Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 320
Ì954708@Î954708
LEGISLATIVE ACTION
Senate . House
Comm: WD .
03/11/2014 .
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following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 131 - 347
4 and insert:
5 (15) “Kite boarding” or “kite surfing” means an activity in
6 which a kite board or surf board is teathered to a kite so as to
7 harness the power of the wind and propel the board across a body
8 of water.
9 (16)(14) “Length” means the measurement from end to end
10 over the deck parallel to the centerline, excluding sheer.
11 (17)(15) “Lien” means a security interest that which is
12 reserved or created by a written agreement recorded with the
13 Department of Highway Safety and Motor Vehicles pursuant to s.
14 328.15 and that which secures payment or performance of an
15 obligation and is generally valid against third parties.
16 (18)(16) “Lienholder” means a person holding a security
17 interest in a vessel, which interest is recorded with the
18 Department of Highway Safety and Motor Vehicles pursuant to s.
19 328.15.
20 (19)(17) “Live-aboard vessel” means:
21 (a) A Any vessel used solely as a residence and not for
22 navigation;
23 (b) A Any vessel represented as a place of business or a
24 professional or other commercial enterprise; or
25 (c) A Any vessel for which a declaration of domicile has
26 been filed pursuant to s. 222.17.
27
28 A commercial fishing boat is expressly excluded from the term
29 “live-aboard vessel.”
30 (20)(18) “Livery vessel” means a any vessel leased, rented,
31 or chartered to another for consideration.
32 (21)(19) “Manufactured vessel” means a any vessel built
33 after October 31, 1972, for which a federal hull identification
34 number is required pursuant to federal law, or a any vessel
35 constructed or assembled before prior to November 1, 1972, by a
36 duly licensed manufacturer.
37 (22)(20) “Marina” means a licensed commercial facility that
38 which provides secured public moorings or dry storage for
39 vessels on a leased basis. A commercial establishment authorized
40 by a licensed vessel manufacturer as a dealership is shall be
41 considered a marina for nonjudicial sale purposes.
42 (23)(21) “Marine sanitation device” means any equipment,
43 other than a toilet, for installation on board a vessel, which
44 is designed to receive, retain, treat, or discharge sewage, and
45 any process to treat such sewage. Marine sanitation device Types
46 I, II, and III shall be defined as provided in 33 C.F.R. part
47 159.
48 (24)(22) “Marker” means a any channel mark or other aid to
49 navigation, an information or regulatory mark, an isolated
50 danger mark, a safe water mark, a special mark, an inland waters
51 obstruction mark, or mooring buoy in, on, or over the waters of
52 the state or the shores thereof, and includes, but is not
53 limited to, a sign, beacon, buoy, or light.
54 (25) “Moored ballooning” means the operation of a lighter
55 than-air craft in which air heated by a flame is trapped in a
56 large fabric bag and which is secured with lines or anchors.
57 (26)(23) “Motorboat” means a any vessel equipped with
58 machinery for propulsion, irrespective of whether the propulsion
59 machinery is in actual operation.
60 (27)(24) “Muffler” means an automotive-style sound
61 suppression device or system designed to effectively abate the
62 sound of exhaust gases emitted from an internal combustion
63 engine and prevent excessive sound when installed on such an
64 engine.
65 (28)(25) “Navigation rules” means, for vessels on:
66 (a) For vessels on Waters outside of established
67 navigational lines of demarcation as specified in 33 C.F.R. part
68 80, the International Navigational Rules Act of 1977, 33 U.S.C.
69 s. 1602, as amended, including the appendix and annexes thereto,
70 through October 1, 2012.
71 (b) For vessels on All waters not outside of such
72 established lines of demarcation, the Inland Navigational Rules
73 Act of 1980, 33 C.F.R. parts 83-90, as amended, through October
74 1, 2012.
75 (29)(26) “Nonresident” means a citizen of the United States
76 who has not established residence in this state and has not
77 continuously resided in this state for 1 year and in one county
78 for the 6 months immediately preceding the initiation of a
79 vessel titling or registration action.
80 (30)(27) “Operate” means to be in charge of, or in command
81 of, or in actual physical control of a vessel upon the waters of
82 this state, or to exercise control over or to have
83 responsibility for a vessel’s navigation or safety while the
84 vessel is underway upon the waters of this state, or to control
85 or steer a vessel being towed by another vessel upon the waters
86 of the state.
87 (31)(28) “Owner” means a person, other than a lienholder,
88 having the property in or title to a vessel. The term includes a
89 person entitled to the use or possession of a vessel subject to
90 an interest in another person which is, reserved or created by
91 agreement and securing payment of performance of an obligation.,
92 but The term does not include excludes a lessee under a lease
93 not intended as security.
94 (32)(29) “Person” means an individual, partnership, firm,
95 corporation, association, or other entity.
96 (33)(30) “Personal watercraft” means a vessel less than 16
97 feet in length which uses an inboard motor powering a water jet
98 pump, as its primary source of motive power and which is
99 designed to be operated by a person sitting, standing, or
100 kneeling on the vessel, rather than in the conventional manner
101 of sitting or standing inside the vessel.
102 (34)(31) “Portable toilet” means a device consisting of a
103 lid, seat, containment vessel, and support structure which that
104 is specifically designed to receive, retain, and discharge human
105 waste and which that is capable of being removed from a vessel
106 by hand.
107 (35)(32) “Prohibited activity” means such activity that as
108 will impede or disturb navigation or creates a safety hazard on
109 waterways of this state.
110 (36)(33) “Racing shell,” “rowing scull,” or “racing kayak”
111 means a manually propelled vessel that which is recognized by
112 national or international racing associations for use in
113 competitive racing and in which all occupants, with the
114 exception of a coxswain, if one is provided, row, scull, or
115 paddle and that which is not designed to carry and does not
116 carry any equipment not solely for competitive racing.
117 (37)(34) “Recreational vessel” means a any vessel:
118 (a) Manufactured and used primarily for noncommercial
119 purposes; or
120 (b) Leased, rented, or chartered to a person for his or her
121 the person’s noncommercial use.
122 (38)(35) “Registration” means a state operating license on
123 a vessel which is issued with an identifying number, an annual
124 certificate of registration, and a decal designating the year
125 for which a registration fee is paid.
126 (39)(36) “Resident” means a citizen of the United States
127 who has established residence in this state and has continuously
128 resided in this state for 1 year and in one county for the 6
129 months immediately preceding the initiation of a vessel titling
130 or registration action.
131 (40)(37) “Sailboat” means a any vessel whose sole source of
132 propulsion is the wind.
133 (41) “Sustained wind speed” means a wind speed determined
134 by averaging the observed wind speed rounded up to the nearest
135 mile per hour over a 2-minute period.
136 (42)(38) “Unclaimed vessel” means an any undocumented
137 vessel, including its machinery, rigging, and accessories, which
138 is in the physical possession of a any marina, garage, or repair
139 shop for repairs, improvements, or other work with the knowledge
140 of the vessel owner and for which the costs of such services
141 have been unpaid for more than a period in excess of 90 days
142 after from the date written notice of the completed work is
143 given by the marina, garage, or repair shop to the vessel owner.
144 (43)(39) “Vessel” is synonymous with boat as referenced in
145 s. 1(b), Art. VII of the State Constitution and includes every
146 description of watercraft, barge, and airboat, other than a
147 seaplane on the water, used or capable of being used as a means
148 of transportation on water.
149 (44)(40) “Waters of this state” means any navigable waters
150 of the United States within the territorial limits of this
151 state, and the marginal sea adjacent to this state and the high
152 seas when navigated as a part of a journey or ride to or from
153 the shore of this state, and all the inland lakes, rivers, and
154 canals under the jurisdiction of this state.
155 Section 3. Section 327.37, Florida Statutes, is amended to
156 read:
157 327.37 Water skis, parasails, and aquaplanes, kite boards,
158 kite surfboards, and moored balloons regulated.—
159 (1)(a) A person may not operate a vessel on any waters of
160 this state towing a person on water skis, or an aquaplane, or
161 similar device unless there is in such vessel a person, in
162 addition to the operator, in a position to observe the progress
163 of the person being towed, or the vessel is equipped with a
164 wide-angle rear view mirror mounted in such manner as to permit
165 the operator of the vessel to observe the progress of the person
166 being towed. This subsection does not apply to class A
167 motorboats operated by the person being towed and designed to be
168 incapable of carrying the operator in the motorboat.
169 (b) A person may not operate a vessel on any waters of this
170 state towing a person attached to a parasail or similar device
171 unless there is a person in the vessel, in addition to the
172 operator, in a position to observe the progress of the person
173 being towed. A wide-angle rear view mirror is not acceptable for
174 this purpose.
175 (2)(a) A person may not engage in water skiing,
176 parasailing, aquaplaning, or any similar activity at any time
177 between the hours from one-half hour after sunset to one-half
178 hour before sunrise.
179 (b) A person may not engage in water skiing, parasailing,
180 aquaplaning, or any similar activity unless such person is
181 wearing a noninflatable type I, type II, type III, or type V
182 personal flotation device approved by the United States Coast
183 Guard.
184 (3) The provisions of subsections (1) and (2) do not apply
185 to a performer engaged in a professional exhibition or a person
186 preparing to participate or participating in an official
187 regatta, boat race, marine parade, tournament, or exhibition
188 held pursuant to s. 327.48.
189 (4) A person may not operate or manipulate any vessel, tow
190 rope, or other device by which the direction or location of
191 water skis, parasail, aquaplane, innertube, sled, or similar
192 device may be affected or controlled, in such a way as to cause
193 the water skis, parasail, aquaplane, innertube, sled, or similar
194 device or any person thereon to collide or strike against or be
195 likely to collide or strike against any vessel, bridge, wharf,
196 pier, dock, buoy, platform, piling, channel marker, or other
197 object, except slalom buoys, ski jumps, or like objects used
198 normally in competitive or recreational skiing.
199 (5) A person may not operate any vessel towing a parasail
200 or engage in parasailing within 100 feet of the marked channel
201 of the Florida Intracoastal Waterway or within 5 miles of the
202 boundary of any airport except under a certificate of waiver
203 issued by the Administrator of the Federal Aviation
204 Administration pursuant to Title 14, chapter 1, part 101 of the
205 Code of Federal Regulations.
206 (6) A person may not engage in kite boarding, kite surfing,
207 or moored ballooning within 5 miles of the boundary of an
208 airport except under a certificate of waiver issued by the
209 Administrator of the Federal Aviation Administration pursuant to
210 Title 14 of the Code of Federal Regulations Part 101.
211 Section 4. Section 327.375, Florida Statutes, is created to
212 read:
213 327.375 Commercial parasailing.—
214 (1) The operator of a vessel engaged in commercial
215 parasailing shall ensure that the provisions of this section and
216 s. 327.37 are met.
217 (2) The owner or operator of a vessel engaged in commercial
218 parasailing may not offer or provide for consideration any
219 parasailing activity unless the owner or operator first obtains
220 and maintains in full force and effect a liability insurance
221 policy from an insurance carrier licensed in this state or
222 approved by the Office of Insurance Regulation or an eligible
223 surplus lines insurer. Such policy must provide bodily injury
224 liability coverage in the amounts of at least $1 million per
225 occurrence and $2 million annual aggregate. Proof of insurance
226 must be available for inspection at the location where
227 commercial parasailing is offered or provided for consideration,
228 and each customer who requests such proof shall be provided with
229 the insurance carrier’s name and address and the insurance
230 policy number.
231 (3) The operator of a vessel engaged in commercial
232 parasailing must have a current and valid license issued by the
233 United States Coast Guard authorizing the operator to carry
234 passengers for hire. The license must be appropriate for the
235 number of passengers carried and the displacement of the vessel.
236 The license must be carried on the vessel and be available for
237 inspection while engaging in commercial parasailing activities.
238 (4) A vessel engaged in commercial parasailing must be
239 equipped with a functional VHF marine transceiver and a separate
240 electronic device capable of providing access to National
241 Weather Service forecasts and current weather conditions.
242 (5)(a) Commercial parasailing is prohibited if the current
243 observed wind conditions in the area of operation include a
244 sustained wind speed of more than 20 miles per hour; if wind
245 gusts are 15 miles per hour higher than the sustained wind
246 speed; if the wind speed during gusts exceeds 25 miles per hour;
247 if rain or heavy fog results in reduced visibility of less than
248 0.5 mile; or if a known lightning storm comes within 7 miles of
249 the parasailing area.
250 (b) The operator of the vessel engaged in commercial
251 parasailing shall use all available means to determine
252 prevailing and forecasted weather conditions and record this
253 information in a weather log each time passengers are to be
254 taken out on the water. The weather log must be available for
255 inspection at all times at the operator’s place of business.
256 (6) A person or operator who violates this section commits
257 a misdemeanor of the second degree, punishable as provided in s.
258 775.082 or s. 775.083.
259 Section 5. Paragraph (d) of subsection (5) of section
260 320.08, Florida Statutes, is amended to read:
261 320.08 License taxes.—Except as otherwise provided herein,
262 there are hereby levied and imposed annual license taxes for the
263 operation of motor vehicles, mopeds, motorized bicycles as
264 defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
265 and mobile homes, as defined in s. 320.01, which shall be paid
266 to and collected by the department or its agent upon the
267 registration or renewal of registration of the following:
268 (5) SEMITRAILERS, FEES ACCORDING TO GROSS VEHICLE WEIGHT;
269 SCHOOL BUSES; SPECIAL PURPOSE VEHICLES.—
270 (d) A wrecker, as defined in s. 320.01, which is used to
271 tow a vessel as defined in s. 327.02(39), a disabled, abandoned,
272 stolen-recovered, or impounded motor vehicle as defined in s.
273 320.01, or a replacement motor vehicle as defined in s. 320.01:
274 $41 flat, of which $11 shall be deposited into the General
275 Revenue Fund.
276 Section 6. Subsection (1) of section 327.391, Florida
277 Statutes, is amended to read:
278 327.391 Airboats regulated.—
279 (1) The exhaust of every internal combustion engine used on
280 any airboat operated on the waters of this state shall be
281 provided with an automotive-style factory muffler, underwater
282 exhaust, or other manufactured device capable of adequately
283 muffling the sound of the exhaust of the engine as described in
284 s. 327.02(24). The use of cutouts or flex pipe as
285
286 ================= T I T L E A M E N D M E N T ================
287 And the title is amended as follows:
288 Delete line 4
289 and insert:
290 amending s. 327.37, F.S.; prohibiting kite boarding,
291 kite surfing, or moored ballooning within 5 miles of
292 the boundary of an airport without a certification of
293 waiver issued by the Administrator of the Federal
294 Aviation Administration; creating s. 327.375, F.S.;
295 requiring the operator of a