HB 0733CS

CHAMBER ACTION




1The Water & Natural Resources Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to airboats; amending s. 327.02, F.S.;
8defining the terms "airboat" and "muffler"; conforming
9terminology; creating s. 327.391, F.S.; providing for
10regulation of airboat operation and equipment; requiring
11described sound-muffling device; prohibiting the use of
12cutouts and flex pipe; requiring display of described
13flag; providing penalties; providing exceptions; amending
14s. 327.73, F.S.; providing for penalties, court costs, and
15procedures for disposition of citations for specified
16violations; amending s. 327.731, F.S.; requiring certain
17violators to complete a described boating safety course
18and to file proof of completion with the Fish and Wildlife
19Conservation Commission prior to operating a vessel;
20providing for an exemption from the course; amending ss.
21320.08, 328.17, 342.07, 616.242, 713.78, and 715.07, F.S.;
22revising cross-references and terminology to conform to
23changes made by the act; providing an effective date.
24
25Be It Enacted by the Legislature of the State of Florida:
26
27     Section 1.  Present subsection (37) of section 327.02,
28Florida Statutes, is amended, subsections (1) through (22) are
29renumbered as subsections (2) through (23), respectively,
30subsections (23) through (38) are renumbered as subsections (25)
31through (40), respectively, and new subsections (1) and (24) are
32added to that section, to read:
33     327.02  Definitions of terms used in this chapter and in
34chapter 328.--As used in this chapter and in chapter 328, unless
35the context clearly requires a different meaning, the term:
36     (1)  "Airboat" means a vessel, designed for use in shallow
37waters, powered by an internal combustion engine with an
38airplane-type propeller mounted above the stern used to push air
39across a set of rudders.
40     (24)  "Muffler" means an automotive-style sound-suppression
41device or system designed to effectively abate the sound of
42exhaust gases emitted from an internal combustion engine and
43prevent excessive sound when installed on such engine.
44     (39)(37)  "Vessel" is synonymous with boat as referenced in
45s. 1(b), Art. VII of the State Constitution and includes every
46description of watercraft, barge, and airboat air boat, other
47than a seaplane on the water, used or capable of being used as a
48means of transportation on water.
49     Section 2.  Section 327.391, Florida Statutes, is created
50to read:
51     327.391  Airboats regulated.--
52     (1)  The exhaust of every internal combustion engine used
53on any airboat operated on the waters of this state shall be
54provided with an automotive-style factory muffler, underwater
55exhaust, or other manufactured device capable of adequately
56muffling the sound of the exhaust of the engine as described in
57s. 327.02(24). The use of cutouts or flex pipe is prohibited,
58except as provided in subsection (4). Any person who violates
59this subsection commits a noncriminal infraction, punishable as
60provided in s. 327.73(1).
61     (2)  An airboat operator cited for an infraction of this
62section shall not operate the airboat until a muffler as defined
63in s. 327.02 is installed. A second or any subsequent violation
64of this section is a second degree misdemeanor, punishable as
65provided in s. 775.083.
66     (3)  An airboat may not operate on the waters of the state
67unless it is equipped with a mast or flagpole bearing a flag at
68a height of at least 10 feet above the deck. The flag must be
69square or rectangular, at least 10 inches by 12 inches in size,
70international orange in color, and displayed so that the
71visibility of the flag is not obscured in any direction. Any
72person who violates this subsection commits a noncriminal
73infraction, punishable as provided in s. 327.73(1).
74     (4)  This section does not apply to a performer engaged in
75a professional exhibition or a person preparing to participate
76or participating in a regatta, race, marine parade, tournament,
77or exhibition held in compliance with s. 327.48.
78     Section 3.  Paragraphs (v) and (w) are added to subsection
79(1) of section 327.73, Florida Statutes, to read:
80     327.73  Noncriminal infractions.--
81     (1)  Violations of the following provisions of the vessel
82laws of this state are noncriminal infractions:
83     (v)  Section 327.391(1), relating to requirement for an
84adequate muffler on an airboat.
85     (w)  Section 327.391(3), relating to display of a flag on
86an airboat.
87
88Any person cited for a violation of any such provision shall be
89deemed to be charged with a noncriminal infraction, shall be
90cited for such an infraction, and shall be cited to appear
91before the county court. The civil penalty for any such
92infraction is $50, except as otherwise provided in this section.
93Any person who fails to appear or otherwise properly respond to
94a uniform boating citation shall, in addition to the charge
95relating to the violation of the boating laws of this state, be
96charged with the offense of failing to respond to such citation
97and, upon conviction, be guilty of a misdemeanor of the second
98degree, punishable as provided in s. 775.082 or s. 775.083. A
99written warning to this effect shall be provided at the time
100such uniform boating citation is issued.
101     Section 4.  Subsection (1) of section 327.731, Florida
102Statutes, is amended to read:
103     327.731  Mandatory education for violators.--
104     (1)  Every person convicted of a criminal violation of this
105chapter, every person convicted of a noncriminal infraction
106under this chapter if the infraction resulted in a reportable
107boating accident, and every person convicted of two noncriminal
108infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
109and (s)-(w) (s)-(u), said infractions occurring within a 12-
110month period, must:
111     (a)  Enroll in, attend, and successfully complete, at his
112or her own expense, a boating safety course that meets minimum
113standards established by the commission by rule; however, the
114commission may provide by rule pursuant to chapter 120 for
115waivers of the attendance requirement for violators residing in
116areas where classroom presentation of the course is not
117available;
118     (b)  File with the commission within 90 days proof of
119successful completion of the course;
120     (c)  Refrain from operating a vessel until he or she has
121filed the proof of successful completion of the course with the
122commission.
123
124Any person who has successfully completed an approved boating
125course shall be exempt from these provisions upon showing proof
126to the commission as specified in paragraph (b).
127     Section 5.  Paragraphs (d) and (e) of subsection (5) of
128section 320.08, Florida Statutes, are amended to read:
129     320.08  License taxes.--Except as otherwise provided
130herein, there are hereby levied and imposed annual license taxes
131for the operation of motor vehicles, mopeds, motorized bicycles
132as defined in s. 316.003(2), and mobile homes, as defined in s.
133320.01, which shall be paid to and collected by the department
134or its agent upon the registration or renewal of registration of
135the following:
136     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
137SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
138     (d)  A wrecker, as defined in s. 320.01(40), which is used
139to tow a vessel as defined in s. 327.02(39)(36), a disabled,
140abandoned, stolen-recovered, or impounded motor vehicle as
141defined in s. 320.01(38), or a replacement motor vehicle as
142defined in s. 320.01(39): $30 flat.
143     (e)  A wrecker, as defined in s. 320.01(40), which is used
144to tow any motor vehicle, regardless of whether or not such
145motor vehicle is a disabled motor vehicle as defined in s.
146320.01(38), a replacement motor vehicle as defined in s.
147320.01(39), a vessel as defined in s. 327.02(39)(36), or any
148other cargo, as follows:
149     1.  Gross vehicle weight of 10,000 pounds or more, but less
150than 15,000 pounds: $87 flat.
151     2.  Gross vehicle weight of 15,000 pounds or more, but less
152than 20,000 pounds: $131 flat.
153     3.  Gross vehicle weight of 20,000 pounds or more, but less
154than 26,000 pounds: $186 flat.
155     4.  Gross vehicle weight of 26,000 pounds or more, but less
156than 35,000 pounds: $240 flat.
157     5.  Gross vehicle weight of 35,000 pounds or more, but less
158than 44,000 pounds: $300 flat.
159     6.  Gross vehicle weight of 44,000 pounds or more, but less
160than 55,000 pounds: $572 flat.
161     7.  Gross vehicle weight of 55,000 pounds or more, but less
162than 62,000 pounds: $678 flat.
163     8.  Gross vehicle weight of 62,000 pounds or more, but less
164than 72,000 pounds: $800 flat.
165     9.  Gross vehicle weight of 72,000 pounds or more: $979
166flat.
167     Section 6.  Subsection (4) of section 328.17, Florida
168Statutes, is amended to read:
169     328.17  Nonjudicial sale of vessels.--
170     (4)  A marina, as defined in s. 327.02(20)(19), shall have
171a possessory lien upon any vessel for storage fees, dockage
172fees, repairs, improvements, or other work-related storage
173charges, and for expenses necessary for preservation of the
174vessel or expenses reasonably incurred in the sale or other
175disposition of the vessel. The possessory lien shall attach as
176of the date the vessel is brought to the marina, or as of the
177date the vessel first occupies rental space at the marina
178facility. However, in the event of default, the marina must give
179notice to persons who hold perfected security interests against
180the vessel under the Uniform Commercial Code in which the owner
181is named as the debtor.
182     Section 7.  Subsection (2) of section 342.07, Florida
183Statutes, is amended to read:
184     342.07  Recreational and commercial working waterfronts;
185legislative findings; definitions.--
186     (2)  As used in this section, the term "recreational and
187commercial working waterfront" means a parcel or parcels of real
188property that provide access for water-dependent commercial
189activities or provide access for the public to the navigable
190waters of the state. Recreational and commercial working
191waterfronts require direct access to or a location on, over, or
192adjacent to a navigable body of water. The term includes water-
193dependent facilities that are open to the public and offer
194public access by vessels to the waters of the state or that are
195support facilities for recreational, commercial, research, or
196governmental vessels. These facilities include docks, wharfs,
197lifts, wet and dry marinas, boat ramps, boat hauling and repair
198facilities, commercial fishing facilities, boat construction
199facilities, and other support structures over the water. As used
200in this section, the term "vessel" has the same meaning as in s.
201327.02(39)(37). Seaports are excluded from the definition.
202     Section 8.  Paragraph (a) of subsection (10) of section
203616.242, Florida Statutes, is amended to read:
204     616.242  Safety standards for amusement rides.--
205     (10)  EXEMPTIONS.--
206     (a)  This section does not apply to:
207     1.  Permanent facilities that employ at least 1,000 full-
208time employees and that maintain full-time, in-house safety
209inspectors. Furthermore, the permanent facilities must file an
210affidavit of the annual inspection with the department, on a
211form prescribed by rule of the department. Additionally, the
212Department of Agriculture and Consumer Services may consult
213annually with the permanent facilities regarding industry safety
214programs.
215     2.  Any playground operated by a school, local government,
216or business licensed under chapter 509, if the playground is an
217incidental amenity and the operating entity is not primarily
218engaged in providing amusement, pleasure, thrills, or
219excitement.
220     3.  Museums or other institutions principally devoted to
221the exhibition of products of agriculture, industry, education,
222science, religion, or the arts.
223     4.  Conventions or trade shows for the sale or exhibit of
224amusement rides if there are a minimum of 15 amusement rides on
225display or exhibition, and if any operation of such amusement
226rides is limited to the registered attendees of the convention
227or trade show.
228     5.  Skating rinks, arcades, lazer or paint ball war games,
229bowling alleys, miniature golf courses, mechanical bulls,
230inflatable rides, trampolines, ball crawls, exercise equipment,
231jet skis, paddle boats, airboats air boats, helicopters,
232airplanes, parasails, hot air or helium balloons whether
233tethered or untethered, theatres, batting cages, stationary
234spring-mounted fixtures, rider-propelled merry-go-rounds, games,
235side shows, live animal rides, or live animal shows.
236     6.  Go-karts operated in competitive sporting events if
237participation is not open to the public.
238     7.  Nonmotorized playground equipment that is not required
239to have a manager.
240     8.  Coin-actuated amusement rides designed to be operated
241by depositing coins, tokens, credit cards, debit cards, bills,
242or other cash money and which are not required to have a
243manager, and which have a capacity of six persons or less.
244     9.  Facilities described in s. 549.09(1)(a) when such
245facilities are operating cars, trucks, or motorcycles only.
246     10.  Battery-powered cars or other vehicles that are
247designed to be operated by children 7 years of age or under and
248that cannot exceed a speed of 4 miles per hour.
249     11.  Mechanically driven vehicles that pull train cars,
250carts, wagons, or other similar vehicles, that are not confined
251to a metal track or confined to an area but are steered by an
252operator and do not exceed a speed of 4 miles per hour.
253     Section 9.  Paragraph (b) of subsection (1) of section
254713.78, Florida Statutes, is amended to read:
255     713.78  Liens for recovering, towing, or storing vehicles
256and vessels.--
257     (1)  For the purposes of this section, the term:
258     (b)  "Vessel" means every description of watercraft, barge,
259and airboat air boat used or capable of being used as a means of
260transportation on water, other than a seaplane or a "documented
261vessel" as defined in s. 327.02(9)(8).
262     Section 10.  Paragraph (b) of subsection (1) of section
263715.07, Florida Statutes, is amended to read:
264     715.07  Vehicles or vessels parked on private property;
265towing.--
266     (1)  As used in this section, the term:
267     (b)  "Vessel" means every description of watercraft, barge,
268and airboat used or capable of being used as a means of
269transportation on water, other than a seaplane or a "documented
270vessel" as defined in s. 327.02(9)(8).
271     Section 11.  This act shall take effect October 1, 2006.


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