HB 733

1
A bill to be entitled
2An act relating to airboats; amending s. 327.02, F.S.;
3defining the terms "airboat" and "muffler"; conforming
4terminology; creating s. 327.391, F.S.; providing for
5regulation of airboat operation and equipment; requiring
6airboats to be operated in a reasonable and prudent
7manner; requiring described sound-muffling device;
8requiring display of described flag; providing penalties;
9providing for application of specified provisions to
10airboat operation and equipment; providing exceptions;
11amending ss. 320.08, 328.17, 342.07, 713.78, and 715.07,
12F.S.; correcting cross-references; amending s. 616.242,
13F.S.; conforming terminology; providing an effective date.
14
15Be It Enacted by the Legislature of the State of Florida:
16
17     Section 1.  Present subsection (37) of section 327.02,
18Florida Statutes, is amended, subsections (1) through (22) are
19renumbered as subsections (2) through (23), respectively,
20subsections (23) through (38) are renumbered as subsections (25)
21through (40), respectively, and new subsections (1) and (24) are
22added to that section, to read:
23     327.02  Definitions of terms used in this chapter and in
24chapter 328.--As used in this chapter and in chapter 328, unless
25the context clearly requires a different meaning, the term:
26     (1)  "Airboat" means a flat-bottomed vessel, designed for
27use in shallow waters, powered by a combustion engine with an
28airplane-type propeller mounted above the stern used to push air
29across a single set of rudders.
30     (24)  "Muffler" means a sound-suppression device or system
31designed to abate the sound of exhaust gases emitted from an
32internal combustion engine and prevent excessive sound when
33installed on such engine.
34     (39)(37)  "Vessel" is synonymous with boat as referenced in
35s. 1(b), Art. VII of the State Constitution and includes every
36description of watercraft, barge, and airboat air boat, other
37than a seaplane on the water, used or capable of being used as a
38means of transportation on water.
39     Section 2.  Section 327.391, Florida Statutes, is created
40to read:
41     327.391  Airboats regulated.--
42     (1)  An airboat must at all times be operated in a
43reasonable and prudent manner. Maneuvers that unreasonably or
44unnecessarily endanger life, limb, or property, including, but
45not limited to, weaving through congested vessel traffic,
46swerving at the last possible moment to avoid collision, and not
47keeping proper lookout, constitute reckless operation of a
48vessel as provided in s. 327.33(1). Any person operating an
49airboat must comply with the provisions of s. 327.33.
50     (2)  The exhaust of every internal combustion engine used
51on any airboat operated on the waters of this state shall be
52provided with a stock factory muffler, underwater exhaust, or
53other manufactured device capable of adequately muffling the
54sound of the exhaust of the engine as described in s.
55327.02(24). The use of cutouts is prohibited, except for vessels
56competing in a regatta or official boat race, and for such
57vessels while on trial runs.
58     (3)  An airboat cited for an infraction of s. 327.65(1)
59shall be required to show proof of installation of a muffler as
60defined in s. 327.02 before such airboat can be further operated
61on the waters of the state.
62     (4)  An airboat may not operate on the waters of the state
63unless it is equipped with a mast or flagpole bearing a flag at
64a height of at least 6 feet above the deck. The flag must be
65square or rectangular, at least 20 inches in height and width,
66international orange in color, and displayed so that the
67visibility of the flag is not obscured in any direction. Any
68person who violates this subsection commits reckless operation
69of a vessel, punishable as provided in s. 327.33(1).
70     (5)  The provisions of this section and ss. 327.01, 327.02,
71327.30-327.40, 327.44-327.50, 327.54, 327.56, 327.65, 328.40-
72328.48, 328.52-328.58, 328.62, and 328.64 shall govern airboat
73operation and equipment and all other matters relating thereto
74whenever any airboat is operated on the waters of the state or
75when any activity regulated under this section takes place on
76the waters of the state. Nothing in this section or any of such
77sections shall be construed to prevent the adoption of any
78ordinance or local law relating to airboat operation and
79equipment, except that such ordinances or local laws may not
80apply to the Florida Intracoastal Waterway and shall be
81operative only when they are not in conflict with this chapter
82or any rule adopted pursuant thereto. An ordinance or local law
83adopted pursuant to this section or any other state law may not
84discriminate against airboats as defined in s. 327.02.
85     (6)  This section does not apply to a performer engaged in
86a professional exhibition or a person preparing to participate
87or participating in a regatta, race, marine parade, tournament,
88or exhibition held in compliance with s. 327.48.
89     Section 3.  Paragraphs (d) and (e) of subsection (5) of
90section 320.08, Florida Statutes, are amended to read:
91     320.08  License taxes.--Except as otherwise provided
92herein, there are hereby levied and imposed annual license taxes
93for the operation of motor vehicles, mopeds, motorized bicycles
94as defined in s. 316.003(2), and mobile homes, as defined in s.
95320.01, which shall be paid to and collected by the department
96or its agent upon the registration or renewal of registration of
97the following:
98     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
99SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
100     (d)  A wrecker, as defined in s. 320.01(40), which is used
101to tow a vessel as defined in s. 327.02(38)(36), a disabled,
102abandoned, stolen-recovered, or impounded motor vehicle as
103defined in s. 320.01(38), or a replacement motor vehicle as
104defined in s. 320.01(39): $30 flat.
105     (e)  A wrecker, as defined in s. 320.01(40), which is used
106to tow any motor vehicle, regardless of whether or not such
107motor vehicle is a disabled motor vehicle as defined in s.
108320.01(38), a replacement motor vehicle as defined in s.
109320.01(39), a vessel as defined in s. 327.02(38)(36), or any
110other cargo, as follows:
111     1.  Gross vehicle weight of 10,000 pounds or more, but less
112than 15,000 pounds: $87 flat.
113     2.  Gross vehicle weight of 15,000 pounds or more, but less
114than 20,000 pounds: $131 flat.
115     3.  Gross vehicle weight of 20,000 pounds or more, but less
116than 26,000 pounds: $186 flat.
117     4.  Gross vehicle weight of 26,000 pounds or more, but less
118than 35,000 pounds: $240 flat.
119     5.  Gross vehicle weight of 35,000 pounds or more, but less
120than 44,000 pounds: $300 flat.
121     6.  Gross vehicle weight of 44,000 pounds or more, but less
122than 55,000 pounds: $572 flat.
123     7.  Gross vehicle weight of 55,000 pounds or more, but less
124than 62,000 pounds: $678 flat.
125     8.  Gross vehicle weight of 62,000 pounds or more, but less
126than 72,000 pounds: $800 flat.
127     9.  Gross vehicle weight of 72,000 pounds or more: $979
128flat.
129     Section 4.  Subsection (4) of section 328.17, Florida
130Statutes, is amended to read:
131     328.17  Nonjudicial sale of vessels.--
132     (4)  A marina, as defined in s. 327.02(20)(19), shall have
133a possessory lien upon any vessel for storage fees, dockage
134fees, repairs, improvements, or other work-related storage
135charges, and for expenses necessary for preservation of the
136vessel or expenses reasonably incurred in the sale or other
137disposition of the vessel. The possessory lien shall attach as
138of the date the vessel is brought to the marina, or as of the
139date the vessel first occupies rental space at the marina
140facility. However, in the event of default, the marina must give
141notice to persons who hold perfected security interests against
142the vessel under the Uniform Commercial Code in which the owner
143is named as the debtor.
144     Section 5.  Subsection (2) of section 342.07, Florida
145Statutes, is amended to read:
146     342.07  Recreational and commercial working waterfronts;
147legislative findings; definitions.--
148     (2)  As used in this section, the term "recreational and
149commercial working waterfront" means a parcel or parcels of real
150property that provide access for water-dependent commercial
151activities or provide access for the public to the navigable
152waters of the state. Recreational and commercial working
153waterfronts require direct access to or a location on, over, or
154adjacent to a navigable body of water. The term includes water-
155dependent facilities that are open to the public and offer
156public access by vessels to the waters of the state or that are
157support facilities for recreational, commercial, research, or
158governmental vessels. These facilities include docks, wharfs,
159lifts, wet and dry marinas, boat ramps, boat hauling and repair
160facilities, commercial fishing facilities, boat construction
161facilities, and other support structures over the water. As used
162in this section, the term "vessel" has the same meaning as in s.
163327.02(39)(37). Seaports are excluded from the definition.
164     Section 6.  Paragraph (a) of subsection (10) of section
165616.242, Florida Statutes, is amended to read:
166     616.242  Safety standards for amusement rides.--
167     (10)  EXEMPTIONS.--
168     (a)  This section does not apply to:
169     1.  Permanent facilities that employ at least 1,000 full-
170time employees and that maintain full-time, in-house safety
171inspectors. Furthermore, the permanent facilities must file an
172affidavit of the annual inspection with the department, on a
173form prescribed by rule of the department. Additionally, the
174Department of Agriculture and Consumer Services may consult
175annually with the permanent facilities regarding industry safety
176programs.
177     2.  Any playground operated by a school, local government,
178or business licensed under chapter 509, if the playground is an
179incidental amenity and the operating entity is not primarily
180engaged in providing amusement, pleasure, thrills, or
181excitement.
182     3.  Museums or other institutions principally devoted to
183the exhibition of products of agriculture, industry, education,
184science, religion, or the arts.
185     4.  Conventions or trade shows for the sale or exhibit of
186amusement rides if there are a minimum of 15 amusement rides on
187display or exhibition, and if any operation of such amusement
188rides is limited to the registered attendees of the convention
189or trade show.
190     5.  Skating rinks, arcades, lazer or paint ball war games,
191bowling alleys, miniature golf courses, mechanical bulls,
192inflatable rides, trampolines, ball crawls, exercise equipment,
193jet skis, paddle boats, airboats air boats, helicopters,
194airplanes, parasails, hot air or helium balloons whether
195tethered or untethered, theatres, batting cages, stationary
196spring-mounted fixtures, rider-propelled merry-go-rounds, games,
197side shows, live animal rides, or live animal shows.
198     6.  Go-karts operated in competitive sporting events if
199participation is not open to the public.
200     7.  Nonmotorized playground equipment that is not required
201to have a manager.
202     8.  Coin-actuated amusement rides designed to be operated
203by depositing coins, tokens, credit cards, debit cards, bills,
204or other cash money and which are not required to have a
205manager, and which have a capacity of six persons or less.
206     9.  Facilities described in s. 549.09(1)(a) when such
207facilities are operating cars, trucks, or motorcycles only.
208     10.  Battery-powered cars or other vehicles that are
209designed to be operated by children 7 years of age or under and
210that cannot exceed a speed of 4 miles per hour.
211     11.  Mechanically driven vehicles that pull train cars,
212carts, wagons, or other similar vehicles, that are not confined
213to a metal track or confined to an area but are steered by an
214operator and do not exceed a speed of 4 miles per hour.
215     Section 7.  Paragraph (b) of subsection (1) of section
216713.78, Florida Statutes, is amended to read:
217     713.78  Liens for recovering, towing, or storing vehicles
218and vessels.--
219     (1)  For the purposes of this section, the term:
220     (b)  "Vessel" means every description of watercraft, barge,
221and airboat air boat used or capable of being used as a means of
222transportation on water, other than a seaplane or a "documented
223vessel" as defined in s. 327.02(9)(8).
224     Section 8.  Paragraph (b) of subsection (1) of section
225715.07, Florida Statutes, is amended to read:
226     715.07  Vehicles or vessels parked on private property;
227towing.--
228     (1)  As used in this section, the term:
229     (b)  "Vessel" means every description of watercraft, barge,
230and airboat used or capable of being used as a means of
231transportation on water, other than a seaplane or a "documented
232vessel" as defined in s. 327.02(9)(8).
233     Section 9.  This act shall take effect October 1, 2006.


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