CS/HB 919

1
A bill to be entitled
2An act relating to commercial parasailing; amending s.
3327.02, F.S.; providing definition; creating 327.375;
4providing a short title; requiring the owner of a vessel
5engaged in commercial parasailing to obtain and carry an
6insurance policy; providing minimum coverage from the
7insurance policy; providing requirements for proof of
8insurance; providing insurance information to be provided
9to each rider; providing for launch and recovery of riders
10from towing vessel; requiring a person engaged in
11operating a vessel for commercial parasailing to have
12certain licenses; requiring a minimum age for a person to
13monitor the progress of a parasail rider; providing
14requirements for operation of commercial parasailing
15vessels; requiring certain equipment; providing times of
16the day in which commercial parasailing is prohibited;
17providing penalties; providing an effective date.
18
19Be It Enacted by the Legislature of the State of Florida:
20
21     Section 1.  Subsection (41) is added to section 327.02,
22Florida Statutes, to read:
23     327.02  Definitions of terms used in this chapter and in
24chapter 328.--As used in this chapter and in chapter 328, unless
25the context clearly requires a different meaning, the term:
26     (41)  "Commercial parasailing" means providing or offering
27to provide, for consideration, any activity involving the towing
28of 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
32while the vessel is underway.
33     Section 2.  Section 327.375, Florida Statutes, is created
34to read:
35     327.375  Commercial parasailing.--
36     (1)  This section may be cited as the "Amber May White
37Act."
38     (2)  The owner of a vessel engaged in commercial
39parasailing may not offer or provide for consideration any
40parasailing activity unless the owner first obtains and carries
41in full force and effect a policy, from an insurance carrier
42licensed in this state, insuring against any accident, loss,
43injury, property damage, or other casualty caused by or
44resulting from any commercial parasailing activity. The
45insurance policy shall provide coverage of at least $500,000 per
46person and $1 million per event. The owner must have proof of
47such insurance available for inspection at the location wherever
48commercial parasailing is offered or provided for consideration
49and shall provide to each customer the insurance carrier's name
50and address and the insurance policy number.
51     (3)  A person engaged in commercial parasailing must meet
52the following requirements:
53     (a)  Commercial parasail operators shall launch riders only
54from and recover riders only to the vessel.
55     (b)  A person may not operate a vessel engaged in
56commercial parasailing on the waters of this state unless the
57person in charge of or in command of the vessel has a current
58and valid license issued by the United States Coast Guard
59authorizing that person to engage in carrying passengers for
60hire. The license must be appropriate for the number of
61passengers carried and the displacement of the vessel. The
62license must be carried on the vessel and be available for
63inspection while commercial parasailing activities are
64conducted.
65     (c)  A person may not operate a vessel for commercial
66parasailing unless an observer 18 years of age or older is
67present in the vessel at all times to monitor the progress of
68any tethered parasail rider and parasail equipment. The observer
69shall be attentive to the parasail rider or riders and
70equipment.
71     (d)  A person may not operate any vessel engaged in
72commercial parasailing unless:
73     1.  All riders wear an appropriate floatation device
74approved by the United States Coast Guard, other than an
75inflatable device, that is in serviceable condition and of the
76proper size;
77     2.  The vessel is in full compliance with all requirements
78of the United States Coast Guard governing crewing and equipment
79carriage for passenger-carrying vessels as specified in the Code
80of Federal Regulations or as otherwise specified by the United
81States Coast Guard in the vessel's certificate of inspection;
82and
83     3.  The vessel is equipped with a functional VHF marine
84transceiver.
85     (e)  No more than two persons may be tethered to the towing
86vessel and ascend above the water at any time.
87     (4)  Commercial parasailing is prohibited from one-half
88hour after sunset to one-half hour before sunrise.
89     (5)  Any person convicted of violating this section commits
90a misdemeanor of the second degree, punishable as provided in s.
91775.082 or s. 775.083.
92     Section 3.  This act shall take effect October 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.