Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 64
                                Barcode 949474                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/03/2013           .                                

       The Committee on Regulated Industries (Sachs) recommended the
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “White-Miskell
    6  Act.”
    7         Section 2. Section 327.02, Florida Statutes, is amended to
    8  read:
    9         327.02 Definitions of terms used in this chapter and in
   10  chapter 328.—As used in this chapter and in chapter 328, unless
   11  the context clearly requires a different meaning, the term:
   12         (1) “Airboat” means a vessel that is primarily designed for
   13  use in shallow waters and powered by an internal combustion
   14  engine with an airplane-type propeller mounted above the stern
   15  and used to push air across a set of rudders.
   16         (2) “Alien” means a person who is not a citizen of the
   17  United States.
   18         (3) “Boating accident” means a collision, accident, or
   19  casualty involving a vessel in or upon, or entering into or
   20  exiting from, the water, including capsizing, collision with
   21  another vessel or object, sinking, personal injury, death,
   22  disappearance of any person from on board under circumstances
   23  that which indicate the possibility of death or injury, or
   24  property damage to any vessel or dock.
   25         (4) “Canoe” means a light, narrow vessel with curved sides
   26  and with both ends pointed. A canoe-like vessel with a transom
   27  may not be excluded from the definition of a canoe if the width
   28  of its transom is less than 45 percent of the width of its beam
   29  or it has been designated as a canoe by the United States Coast
   30  Guard.
   31         (5)(a) “Commercial parasailing” means providing or offering
   32  to provide, for consideration, any activity involving the towing
   33  of a person by a motorboat when:
   34         1. One or more persons are tethered to the towing vessel;
   35         2. The person or persons ascend above the water; and
   36         3. The person or persons remain suspended under a canopy,
   37  chute, or parasail above the water while the vessel is underway.
   38         (b) The term does not include ultralight glider towing
   39  conducted under rules of the Federal Aviation Administration
   40  governing ultralight air vehicles as defined in 14 C.F.R. part
   41  103.
   42         (6)(5) “Commercial vessel” means:
   43         (a) Any vessel primarily engaged in the taking or landing
   44  of saltwater fish or saltwater products or freshwater fish or
   45  freshwater products, or any vessel licensed pursuant to s.
   46  379.361 from which commercial quantities of saltwater products
   47  are harvested, from within and without the waters of this state
   48  for sale either to the consumer, retail dealer, or wholesale
   49  dealer.
   50         (b) Any other vessel, except a recreational vessel as
   51  defined in this section.
   52         (7)(6) “Commission” means the Fish and Wildlife
   53  Conservation Commission.
   54         (8)(7) “Dealer” means any person authorized by the
   55  Department of Revenue to buy, sell, resell, or otherwise
   56  distribute vessels. Such person shall have a valid sales tax
   57  certificate of registration issued by the Department of Revenue
   58  and a valid commercial or occupational license required by any
   59  county, municipality, or political subdivision of the state in
   60  which the person operates.
   61         (9)(8) “Division” means the Division of Law Enforcement of
   62  the Fish and Wildlife Conservation Commission.
   63         (10)(9) “Documented vessel” means a vessel for which a
   64  valid certificate of documentation is outstanding pursuant to 46
   65  C.F.R. part 67.
   66         (11)(10) “Floating structure” means a floating entity, with
   67  or without accommodations built thereon, which is not primarily
   68  used as a means of transportation on water but which serves
   69  purposes or provides services typically associated with a
   70  structure or other improvement to real property. The term
   71  “floating structure” includes, but is not limited to, each
   72  entity used as a residence, place of business or office with
   73  public access, hotel or motel, restaurant or lounge, clubhouse,
   74  meeting facility, storage or parking facility, mining platform,
   75  dredge, dragline, or similar facility or entity represented as
   76  such. Floating structures are expressly excluded from the
   77  definition of the term “vessel” provided in this section.
   78  Incidental movement upon water or resting partially or entirely
   79  on the bottom does shall not, in and of itself, preclude an
   80  entity from classification as a floating structure.
   81         (12)(11) “Florida Intracoastal Waterway” means the Atlantic
   82  Intracoastal Waterway, the Georgia state line north of
   83  Fernandina to Miami; the Port Canaveral lock and canal to the
   84  Atlantic Intracoastal Waterway; the Atlantic Intracoastal
   85  Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to
   86  Fort Myers; the St. Johns River, Jacksonville to Sanford; the
   87  Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf
   88  Intracoastal Waterway, Carrabelle to Tampa Bay; Carrabelle to
   89  Anclote open bay section (using Gulf of Mexico); the Gulf
   90  Intracoastal Waterway, Carrabelle to the Alabama state line west
   91  of Pensacola; and the Apalachicola, Chattahoochee, and Flint
   92  Rivers in Florida.
   93         (13)(12) “Homemade vessel” means any vessel built after
   94  October 31, 1972, for which a federal hull identification number
   95  is not required to be assigned by the manufacturer pursuant to
   96  federal law, or any vessel constructed or assembled prior to
   97  November 1, 1972, by other than a licensed manufacturer for his
   98  or her own use or the use of a specific person. A vessel
   99  assembled from a manufacturer’s kit or constructed from an
  100  unfinished manufactured hull shall be considered to be a
  101  homemade vessel if such a vessel is not required to have a hull
  102  identification number assigned by the United States Coast Guard.
  103  A rebuilt or reconstructed vessel shall in no event be construed
  104  to be a homemade vessel.
  105         (14)(13) “Houseboat” means any vessel that which is used
  106  primarily as a residence for a minimum of 21 days during any 30
  107  day period, in a county of this state, and this residential use
  108  of the vessel is to the preclusion of the use of the vessel as a
  109  means of transportation.
  110         (15)(14) “Length” means the measurement from end to end
  111  over the deck parallel to the centerline excluding sheer.
  112         (16)(15) “Lien” means a security interest that which is
  113  reserved or created by a written agreement recorded with the
  114  Department of Highway Safety and Motor Vehicles pursuant to s.
  115  328.15 and that which secures payment or performance of an
  116  obligation and is generally valid against third parties.
  117         (17)(16) “Lienholder” means a person holding a security
  118  interest in a vessel, which interest is recorded with the
  119  Department of Highway Safety and Motor Vehicles pursuant to s.
  120  328.15.
  121         (18)(17) “Live-aboard vessel” means:
  122         (a) Any vessel used solely as a residence and not for
  123  navigation;
  124         (b) Any vessel represented as a place of business or a
  125  professional or other commercial enterprise; or
  126         (c) Any vessel for which a declaration of domicile has been
  127  filed pursuant to s. 222.17.
  129         A commercial fishing boat is expressly excluded from the
  130  term “live-aboard vessel.”
  131         (19)(18) “Livery vessel” means any vessel leased, rented,
  132  or chartered to another for consideration.
  133         (20)(19) “Manufactured vessel” means any vessel built after
  134  October 31, 1972, for which a federal hull identification number
  135  is required pursuant to federal law, or any vessel constructed
  136  or assembled prior to November 1, 1972, by a duly licensed
  137  manufacturer.
  138         (21)(20) “Marina” means a licensed commercial facility that
  139  which provides secured public moorings or dry storage for
  140  vessels on a leased basis. A commercial establishment authorized
  141  by a licensed vessel manufacturer as a dealership shall be
  142  considered a marina for nonjudicial sale purposes.
  143         (22)(21) “Marine sanitation device” means any equipment
  144  other than a toilet, for installation on board a vessel, which
  145  is designed to receive, retain, treat, or discharge sewage, and
  146  any process to treat such sewage. Marine sanitation device Types
  147  I, II, and III shall be defined as provided in 33 C.F.R. part
  148  159.
  149         (23)(22) “Marker” means any channel mark or other aid to
  150  navigation, information or regulatory mark, isolated danger
  151  mark, safe water mark, special mark, inland waters obstruction
  152  mark, or mooring buoy in, on, or over the waters of the state or
  153  the shores thereof, and includes, but is not limited to, a sign,
  154  beacon, buoy, or light.
  155         (24)(23) “Motorboat” means any vessel equipped with
  156  machinery for propulsion, irrespective of whether the propulsion
  157  machinery is in actual operation.
  158         (25)(24) “Muffler” means an automotive-style sound
  159  suppression device or system designed to effectively abate the
  160  sound of exhaust gases emitted from an internal combustion
  161  engine and prevent excessive sound when installed on such an
  162  engine.
  163         (26)(25) “Navigation rules” means the International
  164  Navigational Rules Act of 1977, 33 U.S.C. appendix following s.
  165  1602, as amended, including the annexes thereto, for vessels on
  166  waters outside of established navigational lines of demarcation
  167  as specified in 33 C.F.R. part 80 or the Inland Navigational
  168  Rules Act of 1980, 33 U.S.C. ss. 2001 et seq., as amended,
  169  including the annexes thereto, for vessels on all waters not
  170  outside of such lines of demarcation.
  171         (27)(26) “Nonresident” means a citizen of the United States
  172  who has not established residence in this state and has not
  173  continuously resided in this state for 1 year and in one county
  174  for the 6 months immediately preceding the initiation of a
  175  vessel titling or registration action.
  176         (28)(27) “Operate” means to be in charge of or in command
  177  of or in actual physical control of a vessel upon the waters of
  178  this state, or to exercise control over or to have
  179  responsibility for a vessel’s navigation or safety while the
  180  vessel is underway upon the waters of this state, or to control
  181  or steer a vessel being towed by another vessel upon the waters
  182  of the state.
  183         (29)(28) “Owner” means a person, other than a lienholder,
  184  having the property in or title to a vessel. The term includes a
  185  person entitled to the use or possession of a vessel subject to
  186  an interest in another person, reserved or created by agreement
  187  and securing payment of performance of an obligation, but the
  188  term excludes a lessee under a lease not intended as security.
  189         (30)(29) “Person” means an individual, partnership, firm,
  190  corporation, association, or other entity.
  191         (31)(30) “Personal watercraft” means a vessel less than 16
  192  feet in length which uses an inboard motor powering a water jet
  193  pump, as its primary source of motive power and which is
  194  designed to be operated by a person sitting, standing, or
  195  kneeling on the vessel, rather than in the conventional manner
  196  of sitting or standing inside the vessel.
  197         (32)(31) “Portable toilet” means a device consisting of a
  198  lid, seat, containment vessel, and support structure which that
  199  is specifically designed to receive, retain, and discharge human
  200  waste and which that is capable of being removed from a vessel
  201  by hand.
  202         (33)(32) “Prohibited activity” means such activity as will
  203  impede or disturb navigation or creates a safety hazard on
  204  waterways of this state.
  205         (34)(33) “Racing shell,” “rowing scull,” or “racing kayak”
  206  means a manually propelled vessel that which is recognized by
  207  national or international racing associations for use in
  208  competitive racing and in which all occupants, with the
  209  exception of a coxswain, if one is provided, row, scull, or
  210  paddle, and that which is not designed to carry and does not
  211  carry any equipment not solely for competitive racing.
  212         (35)(34) “Recreational vessel” means any vessel:
  213         (a) Manufactured and used primarily for noncommercial
  214  purposes; or
  215         (b) Leased, rented, or chartered to a person for the
  216  person’s noncommercial use.
  217         (36)(35) “Registration” means a state operating license on
  218  a vessel which is issued with an identifying number, an annual
  219  certificate of registration, and a decal designating the year
  220  for which a registration fee is paid.
  221         (37)(36) “Resident” means a citizen of the United States
  222  who has established residence in this state and has continuously
  223  resided in this state for 1 year and in one county for the 6
  224  months immediately preceding the initiation of a vessel titling
  225  or registration action.
  226         (38)(37) “Sailboat” means any vessel whose sole source of
  227  propulsion is the wind.
  228         (39)“Sustained wind speed” means a wind speed determined
  229  by averaging the observed wind speed rounded up to the nearest
  230  mile per hour over a 2-minute period.
  231         (40)(38) “Unclaimed vessel” means any undocumented vessel,
  232  including its machinery, rigging, and accessories, which is in
  233  the physical possession of any marina, garage, or repair shop
  234  for repairs, improvements, or other work with the knowledge of
  235  the vessel owner and for which the costs of such services have
  236  been unpaid for a period in excess of 90 days following from the
  237  date written notice of the completed work is given by the
  238  marina, garage, or repair shop to the vessel owner.
  239         (41)(39) “Vessel” is synonymous with boat as referenced in
  240  s. 1(b), Art. VII of the State Constitution and includes every
  241  description of watercraft, barge, and airboat, other than a
  242  seaplane on the water, used or capable of being used as a means
  243  of transportation on water.
  244         (42)(40) “Waters of this state” means any navigable waters
  245  of the United States within the territorial limits of this
  246  state, and the marginal sea adjacent to this state and the high
  247  seas when navigated as a part of a journey or ride to or from
  248  the shore of this state, and all the inland lakes, rivers, and
  249  canals under the jurisdiction of this state.
  250         Section 3. Section 327.375, Florida Statutes, is created to
  251  read:
  252         327.375Commercial parasailing.—
  253         (1) The operator of a vessel engaged in commercial
  254  parasailing shall, in addition to the provisions provided in
  255  this section, ensure that the provisions of s. 327.37 are met.
  256         (2) The owner or operator of a vessel engaged in commercial
  257  parasailing may not offer or provide for consideration any
  258  parasailing activity unless the owner or operator first obtains
  259  and carries in full force and effect a liability insurance
  260  policy, from an insurance carrier licensed in this state or
  261  approved by the Office of Insurance Regulation, or from an
  262  eligible surplus lines insurer. The liability insurance policy
  263  must provide bodily injury liability coverage in the amounts of
  264  at least $1 million per person and $2 million per occurrence.
  265  Proof of insurance must be available for inspection at the
  266  location where commercial parasailing is offered or provided for
  267  consideration, and each customer who requests it shall be
  268  provided with the insurance carrier’s name and address and the
  269  insurance policy number.
  270         (3) The operator of a vessel engaged in commercial
  271  parasailing must have a current and valid license issued by the
  272  United States Coast Guard authorizing that person to carry
  273  passengers for hire. The license must be appropriate for the
  274  number of passengers carried and the displacement of the vessel.
  275  The license must be carried on the vessel and be available for
  276  inspection while engaging in commercial parasailing activities.
  277         (4)A vessel engaged in commercial parasailing must be
  278  equipped with a functional VHF Marine transceiver and a separate
  279  electronic device capable of access to National Weather Service
  280  forecasts and current weather conditions.
  281         (5)(a) Commercial parasailing is prohibited when the
  282  current observed wind conditions in the area of operation
  283  include a sustained wind speed of more than 20 miles per hour,
  284  wind gusts of a difference of 15 miles per hour greater than the
  285  sustained wind speed, the wind speed during gusts exceeds 25
  286  miles per hour, rain or heavy fog results in reduced visibility
  287  of less than 0.5 mile, or when a known lightning storm comes
  288  within 7 miles of the parasailing area.
  289         (b) The operator of the vessel engaged in commercial
  290  parasailing shall use all available means to determine
  291  prevailing and forecasted weather conditions and must record
  292  this information in a weather log each time passengers are to be
  293  taken out on the water. The weather log must be available for
  294  inspection at all times at the place of business.
  295         (6) A person or operator who violates any provision of this
  296  section commits a misdemeanor of the second degree, punishable
  297  as provided in s. 775.082 or s. 775.083.
  298         Section 4. Paragraph (d) of subsection (5) of section
  299  320.08, Florida Statutes, is amended to read:
  300         320.08 License taxes.—Except as otherwise provided herein,
  301  there are hereby levied and imposed annual license taxes for the
  302  operation of motor vehicles, mopeds, motorized bicycles as
  303  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
  304  and mobile homes, as defined in s. 320.01, which shall be paid
  305  to and collected by the department or its agent upon the
  306  registration or renewal of registration of the following:
  309         (d) A wrecker, as defined in s. 320.01(40), which is used
  310  to tow a vessel as defined in s. 327.02(41) s. 327.02(39), a
  311  disabled, abandoned, stolen-recovered, or impounded motor
  312  vehicle as defined in s. 320.01(38), or a replacement motor
  313  vehicle as defined in s. 320.01(39): $41 flat, of which $11
  314  shall be deposited into the General Revenue Fund.
  315         Section 5. Subsection (1) of section 327.391, Florida
  316  Statutes, is amended to read:
  317         327.391 Airboats regulated.—
  318         (1) The exhaust of every internal combustion engine used on
  319  any airboat operated on the waters of this state shall be
  320  provided with an automotive-style factory muffler, underwater
  321  exhaust, or other manufactured device capable of adequately
  322  muffling the sound of the exhaust of the engine as described in
  323  s. 327.02(25) s. 327.02(24). The use of cutouts or flex pipe as
  324  the sole source of muffling is prohibited, except as provided in
  325  subsection (4). Any person who violates this subsection commits
  326  a noncriminal infraction punishable as provided in s. 327.73(1).
  327         Section 6. Subsection (4) of section 328.17, Florida
  328  Statutes, is amended to read:
  329         328.17 Nonjudicial sale of vessels.—
  330         (4) A marina, as defined in s. 327.02(21) s. 327.02(20),
  331  shall have:
  332         (a) A possessory lien upon any vessel for storage fees,
  333  dockage fees, repairs, improvements, or other work-related
  334  storage charges, and for expenses necessary for preservation of
  335  the vessel or expenses reasonably incurred in the sale or other
  336  disposition of the vessel. The possessory lien shall attach as
  337  of the date the vessel is brought to the marina or as of the
  338  date the vessel first occupies rental space at the marina
  339  facility.
  340         (b) A possessory lien upon any vessel in a wrecked, junked,
  341  or substantially dismantled condition, which has been left
  342  abandoned at a marina, for expenses reasonably incurred in the
  343  removal and disposal of the vessel. The possessory lien shall
  344  attach as of the date the vessel arrives at the marina or as of
  345  the date the vessel first occupies rental space at the marina
  346  facility. If the funds recovered from the sale of the vessel, or
  347  from the scrap or salvage value of the vessel, are insufficient
  348  to cover the expenses reasonably incurred by the marina in
  349  removing and disposing of the vessel, all costs in excess of
  350  recovery shall be recoverable against the owner of the vessel.
  351  For a vessel damaged as a result of a named storm, the
  352  provisions of this paragraph shall be suspended for 60 days
  353  following the date the vessel is damaged in the named storm. The
  354  operation of the provisions specified in this paragraph run
  355  concurrently with, and do not extend, the 60-day notice periods
  356  provided in subsections (5) and (7).
  357         Section 7. Subsection (2) of section 342.07, Florida
  358  Statutes, is amended to read:
  359         342.07 Recreational and commercial working waterfronts;
  360  legislative findings; definitions.—
  361         (2) As used in this section, the term “recreational and
  362  commercial working waterfront” means a parcel or parcels of real
  363  property which that provide access for water-dependent
  364  commercial activities, including hotels and motels as defined in
  365  s. 509.242(1), or provide access for the public to the navigable
  366  waters of the state. Recreational and commercial working
  367  waterfronts require direct access to or a location on, over, or
  368  adjacent to a navigable body of water. The term includes water
  369  dependent facilities that are open to the public and offer
  370  public access by vessels to the waters of the state or that are
  371  support facilities for recreational, commercial, research, or
  372  governmental vessels. These facilities include public lodging
  373  establishments, docks, wharfs, lifts, wet and dry marinas, boat
  374  ramps, boat hauling and repair facilities, commercial fishing
  375  facilities, boat construction facilities, and other support
  376  structures over the water. As used in this section, the term
  377  “vessel” has the same meaning as in s. 327.02(41) s. 327.02(39).
  378  Seaports are excluded from the definition.
  379         Section 8. Paragraph (b) of subsection (1) of section
  380  713.78, Florida Statutes, is amended to read:
  381         713.78 Liens for recovering, towing, or storing vehicles
  382  and vessels.—
  383         (1) For the purposes of this section, the term:
  384         (b) “Vessel” means every description of watercraft, barge,
  385  and airboat used or capable of being used as a means of
  386  transportation on water, other than a seaplane or a “documented
  387  vessel” as defined in s. 327.02(10) s. 327.02(9).
  388         Section 9. Paragraph (b) of subsection (1) of section
  389  715.07, Florida Statutes, is amended to read:
  390         715.07 Vehicles or vessels parked on private property;
  391  towing.—
  392         (1) As used in this section, the term:
  393         (b) “Vessel” means every description of watercraft, barge,
  394  and airboat used or capable of being used as a means of
  395  transportation on water, other than a seaplane or a “documented
  396  vessel” as defined in s. 327.02(10) s. 327.02(9).
  397         Section 10. This act shall take effect October 1, 2013.
  400  ================= T I T L E  A M E N D M E N T ================
  401         And the title is amended as follows:
  402         Delete everything before the enacting clause
  403  and insert:
  404                        A bill to be entitled                      
  405         An act relating to commercial parasailing; providing a
  406         short title; amending s. 327.02, F.S.; defining terms;
  407         creating s. 327.375, F.S.; requiring the operator of a
  408         vessel engaged in commercial parasailing to ensure
  409         that the requirements of s. 327.37, F.S., are met;
  410         requiring the owner of a vessel engaged in commercial
  411         parasailing to obtain and carry an insurance policy;
  412         providing minimum coverage requirements for the
  413         insurance policy; providing requirements for proof of
  414         insurance; specifying the insurance information that
  415         must be provided to each rider; prohibiting commercial
  416         parasailing unless certain conditions are met; and
  417         under certain weather conditions; requiring that a
  418         weather log be maintained and made available for
  419         inspection; providing a penalty; amending ss. 320.08,
  420         327.391, 328.17, 342.07, 713.78, and 715.07, F.S.;
  421         conforming cross-references to changes made by the
  422         act; providing an effective date.