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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 proof of insurance;

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requiring the owner of a vessel engaged in commercial

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parasailing to obtain and carry an insurance policy;

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providing minimum coverage from the insurance policy;

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providing requirements for proof of insurance; requiring a

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person who conducts commercial parasailing activity to

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provide a copy of the certificate of insurance to each

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rider upon request; 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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requiring commercial parasail operators to launch and

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recover riders from the vessel's launch platform;

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requiring a safety briefing for passengers and

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participants; requiring that a person possess a current

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cardiopulmonary resuscitation course card and a standard

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first aid course card in order to operate a parasail

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vessel; providing that an agreement that attempts to

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exculpate or release a provider from liability is not

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enforceable; prohibiting a provider from conditioning

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participation in commercial parasailing upon the execution

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of an exculpatory agreement; providing a criminal penalty;

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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.  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 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 kept at

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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 conducting a commercial parasailing activity

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

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of insurance, including the insurance carrier's name and address

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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) A person may not operate a 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 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 who is 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 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. All riders are connected to the towline and secured in a

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seat or harness passenger support that is specifically designed

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for parasailing and attached to an ascending type of parachute or

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parasail;

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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) A person may not operate a vessel towing a commercial

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parasailing rider in the Atlantic Ocean or the Gulf of Mexico in

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waters less than 3,000 feet from the shore. The restriction

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applies to the entire commercial parasailing apparatus, including

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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; 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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     (g) Commercial parasailing is prohibited:

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     1. On any body of water less than 2,000 feet in width in

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its narrowest dimension from shore to shore in the area where the

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parasailing activity is taking place;

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     2. From sunset to sunrise and at all times during

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restricted visibility as defined in the navigation rules; and

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     3. When there is a sustained wind speed of 18 knots or

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higher in the area of operation.

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     (h) Towlines used for commercial parasailing must be a

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double braided, low-stretch type and may not exceed 600 feet in

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length.

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     (i) 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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     (j) 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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     (k) A person may not operate a parasail vessel unless he or

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she possesses a current, valid American Red Cross or American

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Heart Association cardiopulmonary resuscitation course card or

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its equivalent and a current, valid American Red Cross or

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National Safety Council standard first aid course card or its

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equivalent.

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     (5) As used in this subsection, "provider" means an owner

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or operator of a vessel engaged in commercial parasailing or any

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person, individual, partnership, firm, corporation, association,

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entity, or any of their privies that provides or facilitates the

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provision of the equipment or location needed or used for

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participation in commercial parasailing.

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     (a) An agreement that attempts to exculpate or release any

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provider from liability or financial responsibility for a claim

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arising out of a commercial parasailing activity is not

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enforceable.

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     (b) A provider may not condition participation in

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commercial parasailing upon the execution of an exculpatory

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agreement that attempts to exculpate or release the provider from

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liability or financial responsibility for a claim arising out of

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a commercial parasailing activity.

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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.  This act shall take effect October 1, 2008.