Senate Bill sb1958er

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  1                                 

  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 the regulation of

  6         airboat operation and equipment; requiring a

  7         sound-muffling device, as described; requiring

  8         the display of flags, as described; providing

  9         penalties; amending s. 327.60, F.S.;

10         prohibiting an ordinance or local law from

11         discriminating against airboats; providing an

12         exception; amending s. 327.73, F.S.; providing

13         penalties; amending s. 327.731, F.S.; providing

14         for mandatory education; amending ss. 320.08,

15         328.17, 342.07, and 715.07, F.S.; correcting

16         cross-references; amending s. 713.78, F.S.;

17         correcting cross-references and conforming

18         terminology; amending s. 616.242, F.S.;

19         conforming terminology; providing effective

20         dates.

21  

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

23  

24         Section 1.  Present subsections (1) through (22) of

25  section 327.02, Florida Statutes, are redesignated as

26  subsections (2) through (23), respectively, subsections (23)

27  through (38) of that section are redesignated as subsections

28  (25) through (40), respectively, new subsections (1) and (24)

29  are added to that section, and present subsection (37) of that

30  section is amended, to read:

31  


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 1         327.02  Definitions of terms used in this chapter and

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

 3  unless the context clearly requires a different meaning, the

 4  term:

 5         (1)  "Airboat" means a vessel that is primarily

 6  designed for use in shallow waters and powered by an internal

 7  combustion engine with an airplane-type propeller mounted

 8  above the stern and used to push air across a set of rudders.

 9         (24)  "Muffler" means an automotive-style

10  sound-suppression device or system designed to effectively

11  abate the sound of exhaust gases emitted from an internal

12  combustion engine and prevent excessive sound when installed

13  on such an engine.

14         (39)(37)  "Vessel" is synonymous with boat as

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

16  includes every description of watercraft, barge, and airboat

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

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

19         Section 2.  Section 327.391, Florida Statutes, is

20  created to read:

21         327.391  Airboats regulated.--

22         (1)  The exhaust of every internal combustion engine

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

24  be provided with an automotive-style factory muffler,

25  underwater exhaust, or other manufactured device capable of

26  adequately muffling the sound of the exhaust of the engine as

27  described in s. 327.02(24). The use of cutouts or flex pipe as

28  the sole source of muffling is prohibited, except as provided

29  in subsection (4). Any person who violates this subsection

30  commits a noncriminal infraction punishable as provided in s.

31  327.73(1).


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 1         (2)  An airboat operator cited for an infraction of

 2  subsection (1) may not operate the airboat until a muffler as

 3  defined in s. 327.02 is installed.

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

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

 6  flag at a height of at least 10 feet above the lowest portion

 7  of the vessel. The flag must be square or rectangular, at

 8  least 10 inches by 12 inches in size, international orange in

 9  color, and displayed so that the visibility of the flag is not

10  obscured in any direction. Any person who violates this

11  subsection commits a noncriminal infraction punishable as

12  provided in s. 327.73(1).

13         (4)  This section does not apply to a person

14  participating in an event for which a permit is required, or

15  of which notice must be given, under s. 327.48.

16         Section 3.  Effective July 1, 2006, subsection (1) of

17  section 327.60, Florida Statutes, is amended to read:

18         327.60  Local regulations; limitations.--

19         (1)  The provisions of ss. 327.01, 327.02,

20  327.30-327.40, 327.44-327.50, 327.54, 327.56, 327.65,

21  328.40-328.48, 328.52-328.58, 328.62, and 328.64 shall govern

22  the operation, equipment, and all other matters relating

23  thereto whenever any vessel shall be operated upon the

24  waterways or when any activity regulated hereby shall take

25  place thereon. Nothing in these sections shall be construed to

26  prevent the adoption of any ordinance or local law relating to

27  operation and equipment of vessels, except that no such

28  ordinance or local law may apply to the Florida Intracoastal

29  Waterway and except that such ordinances or local laws shall

30  be operative only when they are not in conflict with this

31  chapter or any amendments thereto or regulations thereunder.


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 1  Any ordinance or local law which has been adopted pursuant to

 2  this section or to any other state law may not discriminate

 3  against personal watercraft as defined in s. 327.02. Effective

 4  July 1, 2006, any ordinance or local law adopted pursuant to

 5  this section or any other state law may not discriminate

 6  against airboats except by a two-thirds vote of the governing

 7  body enacting such ordinance.

 8         Section 4.  Paragraphs (v) and (w) are added to

 9  subsection (1) of section 327.73, Florida Statutes, to read:

10         327.73  Noncriminal infractions.--

11         (1)  Violations of the following provisions of the

12  vessel laws of this state are noncriminal infractions:

13         (v)  Section 327.391(1), relating to the requirement

14  for an adequate muffler on an airboat.

15         (w)  Section 327.391(3), relating to the display of a

16  flag on an airboat.

17  

18  Any person cited for a violation of any such provision shall

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

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

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

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

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

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

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

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

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

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

29  775.082 or s. 775.083. A written warning to this effect shall

30  be provided at the time such uniform boating citation is

31  issued.


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 1         Section 5.  Subsection (1) of section 327.731, Florida

 2  Statutes, is amended to read:

 3         327.731  Mandatory education for violators.--

 4         (1)  Every person convicted of a criminal violation of

 5  this chapter, every person convicted of a noncriminal

 6  infraction under this chapter if the infraction resulted in a

 7  reportable boating accident, and every person convicted of two

 8  noncriminal infractions as defined in s. 327.73(1)(h)-(k),

 9  (m), (o), (p), and (s)-(w)(u), said infractions occurring

10  within a 12-month period, must:

11         (a)  Enroll in, attend, and successfully complete, at

12  his or her own expense, a boating safety course that meets

13  minimum standards established by the commission by rule;

14  however, the commission may provide by rule pursuant to

15  chapter 120 for waivers of the attendance requirement for

16  violators residing in areas where classroom presentation of

17  the course is not available;

18         (b)  File with the commission within 90 days proof of

19  successful completion of the course;

20         (c)  Refrain from operating a vessel until he or she

21  has filed the proof of successful completion of the course

22  with the commission.

23  

24  Any person who has successfully completed an approved boating

25  course shall be exempt from these provisions upon showing

26  proof to the commission as specified in paragraph (b).

27         Section 6.  Paragraphs (d) and (e) of subsection (5) of

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

29         320.08  License taxes.--Except as otherwise provided

30  herein, there are hereby levied and imposed annual license

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


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

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

 3  the department or its agent upon the registration or renewal

 4  of registration of the following:

 5         (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE

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

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

 8  used to tow a vessel as defined in s. 327.02(39) s.

 9  327.02(36), a disabled, abandoned, stolen-recovered, or

10  impounded motor vehicle as defined in s. 320.01(38), or a

11  replacement motor vehicle as defined in s. 320.01(39): $30

12  flat.

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

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

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

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

17  320.01(39), a vessel as defined in s. 327.02(39) s.

18  327.02(36), or any other cargo, as follows:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 5         9.  Gross vehicle weight of 72,000 pounds or more:

 6  $979 flat.

 7         Section 7.  Subsection (4) of section 328.17, Florida

 8  Statutes, is amended to read:

 9         328.17  Nonjudicial sale of vessels.--

10         (4)  A marina, as defined in s. 327.02(20) s.

11  327.02(19), shall have a possessory lien upon any vessel for

12  storage fees, dockage fees, repairs, improvements, or other

13  work-related storage charges, and for expenses necessary for

14  preservation of the vessel or expenses reasonably incurred in

15  the sale or other disposition of the vessel. The possessory

16  lien shall attach as of the date the vessel is brought to the

17  marina, or as of the date the vessel first occupies rental

18  space at the marina facility. However, in the event of

19  default, the marina must give notice to persons who hold

20  perfected security interests against the vessel under the

21  Uniform Commercial Code in which the owner is named as the

22  debtor.

23         Section 8.  Subsection (2) of section 342.07, Florida

24  Statutes, is amended to read:

25         342.07  Recreational and commercial working

26  waterfronts; legislative findings; definitions.--

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

28  and commercial working waterfront" means a parcel or parcels

29  of real property that provide access for water-dependent

30  commercial activities or provide access for the public to the

31  navigable waters of the state. Recreational and commercial


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

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

 3  includes water-dependent facilities that are open to the

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

 5  state or that are support facilities for recreational,

 6  commercial, research, or governmental vessels. These

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

 8  boat ramps, boat hauling and repair facilities, commercial

 9  fishing facilities, boat construction facilities, and other

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

11  the term "vessel" has the same meaning as in s. 327.02(39) s.

12  327.02(37). Seaports are excluded from the definition.

13         Section 9.  Paragraph (a) of subsection (10) of section

14  616.242, Florida Statutes, is amended to read:

15         616.242  Safety standards for amusement rides.--

16         (10)  EXEMPTIONS.--

17         (a)  This section does not apply to:

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

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

20  safety inspectors. Furthermore, the permanent facilities must

21  file an affidavit of the annual inspection with the

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

23  Additionally, the Department of Agriculture and Consumer

24  Services may consult annually with the permanent facilities

25  regarding industry safety programs.

26         2.  Any playground operated by a school, local

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

28  playground is an incidental amenity and the operating entity

29  is not primarily engaged in providing amusement, pleasure,

30  thrills, or excitement.

31  


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 1         3.  Museums or other institutions principally devoted

 2  to the exhibition of products of agriculture, industry,

 3  education, science, religion, or the arts.

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

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

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

 7  amusement rides is limited to the registered attendees of the

 8  convention or trade show.

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

10  games, bowling alleys, miniature golf courses, mechanical

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

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

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

14  whether tethered or untethered, theatres, batting cages,

15  stationary spring-mounted fixtures, rider-propelled

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

17  animal shows.

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

19  participation is not open to the public.

20         7.  Nonmotorized playground equipment that is not

21  required to have a manager.

22         8.  Coin-actuated amusement rides designed to be

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

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

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

26  less.

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

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

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

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

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


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 1         11.  Mechanically driven vehicles that pull train cars,

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

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

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

 5  per hour.

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

 7  713.78, Florida Statutes, is amended to read:

 8         713.78  Liens for recovering, towing, or storing

 9  vehicles and vessels.--

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

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

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

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

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

15         Section 11.  Paragraph (b) of subsection (1) of section

16  715.07, Florida Statutes, is amended to read:

17         715.07  Vehicles or vessels parked on private property;

18  towing.--

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

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

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

22  transportation on water, other than a seaplane or a

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

24         Section 12.  Except as otherwise expressly provided in

25  this act and except for this section, which shall take effect

26  upon becoming a law, this act shall take effect October 1,

27  2006.

28  

29  

30  

31  


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