
59 | valid license issued by the United States Coast Guard |
60 | authorizing that person to engage in carrying passengers for |
61 | hire. The license shall be carried on the vessel and be |
62 | available for inspection while commercial parasailing activities |
63 | are conducted. |
64 | (c) A person may not operate a vessel for commercial |
65 | parasailing unless an observer 18 years of age or older is |
66 | present in the vessel at all times to monitor the progress of |
67 | any airborne parasail rider and parachute. The observer shall be |
68 | attentive to the parasail rider or riders and shall have no |
69 | other duties while the rider or riders are in the water or |
70 | suspended above the water. |
71 | (d) A person shall not operate any vessel engaged in |
72 | commercial parasailing unless: |
73 | 1. All riders wear a United States Coast Guard approved |
74 | type I, type II, or type III personal flotation device that is |
75 | in serviceable condition and of the proper size; |
76 | 2. All riders are connected to the towline and secured in |
77 | a seat harness attached to an ascending type of parachute; |
78 | 3. The vessel is in full compliance with all United States |
79 | Coast Guard crewing and equipment carriage requirements for |
80 | passenger-carrying vessels as specified in the Code of Federal |
81 | Regulations or as otherwise specified by the United States Coast |
82 | Guard in the vessel's certificate of inspection; and |
83 | 4. The vessel is equipped with a functional VHF marine |
84 | transceiver. |
85 | (e) Commercial parasailing is prohibited in the Atlantic |
86 | Ocean and the Gulf of Mexico in waters less than 2,000 feet from |
87 | the shore. The restriction applies to the entire commercial |
88 | parasailing apparatus, including the vessel, towline, and rider. |
89 | (f) A person shall not operate a vessel towing a |
90 | commercial parasailing rider so that the vessel, towline, or |
91 | rider comes within 600 feet of: |
92 | 1. An anchored vessel; |
93 | 2. A person in the water; |
94 | 3. The shore or seawall; or |
95 | 4. A structure, bridge, power line, wharf, pier, dock, |
96 | buoy, platform, piling, channel marker, or other similar object. |
97 | (g) Commercial parasailing is prohibited: |
98 | 1. On bodies of water less than 2,000 feet in width from |
99 | shore to shore; |
100 | 2. From one-half hour after sunset to one-half hour before |
101 | sunrise and at all times during restricted visibility; and |
102 | 3. When there are sustained winds of 20 knots or higher, |
103 | or seas 5 feet or higher in the area of operation. |
104 | (h) Towlines used for commercial parasailing shall not |
105 | exceed 800 feet in length. |
106 | (i) Commercial parasail operators shall launch riders only |
107 | from and recover riders only to the vessel's launch platform. |
108 | (j) No more than two persons shall be tethered to the |
109 | towing vessel and ascend above the water at any time. |
110 | (5) A person who violates this section commits a |
111 | misdemeanor of the second degree, punishable as provided in s. |
112 | 775.082 or s. 775.083. |
113 | Section 2. This act shall take effect October 1, 2005. |