Florida Senate - 2013                                     SB 830
       
       
       
       By Senator Latvala
       
       
       
       
       20-00564A-13                                           2013830__
    1                        A bill to be entitled                      
    2         An act relating to vessels; providing a short title;
    3         amending s. 327.37, F.S.; prohibiting a person under a
    4         certain age from operating a vessel towing a person;
    5         providing exceptions; reenacting s. 327.73(1)(i),
    6         F.S., relating to noncriminal infractions, to
    7         incorporate changes made by the act; providing an
    8         effective date.
    9  
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. This act may be cited as “Deviny’s Law.”
   13         Section 2. Section 327.37, Florida Statutes, is amended to
   14  read:
   15         327.37 Water skis, parasails, and aquaplanes regulated.—
   16         (1)(a) A person may not operate a vessel on any waters of
   17  this state towing a person on water skis, or an aquaplane, or
   18  similar device unless there is in such vessel a person, in
   19  addition to the operator, in a position to observe the progress
   20  of the person being towed, or the vessel is equipped with a
   21  wide-angle rear view mirror mounted in such manner as to permit
   22  the operator of the vessel to observe the progress of the person
   23  being towed. This subsection does not apply to class A
   24  motorboats operated by the person being towed and designed to be
   25  incapable of carrying the operator in the motorboat.
   26         (b) A person may not operate a vessel on any waters of this
   27  state towing a person attached to a parasail or similar device
   28  unless there is a person in the vessel, in addition to the
   29  operator, in a position to observe the progress of the person
   30  being towed. A wide-angle rear view mirror is not acceptable for
   31  this purpose.
   32         (c) A person younger than 18 years of age may not operate a
   33  vessel on any waters of this state towing a person in, on, or
   34  above the water unless there is a person in the vessel who is at
   35  least 18 years of age and in a position to observe the progress
   36  of the vessel and the person being towed.
   37         (2)(a) A person may not engage in water skiing,
   38  parasailing, aquaplaning, or any similar activity at any time
   39  between the hours from one-half hour after sunset to one-half
   40  hour before sunrise.
   41         (b) A person may not engage in water skiing, parasailing,
   42  aquaplaning, or any similar activity unless such person is
   43  wearing a noninflatable type I, type II, type III, or type V
   44  personal flotation device approved by the United States Coast
   45  Guard.
   46         (3) The provisions of subsections (1) and (2) do not apply
   47  to a performer engaged in a professional exhibition or a person
   48  preparing to participate or participating in an official
   49  regatta, boat race, marine parade, tournament, or exhibition
   50  held pursuant to s. 327.48.
   51         (4) A person may not operate or manipulate any vessel, tow
   52  rope, or other device by which the direction or location of
   53  water skis, parasail, aquaplane, innertube, sled, or similar
   54  device may be affected or controlled, in such a way as to cause
   55  the water skis, parasail, aquaplane, innertube, sled, or similar
   56  device or any person thereon to collide or strike against or be
   57  likely to collide or strike against any vessel, bridge, wharf,
   58  pier, dock, buoy, platform, piling, channel marker, or other
   59  object, except slalom buoys, ski jumps, or like objects used
   60  normally in competitive or recreational skiing.
   61         (5) A person may not operate any vessel towing a parasail
   62  or engage in parasailing within 100 feet of the marked channel
   63  of the Florida Intracoastal Waterway.
   64         Section 3. For the purpose of incorporating the amendment
   65  made by this act to section 327.37, Florida Statutes, in a
   66  reference thereto, paragraph (i) of subsection (1) of section
   67  327.73, Florida Statutes, is reenacted to read:
   68         327.73 Noncriminal infractions.—
   69         (1) Violations of the following provisions of the vessel
   70  laws of this state are noncriminal infractions:
   71         (i) Section 327.37, relating to water skiing, aquaplaning,
   72  parasailing, and similar activities.
   73         Section 4. This act shall take effect October 1, 2013.