| 1 | A bill to be entitled |
| 2 | An act relating to commercial parasailing; creating s. |
| 3 | 327.375, F.S.; defining the term "commercial parasailing"; |
| 4 | providing for the regulation of commercial parasailing by |
| 5 | the Fish and Wildlife Conservation Commission; providing |
| 6 | requirements for licensing and liability insurance; |
| 7 | requiring the commission to establish minimum requirements |
| 8 | for liability insurance and maximum deductible amounts; |
| 9 | authorizing the commission to adopt rules; providing |
| 10 | requirements for conducting commercial parasailing |
| 11 | operations; providing a penalty; providing an effective |
| 12 | date. |
| 13 |
|
| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
|
| 16 | Section 1. Section 327.375, Florida Statutes, is created |
| 17 | to read: |
| 18 | 327.375 Commercial parasailing.-- |
| 19 | (1) "Commercial parasailing" means any activity involving |
| 20 | the towing of a person by a motorboat for consideration when: |
| 21 | (a) One or more persons are tethered to the towing vessel. |
| 22 | (b) The person or persons ascend above the water. |
| 23 | (c) The person or persons remain suspended above the water |
| 24 | while the vessel is underway. |
| 25 | (2) The Fish and Wildlife Conservation Commission shall |
| 26 | regulate commercial parasailing by requiring, at a minimum, that |
| 27 | each person who provides commercial parasailing to another |
| 28 | person be licensed and maintain the minimum liability insurance |
| 29 | necessary for commercial parasailing. In order to recover the |
| 30 | costs of regulating commercial parasailing, the commission may |
| 31 | impose by rule an annual licensing fee, which may not exceed |
| 32 | $100, and a registration fee of $10 for each county in which a |
| 33 | licensee intends to engage in commercial parasailing. The |
| 34 | commission shall establish by rule the requirements for minimum |
| 35 | liability insurance, including maximum deductible amounts. The |
| 36 | commission may adopt rules pursuant to ss. 120.536(1) and 120.54 |
| 37 | to administer this section. |
| 38 | (3) Each person who engages in commercial parasailing must |
| 39 | meet the following operation requirements: |
| 40 | (a) Each vessel engaged in commercial parasailing |
| 41 | operations must be designed and equipped for towing a person |
| 42 | while parasailing and must be equipped with a rear launch |
| 43 | platform and powered winch that is used to release and retrieve |
| 44 | the tow line. |
| 45 | (b) Any person who operates a vessel used for commercial |
| 46 | parasailing must maintain a valid license for carrying |
| 47 | passengers for hire issued by the United States Coast Guard. |
| 48 | (c) An observer who is 18 years of age or older must, at |
| 49 | all times, be present in any vessel that is engaged in |
| 50 | commercial parasailing to monitor the progress of each airborne |
| 51 | parasail rider and parachute. |
| 52 | (d) Each commercial parasail rider must wear a United |
| 53 | States Coast Guard approved type I, type II, or type III |
| 54 | personal flotation device of the proper size and must be |
| 55 | connected to the towline and secured in a seat harness attached |
| 56 | to an ascending type of parachute. |
| 57 | (e) Commercial parasailing in the Atlantic Ocean and the |
| 58 | Gulf of Mexico is restricted to areas that are on or above |
| 59 | waters that are not less than three-eighths of a nautical mile |
| 60 | seaward from the shore. This restriction applies to the entire |
| 61 | commercial parasailing apparatus, including the vessel, towline, |
| 62 | and rider. |
| 63 | (f) Commercial parasailing may not be conducted within 600 |
| 64 | feet of any: |
| 65 | 1. Anchored vessel; |
| 66 | 2. Person in the water; |
| 67 | 3. Shore or seawall; or |
| 68 | 4. Structure, bridge, power line, wharf, pier, dock, buoy, |
| 69 | platform, piling, channel marker, or other similar object. |
| 70 | (g) A person may not engage in commercial parasailing on a |
| 71 | body of water less than 1,200 feet in width from shore to shore. |
| 72 | (h) Each vessel engaged in commercial parasailing must be |
| 73 | equipped with a functional VHF marine transceiver. |
| 74 | (i) A person may not engage in commercial parasailing at |
| 75 | any time between one-half hour after sunset and one-half hour |
| 76 | before sunrise or during any period when visibility is |
| 77 | restricted. |
| 78 | (j) A person may not engage in commercial parasailing in |
| 79 | any area where there are sustained winds of 20 knots or seas 5 |
| 80 | feet or higher. |
| 81 | (k) A towline may not be longer than 800 feet. |
| 82 | (l) A commercial parasail rider may be launched only from |
| 83 | the flight deck of the vessel. |
| 84 | (m) More than two persons may not be tethered to the |
| 85 | towing vessel and ascend above the water at any time. |
| 86 | (4) A person who violates this section commits a |
| 87 | misdemeanor of the second degree, punishable as provided in s. |
| 88 | 775.082 or s. 775.083. |
| 89 | Section 2. This act shall take effect October 1, 2005. |