HB 0733CS

CHAMBER ACTION




1The Agriculture & Environment Appropriations Committee
2recommends the following:
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 or flex pipe as the sole source of muffling;
13requiring display of described flag; providing penalties;
14providing exceptions; amending s. 327.73, F.S.; providing
15for penalties, court costs, and procedures for disposition
16of citations for specified violations; amending s.
17327.731, F.S.; requiring certain violators to complete a
18described boating safety course and to file proof of
19completion with the Fish and Wildlife Conservation
20Commission prior to operating a vessel; providing for an
21exemption from the course; amending ss. 320.08, 328.17,
22342.07, 616.242, 713.78, and 715.07, F.S.; revising cross-
23references and terminology to conform to changes made by
24the act; providing an effective date.
25
26Be It Enacted by the Legislature of the State of Florida:
27
28     Section 1.  Present subsection (37) of section 327.02,
29Florida Statutes, is amended, subsections (1) through (22) are
30renumbered as subsections (2) through (23), respectively,
31subsections (23) through (38) are renumbered as subsections (25)
32through (40), respectively, and new subsections (1) and (24) are
33added to that section, to read:
34     327.02  Definitions of terms used in this chapter and in
35chapter 328.--As used in this chapter and in chapter 328, unless
36the context clearly requires a different meaning, the term:
37     (1)  "Airboat" means a vessel, designed for use in shallow
38waters, powered by an internal combustion engine with an
39airplane-type propeller mounted above the stern used to push air
40across a set of rudders.
41     (24)  "Muffler" means an automotive-style sound-suppression
42device or system designed to effectively abate the sound of
43exhaust gases emitted from an internal combustion engine and
44prevent excessive sound when installed on such engine.
45     (39)(37)  "Vessel" is synonymous with boat as referenced in
46s. 1(b), Art. VII of the State Constitution and includes every
47description of watercraft, barge, and airboat air boat, other
48than a seaplane on the water, used or capable of being used as a
49means of transportation on water.
50     Section 2.  Section 327.391, Florida Statutes, is created
51to read:
52     327.391  Airboats regulated.--
53     (1)  The exhaust of every internal combustion engine used
54on any airboat operated on the waters of this state shall be
55provided with an automotive-style factory muffler, underwater
56exhaust, or other manufactured device capable of adequately
57muffling the sound of the exhaust of the engine as described in
58s. 327.02(24). The use of cutouts or flex pipe as the sole
59source of muffling is prohibited, except as provided in
60subsection (4). Any person who violates this subsection commits
61a noncriminal infraction, punishable as provided in s.
62327.73(1).
63     (2)  An airboat operator cited for an infraction of
64subsection (1) shall not operate the airboat until a muffler as
65defined in s. 327.02 is installed. A second violation of
66subsection (1) shall be punishable by a fine of $250, a third
67violation shall be punishable by a fine of $500, and any
68subsequent violation shall be punishable by a fine of $500.
69     (3)  An airboat may not operate on the waters of the state
70unless it is equipped with a mast or flagpole bearing a flag at
71a height of at least 10 feet above the lowest portion of the
72vessel. The flag must be square or rectangular, at least 10
73inches by 12 inches in size, international orange in color, and
74displayed so that the visibility of the flag is not obscured in
75any direction. Any person who violates this subsection commits a
76noncriminal infraction, punishable as provided in s. 327.73(1).
77     (4)  This section does not apply to a performer engaged in
78a professional exhibition or a person preparing to participate
79or participating in a regatta, race, marine parade, tournament,
80or 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
85laws of this state are noncriminal infractions:
86     (v)  Section 327.391(1), relating to requirement for an
87adequate muffler on an airboat.
88     (w)  Section 327.391(3), relating to display of a flag on
89an airboat.
90
91Any person cited for a violation of any such provision shall be
92deemed to be charged with a noncriminal infraction, shall be
93cited for such an infraction, and shall be cited to appear
94before the county court. The civil penalty for any such
95infraction is $50, except as otherwise provided in this section.
96Any person who fails to appear or otherwise properly respond to
97a uniform boating citation shall, in addition to the charge
98relating to the violation of the boating laws of this state, be
99charged with the offense of failing to respond to such citation
100and, upon conviction, be guilty of a misdemeanor of the second
101degree, punishable as provided in s. 775.082 or s. 775.083. A
102written warning to this effect shall be provided at the time
103such uniform boating citation is issued.
104     Section 4.  Subsection (1) of section 327.731, Florida
105Statutes, is amended to read:
106     327.731  Mandatory education for violators.--
107     (1)  Every person convicted of a criminal violation of this
108chapter, every person convicted of a noncriminal infraction
109under this chapter if the infraction resulted in a reportable
110boating accident, and every person convicted of two noncriminal
111infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p),
112and (s)-(w) (s)-(u), said infractions occurring within a 12-
113month period, must:
114     (a)  Enroll in, attend, and successfully complete, at his
115or her own expense, a boating safety course that meets minimum
116standards established by the commission by rule; however, the
117commission may provide by rule pursuant to chapter 120 for
118waivers of the attendance requirement for violators residing in
119areas where classroom presentation of the course is not
120available;
121     (b)  File with the commission within 90 days proof of
122successful completion of the course;
123     (c)  Refrain from operating a vessel until he or she has
124filed the proof of successful completion of the course with the
125commission.
126
127Any person who has successfully completed an approved boating
128course shall be exempt from these provisions upon showing proof
129to the commission as specified in paragraph (b).
130     Section 5.  Paragraphs (d) and (e) of subsection (5) of
131section 320.08, Florida Statutes, are amended to read:
132     320.08  License taxes.--Except as otherwise provided
133herein, there are hereby levied and imposed annual license taxes
134for the operation of motor vehicles, mopeds, motorized bicycles
135as defined in s. 316.003(2), and mobile homes, as defined in s.
136320.01, which shall be paid to and collected by the department
137or its agent upon the registration or renewal of registration of
138the following:
139     (5)  SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
140SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.--
141     (d)  A wrecker, as defined in s. 320.01(40), which is used
142to tow a vessel as defined in s. 327.02(39)(36), a disabled,
143abandoned, stolen-recovered, or impounded motor vehicle as
144defined in s. 320.01(38), or a replacement motor vehicle as
145defined in s. 320.01(39): $30 flat.
146     (e)  A wrecker, as defined in s. 320.01(40), which is used
147to tow any motor vehicle, regardless of whether or not such
148motor vehicle is a disabled motor vehicle as defined in s.
149320.01(38), a replacement motor vehicle as defined in s.
150320.01(39), a vessel as defined in s. 327.02(39)(36), or any
151other cargo, as follows:
152     1.  Gross vehicle weight of 10,000 pounds or more, but less
153than 15,000 pounds: $87 flat.
154     2.  Gross vehicle weight of 15,000 pounds or more, but less
155than 20,000 pounds: $131 flat.
156     3.  Gross vehicle weight of 20,000 pounds or more, but less
157than 26,000 pounds: $186 flat.
158     4.  Gross vehicle weight of 26,000 pounds or more, but less
159than 35,000 pounds: $240 flat.
160     5.  Gross vehicle weight of 35,000 pounds or more, but less
161than 44,000 pounds: $300 flat.
162     6.  Gross vehicle weight of 44,000 pounds or more, but less
163than 55,000 pounds: $572 flat.
164     7.  Gross vehicle weight of 55,000 pounds or more, but less
165than 62,000 pounds: $678 flat.
166     8.  Gross vehicle weight of 62,000 pounds or more, but less
167than 72,000 pounds: $800 flat.
168     9.  Gross vehicle weight of 72,000 pounds or more: $979
169flat.
170     Section 6.  Subsection (4) of section 328.17, Florida
171Statutes, 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
174a possessory lien upon any vessel for storage fees, dockage
175fees, repairs, improvements, or other work-related storage
176charges, and for expenses necessary for preservation of the
177vessel or expenses reasonably incurred in the sale or other
178disposition of the vessel. The possessory lien shall attach as
179of the date the vessel is brought to the marina, or as of the
180date the vessel first occupies rental space at the marina
181facility. However, in the event of default, the marina must give
182notice to persons who hold perfected security interests against
183the vessel under the Uniform Commercial Code in which the owner
184is named as the debtor.
185     Section 7.  Subsection (2) of section 342.07, Florida
186Statutes, is amended to read:
187     342.07  Recreational and commercial working waterfronts;
188legislative findings; definitions.--
189     (2)  As used in this section, the term "recreational and
190commercial working waterfront" means a parcel or parcels of real
191property that provide access for water-dependent commercial
192activities or provide access for the public to the navigable
193waters of the state. Recreational and commercial working
194waterfronts require direct access to or a location on, over, or
195adjacent to a navigable body of water. The term includes water-
196dependent facilities that are open to the public and offer
197public access by vessels to the waters of the state or that are
198support facilities for recreational, commercial, research, or
199governmental vessels. These facilities include docks, wharfs,
200lifts, wet and dry marinas, boat ramps, boat hauling and repair
201facilities, commercial fishing facilities, boat construction
202facilities, and other support structures over the water. As used
203in this section, the term "vessel" has the same meaning as in s.
204327.02(39)(37). Seaports are excluded from the definition.
205     Section 8.  Paragraph (a) of subsection (10) of section
206616.242, 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-
211time employees and that maintain full-time, in-house safety
212inspectors. Furthermore, the permanent facilities must file an
213affidavit of the annual inspection with the department, on a
214form prescribed by rule of the department. Additionally, the
215Department of Agriculture and Consumer Services may consult
216annually with the permanent facilities regarding industry safety
217programs.
218     2.  Any playground operated by a school, local government,
219or business licensed under chapter 509, if the playground is an
220incidental amenity and the operating entity is not primarily
221engaged in providing amusement, pleasure, thrills, or
222excitement.
223     3.  Museums or other institutions principally devoted to
224the exhibition of products of agriculture, industry, education,
225science, religion, or the arts.
226     4.  Conventions or trade shows for the sale or exhibit of
227amusement rides if there are a minimum of 15 amusement rides on
228display or exhibition, and if any operation of such amusement
229rides is limited to the registered attendees of the convention
230or trade show.
231     5.  Skating rinks, arcades, lazer or paint ball war games,
232bowling alleys, miniature golf courses, mechanical bulls,
233inflatable rides, trampolines, ball crawls, exercise equipment,
234jet skis, paddle boats, airboats air boats, helicopters,
235airplanes, parasails, hot air or helium balloons whether
236tethered or untethered, theatres, batting cages, stationary
237spring-mounted fixtures, rider-propelled merry-go-rounds, games,
238side shows, live animal rides, or live animal shows.
239     6.  Go-karts operated in competitive sporting events if
240participation is not open to the public.
241     7.  Nonmotorized playground equipment that is not required
242to have a manager.
243     8.  Coin-actuated amusement rides designed to be operated
244by depositing coins, tokens, credit cards, debit cards, bills,
245or other cash money and which are not required to have a
246manager, and which have a capacity of six persons or less.
247     9.  Facilities described in s. 549.09(1)(a) when such
248facilities are operating cars, trucks, or motorcycles only.
249     10.  Battery-powered cars or other vehicles that are
250designed to be operated by children 7 years of age or under and
251that cannot exceed a speed of 4 miles per hour.
252     11.  Mechanically driven vehicles that pull train cars,
253carts, wagons, or other similar vehicles, that are not confined
254to a metal track or confined to an area but are steered by an
255operator and do not exceed a speed of 4 miles per hour.
256     Section 9.  Paragraph (b) of subsection (1) of section
257713.78, Florida Statutes, is amended to read:
258     713.78  Liens for recovering, towing, or storing vehicles
259and vessels.--
260     (1)  For the purposes of this section, the term:
261     (b)  "Vessel" means every description of watercraft, barge,
262and airboat air boat used or capable of being used as a means of
263transportation on water, other than a seaplane or a "documented
264vessel" as defined in s. 327.02(9)(8).
265     Section 10.  Paragraph (b) of subsection (1) of section
266715.07, Florida Statutes, is amended to read:
267     715.07  Vehicles or vessels parked on private property;
268towing.--
269     (1)  As used in this section, the term:
270     (b)  "Vessel" means every description of watercraft, barge,
271and airboat used or capable of being used as a means of
272transportation on water, other than a seaplane or a "documented
273vessel" as defined in s. 327.02(9)(8).
274     Section 11.  This act shall take effect October 1, 2006.


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