| 1 | A bill to be entitled |
| 2 | An act relating to commercial parasailing; amending s. |
| 3 | 327.02, F.S.; providing definition; creating 327.375; |
| 4 | providing a short title; requiring the owner of a vessel |
| 5 | engaged in commercial parasailing to obtain and carry an |
| 6 | insurance policy; providing minimum coverage from the |
| 7 | insurance policy; providing requirements for proof of |
| 8 | insurance; providing insurance information to be provided |
| 9 | to each rider; providing for launch and recovery of riders |
| 10 | from towing vessel; requiring a person engaged in |
| 11 | operating a vessel for commercial parasailing to have |
| 12 | certain licenses; requiring a minimum age for a person to |
| 13 | monitor the progress of a parasail rider; providing |
| 14 | requirements for operation of commercial parasailing |
| 15 | vessels; requiring certain equipment; providing times of |
| 16 | the day in which commercial parasailing is prohibited; |
| 17 | providing penalties; providing an effective date. |
| 18 |
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| 19 | Be It Enacted by the Legislature of the State of Florida: |
| 20 |
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| 21 | Section 1. Subsection (41) is added to section 327.02, |
| 22 | Florida Statutes, to read: |
| 23 | 327.02 Definitions of terms used in this chapter and in |
| 24 | chapter 328.--As used in this chapter and in chapter 328, unless |
| 25 | the context clearly requires a different meaning, the term: |
| 26 | (41) "Commercial parasailing" means providing or offering |
| 27 | to provide, for consideration, any activity involving the towing |
| 28 | of a person by a motorboat when: |
| 29 | (a) One or more persons are tethered to the towing vessel; |
| 30 | (b) The person or persons ascend above the water; and |
| 31 | (c) The person or persons remain suspended above the water |
| 32 | while the vessel is underway. |
| 33 | Section 2. Section 327.375, Florida Statutes, is created |
| 34 | to read: |
| 35 | 327.375 Commercial parasailing.-- |
| 36 | (1) This section may be cited as the "Amber May White |
| 37 | Act." |
| 38 | (2) The owner of a vessel engaged in commercial |
| 39 | parasailing may not offer or provide for consideration any |
| 40 | parasailing activity unless the owner first obtains and carries |
| 41 | in full force and effect a policy, from an insurance carrier |
| 42 | licensed in this state, insuring against any accident, loss, |
| 43 | injury, property damage, or other casualty caused by or |
| 44 | resulting from any commercial parasailing activity. The |
| 45 | insurance policy shall provide coverage of at least $500,000 per |
| 46 | person and $1 million per event. The owner must have proof of |
| 47 | such insurance available for inspection at the location wherever |
| 48 | commercial parasailing is offered or provided for consideration |
| 49 | and shall provide to each customer the insurance carrier's name |
| 50 | and address and the insurance policy number. |
| 51 | (3) A person engaged in commercial parasailing must meet |
| 52 | the following requirements: |
| 53 | (a) Commercial parasail operators shall launch riders only |
| 54 | from and recover riders only to the vessel. |
| 55 | (b) A person may not operate a vessel engaged in |
| 56 | commercial parasailing on the waters of this state unless the |
| 57 | person in charge of or in command of the vessel has a current |
| 58 | and valid license issued by the United States Coast Guard |
| 59 | authorizing that person to engage in carrying passengers for |
| 60 | hire. The license must be appropriate for the number of |
| 61 | passengers carried and the displacement of the vessel. The |
| 62 | license must be carried on the vessel and be available for |
| 63 | inspection while commercial parasailing activities are |
| 64 | conducted. |
| 65 | (c) A person may not operate a vessel for commercial |
| 66 | parasailing unless an observer 18 years of age or older is |
| 67 | present in the vessel at all times to monitor the progress of |
| 68 | any tethered parasail rider and parasail equipment. The observer |
| 69 | shall be attentive to the parasail rider or riders and |
| 70 | equipment. |
| 71 | (d) A person may not operate any vessel engaged in |
| 72 | commercial parasailing unless: |
| 73 | 1. All riders wear an appropriate floatation device |
| 74 | approved by the United States Coast Guard, other than an |
| 75 | inflatable device, that is in serviceable condition and of the |
| 76 | proper size; |
| 77 | 2. The vessel is in full compliance with all requirements |
| 78 | of the United States Coast Guard governing crewing and equipment |
| 79 | carriage for passenger-carrying vessels as specified in the Code |
| 80 | of Federal Regulations or as otherwise specified by the United |
| 81 | States Coast Guard in the vessel's certificate of inspection; |
| 82 | and |
| 83 | 3. The vessel is equipped with a functional VHF marine |
| 84 | transceiver. |
| 85 | (e) No more than two persons may be tethered to the towing |
| 86 | vessel and ascend above the water at any time. |
| 87 | (4) Commercial parasailing is prohibited from one-half |
| 88 | hour after sunset to one-half hour before sunrise. |
| 89 | (5) Any person convicted of violating this section commits |
| 90 | a misdemeanor of the second degree, punishable as provided in s. |
| 91 | 775.082 or s. 775.083. |
| 92 | Section 3. This act shall take effect October 1, 2008. |