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The Committee on Banking and Insurance (Bennett) recommended the

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following amendment:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Senate Amendment (with title amendment)

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     Delete everything after the enacting clause

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and insert:

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     Section 1.  Subsections (41) and (42) are added to section

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327.02, Florida Statutes, to read:

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     327.02  Definitions of terms used in this chapter and in

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chapter 328.--As used in this chapter and in chapter 328, unless

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the context clearly requires a different meaning, the term:

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     (41) "Commercial parasailing" means providing or offering

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to provide, for consideration, any activity involving the towing

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of a person by a motorboat when:

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     (a) One or more persons are tethered to the towing vessel;

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     (b) The person or persons ascend above the water; and

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     (c) The person or persons remain suspended above the water

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while the vessel is underway.

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     (42) "Sustained wind speed" means a wind speed determined

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by averaging the observed wind speed rounded to the nearest whole

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knot over a 2-minute period.

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     Section 2.  Section 327.375, Florida Statutes, is created to

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read:

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     327.375 Commercial parasailing.--

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     (1) This section may be cited as the "Amber May White Act."

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     (2) A person may not operate or give permission for the

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operation of a vessel engaged in commercial parasailing unless

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the owner has obtained an annual license from the commission at a

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cost of $50. All license fees collected shall be paid into the

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Marine Resources Conservation Trust Fund to recover the

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associated costs of regulating commercial parasailing. The

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license must be available for inspection when the vessel is

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engaged in commercial parasailing. Proof of insurance, as

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required in subsection (3), must be provided to the commission

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before a license may be issued.

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     (3) The owner of a vessel engaged in commercial parasailing

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must obtain and carry a policy from an authorized insurer or an

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eligible surplus lines insurer, insuring against an accident,

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loss, injury, property damage, or other casualty caused by or

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resulting from the commercial parasailing activity. The insurance

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policy must provide coverage for a minimum of $500,000 per person

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and $1 million per event. The deductible for the insurance policy

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may not exceed $5,000 per event. Proof of insurance must be kept

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at any location where a person offers or agrees to conduct

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commercial parasailing activities and must be on any vessel

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conducting parasailing activities. This proof of insurance must

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be posted on the vessel in plain view and available for

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inspection whenever commercial parasailing activities are

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conducted. A person engaging in commercial parasailing activity

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must provide to each parasail rider upon request a copy of the

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certificate of insurance, including the insurance carrier's name

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and address and the insurance policy number.

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     (4) A person engaged in commercial parasailing must meet

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the following requirements:

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     (a) Commercial parasail operators shall launch riders only

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from and recover riders only to the vessel.

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     (b) A person may not operate a vessel engaged in commercial

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parasailing on the waters of this state unless the person in

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charge of or in command of the vessel has a current and valid

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license issued by the United States Coast Guard authorizing that

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person to engage in carrying passengers for hire. The license

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must be appropriate for the number of passengers carried and the

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displacement of the vessel. The license must be carried on the

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vessel and be available for inspection while commercial

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parasailing activities are conducted.

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     (c) A person may not operate a vessel for commercial

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parasailing unless an observer 18 years of age or older is

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present in the vessel at all times to monitor the progress of any

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tethered parasail rider and parasail equipment. The observer

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shall be attentive to the parasail rider or riders and equipment

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and may not have any other duties while the rider or riders are

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in the water or suspended above the water.

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     (d) A person may not operate any vessel engaged in

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commercial parasailing unless:

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     1. All riders wear an appropriate floatation device

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approved by the United States Coast Guard, other than an

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inflatable device, which is in serviceable condition and of the

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proper size;

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     2. The vessel is in full compliance with all requirements

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of the United States Coast Guard governing crewing and equipment

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carriage for passenger-carrying vessels as specified in the Code

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of Federal Regulations or as otherwise specified by the United

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States Coast Guard in the vessel's certificate of inspection; and

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     3. The vessel is equipped with a functional VHF marine

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transceiver.

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     (e) No more than two persons may be tethered to the towing

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vessel and ascend above the water at any time.

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     (f) A person may not operate a vessel towing a commercial

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parasailing rider on any waters of the state less than 2,500 feet

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from the shore. The restriction applies to the entire commercial

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parasailing apparatus, including the vessel, towline, and rider.

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     (g) A person may not operate a vessel towing a commercial

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parasailing rider so that the vessel, towline, or rider comes

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within 400 feet of:

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     1. An anchored vessel;

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     2. A person in the water; or

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     3. A structure, bridge, power line, wharf, pier, dock,

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buoy, platform, piling, channel marker, or other similar object.

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     (h) Commercial parasailing is prohibited when there is a

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sustained wind speed of 18 knots or higher in the area of

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operation.

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     (i) Towlines used for commercial parasailing must be a

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double braided, low-stretch type and may not exceed 700 feet in

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length.

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     (j) Commercial parasailing is prohibited from one-half hour

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after sunset to one-half hour before sunrise.

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     (k) Each passenger and parasail participant shall be given

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a safety briefing before leaving the dock or before the parasail

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activity commences. This briefing should include a basic

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description of the parasail activity and emergency procedures as

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defined by the parasail equipment manufacturer.

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     (6) A person who violates this section commits a

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misdemeanor of the second degree, punishable as provided in s.

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775.082 or s. 775.083.

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     Section 3.  Section 327.50, Florida Statutes, is amended to

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read:

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     327.50  Vessel safety regulations; equipment and lighting

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requirements.--

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     (1)(a) The owner and operator of every vessel on the waters

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of this state shall carry, store, maintain, and use safety

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equipment in accordance with current United States Coast Guard

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safety equipment requirements as specified in the Code of Federal

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Regulations, unless expressly exempted by the department.

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     (b) No person shall operate a vessel less than 26 feet in

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length on the waters of this state unless every person under 6

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years of age on board the vessel is wearing a type I, type II, or

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type III Coast Guard approved personal flotation device while

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such vessel is underway. For the purpose of this section,

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"underway" shall mean at all times except when a vessel is

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anchored, moored, made fast to the shore, or aground.

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     (2) A No person may not shall operate a vessel on the

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waters of this state unless said vessel is equipped with properly

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serviceable lights and shapes required by the navigation rules.

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     (3)  The use of sirens or flashing, occulting, or revolving

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lights on any vessel is prohibited, except as expressly provided

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in the navigation rules or annexes thereto.

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     Section 4.  This act shall take effect October 1, 2008.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     Delete everything before the enacting clause

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and insert:

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A bill to be entitled

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An act relating to commercial parasailing; amending s.

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327.02, F.S.; providing definitions; creating s. 327.375,

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F.S.; providing a short title; prohibiting a person from

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operating or giving permission for the operation of a

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vessel engaged in commercial parasailing unless he or she

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obtains a license from the Fish and Wildlife Conservation

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Commission; requiring that licensing fees be paid into the

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Marine Resources Conservation Trust Fund in the Fish and

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Wildlife Conservation Commission; requiring the license to

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be available for inspection; requiring the owner of a

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vessel engaged in commercial parasailing to obtain and

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carry an insurance policy; providing minimum coverage from

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the insurance policy; providing requirements for proof of

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insurance; providing insurance information to be provided

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to each parasail rider; requiring commercial parasail

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operators to launch and recover riders from the vessel's

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launch platform; providing certain requirements for a

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vessel used for commercial parasailing; requiring a person

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engaged in operating a vessel for commercial parasailing

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to possess a license to engage in carrying passengers for

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hire; requiring a minimum age for a person to monitor the

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progress of an airborne parasail rider and equipment;

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prohibiting a person from operating a vessel engaged in

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commercial parasailing unless certain conditions are met;

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prohibiting a person from operating a vessel towing a

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commercial parasailing rider in certain waters or within a

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certain distance of specified objects; providing

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circumstances in which commercial parasailing is

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prohibited; providing requirements for tow lines;

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providing times of the day in which commercial parasailing

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is prohibited; requiring each passenger and parasail

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participant to be given a safety briefing; providing a

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criminal penalty; amending s. 327.50, F.S.; revising

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equipment requirements for vessel safety; providing an

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effective date.

3/31/2008  8:27:00 AM     597-06064-08