1 | The Water & Natural Resources Committee recommends the |
2 | following: |
3 |
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4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to airboats; amending s. 327.02, F.S.; |
8 | defining the terms "airboat" and "muffler"; conforming |
9 | terminology; creating s. 327.391, F.S.; providing for |
10 | regulation of airboat operation and equipment; requiring |
11 | described sound-muffling device; prohibiting the use of |
12 | cutouts and flex pipe; requiring display of described |
13 | flag; providing penalties; providing exceptions; amending |
14 | s. 327.73, F.S.; providing for penalties, court costs, and |
15 | procedures for disposition of citations for specified |
16 | violations; amending s. 327.731, F.S.; requiring certain |
17 | violators to complete a described boating safety course |
18 | and to file proof of completion with the Fish and Wildlife |
19 | Conservation Commission prior to operating a vessel; |
20 | providing for an exemption from the course; amending ss. |
21 | 320.08, 328.17, 342.07, 616.242, 713.78, and 715.07, F.S.; |
22 | revising cross-references and terminology to conform to |
23 | changes made by the act; providing an effective date. |
24 |
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25 | Be It Enacted by the Legislature of the State of Florida: |
26 |
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27 | Section 1. Present subsection (37) of section 327.02, |
28 | Florida Statutes, is amended, subsections (1) through (22) are |
29 | renumbered as subsections (2) through (23), respectively, |
30 | subsections (23) through (38) are renumbered as subsections (25) |
31 | through (40), respectively, and new subsections (1) and (24) are |
32 | added to that section, to read: |
33 | 327.02 Definitions of terms used in this chapter and in |
34 | chapter 328.--As used in this chapter and in chapter 328, unless |
35 | the context clearly requires a different meaning, the term: |
36 | (1) "Airboat" means a vessel, designed for use in shallow |
37 | waters, powered by an internal combustion engine with an |
38 | airplane-type propeller mounted above the stern used to push air |
39 | across a set of rudders. |
40 | (24) "Muffler" means an automotive-style sound-suppression |
41 | device or system designed to effectively abate the sound of |
42 | exhaust gases emitted from an internal combustion engine and |
43 | prevent excessive sound when installed on such engine. |
44 | (39)(37) "Vessel" is synonymous with boat as referenced in |
45 | s. 1(b), Art. VII of the State Constitution and includes every |
46 | description of watercraft, barge, and airboat air boat, other |
47 | than a seaplane on the water, used or capable of being used as a |
48 | means of transportation on water. |
49 | Section 2. Section 327.391, Florida Statutes, is created |
50 | to read: |
51 | 327.391 Airboats regulated.-- |
52 | (1) The exhaust of every internal combustion engine used |
53 | on any airboat operated on the waters of this state shall be |
54 | provided with an automotive-style factory muffler, underwater |
55 | exhaust, or other manufactured device capable of adequately |
56 | muffling the sound of the exhaust of the engine as described in |
57 | s. 327.02(24). The use of cutouts or flex pipe is prohibited, |
58 | except as provided in subsection (4). Any person who violates |
59 | this subsection commits a noncriminal infraction, punishable as |
60 | provided in s. 327.73(1). |
61 | (2) An airboat operator cited for an infraction of this |
62 | section shall not operate the airboat until a muffler as defined |
63 | in s. 327.02 is installed. A second or any subsequent violation |
64 | of this section is a second degree misdemeanor, punishable as |
65 | provided in s. 775.083. |
66 | (3) An airboat may not operate on the waters of the state |
67 | unless it is equipped with a mast or flagpole bearing a flag at |
68 | a height of at least 10 feet above the deck. The flag must be |
69 | square or rectangular, at least 10 inches by 12 inches in size, |
70 | international orange in color, and displayed so that the |
71 | visibility of the flag is not obscured in any direction. Any |
72 | person who violates this subsection commits a noncriminal |
73 | infraction, punishable as provided in s. 327.73(1). |
74 | (4) This section does not apply to a performer engaged in |
75 | a professional exhibition or a person preparing to participate |
76 | or participating in a regatta, race, marine parade, tournament, |
77 | or 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 |
82 | laws of this state are noncriminal infractions: |
83 | (v) Section 327.391(1), relating to requirement for an |
84 | adequate muffler on an airboat. |
85 | (w) Section 327.391(3), relating to display of a flag on |
86 | an airboat. |
87 |
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88 | Any person cited for a violation of any such provision shall be |
89 | deemed to be charged with a noncriminal infraction, shall be |
90 | cited for such an infraction, and shall be cited to appear |
91 | before the county court. The civil penalty for any such |
92 | infraction is $50, except as otherwise provided in this section. |
93 | Any person who fails to appear or otherwise properly respond to |
94 | a uniform boating citation shall, in addition to the charge |
95 | relating to the violation of the boating laws of this state, be |
96 | charged with the offense of failing to respond to such citation |
97 | and, upon conviction, be guilty of a misdemeanor of the second |
98 | degree, punishable as provided in s. 775.082 or s. 775.083. A |
99 | written warning to this effect shall be provided at the time |
100 | such uniform boating citation is issued. |
101 | Section 4. Subsection (1) of section 327.731, Florida |
102 | Statutes, is amended to read: |
103 | 327.731 Mandatory education for violators.-- |
104 | (1) Every person convicted of a criminal violation of this |
105 | chapter, every person convicted of a noncriminal infraction |
106 | under this chapter if the infraction resulted in a reportable |
107 | boating accident, and every person convicted of two noncriminal |
108 | infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p), |
109 | and (s)-(w) (s)-(u), said infractions occurring within a 12- |
110 | month period, must: |
111 | (a) Enroll in, attend, and successfully complete, at his |
112 | or her own expense, a boating safety course that meets minimum |
113 | standards established by the commission by rule; however, the |
114 | commission may provide by rule pursuant to chapter 120 for |
115 | waivers of the attendance requirement for violators residing in |
116 | areas where classroom presentation of the course is not |
117 | available; |
118 | (b) File with the commission within 90 days proof of |
119 | successful completion of the course; |
120 | (c) Refrain from operating a vessel until he or she has |
121 | filed the proof of successful completion of the course with the |
122 | commission. |
123 |
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124 | Any person who has successfully completed an approved boating |
125 | course shall be exempt from these provisions upon showing proof |
126 | to the commission as specified in paragraph (b). |
127 | Section 5. Paragraphs (d) and (e) of subsection (5) of |
128 | section 320.08, Florida Statutes, are amended to read: |
129 | 320.08 License taxes.--Except as otherwise provided |
130 | herein, there are hereby levied and imposed annual license taxes |
131 | for the operation of motor vehicles, mopeds, motorized bicycles |
132 | as defined in s. 316.003(2), and mobile homes, as defined in s. |
133 | 320.01, which shall be paid to and collected by the department |
134 | or its agent upon the registration or renewal of registration of |
135 | the following: |
136 | (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; |
137 | SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-- |
138 | (d) A wrecker, as defined in s. 320.01(40), which is used |
139 | to tow a vessel as defined in s. 327.02(39)(36), a disabled, |
140 | abandoned, stolen-recovered, or impounded motor vehicle as |
141 | defined in s. 320.01(38), or a replacement motor vehicle as |
142 | defined in s. 320.01(39): $30 flat. |
143 | (e) A wrecker, as defined in s. 320.01(40), which is used |
144 | to tow any motor vehicle, regardless of whether or not such |
145 | motor vehicle is a disabled motor vehicle as defined in s. |
146 | 320.01(38), a replacement motor vehicle as defined in s. |
147 | 320.01(39), a vessel as defined in s. 327.02(39)(36), or any |
148 | other cargo, as follows: |
149 | 1. Gross vehicle weight of 10,000 pounds or more, but less |
150 | than 15,000 pounds: $87 flat. |
151 | 2. Gross vehicle weight of 15,000 pounds or more, but less |
152 | than 20,000 pounds: $131 flat. |
153 | 3. Gross vehicle weight of 20,000 pounds or more, but less |
154 | than 26,000 pounds: $186 flat. |
155 | 4. Gross vehicle weight of 26,000 pounds or more, but less |
156 | than 35,000 pounds: $240 flat. |
157 | 5. Gross vehicle weight of 35,000 pounds or more, but less |
158 | than 44,000 pounds: $300 flat. |
159 | 6. Gross vehicle weight of 44,000 pounds or more, but less |
160 | than 55,000 pounds: $572 flat. |
161 | 7. Gross vehicle weight of 55,000 pounds or more, but less |
162 | than 62,000 pounds: $678 flat. |
163 | 8. Gross vehicle weight of 62,000 pounds or more, but less |
164 | than 72,000 pounds: $800 flat. |
165 | 9. Gross vehicle weight of 72,000 pounds or more: $979 |
166 | flat. |
167 | Section 6. Subsection (4) of section 328.17, Florida |
168 | Statutes, 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 |
171 | a possessory lien upon any vessel for storage fees, dockage |
172 | fees, repairs, improvements, or other work-related storage |
173 | charges, and for expenses necessary for preservation of the |
174 | vessel or expenses reasonably incurred in the sale or other |
175 | disposition of the vessel. The possessory lien shall attach as |
176 | of the date the vessel is brought to the marina, or as of the |
177 | date the vessel first occupies rental space at the marina |
178 | facility. However, in the event of default, the marina must give |
179 | notice to persons who hold perfected security interests against |
180 | the vessel under the Uniform Commercial Code in which the owner |
181 | is named as the debtor. |
182 | Section 7. Subsection (2) of section 342.07, Florida |
183 | Statutes, is amended to read: |
184 | 342.07 Recreational and commercial working waterfronts; |
185 | legislative findings; definitions.-- |
186 | (2) As used in this section, the term "recreational and |
187 | commercial working waterfront" means a parcel or parcels of real |
188 | property that provide access for water-dependent commercial |
189 | activities or provide access for the public to the navigable |
190 | waters of the state. Recreational and commercial working |
191 | waterfronts require direct access to or a location on, over, or |
192 | adjacent to a navigable body of water. The term includes water- |
193 | dependent facilities that are open to the public and offer |
194 | public access by vessels to the waters of the state or that are |
195 | support facilities for recreational, commercial, research, or |
196 | governmental vessels. These facilities include docks, wharfs, |
197 | lifts, wet and dry marinas, boat ramps, boat hauling and repair |
198 | facilities, commercial fishing facilities, boat construction |
199 | facilities, and other support structures over the water. As used |
200 | in this section, the term "vessel" has the same meaning as in s. |
201 | 327.02(39)(37). Seaports are excluded from the definition. |
202 | Section 8. Paragraph (a) of subsection (10) of section |
203 | 616.242, 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- |
208 | time employees and that maintain full-time, in-house safety |
209 | inspectors. Furthermore, the permanent facilities must file an |
210 | affidavit of the annual inspection with the department, on a |
211 | form prescribed by rule of the department. Additionally, the |
212 | Department of Agriculture and Consumer Services may consult |
213 | annually with the permanent facilities regarding industry safety |
214 | programs. |
215 | 2. Any playground operated by a school, local government, |
216 | or business licensed under chapter 509, if the playground is an |
217 | incidental amenity and the operating entity is not primarily |
218 | engaged in providing amusement, pleasure, thrills, or |
219 | excitement. |
220 | 3. Museums or other institutions principally devoted to |
221 | the exhibition of products of agriculture, industry, education, |
222 | science, religion, or the arts. |
223 | 4. Conventions or trade shows for the sale or exhibit of |
224 | amusement rides if there are a minimum of 15 amusement rides on |
225 | display or exhibition, and if any operation of such amusement |
226 | rides is limited to the registered attendees of the convention |
227 | or trade show. |
228 | 5. Skating rinks, arcades, lazer or paint ball war games, |
229 | bowling alleys, miniature golf courses, mechanical bulls, |
230 | inflatable rides, trampolines, ball crawls, exercise equipment, |
231 | jet skis, paddle boats, airboats air boats, helicopters, |
232 | airplanes, parasails, hot air or helium balloons whether |
233 | tethered or untethered, theatres, batting cages, stationary |
234 | spring-mounted fixtures, rider-propelled merry-go-rounds, games, |
235 | side shows, live animal rides, or live animal shows. |
236 | 6. Go-karts operated in competitive sporting events if |
237 | participation is not open to the public. |
238 | 7. Nonmotorized playground equipment that is not required |
239 | to have a manager. |
240 | 8. Coin-actuated amusement rides designed to be operated |
241 | by depositing coins, tokens, credit cards, debit cards, bills, |
242 | or other cash money and which are not required to have a |
243 | manager, and which have a capacity of six persons or less. |
244 | 9. Facilities described in s. 549.09(1)(a) when such |
245 | facilities are operating cars, trucks, or motorcycles only. |
246 | 10. Battery-powered cars or other vehicles that are |
247 | designed to be operated by children 7 years of age or under and |
248 | that cannot exceed a speed of 4 miles per hour. |
249 | 11. Mechanically driven vehicles that pull train cars, |
250 | carts, wagons, or other similar vehicles, that are not confined |
251 | to a metal track or confined to an area but are steered by an |
252 | operator and do not exceed a speed of 4 miles per hour. |
253 | Section 9. Paragraph (b) of subsection (1) of section |
254 | 713.78, Florida Statutes, is amended to read: |
255 | 713.78 Liens for recovering, towing, or storing vehicles |
256 | and vessels.-- |
257 | (1) For the purposes of this section, the term: |
258 | (b) "Vessel" means every description of watercraft, barge, |
259 | and airboat air boat used or capable of being used as a means of |
260 | transportation on water, other than a seaplane or a "documented |
261 | vessel" as defined in s. 327.02(9)(8). |
262 | Section 10. Paragraph (b) of subsection (1) of section |
263 | 715.07, Florida Statutes, is amended to read: |
264 | 715.07 Vehicles or vessels parked on private property; |
265 | towing.-- |
266 | (1) As used in this section, the term: |
267 | (b) "Vessel" means every description of watercraft, barge, |
268 | and airboat used or capable of being used as a means of |
269 | transportation on water, other than a seaplane or a "documented |
270 | vessel" as defined in s. 327.02(9)(8). |
271 | Section 11. This act shall take effect October 1, 2006. |