1 | The Agriculture & Environment Appropriations Committee |
2 | recommends the 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 or flex pipe as the sole source of muffling; |
13 | requiring display of described flag; providing penalties; |
14 | providing exceptions; amending s. 327.73, F.S.; providing |
15 | for penalties, court costs, and procedures for disposition |
16 | of citations for specified violations; amending s. |
17 | 327.731, F.S.; requiring certain violators to complete a |
18 | described boating safety course and to file proof of |
19 | completion with the Fish and Wildlife Conservation |
20 | Commission prior to operating a vessel; providing for an |
21 | exemption from the course; amending ss. 320.08, 328.17, |
22 | 342.07, 616.242, 713.78, and 715.07, F.S.; revising cross- |
23 | references and terminology to conform to changes made by |
24 | the act; providing an effective date. |
25 |
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26 | Be It Enacted by the Legislature of the State of Florida: |
27 |
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28 | Section 1. Present subsection (37) of section 327.02, |
29 | Florida Statutes, is amended, subsections (1) through (22) are |
30 | renumbered as subsections (2) through (23), respectively, |
31 | subsections (23) through (38) are renumbered as subsections (25) |
32 | through (40), respectively, and new subsections (1) and (24) are |
33 | added to that section, to read: |
34 | 327.02 Definitions of terms used in this chapter and in |
35 | chapter 328.--As used in this chapter and in chapter 328, unless |
36 | the context clearly requires a different meaning, the term: |
37 | (1) "Airboat" means a vessel, designed for use in shallow |
38 | waters, powered by an internal combustion engine with an |
39 | airplane-type propeller mounted above the stern used to push air |
40 | across a set of rudders. |
41 | (24) "Muffler" means an automotive-style sound-suppression |
42 | device or system designed to effectively abate the sound of |
43 | exhaust gases emitted from an internal combustion engine and |
44 | prevent excessive sound when installed on such engine. |
45 | (39)(37) "Vessel" is synonymous with boat as referenced in |
46 | s. 1(b), Art. VII of the State Constitution and includes every |
47 | description of watercraft, barge, and airboat air boat, other |
48 | than a seaplane on the water, used or capable of being used as a |
49 | means of transportation on water. |
50 | Section 2. Section 327.391, Florida Statutes, is created |
51 | to read: |
52 | 327.391 Airboats regulated.-- |
53 | (1) The exhaust of every internal combustion engine used |
54 | on any airboat operated on the waters of this state shall be |
55 | provided with an automotive-style factory muffler, underwater |
56 | exhaust, or other manufactured device capable of adequately |
57 | muffling the sound of the exhaust of the engine as described in |
58 | s. 327.02(24). The use of cutouts or flex pipe as the sole |
59 | source of muffling is prohibited, except as provided in |
60 | subsection (4). Any person who violates this subsection commits |
61 | a noncriminal infraction, punishable as provided in s. |
62 | 327.73(1). |
63 | (2) An airboat operator cited for an infraction of |
64 | subsection (1) shall not operate the airboat until a muffler as |
65 | defined in s. 327.02 is installed. A second violation of |
66 | subsection (1) shall be punishable by a fine of $250, a third |
67 | violation shall be punishable by a fine of $500, and any |
68 | subsequent violation shall be punishable by a fine of $500. |
69 | (3) An airboat may not operate on the waters of the state |
70 | unless it is equipped with a mast or flagpole bearing a flag at |
71 | a height of at least 10 feet above the lowest portion of the |
72 | vessel. The flag must be square or rectangular, at least 10 |
73 | inches by 12 inches in size, international orange in color, and |
74 | displayed so that the visibility of the flag is not obscured in |
75 | any direction. Any person who violates this subsection commits a |
76 | noncriminal infraction, punishable as provided in s. 327.73(1). |
77 | (4) This section does not apply to a performer engaged in |
78 | a professional exhibition or a person preparing to participate |
79 | or participating in a regatta, race, marine parade, tournament, |
80 | or exhibition held in compliance with s. 327.48. |
81 | Section 3. Paragraphs (v) and (w) are added to subsection |
82 | (1) of section 327.73, Florida Statutes, to read: |
83 | 327.73 Noncriminal infractions.-- |
84 | (1) Violations of the following provisions of the vessel |
85 | laws of this state are noncriminal infractions: |
86 | (v) Section 327.391(1), relating to requirement for an |
87 | adequate muffler on an airboat. |
88 | (w) Section 327.391(3), relating to display of a flag on |
89 | an airboat. |
90 |
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91 | Any person cited for a violation of any such provision shall be |
92 | deemed to be charged with a noncriminal infraction, shall be |
93 | cited for such an infraction, and shall be cited to appear |
94 | before the county court. The civil penalty for any such |
95 | infraction is $50, except as otherwise provided in this section. |
96 | Any person who fails to appear or otherwise properly respond to |
97 | a uniform boating citation shall, in addition to the charge |
98 | relating to the violation of the boating laws of this state, be |
99 | charged with the offense of failing to respond to such citation |
100 | and, upon conviction, be guilty of a misdemeanor of the second |
101 | degree, punishable as provided in s. 775.082 or s. 775.083. A |
102 | written warning to this effect shall be provided at the time |
103 | such uniform boating citation is issued. |
104 | Section 4. Subsection (1) of section 327.731, Florida |
105 | Statutes, is amended to read: |
106 | 327.731 Mandatory education for violators.-- |
107 | (1) Every person convicted of a criminal violation of this |
108 | chapter, every person convicted of a noncriminal infraction |
109 | under this chapter if the infraction resulted in a reportable |
110 | boating accident, and every person convicted of two noncriminal |
111 | infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p), |
112 | and (s)-(w) (s)-(u), said infractions occurring within a 12- |
113 | month period, must: |
114 | (a) Enroll in, attend, and successfully complete, at his |
115 | or her own expense, a boating safety course that meets minimum |
116 | standards established by the commission by rule; however, the |
117 | commission may provide by rule pursuant to chapter 120 for |
118 | waivers of the attendance requirement for violators residing in |
119 | areas where classroom presentation of the course is not |
120 | available; |
121 | (b) File with the commission within 90 days proof of |
122 | successful completion of the course; |
123 | (c) Refrain from operating a vessel until he or she has |
124 | filed the proof of successful completion of the course with the |
125 | commission. |
126 |
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127 | Any person who has successfully completed an approved boating |
128 | course shall be exempt from these provisions upon showing proof |
129 | to the commission as specified in paragraph (b). |
130 | Section 5. Paragraphs (d) and (e) of subsection (5) of |
131 | section 320.08, Florida Statutes, are amended to read: |
132 | 320.08 License taxes.--Except as otherwise provided |
133 | herein, there are hereby levied and imposed annual license taxes |
134 | for the operation of motor vehicles, mopeds, motorized bicycles |
135 | as defined in s. 316.003(2), and mobile homes, as defined in s. |
136 | 320.01, which shall be paid to and collected by the department |
137 | or its agent upon the registration or renewal of registration of |
138 | the following: |
139 | (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; |
140 | SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-- |
141 | (d) A wrecker, as defined in s. 320.01(40), which is used |
142 | to tow a vessel as defined in s. 327.02(39)(36), a disabled, |
143 | abandoned, stolen-recovered, or impounded motor vehicle as |
144 | defined in s. 320.01(38), or a replacement motor vehicle as |
145 | defined in s. 320.01(39): $30 flat. |
146 | (e) A wrecker, as defined in s. 320.01(40), which is used |
147 | to tow any motor vehicle, regardless of whether or not such |
148 | motor vehicle is a disabled motor vehicle as defined in s. |
149 | 320.01(38), a replacement motor vehicle as defined in s. |
150 | 320.01(39), a vessel as defined in s. 327.02(39)(36), or any |
151 | other cargo, as follows: |
152 | 1. Gross vehicle weight of 10,000 pounds or more, but less |
153 | than 15,000 pounds: $87 flat. |
154 | 2. Gross vehicle weight of 15,000 pounds or more, but less |
155 | than 20,000 pounds: $131 flat. |
156 | 3. Gross vehicle weight of 20,000 pounds or more, but less |
157 | than 26,000 pounds: $186 flat. |
158 | 4. Gross vehicle weight of 26,000 pounds or more, but less |
159 | than 35,000 pounds: $240 flat. |
160 | 5. Gross vehicle weight of 35,000 pounds or more, but less |
161 | than 44,000 pounds: $300 flat. |
162 | 6. Gross vehicle weight of 44,000 pounds or more, but less |
163 | than 55,000 pounds: $572 flat. |
164 | 7. Gross vehicle weight of 55,000 pounds or more, but less |
165 | than 62,000 pounds: $678 flat. |
166 | 8. Gross vehicle weight of 62,000 pounds or more, but less |
167 | than 72,000 pounds: $800 flat. |
168 | 9. Gross vehicle weight of 72,000 pounds or more: $979 |
169 | flat. |
170 | Section 6. Subsection (4) of section 328.17, Florida |
171 | Statutes, is amended to read: |
172 | 328.17 Nonjudicial sale of vessels.-- |
173 | (4) A marina, as defined in s. 327.02(20)(19), shall have |
174 | a possessory lien upon any vessel for storage fees, dockage |
175 | fees, repairs, improvements, or other work-related storage |
176 | charges, and for expenses necessary for preservation of the |
177 | vessel or expenses reasonably incurred in the sale or other |
178 | disposition of the vessel. The possessory lien shall attach as |
179 | of the date the vessel is brought to the marina, or as of the |
180 | date the vessel first occupies rental space at the marina |
181 | facility. However, in the event of default, the marina must give |
182 | notice to persons who hold perfected security interests against |
183 | the vessel under the Uniform Commercial Code in which the owner |
184 | is named as the debtor. |
185 | Section 7. Subsection (2) of section 342.07, Florida |
186 | Statutes, is amended to read: |
187 | 342.07 Recreational and commercial working waterfronts; |
188 | legislative findings; definitions.-- |
189 | (2) As used in this section, the term "recreational and |
190 | commercial working waterfront" means a parcel or parcels of real |
191 | property that provide access for water-dependent commercial |
192 | activities or provide access for the public to the navigable |
193 | waters of the state. Recreational and commercial working |
194 | waterfronts require direct access to or a location on, over, or |
195 | adjacent to a navigable body of water. The term includes water- |
196 | dependent facilities that are open to the public and offer |
197 | public access by vessels to the waters of the state or that are |
198 | support facilities for recreational, commercial, research, or |
199 | governmental vessels. These facilities include docks, wharfs, |
200 | lifts, wet and dry marinas, boat ramps, boat hauling and repair |
201 | facilities, commercial fishing facilities, boat construction |
202 | facilities, and other support structures over the water. As used |
203 | in this section, the term "vessel" has the same meaning as in s. |
204 | 327.02(39)(37). Seaports are excluded from the definition. |
205 | Section 8. Paragraph (a) of subsection (10) of section |
206 | 616.242, Florida Statutes, is amended to read: |
207 | 616.242 Safety standards for amusement rides.-- |
208 | (10) EXEMPTIONS.-- |
209 | (a) This section does not apply to: |
210 | 1. Permanent facilities that employ at least 1,000 full- |
211 | time employees and that maintain full-time, in-house safety |
212 | inspectors. Furthermore, the permanent facilities must file an |
213 | affidavit of the annual inspection with the department, on a |
214 | form prescribed by rule of the department. Additionally, the |
215 | Department of Agriculture and Consumer Services may consult |
216 | annually with the permanent facilities regarding industry safety |
217 | programs. |
218 | 2. Any playground operated by a school, local government, |
219 | or business licensed under chapter 509, if the playground is an |
220 | incidental amenity and the operating entity is not primarily |
221 | engaged in providing amusement, pleasure, thrills, or |
222 | excitement. |
223 | 3. Museums or other institutions principally devoted to |
224 | the exhibition of products of agriculture, industry, education, |
225 | science, religion, or the arts. |
226 | 4. Conventions or trade shows for the sale or exhibit of |
227 | amusement rides if there are a minimum of 15 amusement rides on |
228 | display or exhibition, and if any operation of such amusement |
229 | rides is limited to the registered attendees of the convention |
230 | or trade show. |
231 | 5. Skating rinks, arcades, lazer or paint ball war games, |
232 | bowling alleys, miniature golf courses, mechanical bulls, |
233 | inflatable rides, trampolines, ball crawls, exercise equipment, |
234 | jet skis, paddle boats, airboats air boats, helicopters, |
235 | airplanes, parasails, hot air or helium balloons whether |
236 | tethered or untethered, theatres, batting cages, stationary |
237 | spring-mounted fixtures, rider-propelled merry-go-rounds, games, |
238 | side shows, live animal rides, or live animal shows. |
239 | 6. Go-karts operated in competitive sporting events if |
240 | participation is not open to the public. |
241 | 7. Nonmotorized playground equipment that is not required |
242 | to have a manager. |
243 | 8. Coin-actuated amusement rides designed to be operated |
244 | by depositing coins, tokens, credit cards, debit cards, bills, |
245 | or other cash money and which are not required to have a |
246 | manager, and which have a capacity of six persons or less. |
247 | 9. Facilities described in s. 549.09(1)(a) when such |
248 | facilities are operating cars, trucks, or motorcycles only. |
249 | 10. Battery-powered cars or other vehicles that are |
250 | designed to be operated by children 7 years of age or under and |
251 | that cannot exceed a speed of 4 miles per hour. |
252 | 11. Mechanically driven vehicles that pull train cars, |
253 | carts, wagons, or other similar vehicles, that are not confined |
254 | to a metal track or confined to an area but are steered by an |
255 | operator and do not exceed a speed of 4 miles per hour. |
256 | Section 9. Paragraph (b) of subsection (1) of section |
257 | 713.78, Florida Statutes, is amended to read: |
258 | 713.78 Liens for recovering, towing, or storing vehicles |
259 | and vessels.-- |
260 | (1) For the purposes of this section, the term: |
261 | (b) "Vessel" means every description of watercraft, barge, |
262 | and airboat air boat used or capable of being used as a means of |
263 | transportation on water, other than a seaplane or a "documented |
264 | vessel" as defined in s. 327.02(9)(8). |
265 | Section 10. Paragraph (b) of subsection (1) of section |
266 | 715.07, Florida Statutes, is amended to read: |
267 | 715.07 Vehicles or vessels parked on private property; |
268 | towing.-- |
269 | (1) As used in this section, the term: |
270 | (b) "Vessel" means every description of watercraft, barge, |
271 | and airboat used or capable of being used as a means of |
272 | transportation on water, other than a seaplane or a "documented |
273 | vessel" as defined in s. 327.02(9)(8). |
274 | Section 11. This act shall take effect October 1, 2006. |