Senate Bill sb1760
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1760
By Senator Sebesta
16-294A-06
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 from the Fish and
6 Wildlife Conservation Commission; requiring
7 each owner to carry liability insurance;
8 providing for minimum amounts of insurance and
9 maximum deductibles; providing requirements for
10 persons conducting commercial parasailing
11 operations; providing a criminal penalty;
12 providing an effective date.
13
14 Be It Enacted by the Legislature of the State of Florida:
15
16 Section 1. Section 327.375, Florida Statutes, is
17 created to read:
18 327.375 Commercial parasailing.--
19 (1) As used in this section, the term "commercial
20 parasailing" means providing or offering to provide, for
21 consideration, any activity involving the towing of a person
22 by a motorboat when:
23 (a) One or more persons are tethered to the towing
24 vessel;
25 (b) The person or persons ascend above the water; and
26 (c) The person or persons remain suspended above the
27 water while the vessel is underway.
28 (2) A vessel engaged in commercial parasailing shall
29 obtain an annual license from the commission for the cost of
30 $50. All license fees collected must be paid into the Marine
31 Resources Conservation Trust Fund to recover the associated
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1760
16-294A-06
1 costs of regulating commercial parasailing. The license must
2 be available for inspection when the vessel is engaged in
3 commercial parasailing.
4 (3) The owner of a vessel engaged in commercial
5 parasailing shall obtain and carry a policy from an insurance
6 carrier approved in this state, insuring against an accident,
7 loss, injury, property damage, or other casualty caused by or
8 resulting from the commercial parasailing activity. The
9 insurance policy must provide coverage for a minimum of $1
10 million per occurrence. The deductible for the insurance
11 policy may not exceed $5,000 per event. Proof of insurance
12 must be carried on the vessel and be available for inspection
13 when commercial parasailing activities are conducted.
14 (4) A person engaged in commercial parasailing shall
15 meet the following requirements:
16 (a) A person may not use any vessel for commercial
17 parasailing unless it is designed and equipped for towing a
18 person while parasailing and is equipped with a launch
19 platform and powered winch to release and retrieve the
20 towline.
21 (b) A person operating a vessel engaged in commercial
22 parasailing on the waters of this state must have a current
23 and valid license issued by the United States Coast Guard
24 authorizing that person to engage in carrying passengers for
25 hire. The license must be carried on the vessel and be
26 available for inspection while commercial parasailing
27 activities are conducted.
28 (c) A person may not operate a vessel for commercial
29 parasailing unless an observer 18 years of age or older is
30 present in the vessel at all times to monitor the progress of
31 any airborne parasail rider and parachute. The observer must
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1760
16-294A-06
1 be attentive to the parasail rider or riders while the rider
2 or riders are in the water or suspended above the water.
3 (d) A person may not operate any vessel engaged in
4 commercial parasailing unless:
5 1. All riders wear a United States Coast Guard
6 approved type I, type II, or type III personal flotation
7 device that is in serviceable condition and of the proper
8 size;
9 2. All riders are connected to the towline and secured
10 in a seat harness attached to an ascending type of parachute;
11 3. The vessel is in full compliance with all crewing
12 and equipment carriage requirements of the United States Coast
13 Guard for passenger carrying vessels as specified in the Code
14 of Federal Regulations or as otherwise specified by the United
15 States Coast Guard in the vessel's certificate of inspection;
16 and
17 4. The vessel is equipped with a functional VHF marine
18 transceiver.
19 (e) A person may not engage in commercial parasailing
20 in the Atlantic Ocean and the Gulf of Mexico in waters less
21 than 2,000 feet from the shore. The restriction applies to the
22 entire commercial parasailing apparatus, including the vessel,
23 towline, and rider.
24 (f) A person may not operate a vessel towing a
25 commercial parasailing rider so that the vessel, towline, or
26 rider comes within 600 feet of:
27 1. An anchored vessel;
28 2. A person in the water;
29 3. The shore or seawall; or
30 4. A structure, bridge, power line, wharf, pier, dock,
31 platform, piling, channel marker, or other similar object.
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 SB 1760
16-294A-06
1 (g) A person may not engage in commercial parasailing:
2 1. On bodies of water less than 2,000 feet in width
3 from shore to shore;
4 2. From one-half hour after sunset to one-half hour
5 before sunrise and at all times during restricted visibility;
6 or
7 3. When there are sustained winds of 20 knots or
8 higher or seas 5 feet or higher in the area of operation.
9 (j) Towlines used for commercial parasailing may not
10 exceed 800 feet in length.
11 (k) Commercial parasail operators must launch riders
12 only from and recover riders only to the vessel's launch
13 platform.
14 (l) More than two persons may not be tethered to the
15 towing vessel and ascend above the water at any time.
16 (4) A person who violates this section commits a
17 misdemeanor of the second degree, punishable as provided in s.
18 775.082 or s. 775.083.
19 Section 2. This act shall take effect October 1, 2006.
20
21 *****************************************
22 SENATE SUMMARY
23 Requires vessels engaged in commercial parasailing to
obtain an annual license. Requires each owner to carry
24 liability insurance. Prescribes the minimum amount of
insurance and deductible. Provides requirements for
25 persons conducting commercial parasailing operations.
Provides a criminal penalty.
26
27
28
29
30
31
4
CODING: Words stricken are deletions; words underlined are additions.