| 1 | The State Resources Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 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. 327.60, F.S.; |
| 15 | prohibiting an ordinance or local law from discriminating |
| 16 | against airboats except under certain circumstances; |
| 17 | amending s. 327.73, F.S.; providing for penalties, court |
| 18 | costs, and procedures for disposition of citations for |
| 19 | specified violations; amending s. 327.731, F.S.; requiring |
| 20 | certain violators to complete a described boating safety |
| 21 | course and to file proof of completion with the Fish and |
| 22 | Wildlife Conservation Commission prior to operating a |
| 23 | vessel; providing for an exemption from the course; |
| 24 | amending ss. 320.08, 328.17, 342.07, 616.242, 713.78, and |
| 25 | 715.07, F.S.; revising cross-references and terminology to |
| 26 | conform to changes made by the act; providing effective |
| 27 | dates. |
| 28 |
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| 29 | Be It Enacted by the Legislature of the State of Florida: |
| 30 |
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| 31 | Section 1. Present subsection (37) of section 327.02, |
| 32 | Florida Statutes, is amended, subsections (1) through (22) are |
| 33 | renumbered as subsections (2) through (23), respectively, |
| 34 | subsections (23) through (38) are renumbered as subsections (25) |
| 35 | through (40), respectively, and new subsections (1) and (24) are |
| 36 | added to that section, to read: |
| 37 | 327.02 Definitions of terms used in this chapter and in |
| 38 | chapter 328.--As used in this chapter and in chapter 328, unless |
| 39 | the context clearly requires a different meaning, the term: |
| 40 | (1) "Airboat" means a vessel, designed for use in shallow |
| 41 | waters, powered by an internal combustion engine with an |
| 42 | airplane-type propeller mounted above the stern used to push air |
| 43 | across a set of rudders. |
| 44 | (24) "Muffler" means an automotive-style sound-suppression |
| 45 | device or system designed to effectively abate the sound of |
| 46 | exhaust gases emitted from an internal combustion engine and |
| 47 | prevent excessive sound when installed on such engine. |
| 48 | (39)(37) "Vessel" is synonymous with boat as referenced in |
| 49 | s. 1(b), Art. VII of the State Constitution and includes every |
| 50 | description of watercraft, barge, and airboat air boat, other |
| 51 | than a seaplane on the water, used or capable of being used as a |
| 52 | means of transportation on water. |
| 53 | Section 2. Section 327.391, Florida Statutes, is created |
| 54 | to read: |
| 55 | 327.391 Airboats regulated.-- |
| 56 | (1) The exhaust of every internal combustion engine used |
| 57 | on any airboat operated on the waters of this state shall be |
| 58 | provided with an automotive-style factory muffler, underwater |
| 59 | exhaust, or other manufactured device capable of adequately |
| 60 | muffling the sound of the exhaust of the engine as described in |
| 61 | s. 327.02(24). The use of cutouts or flex pipe as the sole |
| 62 | source of muffling is prohibited, except as provided in |
| 63 | subsection (4). Any person who violates this subsection commits |
| 64 | a noncriminal infraction punishable as provided in s. 327.73(1). |
| 65 | A second violation of this subsection within 12 months shall be |
| 66 | punishable by a fine of $250, a third violation within 12 months |
| 67 | shall be punishable by a fine of $500, and any subsequent |
| 68 | violation shall be punishable by a fine of $500. |
| 69 | (2) An airboat operator cited for an infraction of |
| 70 | subsection (1) shall not operate the airboat until a muffler as |
| 71 | defined in s. 327.02 is installed. |
| 72 | (3) An airboat may not operate on the waters of the state |
| 73 | unless it is equipped with a mast or flagpole bearing a flag at |
| 74 | a height of at least 10 feet above the lowest portion of the |
| 75 | vessel. The flag must be square or rectangular, at least 10 |
| 76 | inches by 12 inches in size, international orange in color, and |
| 77 | displayed so that the visibility of the flag is not obscured in |
| 78 | any direction. Any person who violates this subsection commits a |
| 79 | noncriminal infraction, punishable as provided in s. 327.73(1). |
| 80 | (4) This section does not apply to a performer engaged in |
| 81 | a professional exhibition or a person preparing to participate |
| 82 | or participating in a regatta, race, marine parade, tournament, |
| 83 | or exhibition held in compliance with s. 327.48. |
| 84 | Section 3. Effective July 1, 2006, subsection (1) of |
| 85 | section 327.60, Florida Statutes, is amended to read: |
| 86 | 327.60 Local regulations; limitations.-- |
| 87 | (1) The provisions of ss. 327.01, 327.02, 327.30-327.40, |
| 88 | 327.44-327.50, 327.54, 327.56, 327.65, 328.40-328.48, |
| 89 | 328.52-328.58, 328.62, and 328.64 shall govern the operation, |
| 90 | equipment, and all other matters relating thereto whenever any |
| 91 | vessel shall be operated upon the waterways or when any activity |
| 92 | regulated hereby shall take place thereon. Nothing in these |
| 93 | sections shall be construed to prevent the adoption of any |
| 94 | ordinance or local law relating to operation and equipment of |
| 95 | vessels, except that no such ordinance or local law may apply to |
| 96 | the Florida Intracoastal Waterway and except that such |
| 97 | ordinances or local laws shall be operative only when they are |
| 98 | not in conflict with this chapter or any amendments thereto or |
| 99 | regulations thereunder. Any ordinance or local law which has |
| 100 | been adopted pursuant to this section or to any other state law |
| 101 | may not discriminate against personal watercraft as defined in |
| 102 | s. 327.02. Effective July 1, 2006, any ordinance or local law |
| 103 | adopted pursuant to this section or any other state law may not |
| 104 | discriminate against airboats except by a super majority vote of |
| 105 | the governing body enacting such ordinance. |
| 106 | Section 4. Paragraphs (v) and (w) are added to subsection |
| 107 | (1) of section 327.73, Florida Statutes, to read: |
| 108 | 327.73 Noncriminal infractions.-- |
| 109 | (1) Violations of the following provisions of the vessel |
| 110 | laws of this state are noncriminal infractions: |
| 111 | (v) Section 327.391(1), relating to requirement for an |
| 112 | adequate muffler on an airboat. |
| 113 | (w) Section 327.391(3), relating to display of a flag on |
| 114 | an airboat. |
| 115 |
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| 116 | Any person cited for a violation of any such provision shall be |
| 117 | deemed to be charged with a noncriminal infraction, shall be |
| 118 | cited for such an infraction, and shall be cited to appear |
| 119 | before the county court. The civil penalty for any such |
| 120 | infraction is $50, except as otherwise provided in this section. |
| 121 | Any person who fails to appear or otherwise properly respond to |
| 122 | a uniform boating citation shall, in addition to the charge |
| 123 | relating to the violation of the boating laws of this state, be |
| 124 | charged with the offense of failing to respond to such citation |
| 125 | and, upon conviction, be guilty of a misdemeanor of the second |
| 126 | degree, punishable as provided in s. 775.082 or s. 775.083. A |
| 127 | written warning to this effect shall be provided at the time |
| 128 | such uniform boating citation is issued. |
| 129 | Section 5. Subsection (1) of section 327.731, Florida |
| 130 | Statutes, is amended to read: |
| 131 | 327.731 Mandatory education for violators.-- |
| 132 | (1) Every person convicted of a criminal violation of this |
| 133 | chapter, every person convicted of a noncriminal infraction |
| 134 | under this chapter if the infraction resulted in a reportable |
| 135 | boating accident, and every person convicted of two noncriminal |
| 136 | infractions as defined in s. 327.73(1)(h)-(k), (m), (o), (p), |
| 137 | and (s)-(w) (s)-(u), said infractions occurring within a 12- |
| 138 | month period, must: |
| 139 | (a) Enroll in, attend, and successfully complete, at his |
| 140 | or her own expense, a boating safety course that meets minimum |
| 141 | standards established by the commission by rule; however, the |
| 142 | commission may provide by rule pursuant to chapter 120 for |
| 143 | waivers of the attendance requirement for violators residing in |
| 144 | areas where classroom presentation of the course is not |
| 145 | available; |
| 146 | (b) File with the commission within 90 days proof of |
| 147 | successful completion of the course; |
| 148 | (c) Refrain from operating a vessel until he or she has |
| 149 | filed the proof of successful completion of the course with the |
| 150 | commission. |
| 151 |
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| 152 | Any person who has successfully completed an approved boating |
| 153 | course shall be exempt from these provisions upon showing proof |
| 154 | to the commission as specified in paragraph (b). |
| 155 | Section 6. Paragraphs (d) and (e) of subsection (5) of |
| 156 | section 320.08, Florida Statutes, are amended to read: |
| 157 | 320.08 License taxes.--Except as otherwise provided |
| 158 | herein, there are hereby levied and imposed annual license taxes |
| 159 | for the operation of motor vehicles, mopeds, motorized bicycles |
| 160 | as defined in s. 316.003(2), and mobile homes, as defined in s. |
| 161 | 320.01, which shall be paid to and collected by the department |
| 162 | or its agent upon the registration or renewal of registration of |
| 163 | the following: |
| 164 | (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT; |
| 165 | SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.-- |
| 166 | (d) A wrecker, as defined in s. 320.01(40), which is used |
| 167 | to tow a vessel as defined in s. 327.02(39)(36), a disabled, |
| 168 | abandoned, stolen-recovered, or impounded motor vehicle as |
| 169 | defined in s. 320.01(38), or a replacement motor vehicle as |
| 170 | defined in s. 320.01(39): $30 flat. |
| 171 | (e) A wrecker, as defined in s. 320.01(40), which is used |
| 172 | to tow any motor vehicle, regardless of whether or not such |
| 173 | motor vehicle is a disabled motor vehicle as defined in s. |
| 174 | 320.01(38), a replacement motor vehicle as defined in s. |
| 175 | 320.01(39), a vessel as defined in s. 327.02(39)(36), or any |
| 176 | other cargo, as follows: |
| 177 | 1. Gross vehicle weight of 10,000 pounds or more, but less |
| 178 | than 15,000 pounds: $87 flat. |
| 179 | 2. Gross vehicle weight of 15,000 pounds or more, but less |
| 180 | than 20,000 pounds: $131 flat. |
| 181 | 3. Gross vehicle weight of 20,000 pounds or more, but less |
| 182 | than 26,000 pounds: $186 flat. |
| 183 | 4. Gross vehicle weight of 26,000 pounds or more, but less |
| 184 | than 35,000 pounds: $240 flat. |
| 185 | 5. Gross vehicle weight of 35,000 pounds or more, but less |
| 186 | than 44,000 pounds: $300 flat. |
| 187 | 6. Gross vehicle weight of 44,000 pounds or more, but less |
| 188 | than 55,000 pounds: $572 flat. |
| 189 | 7. Gross vehicle weight of 55,000 pounds or more, but less |
| 190 | than 62,000 pounds: $678 flat. |
| 191 | 8. Gross vehicle weight of 62,000 pounds or more, but less |
| 192 | than 72,000 pounds: $800 flat. |
| 193 | 9. Gross vehicle weight of 72,000 pounds or more: $979 |
| 194 | flat. |
| 195 | Section 7. Subsection (4) of section 328.17, Florida |
| 196 | Statutes, is amended to read: |
| 197 | 328.17 Nonjudicial sale of vessels.-- |
| 198 | (4) A marina, as defined in s. 327.02(20)(19), shall have |
| 199 | a possessory lien upon any vessel for storage fees, dockage |
| 200 | fees, repairs, improvements, or other work-related storage |
| 201 | charges, and for expenses necessary for preservation of the |
| 202 | vessel or expenses reasonably incurred in the sale or other |
| 203 | disposition of the vessel. The possessory lien shall attach as |
| 204 | of the date the vessel is brought to the marina, or as of the |
| 205 | date the vessel first occupies rental space at the marina |
| 206 | facility. However, in the event of default, the marina must give |
| 207 | notice to persons who hold perfected security interests against |
| 208 | the vessel under the Uniform Commercial Code in which the owner |
| 209 | is named as the debtor. |
| 210 | Section 8. Subsection (2) of section 342.07, Florida |
| 211 | Statutes, is amended to read: |
| 212 | 342.07 Recreational and commercial working waterfronts; |
| 213 | legislative findings; definitions.-- |
| 214 | (2) As used in this section, the term "recreational and |
| 215 | commercial working waterfront" means a parcel or parcels of real |
| 216 | property that provide access for water-dependent commercial |
| 217 | activities or provide access for the public to the navigable |
| 218 | waters of the state. Recreational and commercial working |
| 219 | waterfronts require direct access to or a location on, over, or |
| 220 | adjacent to a navigable body of water. The term includes water- |
| 221 | dependent facilities that are open to the public and offer |
| 222 | public access by vessels to the waters of the state or that are |
| 223 | support facilities for recreational, commercial, research, or |
| 224 | governmental vessels. These facilities include docks, wharfs, |
| 225 | lifts, wet and dry marinas, boat ramps, boat hauling and repair |
| 226 | facilities, commercial fishing facilities, boat construction |
| 227 | facilities, and other support structures over the water. As used |
| 228 | in this section, the term "vessel" has the same meaning as in s. |
| 229 | 327.02(39)(37). Seaports are excluded from the definition. |
| 230 | Section 9. Paragraph (a) of subsection (10) of section |
| 231 | 616.242, Florida Statutes, is amended to read: |
| 232 | 616.242 Safety standards for amusement rides.-- |
| 233 | (10) EXEMPTIONS.-- |
| 234 | (a) This section does not apply to: |
| 235 | 1. Permanent facilities that employ at least 1,000 full- |
| 236 | time employees and that maintain full-time, in-house safety |
| 237 | inspectors. Furthermore, the permanent facilities must file an |
| 238 | affidavit of the annual inspection with the department, on a |
| 239 | form prescribed by rule of the department. Additionally, the |
| 240 | Department of Agriculture and Consumer Services may consult |
| 241 | annually with the permanent facilities regarding industry safety |
| 242 | programs. |
| 243 | 2. Any playground operated by a school, local government, |
| 244 | or business licensed under chapter 509, if the playground is an |
| 245 | incidental amenity and the operating entity is not primarily |
| 246 | engaged in providing amusement, pleasure, thrills, or |
| 247 | excitement. |
| 248 | 3. Museums or other institutions principally devoted to |
| 249 | the exhibition of products of agriculture, industry, education, |
| 250 | science, religion, or the arts. |
| 251 | 4. Conventions or trade shows for the sale or exhibit of |
| 252 | amusement rides if there are a minimum of 15 amusement rides on |
| 253 | display or exhibition, and if any operation of such amusement |
| 254 | rides is limited to the registered attendees of the convention |
| 255 | or trade show. |
| 256 | 5. Skating rinks, arcades, lazer or paint ball war games, |
| 257 | bowling alleys, miniature golf courses, mechanical bulls, |
| 258 | inflatable rides, trampolines, ball crawls, exercise equipment, |
| 259 | jet skis, paddle boats, airboats air boats, helicopters, |
| 260 | airplanes, parasails, hot air or helium balloons whether |
| 261 | tethered or untethered, theatres, batting cages, stationary |
| 262 | spring-mounted fixtures, rider-propelled merry-go-rounds, games, |
| 263 | side shows, live animal rides, or live animal shows. |
| 264 | 6. Go-karts operated in competitive sporting events if |
| 265 | participation is not open to the public. |
| 266 | 7. Nonmotorized playground equipment that is not required |
| 267 | to have a manager. |
| 268 | 8. Coin-actuated amusement rides designed to be operated |
| 269 | by depositing coins, tokens, credit cards, debit cards, bills, |
| 270 | or other cash money and which are not required to have a |
| 271 | manager, and which have a capacity of six persons or less. |
| 272 | 9. Facilities described in s. 549.09(1)(a) when such |
| 273 | facilities are operating cars, trucks, or motorcycles only. |
| 274 | 10. Battery-powered cars or other vehicles that are |
| 275 | designed to be operated by children 7 years of age or under and |
| 276 | that cannot exceed a speed of 4 miles per hour. |
| 277 | 11. Mechanically driven vehicles that pull train cars, |
| 278 | carts, wagons, or other similar vehicles, that are not confined |
| 279 | to a metal track or confined to an area but are steered by an |
| 280 | operator and do not exceed a speed of 4 miles per hour. |
| 281 | Section 10. Paragraph (b) of subsection (1) of section |
| 282 | 713.78, Florida Statutes, is amended to read: |
| 283 | 713.78 Liens for recovering, towing, or storing vehicles |
| 284 | and vessels.-- |
| 285 | (1) For the purposes of this section, the term: |
| 286 | (b) "Vessel" means every description of watercraft, barge, |
| 287 | and airboat air boat used or capable of being used as a means of |
| 288 | transportation on water, other than a seaplane or a "documented |
| 289 | vessel" as defined in s. 327.02(9)(8). |
| 290 | Section 11. Paragraph (b) of subsection (1) of section |
| 291 | 715.07, Florida Statutes, is amended to read: |
| 292 | 715.07 Vehicles or vessels parked on private property; |
| 293 | towing.-- |
| 294 | (1) As used in this section, the term: |
| 295 | (b) "Vessel" means every description of watercraft, barge, |
| 296 | and airboat used or capable of being used as a means of |
| 297 | transportation on water, other than a seaplane or a "documented |
| 298 | vessel" as defined in s. 327.02(9)(8). |
| 299 | Section 12. Except as otherwise expressly provided in this |
| 300 | act and except for this section, which shall take effect upon |
| 301 | becoming a law, this act shall take effect October 1, 2006. |