Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1958
Barcode 310588
CHAMBER ACTION
Senate House
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03/20/2006 04:11 PM .
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11 The Committee on Environmental Preservation (Baker)
12 recommended the following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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17 and insert:
18 Section 1. Present subsections (1) through (22) of
19 section 327.02, Florida Statutes, are redesignated as
20 subsections (2) through (23), respectively, subsections (23)
21 through (38) of that section are redesignated as subsections
22 (25) through (40), respectively, new subsections (1) and (24)
23 are added to that section, and present subsection (37) of that
24 section is amended, to read:
25 327.02 Definitions of terms used in this chapter and
26 in chapter 328.--As used in this chapter and in chapter 328,
27 unless the context clearly requires a different meaning, the
28 term:
29 (1) "Airboat" means a vessel that is designed for use
30 in shallow waters and powered by an internal combustion engine
31 with an airplane-type propeller mounted above the stern and
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1958
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1 used to push air across a set of rudders.
2 (24) "Muffler" means an automotive-style
3 sound-suppression device or system designed to effectively
4 abate the sound of exhaust gases emitted from an internal
5 combustion engine and prevent excessive sound when installed
6 on such an engine.
7 (39)(37) "Vessel" is synonymous with boat as
8 referenced in s. 1(b), Art. VII of the State Constitution and
9 includes every description of watercraft, barge, and airboat
10 air boat, other than a seaplane on the water, used or capable
11 of being used as a means of transportation on water.
12 Section 2. Section 327.391, Florida Statutes, is
13 created to read:
14 327.391 Airboats regulated.--
15 (1) The exhaust of every internal combustion engine
16 used on any airboat operated on the waters of this state shall
17 be provided with an automotive-style factory muffler,
18 underwater exhaust, or other manufactured device capable of
19 adequately muffling the sound of the exhaust of the engine as
20 described in s. 327.02(24). The use of cutouts or flex pipe is
21 prohibited, except as provided in subsection (4).
22 (2) An airboat operator cited for an infraction of
23 this section may not operate until a muffler as defined in s.
24 327.02 is installed. A second or subsequent violation of this
25 section is a second-degree misdemeanor punishable as provided
26 in s.775.083.
27 (3) An airboat may not operate on the waters of the
28 state unless it is equipped with a mast or flagpole bearing a
29 flag at a height of at least 10 feet above the deck. The flag
30 must be square or rectangular, at least 10 inches by 12 inches
31 in size, international orange in color, and displayed so that
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1958
Barcode 310588
1 the visibility of the flag is not obscured in any direction.
2 Any person who violates this subsection commits an infraction
3 punishable as provided in s. 327.733(1).
4 (4) This section does not apply to a performer engaged
5 in a professional exhibition or a person preparing to
6 participate in or participating in a regatta, race, marine
7 parade, tournament, or exhibition held in compliance with s.
8 327.48.
9 Section 3. Paragraphs (v) and (w) are added to
10 subsection (1) of section 327.73, Florida Statutes, to read:
11 327.73 Noncriminal infractions.--
12 (1) Violations of the following provisions of the
13 vessel laws of this state are noncriminal infractions:
14 (v) Failure to display a flag as described in s.
15 327.391(3).
16 (w) Failure to have an adequate muffling device as
17 described in s. 327.391(4).
18 Section 4. Subsection (1) of section 327.731, Florida
19 Statutes, is amended to read:
20 327.731 Mandatory education for violators.--
21 (1) Every person convicted of a criminal violation of
22 this chapter, every person convicted of a noncriminal
23 infraction under this chapter if the infraction resulted in a
24 reportable boating accident, and every person convicted of two
25 noncriminal infractions as defined in s. 327.73(1)(h)-(k),
26 (m), (o), (p), and (s)-(w)(u), said infractions occurring
27 within a 12-month period, must:
28 (a) Enroll in, attend, and successfully complete, at
29 his or her own expense, a boating safety course that meets
30 minimum standards established by the commission by rule;
31 however, the commission may provide by rule pursuant to
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1958
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1 chapter 120 for waivers of the attendance requirement for
2 violators residing in areas where classroom presentation of
3 the course is not available;
4 (b) File with the commission within 90 days proof of
5 successful completion of the course;
6 (c) Refrain from operating a vessel until he or she
7 has filed the proof of successful completion of the course
8 with the commission.
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10 Any person who has successfully completed an approved boating
11 course shall be exempt from these provisions upon showing
12 proof to the commission as specified in paragraph (b).
13 Section 5. Paragraphs (d) and (e) of subsection (5) of
14 section 320.08, Florida Statutes, are amended to read:
15 320.08 License taxes.--Except as otherwise provided
16 herein, there are hereby levied and imposed annual license
17 taxes for the operation of motor vehicles, mopeds, motorized
18 bicycles as defined in s. 316.003(2), and mobile homes, as
19 defined in s. 320.01, which shall be paid to and collected by
20 the department or its agent upon the registration or renewal
21 of registration of the following:
22 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE
23 WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
24 (d) A wrecker, as defined in s. 320.01(40), which is
25 used to tow a vessel as defined in s. 327.02(39) s.
26 327.02(36), a disabled, abandoned, stolen-recovered, or
27 impounded motor vehicle as defined in s. 320.01(38), or a
28 replacement motor vehicle as defined in s. 320.01(39): $30
29 flat.
30 (e) A wrecker, as defined in s. 320.01(40), which is
31 used to tow any motor vehicle, regardless of whether or not
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1958
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1 such motor vehicle is a disabled motor vehicle as defined in
2 s. 320.01(38), a replacement motor vehicle as defined in s.
3 320.01(39), a vessel as defined in s. 327.02(39) s.
4 327.02(36), or any other cargo, as follows:
5 1. Gross vehicle weight of 10,000 pounds or more, but
6 less than 15,000 pounds: $87 flat.
7 2. Gross vehicle weight of 15,000 pounds or more, but
8 less than 20,000 pounds: $131 flat.
9 3. Gross vehicle weight of 20,000 pounds or more, but
10 less than 26,000 pounds: $186 flat.
11 4. Gross vehicle weight of 26,000 pounds or more, but
12 less than 35,000 pounds: $240 flat.
13 5. Gross vehicle weight of 35,000 pounds or more, but
14 less than 44,000 pounds: $300 flat.
15 6. Gross vehicle weight of 44,000 pounds or more, but
16 less than 55,000 pounds: $572 flat.
17 7. Gross vehicle weight of 55,000 pounds or more, but
18 less than 62,000 pounds: $678 flat.
19 8. Gross vehicle weight of 62,000 pounds or more, but
20 less than 72,000 pounds: $800 flat.
21 9. Gross vehicle weight of 72,000 pounds or more:
22 $979 flat.
23 Section 6. Subsection (4) of section 328.17, Florida
24 Statutes, is amended to read:
25 328.17 Nonjudicial sale of vessels.--
26 (4) A marina, as defined in s. 327.02(20) s.
27 327.02(19), shall have a possessory lien upon any vessel for
28 storage fees, dockage fees, repairs, improvements, or other
29 work-related storage charges, and for expenses necessary for
30 preservation of the vessel or expenses reasonably incurred in
31 the sale or other disposition of the vessel. The possessory
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Florida Senate - 2006 COMMITTEE AMENDMENT
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1 lien shall attach as of the date the vessel is brought to the
2 marina, or as of the date the vessel first occupies rental
3 space at the marina facility. However, in the event of
4 default, the marina must give notice to persons who hold
5 perfected security interests against the vessel under the
6 Uniform Commercial Code in which the owner is named as the
7 debtor.
8 Section 7. Subsection (2) of section 342.07, Florida
9 Statutes. is amended to read:
10 342.07 Recreational and commercial working
11 waterfronts; legislative findings; definitions.--
12 (2) As used in this section, the term "recreational
13 and commercial working waterfront" means a parcel or parcels
14 of real property that provide access for water-dependent
15 commercial activities or provide access for the public to the
16 navigable waters of the state. Recreational and commercial
17 working waterfronts require direct access to or a location on,
18 over, or adjacent to a navigable body of water. The term
19 includes water-dependent facilities that are open to the
20 public and offer public access by vessels to the waters of the
21 state or that are support facilities for recreational,
22 commercial, research, or governmental vessels. These
23 facilities include docks, wharfs, lifts, wet and dry marinas,
24 boat ramps, boat hauling and repair facilities, commercial
25 fishing facilities, boat construction facilities, and other
26 support structures over the water. As used in this section,
27 the term "vessel" has the same meaning as in s. 327.02(39) s.
28 327.02(37). Seaports are excluded from the definition.
29 Section 8. Paragraph (a) of subsection (10) of section
30 616.242, Florida Statutes, is amended to read:
31 616.242 Safety standards for amusement rides.--
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Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1958
Barcode 310588
1 (10) EXEMPTIONS.--
2 (a) This section does not apply to:
3 1. Permanent facilities that employ at least 1,000
4 full-time employees and that maintain full-time, in-house
5 safety inspectors. Furthermore, the permanent facilities must
6 file an affidavit of the annual inspection with the
7 department, on a form prescribed by rule of the department.
8 Additionally, the Department of Agriculture and Consumer
9 Services may consult annually with the permanent facilities
10 regarding industry safety programs.
11 2. Any playground operated by a school, local
12 government, or business licensed under chapter 509, if the
13 playground is an incidental amenity and the operating entity
14 is not primarily engaged in providing amusement, pleasure,
15 thrills, or excitement.
16 3. Museums or other institutions principally devoted
17 to the exhibition of products of agriculture, industry,
18 education, science, religion, or the arts.
19 4. Conventions or trade shows for the sale or exhibit
20 of amusement rides if there are a minimum of 15 amusement
21 rides on display or exhibition, and if any operation of such
22 amusement rides is limited to the registered attendees of the
23 convention or trade show.
24 5. Skating rinks, arcades, lazer or paint ball war
25 games, bowling alleys, miniature golf courses, mechanical
26 bulls, inflatable rides, trampolines, ball crawls, exercise
27 equipment, jet skis, paddle boats, airboats air boats,
28 helicopters, airplanes, parasails, hot air or helium balloons
29 whether tethered or untethered, theatres, batting cages,
30 stationary spring-mounted fixtures, rider-propelled
31 merry-go-rounds, games, side shows, live animal rides, or live
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1 animal shows.
2 6. Go-karts operated in competitive sporting events if
3 participation is not open to the public.
4 7. Nonmotorized playground equipment that is not
5 required to have a manager.
6 8. Coin-actuated amusement rides designed to be
7 operated by depositing coins, tokens, credit cards, debit
8 cards, bills, or other cash money and which are not required
9 to have a manager, and which have a capacity of six persons or
10 less.
11 9. Facilities described in s. 549.09(1)(a) when such
12 facilities are operating cars, trucks, or motorcycles only.
13 10. Battery-powered cars or other vehicles that are
14 designed to be operated by children 7 years of age or under
15 and that cannot exceed a speed of 4 miles per hour.
16 11. Mechanically driven vehicles that pull train cars,
17 carts, wagons, or other similar vehicles, that are not
18 confined to a metal track or confined to an area but are
19 steered by an operator and do not exceed a speed of 4 miles
20 per hour.
21 Section 9. Paragraph (b) of subsection (1) of section
22 713.78, Florida Statutes, is amended to read:
23 713.78 Liens for recovering, towing, or storing
24 vehicles and vessels.--
25 (1) For the purposes of this section, the term:
26 (b) "Vessel" means every description of watercraft,
27 barge, and airboat air boat used or capable of being used as a
28 means of transportation on water, other than a seaplane or a
29 "documented vessel" as defined in s. 327.02(9) s. 327.02(8).
30 Section 10. Paragraph (b) of subsection (1) of section
31 715.07, Florida Statutes, is amended to read:
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1 715.07 Vehicles or vessels parked on private property;
2 towing.--
3 (1) As used in this section, the term:
4 (b) "Vessel" means every description of watercraft,
5 barge, and airboat used or capable of being used as a means of
6 transportation on water, other than a seaplane or a
7 "documented vessel" as defined in s. 327.02(9) s. 327.02(8).
8 Section 11. This act shall take effect October 1,
9 2006.
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12 ================ T I T L E A M E N D M E N T ===============
13 And the title is amended as follows:
14 Delete everything before the enacting clause
15
16 and insert:
17 A bill to be entitled
18 An act relating to airboats; amending s.
19 327.02, F.S.; defining the terms "airboat" and
20 "muffler"; conforming terminology; creating s.
21 327.391, F.S.; providing for the regulation of
22 airboat operation and equipment; requiring a
23 sound-muffling device, as described; requiring
24 the display of flags, as described; providing
25 penalties; amending s. 327.73, F.S.; providing
26 penalties; amending s. 327.731, F.S.; providing
27 for mandatory education; amending ss. 320.08,
28 328.17, 342.07, and 715.07, F.S.; correcting
29 cross-references; amending s. 713.78, F.S.;
30 correcting cross-references and conforming
31 terminology; amending s. 616.242, F.S.;
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1 conforming terminology; providing an effective
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