Florida Senate - 2013                               CS for SB 64
       By the Committee on Regulated Industries; and Senators Sachs and
       580-03464-13                                            201364c1
    1                        A bill to be entitled                      
    2         An act relating to commercial parasailing; providing a
    3         short title; amending s. 327.02, F.S.; defining terms;
    4         creating s. 327.375, F.S.; requiring the operator of a
    5         vessel engaged in commercial parasailing to ensure
    6         that the requirements of s. 327.37, F.S., are met;
    7         requiring the owner of a vessel engaged in commercial
    8         parasailing to obtain and carry an insurance policy;
    9         providing minimum coverage requirements for the
   10         insurance policy; providing requirements for proof of
   11         insurance; specifying the insurance information that
   12         must be provided to each rider; prohibiting commercial
   13         parasailing unless certain conditions are met; and
   14         under certain weather conditions; requiring that a
   15         weather log be maintained and made available for
   16         inspection; providing a penalty; amending ss. 320.08,
   17         327.391, 328.17, 342.07, 713.78, and 715.07, F.S.;
   18         conforming cross-references to changes made by the
   19         act; providing an effective date.
   21  Be It Enacted by the Legislature of the State of Florida:
   23         Section 1. This act may be cited as the “White-Miskell
   24  Act.”
   25         Section 2. Section 327.02, Florida Statutes, is amended to
   26  read:
   27         327.02 Definitions of terms used in this chapter and in
   28  chapter 328.—As used in this chapter and in chapter 328, unless
   29  the context clearly requires a different meaning, the term:
   30         (1) “Airboat” means a vessel that is primarily designed for
   31  use in shallow waters and powered by an internal combustion
   32  engine with an airplane-type propeller mounted above the stern
   33  and used to push air across a set of rudders.
   34         (2) “Alien” means a person who is not a citizen of the
   35  United States.
   36         (3) “Boating accident” means a collision, accident, or
   37  casualty involving a vessel in or upon, or entering into or
   38  exiting from, the water, including capsizing, collision with
   39  another vessel or object, sinking, personal injury, death,
   40  disappearance of any person from on board under circumstances
   41  that which indicate the possibility of death or injury, or
   42  property damage to any vessel or dock.
   43         (4) “Canoe” means a light, narrow vessel with curved sides
   44  and with both ends pointed. A canoe-like vessel with a transom
   45  may not be excluded from the definition of a canoe if the width
   46  of its transom is less than 45 percent of the width of its beam
   47  or it has been designated as a canoe by the United States Coast
   48  Guard.
   49         (5)(a) “Commercial parasailing” means providing or offering
   50  to provide, for consideration, any activity involving the towing
   51  of a person by a motorboat when:
   52         1. One or more persons are tethered to the towing vessel;
   53         2. The person or persons ascend above the water; and
   54         3. The person or persons remain suspended under a canopy,
   55  chute, or parasail above the water while the vessel is underway.
   56         (b) The term does not include ultralight glider towing
   57  conducted under rules of the Federal Aviation Administration
   58  governing ultralight air vehicles as defined in 14 C.F.R. part
   59  103.
   60         (6)(5) “Commercial vessel” means:
   61         (a) Any vessel primarily engaged in the taking or landing
   62  of saltwater fish or saltwater products or freshwater fish or
   63  freshwater products, or any vessel licensed pursuant to s.
   64  379.361 from which commercial quantities of saltwater products
   65  are harvested, from within and without the waters of this state
   66  for sale either to the consumer, retail dealer, or wholesale
   67  dealer.
   68         (b) Any other vessel, except a recreational vessel as
   69  defined in this section.
   70         (7)(6) “Commission” means the Fish and Wildlife
   71  Conservation Commission.
   72         (8)(7) “Dealer” means any person authorized by the
   73  Department of Revenue to buy, sell, resell, or otherwise
   74  distribute vessels. Such person shall have a valid sales tax
   75  certificate of registration issued by the Department of Revenue
   76  and a valid commercial or occupational license required by any
   77  county, municipality, or political subdivision of the state in
   78  which the person operates.
   79         (9)(8) “Division” means the Division of Law Enforcement of
   80  the Fish and Wildlife Conservation Commission.
   81         (10)(9) “Documented vessel” means a vessel for which a
   82  valid certificate of documentation is outstanding pursuant to 46
   83  C.F.R. part 67.
   84         (11)(10) “Floating structure” means a floating entity, with
   85  or without accommodations built thereon, which is not primarily
   86  used as a means of transportation on water but which serves
   87  purposes or provides services typically associated with a
   88  structure or other improvement to real property. The term
   89  “floating structure” includes, but is not limited to, each
   90  entity used as a residence, place of business or office with
   91  public access, hotel or motel, restaurant or lounge, clubhouse,
   92  meeting facility, storage or parking facility, mining platform,
   93  dredge, dragline, or similar facility or entity represented as
   94  such. Floating structures are expressly excluded from the
   95  definition of the term “vessel” provided in this section.
   96  Incidental movement upon water or resting partially or entirely
   97  on the bottom does shall not, in and of itself, preclude an
   98  entity from classification as a floating structure.
   99         (12)(11) “Florida Intracoastal Waterway” means the Atlantic
  100  Intracoastal Waterway, the Georgia state line north of
  101  Fernandina to Miami; the Port Canaveral lock and canal to the
  102  Atlantic Intracoastal Waterway; the Atlantic Intracoastal
  103  Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to
  104  Fort Myers; the St. Johns River, Jacksonville to Sanford; the
  105  Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf
  106  Intracoastal Waterway, Carrabelle to Tampa Bay; Carrabelle to
  107  Anclote open bay section (using Gulf of Mexico); the Gulf
  108  Intracoastal Waterway, Carrabelle to the Alabama state line west
  109  of Pensacola; and the Apalachicola, Chattahoochee, and Flint
  110  Rivers in Florida.
  111         (13)(12) “Homemade vessel” means any vessel built after
  112  October 31, 1972, for which a federal hull identification number
  113  is not required to be assigned by the manufacturer pursuant to
  114  federal law, or any vessel constructed or assembled prior to
  115  November 1, 1972, by other than a licensed manufacturer for his
  116  or her own use or the use of a specific person. A vessel
  117  assembled from a manufacturer’s kit or constructed from an
  118  unfinished manufactured hull shall be considered to be a
  119  homemade vessel if such a vessel is not required to have a hull
  120  identification number assigned by the United States Coast Guard.
  121  A rebuilt or reconstructed vessel shall in no event be construed
  122  to be a homemade vessel.
  123         (14)(13) “Houseboat” means any vessel that which is used
  124  primarily as a residence for a minimum of 21 days during any 30
  125  day period, in a county of this state, and this residential use
  126  of the vessel is to the preclusion of the use of the vessel as a
  127  means of transportation.
  128         (15)(14) “Length” means the measurement from end to end
  129  over the deck parallel to the centerline excluding sheer.
  130         (16)(15) “Lien” means a security interest that which is
  131  reserved or created by a written agreement recorded with the
  132  Department of Highway Safety and Motor Vehicles pursuant to s.
  133  328.15 and that which secures payment or performance of an
  134  obligation and is generally valid against third parties.
  135         (17)(16) “Lienholder” means a person holding a security
  136  interest in a vessel, which interest is recorded with the
  137  Department of Highway Safety and Motor Vehicles pursuant to s.
  138  328.15.
  139         (18)(17) “Live-aboard vessel” means:
  140         (a) Any vessel used solely as a residence and not for
  141  navigation;
  142         (b) Any vessel represented as a place of business or a
  143  professional or other commercial enterprise; or
  144         (c) Any vessel for which a declaration of domicile has been
  145  filed pursuant to s. 222.17.
  147  A commercial fishing boat is expressly excluded from the term
  148  “live-aboard vessel.”
  149         (19)(18) “Livery vessel” means any vessel leased, rented,
  150  or chartered to another for consideration.
  151         (20)(19) “Manufactured vessel” means any vessel built after
  152  October 31, 1972, for which a federal hull identification number
  153  is required pursuant to federal law, or any vessel constructed
  154  or assembled prior to November 1, 1972, by a duly licensed
  155  manufacturer.
  156         (21)(20) “Marina” means a licensed commercial facility that
  157  which provides secured public moorings or dry storage for
  158  vessels on a leased basis. A commercial establishment authorized
  159  by a licensed vessel manufacturer as a dealership shall be
  160  considered a marina for nonjudicial sale purposes.
  161         (22)(21) “Marine sanitation device” means any equipment
  162  other than a toilet, for installation on board a vessel, which
  163  is designed to receive, retain, treat, or discharge sewage, and
  164  any process to treat such sewage. Marine sanitation device Types
  165  I, II, and III shall be defined as provided in 33 C.F.R. part
  166  159.
  167         (23)(22) “Marker” means any channel mark or other aid to
  168  navigation, information or regulatory mark, isolated danger
  169  mark, safe water mark, special mark, inland waters obstruction
  170  mark, or mooring buoy in, on, or over the waters of the state or
  171  the shores thereof, and includes, but is not limited to, a sign,
  172  beacon, buoy, or light.
  173         (24)(23) “Motorboat” means any vessel equipped with
  174  machinery for propulsion, irrespective of whether the propulsion
  175  machinery is in actual operation.
  176         (25)(24) “Muffler” means an automotive-style sound
  177  suppression device or system designed to effectively abate the
  178  sound of exhaust gases emitted from an internal combustion
  179  engine and prevent excessive sound when installed on such an
  180  engine.
  181         (26)(25) “Navigation rules” means the International
  182  Navigational Rules Act of 1977, 33 U.S.C. appendix following s.
  183  1602, as amended, including the annexes thereto, for vessels on
  184  waters outside of established navigational lines of demarcation
  185  as specified in 33 C.F.R. part 80 or the Inland Navigational
  186  Rules Act of 1980, 33 U.S.C. ss. 2001 et seq., as amended,
  187  including the annexes thereto, for vessels on all waters not
  188  outside of such lines of demarcation.
  189         (27)(26) “Nonresident” means a citizen of the United States
  190  who has not established residence in this state and has not
  191  continuously resided in this state for 1 year and in one county
  192  for the 6 months immediately preceding the initiation of a
  193  vessel titling or registration action.
  194         (28)(27) “Operate” means to be in charge of or in command
  195  of or in actual physical control of a vessel upon the waters of
  196  this state, or to exercise control over or to have
  197  responsibility for a vessel’s navigation or safety while the
  198  vessel is underway upon the waters of this state, or to control
  199  or steer a vessel being towed by another vessel upon the waters
  200  of the state.
  201         (29)(28) “Owner” means a person, other than a lienholder,
  202  having the property in or title to a vessel. The term includes a
  203  person entitled to the use or possession of a vessel subject to
  204  an interest in another person, reserved or created by agreement
  205  and securing payment of performance of an obligation, but the
  206  term excludes a lessee under a lease not intended as security.
  207         (30)(29) “Person” means an individual, partnership, firm,
  208  corporation, association, or other entity.
  209         (31)(30) “Personal watercraft” means a vessel less than 16
  210  feet in length which uses an inboard motor powering a water jet
  211  pump, as its primary source of motive power and which is
  212  designed to be operated by a person sitting, standing, or
  213  kneeling on the vessel, rather than in the conventional manner
  214  of sitting or standing inside the vessel.
  215         (32)(31) “Portable toilet” means a device consisting of a
  216  lid, seat, containment vessel, and support structure which that
  217  is specifically designed to receive, retain, and discharge human
  218  waste and which that is capable of being removed from a vessel
  219  by hand.
  220         (33)(32) “Prohibited activity” means such activity as will
  221  impede or disturb navigation or creates a safety hazard on
  222  waterways of this state.
  223         (34)(33) “Racing shell,” “rowing scull,” or “racing kayak”
  224  means a manually propelled vessel that which is recognized by
  225  national or international racing associations for use in
  226  competitive racing and in which all occupants, with the
  227  exception of a coxswain, if one is provided, row, scull, or
  228  paddle, and that which is not designed to carry and does not
  229  carry any equipment not solely for competitive racing.
  230         (35)(34) “Recreational vessel” means any vessel:
  231         (a) Manufactured and used primarily for noncommercial
  232  purposes; or
  233         (b) Leased, rented, or chartered to a person for the
  234  person’s noncommercial use.
  235         (36)(35) “Registration” means a state operating license on
  236  a vessel which is issued with an identifying number, an annual
  237  certificate of registration, and a decal designating the year
  238  for which a registration fee is paid.
  239         (37)(36) “Resident” means a citizen of the United States
  240  who has established residence in this state and has continuously
  241  resided in this state for 1 year and in one county for the 6
  242  months immediately preceding the initiation of a vessel titling
  243  or registration action.
  244         (38)(37) “Sailboat” means any vessel whose sole source of
  245  propulsion is the wind.
  246         (39)“Sustained wind speed” means a wind speed determined
  247  by averaging the observed wind speed rounded up to the nearest
  248  mile per hour over a 2-minute period.
  249         (40)(38) “Unclaimed vessel” means any undocumented vessel,
  250  including its machinery, rigging, and accessories, which is in
  251  the physical possession of any marina, garage, or repair shop
  252  for repairs, improvements, or other work with the knowledge of
  253  the vessel owner and for which the costs of such services have
  254  been unpaid for a period in excess of 90 days following from the
  255  date written notice of the completed work is given by the
  256  marina, garage, or repair shop to the vessel owner.
  257         (41)(39) “Vessel” is synonymous with boat as referenced in
  258  s. 1(b), Art. VII of the State Constitution and includes every
  259  description of watercraft, barge, and airboat, other than a
  260  seaplane on the water, used or capable of being used as a means
  261  of transportation on water.
  262         (42)(40) “Waters of this state” means any navigable waters
  263  of the United States within the territorial limits of this
  264  state, and the marginal sea adjacent to this state and the high
  265  seas when navigated as a part of a journey or ride to or from
  266  the shore of this state, and all the inland lakes, rivers, and
  267  canals under the jurisdiction of this state.
  268         Section 3. Section 327.375, Florida Statutes, is created to
  269  read:
  270         327.375Commercial parasailing.—
  271         (1) The operator of a vessel engaged in commercial
  272  parasailing shall, in addition to the provisions provided in
  273  this section, ensure that the provisions of s. 327.37 are met.
  274         (2) The owner or operator of a vessel engaged in commercial
  275  parasailing may not offer or provide for consideration any
  276  parasailing activity unless the owner or operator first obtains
  277  and carries in full force and effect a liability insurance
  278  policy, from an insurance carrier licensed in this state or
  279  approved by the Office of Insurance Regulation, or from an
  280  eligible surplus lines insurer. The liability insurance policy
  281  must provide bodily injury liability coverage in the amounts of
  282  at least $1 million per person and $2 million per occurrence.
  283  Proof of insurance must be available for inspection at the
  284  location where commercial parasailing is offered or provided for
  285  consideration, and each customer who requests it shall be
  286  provided with the insurance carrier’s name and address and the
  287  insurance policy number.
  288         (3) The operator of a vessel engaged in commercial
  289  parasailing must have a current and valid license issued by the
  290  United States Coast Guard authorizing that person to carry
  291  passengers for hire. The license must be appropriate for the
  292  number of passengers carried and the displacement of the vessel.
  293  The license must be carried on the vessel and be available for
  294  inspection while engaging in commercial parasailing activities.
  295         (4)A vessel engaged in commercial parasailing must be
  296  equipped with a functional VHF Marine transceiver and a separate
  297  electronic device capable of access to National Weather Service
  298  forecasts and current weather conditions.
  299         (5)(a) Commercial parasailing is prohibited when the
  300  current observed wind conditions in the area of operation
  301  include a sustained wind speed of more than 20 miles per hour,
  302  wind gusts of a difference of 15 miles per hour greater than the
  303  sustained wind speed, the wind speed during gusts exceeds 25
  304  miles per hour, rain or heavy fog results in reduced visibility
  305  of less than 0.5 mile, or when a known lightning storm comes
  306  within 7 miles of the parasailing area.
  307         (b) The operator of the vessel engaged in commercial
  308  parasailing shall use all available means to determine
  309  prevailing and forecasted weather conditions and must record
  310  this information in a weather log each time passengers are to be
  311  taken out on the water. The weather log must be available for
  312  inspection at all times at the place of business.
  313         (6) A person or operator who violates any provision of this
  314  section commits a misdemeanor of the second degree, punishable
  315  as provided in s. 775.082 or s. 775.083.
  316         Section 4. Paragraph (d) of subsection (5) of section
  317  320.08, Florida Statutes, is amended to read:
  318         320.08 License taxes.—Except as otherwise provided herein,
  319  there are hereby levied and imposed annual license taxes for the
  320  operation of motor vehicles, mopeds, motorized bicycles as
  321  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
  322  and mobile homes, as defined in s. 320.01, which shall be paid
  323  to and collected by the department or its agent upon the
  324  registration or renewal of registration of the following:
  327         (d) A wrecker, as defined in s. 320.01(40), which is used
  328  to tow a vessel as defined in s. 327.02(41) s. 327.02(39), a
  329  disabled, abandoned, stolen-recovered, or impounded motor
  330  vehicle as defined in s. 320.01(38), or a replacement motor
  331  vehicle as defined in s. 320.01(39): $41 flat, of which $11
  332  shall be deposited into the General Revenue Fund.
  333         Section 5. Subsection (1) of section 327.391, Florida
  334  Statutes, is amended to read:
  335         327.391 Airboats regulated.—
  336         (1) The exhaust of every internal combustion engine used on
  337  any airboat operated on the waters of this state shall be
  338  provided with an automotive-style factory muffler, underwater
  339  exhaust, or other manufactured device capable of adequately
  340  muffling the sound of the exhaust of the engine as described in
  341  s. 327.02(25) s. 327.02(24). The use of cutouts or flex pipe as
  342  the sole source of muffling is prohibited, except as provided in
  343  subsection (4). Any person who violates this subsection commits
  344  a noncriminal infraction punishable as provided in s. 327.73(1).
  345         Section 6. Subsection (4) of section 328.17, Florida
  346  Statutes, is amended to read:
  347         328.17 Nonjudicial sale of vessels.—
  348         (4) A marina, as defined in s. 327.02(21) s. 327.02(20),
  349  shall have:
  350         (a) A possessory lien upon any vessel for storage fees,
  351  dockage fees, repairs, improvements, or other work-related
  352  storage charges, and for expenses necessary for preservation of
  353  the vessel or expenses reasonably incurred in the sale or other
  354  disposition of the vessel. The possessory lien shall attach as
  355  of the date the vessel is brought to the marina or as of the
  356  date the vessel first occupies rental space at the marina
  357  facility.
  358         (b) A possessory lien upon any vessel in a wrecked, junked,
  359  or substantially dismantled condition, which has been left
  360  abandoned at a marina, for expenses reasonably incurred in the
  361  removal and disposal of the vessel. The possessory lien shall
  362  attach as of the date the vessel arrives at the marina or as of
  363  the date the vessel first occupies rental space at the marina
  364  facility. If the funds recovered from the sale of the vessel, or
  365  from the scrap or salvage value of the vessel, are insufficient
  366  to cover the expenses reasonably incurred by the marina in
  367  removing and disposing of the vessel, all costs in excess of
  368  recovery shall be recoverable against the owner of the vessel.
  369  For a vessel damaged as a result of a named storm, the
  370  provisions of this paragraph shall be suspended for 60 days
  371  following the date the vessel is damaged in the named storm. The
  372  operation of the provisions specified in this paragraph run
  373  concurrently with, and do not extend, the 60-day notice periods
  374  provided in subsections (5) and (7).
  375         Section 7. Subsection (2) of section 342.07, Florida
  376  Statutes, is amended to read:
  377         342.07 Recreational and commercial working waterfronts;
  378  legislative findings; definitions.—
  379         (2) As used in this section, the term “recreational and
  380  commercial working waterfront” means a parcel or parcels of real
  381  property which that provide access for water-dependent
  382  commercial activities, including hotels and motels as defined in
  383  s. 509.242(1), or provide access for the public to the navigable
  384  waters of the state. Recreational and commercial working
  385  waterfronts require direct access to or a location on, over, or
  386  adjacent to a navigable body of water. The term includes water
  387  dependent facilities that are open to the public and offer
  388  public access by vessels to the waters of the state or that are
  389  support facilities for recreational, commercial, research, or
  390  governmental vessels. These facilities include public lodging
  391  establishments, docks, wharfs, lifts, wet and dry marinas, boat
  392  ramps, boat hauling and repair facilities, commercial fishing
  393  facilities, boat construction facilities, and other support
  394  structures over the water. As used in this section, the term
  395  “vessel” has the same meaning as in s. 327.02(41) s. 327.02(39).
  396  Seaports are excluded from the definition.
  397         Section 8. Paragraph (b) of subsection (1) of section
  398  713.78, Florida Statutes, is amended to read:
  399         713.78 Liens for recovering, towing, or storing vehicles
  400  and vessels.—
  401         (1) For the purposes of this section, the term:
  402         (b) “Vessel” means every description of watercraft, barge,
  403  and airboat used or capable of being used as a means of
  404  transportation on water, other than a seaplane or a “documented
  405  vessel” as defined in s. 327.02(10) s. 327.02(9).
  406         Section 9. Paragraph (b) of subsection (1) of section
  407  715.07, Florida Statutes, is amended to read:
  408         715.07 Vehicles or vessels parked on private property;
  409  towing.—
  410         (1) As used in this section, the term:
  411         (b) “Vessel” means every description of watercraft, barge,
  412  and airboat used or capable of being used as a means of
  413  transportation on water, other than a seaplane or a “documented
  414  vessel” as defined in s. 327.02(10) s. 327.02(9).
  415         Section 10. This act shall take effect October 1, 2013.