| 1 | A bill to be entitled |
| 2 | An act relating to commercial parasailing; amending s. |
| 3 | 327.02, F.S.; defining the terms "commercial parasailing" |
| 4 | and "sustained wind speed"; creating s. 327.375, F.S.; |
| 5 | requiring each vessel engaged in commercial parasailing to |
| 6 | obtain an annual license from the Fish and Wildlife |
| 7 | Conservation Commission; requiring a fee; requiring proof |
| 8 | of insurance as condition of licensure; requiring license |
| 9 | to be available for inspection; providing for fees to be |
| 10 | paid into the Marine Resources Conservation Trust Fund for |
| 11 | certain uses; requiring specified types and limits of |
| 12 | insurance coverage; requiring availability of proof of |
| 13 | insurance; requiring specified insurance information to be |
| 14 | provided to each rider upon request; requiring person |
| 15 | operating such a vessel to have certain licenses; |
| 16 | requiring an observer to be on each vessel; providing |
| 17 | requirements for operation of commercial parasailing |
| 18 | vessel; providing an effective date. |
| 19 |
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| 20 | Be It Enacted by the Legislature of the State of Florida: |
| 21 |
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| 22 | Section 1. Subsections (41) and (42) are added to section |
| 23 | 327.02, Florida Statutes, to read: |
| 24 | 327.02 Definitions of terms used in this chapter and in |
| 25 | chapter 328.--As used in this chapter and in chapter 328, unless |
| 26 | the context clearly requires a different meaning, the term: |
| 27 | (41) "Commercial parasailing" means providing or offering |
| 28 | to provide, for consideration, any activity involving the towing |
| 29 | of a person by a motorboat when: |
| 30 | (a) One or more persons are tethered to the towing vessel; |
| 31 | (b) The person or persons ascend above the water; and |
| 32 | (c) The person or persons remain suspended above the water |
| 33 | while the vessel is underway. |
| 34 | (42) "Sustained wind speed" means a wind speed determined |
| 35 | by averaging the observed wind speed rounded to the nearest |
| 36 | whole knot over a 2-minute period. |
| 37 | Section 2. Section 327.375, Florida Statutes, is created |
| 38 | to read: |
| 39 | 327.375 Commercial parasailing.-- |
| 40 | (1)(a) No person shall operate or give permission for the |
| 41 | operation of a vessel engaged in commercial parasailing unless |
| 42 | the owner has obtained an annual license from the commission at |
| 43 | a cost of $50. Proof of insurance, as required in subsection |
| 44 | (2), must be provided to the commission before a license may be |
| 45 | issued. |
| 46 | (b) The license must be available for inspection when the |
| 47 | vessel is engaged in commercial parasailing. |
| 48 | (c) All license fees collected under this subsection shall |
| 49 | be paid into the Marine Resources Conservation Trust Fund to |
| 50 | recover the associated costs of regulating commercial |
| 51 | parasailing. |
| 52 | (2) The owner of a vessel engaged in commercial |
| 53 | parasailing must obtain and carry a policy from an insurance |
| 54 | carrier licensed in this state, insuring against an accident, |
| 55 | loss, injury, property damage, or other casualty caused by or |
| 56 | resulting from the commercial parasailing activity. The |
| 57 | insurance policy must provide coverage for a minimum of $750,000 |
| 58 | per person and $1.5 million per event. The deductible for the |
| 59 | insurance policy may not exceed $5,000 per event. Proof of |
| 60 | insurance must be kept at any location where any person offers |
| 61 | or agrees to conduct commercial parasailing activities and must |
| 62 | be carried on any vessel conducting parasailing activities. |
| 63 | Proof of insurance must be available for inspection whenever |
| 64 | commercial parasailing activities are conducted. A person |
| 65 | conducting a commercial parasailing activity must provide to |
| 66 | each rider the insurance carrier's name and address and the |
| 67 | insurance policy number upon request. |
| 68 | (3) A person engaged in commercial parasailing must meet |
| 69 | the following requirements: |
| 70 | (a) A person may not operate any vessel for commercial |
| 71 | parasailing unless it is designed and equipped for towing a |
| 72 | person while parasailing and is equipped with a launch platform |
| 73 | and powered winch to release and retrieve the towline. |
| 74 | (b) A person may not operate a vessel engaged in |
| 75 | commercial parasailing on the waters of this state unless the |
| 76 | person in charge of or in command of the vessel has a current |
| 77 | and valid license issued by the United States Coast Guard |
| 78 | authorizing that person to engage in carrying passengers for |
| 79 | hire. The license must be appropriate for the number of |
| 80 | passengers carried and the displacement of the vessel. The |
| 81 | license must be carried on the vessel and be available for |
| 82 | inspection while commercial parasailing activities are |
| 83 | conducted. |
| 84 | (c) A person may not operate a vessel for commercial |
| 85 | parasailing unless an observer 18 years of age or older is |
| 86 | present in the vessel at all times to monitor the progress of |
| 87 | any airborne parasail rider and parasail equipment. The observer |
| 88 | shall be attentive to the parasail rider or riders and equipment |
| 89 | and may not have any other duties while the rider or riders are |
| 90 | in the water or suspended above the water. |
| 91 | (d) A person may not operate any vessel engaged in |
| 92 | commercial parasailing unless: |
| 93 | 1. All riders wear an appropriate floatation device |
| 94 | approved by the United States Coast Guard, other than an |
| 95 | inflatable device, that is in serviceable condition and of the |
| 96 | proper size; |
| 97 | 2. All riders are connected to the towline and secured in |
| 98 | a seat harness attached to an ascending type of parachute; |
| 99 | 3. The vessel is in full compliance with all requirements |
| 100 | of the United States Coast Guard governing crewing and equipment |
| 101 | carriage for passenger-carrying vessels as specified in the Code |
| 102 | of Federal Regulations or as otherwise specified by the United |
| 103 | States Coast Guard in the vessel's certificate of inspection; |
| 104 | and |
| 105 | 4. The vessel is equipped with a functional VHF marine |
| 106 | transceiver. |
| 107 | (e) A person may not operate a vessel towing a commercial |
| 108 | parasailing rider in the Atlantic Ocean or the Gulf of Mexico in |
| 109 | waters less than 2,000 feet from the shore. The restriction |
| 110 | applies to the entire commercial parasailing apparatus, |
| 111 | including the vessel, towline, and rider. |
| 112 | (f) A person may not operate a vessel towing a commercial |
| 113 | parasailing rider so that the vessel, towline, or rider comes |
| 114 | within 600 feet of: |
| 115 | 1. An anchored vessel; |
| 116 | 2. A person in the water; |
| 117 | 3. The shore or seawall; or |
| 118 | 4. A structure, bridge, power line, wharf, pier, dock, |
| 119 | buoy, platform, piling, channel marker, or other similar object. |
| 120 | (g) Commercial parasailing is prohibited: |
| 121 | 1. On any body of water less than 2,000 feet in width in |
| 122 | its narrowest dimension from shore to shore in the area where |
| 123 | the parasailing activity is taking place; |
| 124 | 2. From sunset to sunrise and at all times during |
| 125 | restricted visibility as defined in the navigation rules; and |
| 126 | 3. When there is a sustained wind speed of 20 knots or |
| 127 | higher in the area of operation. |
| 128 | (h) Towlines used for commercial parasailing may not |
| 129 | exceed 600 feet in length. |
| 130 | (i) Commercial parasail operators shall launch riders only |
| 131 | from and recover riders only to the vessel's launch platform. |
| 132 | (j) No more than two persons may be tethered to the towing |
| 133 | vessel and ascend above the water at any time. |
| 134 | Section 3. This act shall take effect October 1, 2008. |