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A bill to be entitled

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An act relating to commercial parasailing; creating s.

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327.375, F.S.; defining the term "commercial parasailing";

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requiring each vessel engaged in commercial parasailing to

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obtain an annual license; requiring each owner to carry

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liability insurance; providing for minimum amounts of

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insurance and maximum deductibles; providing requirements

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for persons conducting commercial parasailing operations;

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providing criminal penalties; providing an effective date.

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1.  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) As used in this section, the term "commercial

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parasailing" means providing or offering to provide, for

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consideration, any activity involving the towing of a person by a

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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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     (2) A vessel engaged in commercial parasailing must obtain

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an annual license from the commission at a cost of $50. All

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license fees collected shall be paid into the Marine Resources

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Conservation Trust Fund to recover the associated costs of

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regulating commercial parasailing. The license must be available

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for inspection when the vessel is engaged in commercial

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parasailing.

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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 insurance carrier licensed

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in this state, insuring against an accident, loss, injury,

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property damage, or other casualty caused by or resulting from

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the commercial parasailing activity. The insurance policy must

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provide coverage for a minimum of $750,000 per person and $1.5

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million per event. The deductible for the insurance policy may

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

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on the vessel and be available for inspection when commercial

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parasailing activities are conducted. A person conducting a

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commercial parasailing activity shall give each rider the

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insurance carrier's name and address and the insurance policy

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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) A person may not use any vessel for commercial

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parasailing unless it is designed and equipped for towing a

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person while parasailing and is equipped with a launch platform

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and powered winch to release and retrieve the towline.

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     (b) A person operating a vessel engaged in commercial

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parasailing on the waters of this state must have a current and

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valid license issued by the United States Coast Guard authorizing

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that person to engage in carrying passengers for hire. The

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license must be carried on the vessel and be available for

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inspection while commercial 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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airborne parasail rider and parachute. The observer shall be

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attentive to the parasail rider or riders and may not have any

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other duties while the rider or riders are in the water or

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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 a United States Coast Guard approved

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type I, type II, or type III personal flotation device that is in

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serviceable condition and of the proper size;

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     2. All riders are connected to the towline and secured in a

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seat harness attached to an ascending type of parachute;

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     3. 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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     4. The vessel is equipped with a functional VHF marine

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transceiver.

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     (e) Commercial parasailing is prohibited in the Atlantic

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Ocean and the Gulf of Mexico in waters less than 2,000 feet from

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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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     (f) 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 600 feet of:

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     1. An anchored vessel;

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     2. A person in the water;

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     3. The shore or seawall; or

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     4. 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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     (g) Commercial parasailing is prohibited:

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     1. On bodies of water less than 2,000 feet in width from

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shore to shore;

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     2. From one-half hour after sunset to one-half hour before

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sunrise and at all times during restricted visibility; and

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     3. When there are sustained winds of 20 knots or higher or

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seas 5 feet or higher in the area of operation.

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     (j) Towlines used for commercial parasailing may not exceed

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800 feet in length.

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     (k) Commercial parasail operators shall launch riders only

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from and recover riders only to the vessel's launch platform.

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     (l) 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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     (4) 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 2.  This act shall take effect October 1, 2008.