HB 0479CS

CHAMBER ACTION




1The Water & Natural Resources Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to commercial parasailing; creating s.
8327.375, F.S.; defining the term "commercial parasailing";
9requiring each vessel engaged in commercial parasailing to
10be licensed annually; providing a license fee; providing
11for disposition of license fees collected; requiring each
12owner to carry liability insurance; providing for minimum
13amounts of insurance and maximum deductibles; providing
14requirements for persons conducting commercial parasailing
15operations; providing criminal penalties; providing an
16effective date.
17
18Be It Enacted by the Legislature of the State of Florida:
19
20     Section 1.  Section 327.375, Florida Statutes, is created
21to read:
22     327.375  Commercial parasailing.--
23     (1)  As used in this section, the term "commercial
24parasailing" means providing or offering to provide, for
25consideration, any activity involving the towing of a person by
26a 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
30while the vessel is underway.
31     (2)  A vessel engaged in commercial parasailing shall be
32licensed annually by the commission at a cost of $50. All
33license fees collected shall be paid into the Marine Resources
34Conservation Trust Fund to recover the associated costs of
35regulating commercial parasailing. The license shall be
36available for inspection when the vessel is engaged in
37commercial parasailing.
38     (3)  The owner of a vessel engaged in commercial
39parasailing shall obtain and carry a policy from an insurance
40carrier licensed in this state, insuring against an accident,
41loss, injury, property damage, or other casualty caused by or
42resulting from the commercial parasailing activity. The
43insurance policy shall provide coverage for a minimum of
44$500,000 per person and $1 million per event. The deductible for
45the insurance policy may not exceed $5,000 per event. Proof of
46insurance shall be carried on the vessel and be available for
47inspection when commercial parasailing activities are conducted.
48A person conducting a commercial parasailing activity shall give
49each rider the insurance carrier's name and address and the
50insurance policy number.
51     (4)  A person engaged in commercial parasailing shall meet
52the following requirements:
53     (a)  A person shall not use any vessel for commercial
54parasailing unless it is designed and equipped for towing a
55person while parasailing and is equipped with a launch platform
56and powered winch to release and retrieve the towline.
57     (b)  A person operating a vessel engaged in commercial
58parasailing on the waters of this state shall have a current and
59valid license issued by the United States Coast Guard
60authorizing that person to engage in carrying passengers for
61hire. The license shall be carried on the vessel and be
62available for inspection while commercial parasailing activities
63are conducted.
64     (c)  A person may not operate a vessel for commercial
65parasailing unless an observer 18 years of age or older is
66present in the vessel at all times to monitor the progress of
67any airborne parasail rider and parachute. The observer shall be
68attentive to the parasail rider or riders and shall have no
69other duties while the rider or riders are in the water or
70suspended above the water.
71     (d)  A person shall not operate any vessel engaged in
72commercial parasailing unless:
73     1.  All riders wear a United States Coast Guard approved
74type I, type II, or type III personal flotation device that is
75in serviceable condition and of the proper size;
76     2.  All riders are connected to the towline and secured in
77a seat harness attached to an ascending type of parachute;
78     3.  The vessel is in full compliance with all United States
79Coast Guard crewing and equipment carriage requirements for
80passenger-carrying vessels as specified in the Code of Federal
81Regulations or as otherwise specified by the United States Coast
82Guard in the vessel's certificate of inspection; and
83     4.  The vessel is equipped with a functional VHF marine
84transceiver.
85     (e)  Commercial parasailing is prohibited in the Atlantic
86Ocean and the Gulf of Mexico in waters less than 2,000 feet from
87the shore. The restriction applies to the entire commercial
88parasailing apparatus, including the vessel, towline, and rider.
89     (f)  A person shall not operate a vessel towing a
90commercial parasailing rider so that the vessel, towline, or
91rider 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,
96buoy, 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
99shore to shore;
100     2.  From one-half hour after sunset to one-half hour before
101sunrise and at all times during restricted visibility; and
102     3.  When there are sustained winds of 20 knots or higher,
103or seas 5 feet or higher in the area of operation.
104     (h)  Towlines used for commercial parasailing shall not
105exceed 800 feet in length.
106     (i)  Commercial parasail operators shall launch riders only
107from and recover riders only to the vessel's launch platform.
108     (j)  No more than two persons shall be tethered to the
109towing vessel and ascend above the water at any time.
110     (5)  A person who violates this section commits a
111misdemeanor of the second degree, punishable as provided in s.
112775.082 or s. 775.083.
113     Section 2.  This act shall take effect October 1, 2005.


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