Senate Bill sb1958

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    Florida Senate - 2006                                  SB 1958

    By Senator Aronberg





    27-1195B-06

  1                      A bill to be entitled

  2         An act relating to airboats; amending s.

  3         327.02, F.S.; defining the terms "airboat" and

  4         "muffler"; conforming terminology; creating s.

  5         327.391, F.S.; providing for regulation of

  6         airboat operation and equipment; requiring

  7         airboats to be operated in a reasonable and

  8         prudent manner; requiring described

  9         sound-muffling device; requiring display of

10         described flag; providing penalties; providing

11         for application of specified provisions to

12         airboat operation and equipment; providing

13         exceptions; amending ss. 320.08, 327.73,

14         328.17, 342.07, 713.78, and 715.07, F.S.;

15         correcting cross-references; amending s.

16         616.242, F.S.; conforming terminology;

17         providing an effective date.

18  

19  Be It Enacted by the Legislature of the State of Florida:

20  

21         Section 1.  Present subsection (37) of section 327.02,

22  Florida Statutes, is amended, subsections (1) through (22) are

23  renumbered as subsections (2) through (23), respectively,

24  subsections (23) through (38) are renumbered as subsections

25  (25) through (40), respectively, and new subsections (1) and

26  (24) are added to that section, to read:

27         327.02  Definitions of terms used in this chapter and

28  in chapter 328.--As used in this chapter and in chapter 328,

29  unless the context clearly requires a different meaning, the

30  term:

31  

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 1         (1)  "Airboat" means a traditional vessel, designed for

 2  use in shallow waters, powered by a combustion engine with an

 3  airplane-type propeller mounted above the stern used to push

 4  air across a set of rudders.

 5         (24)  "Muffler" means a sound-suppression device or

 6  system designed to abate the sound of exhaust gases emitted

 7  from an internal combustion engine and prevent excessive sound

 8  when installed on such engine.

 9         (39)(37)  "Vessel" is synonymous with boat as

10  referenced in s. 1(b), Art. VII of the State Constitution and

11  includes every description of watercraft, barge, and airboat

12  air boat, other than a seaplane on the water, used or capable

13  of being used as a means of transportation on water.

14         Section 2.  Section 327.391, Florida Statutes, is

15  created to read:

16         327.391  Airboats regulated.--

17         (1)  An airboat must at all times be operated in a

18  reasonable and prudent manner. Maneuvers that unreasonably or

19  unnecessarily endanger life, limb, or property, including, but

20  not limited to, weaving through congested vessel traffic,

21  swerving at the last possible moment to avoid collision, and

22  not keeping proper lookout, constitute reckless operation of a

23  vessel as provided in s. 327.33(1). Any person operating an

24  airboat must comply with the provisions of s. 327.33.

25         (2)  The exhaust of every internal combustion engine

26  used on any airboat operated on the waters of this state shall

27  be provided with a stock factory muffler, underwater exhaust,

28  or other manufactured device capable of adequately muffling

29  the sound of the exhaust of the engine as described in s.

30  327.02(24). The use of cutouts is prohibited, except for

31  

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 1  vessels competing in a regatta or official boat race, and for

 2  such vessels while on trial runs.

 3         (3)  An airboat cited for an infraction of s. 327.65(1)

 4  shall be required to show proof of installation of a muffler

 5  as defined in s. 327.02 before such airboat can be further

 6  operated on the waters of the state.

 7         (4)  An airboat may not operate on the waters of the

 8  state unless it is equipped with a mast or flagpole bearing a

 9  flag at a height of at least 10 feet above the deck. The flag

10  must be square or rectangular, at least 20 inches in height

11  and width, international orange in color, and displayed so

12  that the visibility of the flag is not obscured in any

13  direction.

14         (5)  The provisions of this section and ss. 327.01,

15  327.02, 327.30-327.40, 327.44-327.50, 327.54, 327.56, 327.65,

16  328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall govern

17  airboat operation and equipment and all other matters relating

18  thereto whenever any airboat is operated on the waters of the

19  state or when any activity regulated under this section takes

20  place on the waters of the state. Nothing in this section or

21  any of such sections shall be construed to prevent the

22  adoption of any ordinance or local law relating to airboat

23  operation and equipment, except that such ordinances or local

24  laws may not apply to the Florida Intracoastal Waterway and

25  shall be operative only when they are not in conflict with

26  this chapter or any rule adopted pursuant thereto. An

27  ordinance or local law adopted pursuant to this section or any

28  other state law may not discriminate against airboats as

29  defined in s. 327.02.

30         (6)  This section does not apply to a performer engaged

31  in a professional exhibition or a person preparing to

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 1  participate or participating in a regatta, race, marine

 2  parade, tournament, or exhibition held in compliance with s.

 3  327.48.

 4         Section 3.  Paragraphs (d) and (e) of subsection (5) of

 5  section 320.08, Florida Statutes, are amended to read:

 6         320.08  License taxes.--Except as otherwise provided

 7  herein, there are hereby levied and imposed annual license

 8  taxes for the operation of motor vehicles, mopeds, motorized

 9  bicycles as defined in s. 316.003(2), and mobile homes, as

10  defined in s. 320.01, which shall be paid to and collected by

11  the department or its agent upon the registration or renewal

12  of registration of the following:

13         (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE

14  WEIGHT; SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--

15         (d)  A wrecker, as defined in s. 320.01(40), which is

16  used to tow a vessel as defined in s. 327.02(38)(36), a

17  disabled, abandoned, stolen-recovered, or impounded motor

18  vehicle as defined in s. 320.01(38), or a replacement motor

19  vehicle as defined in s. 320.01(39): $30 flat.

20         (e)  A wrecker, as defined in s. 320.01(40), which is

21  used to tow any motor vehicle, regardless of whether or not

22  such motor vehicle is a disabled motor vehicle as defined in

23  s. 320.01(38), a replacement motor vehicle as defined in s.

24  320.01(39), a vessel as defined in s. 327.02(38)(36), or any

25  other cargo, as follows:

26         1.  Gross vehicle weight of 10,000 pounds or more, but

27  less than 15,000 pounds: $87 flat.

28         2.  Gross vehicle weight of 15,000 pounds or more, but

29  less than 20,000 pounds: $131 flat.

30         3.  Gross vehicle weight of 20,000 pounds or more, but

31  less than 26,000 pounds: $186 flat.

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 1         4.  Gross vehicle weight of 26,000 pounds or more, but

 2  less than 35,000 pounds: $240 flat.

 3         5.  Gross vehicle weight of 35,000 pounds or more, but

 4  less than 44,000 pounds: $300 flat.

 5         6.  Gross vehicle weight of 44,000 pounds or more, but

 6  less than 55,000 pounds: $572 flat.

 7         7.  Gross vehicle weight of 55,000 pounds or more, but

 8  less than 62,000 pounds: $678 flat.

 9         8.  Gross vehicle weight of 62,000 pounds or more, but

10  less than 72,000 pounds: $800 flat.

11         9.  Gross vehicle weight of 72,000 pounds or more: $979

12  flat.

13         Section 4.  Paragraph (v) is added to subsection (1) of

14  section 327.73, Florida Statutes, to read:

15         327.73  Noncriminal infractions.--

16         (1)  Violations of the following provisions of the

17  vessel laws of this state are noncriminal infractions:

18         (v)  Section 327.391(4), relating to airboat flags. Any

19  person cited for a violation of any such provision shall be

20  deemed to be charged with a noncriminal infraction, shall be

21  cited for such an infraction, and shall be cited to appear

22  before the county court. The civil penalty for any such

23  infraction is $50, except as otherwise provided in this

24  section. Any person who fails to appear or otherwise properly

25  respond to a uniform boating citation shall, in addition to

26  the charge relating to the violation of the boating laws of

27  this state, be charged with the offense of failing to respond

28  to such citation and, upon conviction, be guilty of a

29  misdemeanor of the second degree, punishable as provided in s.

30  775.082 or s. 775.083. A written warning to this effect shall

31  

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 1  be provided at the time such uniform boating citation is

 2  issued.

 3         Section 5.  Subsection (4) of section 328.17, Florida

 4  Statutes, is amended to read:

 5         328.17  Nonjudicial sale of vessels.--

 6         (4)  A marina, as defined in s. 327.02(20)(19), shall

 7  have a possessory lien upon any vessel for storage fees,

 8  dockage fees, repairs, improvements, or other work-related

 9  storage charges, and for expenses necessary for preservation

10  of the vessel or expenses reasonably incurred in the sale or

11  other disposition of the vessel. The possessory lien shall

12  attach as of the date the vessel is brought to the marina, or

13  as of the date the vessel first occupies rental space at the

14  marina facility. However, in the event of default, the marina

15  must give notice to persons who hold perfected security

16  interests against the vessel under the Uniform Commercial Code

17  in which the owner is named as the debtor.

18         Section 6.  Subsection (2) of section 342.07, Florida

19  Statutes, is amended to read:

20         342.07  Recreational and commercial working

21  waterfronts; legislative findings; definitions.--

22         (2)  As used in this section, the term "recreational

23  and commercial working waterfront" means a parcel or parcels

24  of real property that provide access for water-dependent

25  commercial activities or provide access for the public to the

26  navigable waters of the state. Recreational and commercial

27  working waterfronts require direct access to or a location on,

28  over, or adjacent to a navigable body of water. The term

29  includes water-dependent facilities that are open to the

30  public and offer public access by vessels to the waters of the

31  state or that are support facilities for recreational,

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 1  commercial, research, or governmental vessels. These

 2  facilities include docks, wharfs, lifts, wet and dry marinas,

 3  boat ramps, boat hauling and repair facilities, commercial

 4  fishing facilities, boat construction facilities, and other

 5  support structures over the water. As used in this section,

 6  the term "vessel" has the same meaning as in s.

 7  327.02(39)(37). Seaports are excluded from the definition.

 8         Section 7.  Paragraph (a) of subsection (10) of section

 9  616.242, Florida Statutes, is amended to read:

10         616.242  Safety standards for amusement rides.--

11         (10)  EXEMPTIONS.--

12         (a)  This section does not apply to:

13         1.  Permanent facilities that employ at least 1,000

14  full-time employees and that maintain full-time, in-house

15  safety inspectors. Furthermore, the permanent facilities must

16  file an affidavit of the annual inspection with the

17  department, on a form prescribed by rule of the department.

18  Additionally, the Department of Agriculture and Consumer

19  Services may consult annually with the permanent facilities

20  regarding industry safety programs.

21         2.  Any playground operated by a school, local

22  government, or business licensed under chapter 509, if the

23  playground is an incidental amenity and the operating entity

24  is not primarily engaged in providing amusement, pleasure,

25  thrills, or excitement.

26         3.  Museums or other institutions principally devoted

27  to the exhibition of products of agriculture, industry,

28  education, science, religion, or the arts.

29         4.  Conventions or trade shows for the sale or exhibit

30  of amusement rides if there are a minimum of 15 amusement

31  rides on display or exhibition, and if any operation of such

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 1  amusement rides is limited to the registered attendees of the

 2  convention or trade show.

 3         5.  Skating rinks, arcades, lazer or paint ball war

 4  games, bowling alleys, miniature golf courses, mechanical

 5  bulls, inflatable rides, trampolines, ball crawls, exercise

 6  equipment, jet skis, paddle boats, airboats air boats,

 7  helicopters, airplanes, parasails, hot air or helium balloons

 8  whether tethered or untethered, theatres, batting cages,

 9  stationary spring-mounted fixtures, rider-propelled

10  merry-go-rounds, games, side shows, live animal rides, or live

11  animal shows.

12         6.  Go-karts operated in competitive sporting events if

13  participation is not open to the public.

14         7.  Nonmotorized playground equipment that is not

15  required to have a manager.

16         8.  Coin-actuated amusement rides designed to be

17  operated by depositing coins, tokens, credit cards, debit

18  cards, bills, or other cash money and which are not required

19  to have a manager, and which have a capacity of six persons or

20  less.

21         9.  Facilities described in s. 549.09(1)(a) when such

22  facilities are operating cars, trucks, or motorcycles only.

23         10.  Battery-powered cars or other vehicles that are

24  designed to be operated by children 7 years of age or under

25  and that cannot exceed a speed of 4 miles per hour.

26         11.  Mechanically driven vehicles that pull train cars,

27  carts, wagons, or other similar vehicles, that are not

28  confined to a metal track or confined to an area but are

29  steered by an operator and do not exceed a speed of 4 miles

30  per hour.

31  

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 1         Section 8.  Paragraph (b) of subsection (1) of section

 2  713.78, Florida Statutes, is amended to read:

 3         713.78  Liens for recovering, towing, or storing

 4  vehicles and vessels.--

 5         (1)  For the purposes of this section, the term:

 6         (b)  "Vessel" means every description of watercraft,

 7  barge, and airboat air boat used or capable of being used as a

 8  means of transportation on water, other than a seaplane or a

 9  "documented vessel" as defined in s. 327.02(9)(8).

10         Section 9.  Paragraph (b) of subsection (1) of section

11  715.07, Florida Statutes, is amended to read:

12         715.07  Vehicles or vessels parked on private property;

13  towing.--

14         (1)  As used in this section, the term:

15         (b)  "Vessel" means every description of watercraft,

16  barge, and airboat used or capable of being used as a means of

17  transportation on water, other than a seaplane or a

18  "documented vessel" as defined in s. 327.02(9)(8).

19         Section 10.  This act shall take effect October 1,

20  2006.

21  

22            *****************************************

23                          SENATE SUMMARY

24    Provides for the regulation of airboats. Establishes
      operating and equipment requirements. Provides
25    exemptions. Provides penalties. (See bill for details.)

26  

27  

28  

29  

30  

31  

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