Florida Senate - 2014                                     SB 320
       By Senators Sachs, Margolis, and Sobel
       34-00477-14                                            2014320__
    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 specified requirements are met; requiring the
    7         owner of a vessel engaged in commercial parasailing to
    8         obtain and maintain an insurance policy; providing
    9         minimum coverage requirements for the insurance
   10         policy; providing requirements for proof of insurance;
   11         specifying the insurance information that must be
   12         provided upon request; requiring the operator to have
   13         a current and valid license issued by the United
   14         States Coast Guard; prohibiting commercial parasailing
   15         unless certain equipment is present on the vessel and
   16         certain weather conditions are met; requiring that a
   17         weather log be maintained and made available for
   18         inspection; providing a criminal penalty; amending ss.
   19         320.08, 327.391, 328.17, 342.07, 713.78, and 715.07,
   20         F.S.; conforming cross-references; providing an
   21         effective date.
   23  Be It Enacted by the Legislature of the State of Florida:
   25         Section 1. This act may be cited as the “White-Miskell
   26  Act.”
   27         Section 2. Section 327.02, Florida Statutes, is amended to
   28  read:
   29         327.02 Definitions.—As used in this chapter and in chapter
   30  328, unless the context clearly requires a different meaning,
   31  the term:
   32         (1) “Airboat” means a vessel that is primarily designed for
   33  use in shallow waters and powered by an internal combustion
   34  engine with an airplane-type propeller mounted above the stern
   35  and used to push air across a set of rudders.
   36         (2) “Alien” means a person who is not a citizen of the
   37  United States.
   38         (3) “Boating accident” means a collision, accident, or
   39  casualty involving a vessel in or upon, or entering into or
   40  exiting from, the water, including capsizing, collision with
   41  another vessel or object, sinking, personal injury, death,
   42  disappearance of a any person from on board under circumstances
   43  that which indicate the possibility of death or injury, or
   44  property damage to any vessel or dock.
   45         (4) “Canoe” means a light, narrow vessel with curved sides
   46  and with both ends pointed. A canoe-like vessel with a transom
   47  may not be excluded from the definition of a canoe if the width
   48  of its transom is less than 45 percent of the width of its beam
   49  or it has been designated as a canoe by the United States Coast
   50  Guard.
   51         (5) “Commercial parasailing” means providing or offering to
   52  provide, for consideration, any activity involving the towing of
   53  a person by a motorboat if:
   54         (a) One or more persons are tethered to the towing vessel;
   55         (b) The person or persons ascend above the water; and
   56         (c) The person or persons remain suspended under a canopy,
   57  chute, or parasail above the water while the vessel is underway.
   59  The term does not include ultralight glider towing conducted
   60  under rules of the Federal Aviation Administration governing
   61  ultralight vehicles as defined in 14 C.F.R. part 103.
   62         (6)(5) “Commercial vessel” means:
   63         (a) A Any vessel primarily engaged in the taking or landing
   64  of saltwater fish or saltwater products or freshwater fish or
   65  freshwater products, or a any vessel licensed pursuant to s.
   66  379.361 from which commercial quantities of saltwater products
   67  are harvested, from within and without the waters of this state
   68  for sale either to the consumer or to a, retail dealer, or
   69  wholesale dealer.
   70         (b) Any other vessel, except a recreational vessel as
   71  defined in this section.
   72         (7)(6) “Commission” means the Fish and Wildlife
   73  Conservation Commission.
   74         (8)(7) “Dealer” means a any person authorized by the
   75  Department of Revenue to buy, sell, resell, or otherwise
   76  distribute vessels. Such person must shall have a valid sales
   77  tax certificate of registration issued by the Department of
   78  Revenue and a valid commercial or occupational license required
   79  by any county, municipality, or political subdivision of the
   80  state in which the person operates.
   81         (9)(8) “Division” means the Division of Law Enforcement of
   82  the Fish and Wildlife Conservation Commission.
   83         (10)(9) “Documented vessel” means a vessel for which a
   84  valid certificate of documentation is outstanding pursuant to 46
   85  C.F.R. part 67.
   86         (11)(10) “Floating structure” means a floating entity, with
   87  or without accommodations built thereon, which is not primarily
   88  used as a means of transportation on water but which serves
   89  purposes or provides services typically associated with a
   90  structure or other improvement to real property. The term
   91  “floating structure” includes, but is not limited to, an each
   92  entity used as a residence, place of business or office with
   93  public access; a, hotel or motel; a, restaurant or lounge; a,
   94  clubhouse; a, meeting facility; a, storage or parking facility;
   95  or a, mining platform, dredge, dragline, or similar facility or
   96  entity represented as such. Floating structures are expressly
   97  excluded from the definition of the term “vessel” provided in
   98  this section. Incidental movement upon water or resting
   99  partially or entirely on the bottom does shall not, in and of
  100  itself, preclude an entity from classification as a floating
  101  structure.
  102         (12)(11) “Florida Intracoastal Waterway” means the Atlantic
  103  Intracoastal Waterway, the Georgia state line north of
  104  Fernandina to Miami; the Port Canaveral lock and canal to the
  105  Atlantic Intracoastal Waterway; the Atlantic Intracoastal
  106  Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to
  107  Fort Myers; the St. Johns River, Jacksonville to Sanford; the
  108  Gulf Intracoastal Waterway, Anclote to Fort Myers; the Gulf
  109  Intracoastal Waterway, Carrabelle to Tampa Bay; Carrabelle to
  110  Anclote open bay section, (using the Gulf of Mexico); the Gulf
  111  Intracoastal Waterway, Carrabelle to the Alabama state line west
  112  of Pensacola; and the Apalachicola, Chattahoochee, and Flint
  113  Rivers in Florida.
  114         (13)(12) “Homemade vessel” means a any vessel built after
  115  October 31, 1972, for which a federal hull identification number
  116  is not required to be assigned by the manufacturer pursuant to
  117  federal law, or a any vessel constructed or assembled before
  118  prior to November 1, 1972, by an entity other than a licensed
  119  manufacturer for its his or her own use or the use of a specific
  120  person. A vessel assembled from a manufacturer’s kit or
  121  constructed from an unfinished manufactured hull is shall be
  122  considered to be a homemade vessel if such a vessel is not
  123  required to have a hull identification number assigned by the
  124  United States Coast Guard. A rebuilt or reconstructed vessel may
  125  not shall in no event be construed to be a homemade vessel.
  126         (14)(13) “Houseboat” means a any vessel that which is used
  127  primarily as a residence for at least a minimum of 21 days
  128  during any 30-day period, in a county of this state if such, and
  129  this residential use of the vessel is to the preclusion of its
  130  the use of the vessel as a means of transportation.
  131         (15)(14) “Length” means the measurement from end to end
  132  over the deck parallel to the centerline, excluding sheer.
  133         (16)(15) “Lien” means a security interest that which is
  134  reserved or created by a written agreement recorded with the
  135  Department of Highway Safety and Motor Vehicles pursuant to s.
  136  328.15 and that which secures payment or performance of an
  137  obligation and is generally valid against third parties.
  138         (17)(16) “Lienholder” means a person holding a security
  139  interest in a vessel, which interest is recorded with the
  140  Department of Highway Safety and Motor Vehicles pursuant to s.
  141  328.15.
  142         (18)(17) “Live-aboard vessel” means:
  143         (a) A Any vessel used solely as a residence and not for
  144  navigation;
  145         (b) A Any vessel represented as a place of business or a
  146  professional or other commercial enterprise; or
  147         (c) A Any vessel for which a declaration of domicile has
  148  been filed pursuant to s. 222.17.
  150  A commercial fishing boat is expressly excluded from the term
  151  “live-aboard vessel.”
  152         (19)(18) “Livery vessel” means a any vessel leased, rented,
  153  or chartered to another for consideration.
  154         (20)(19) “Manufactured vessel” means a any vessel built
  155  after October 31, 1972, for which a federal hull identification
  156  number is required pursuant to federal law, or a any vessel
  157  constructed or assembled before prior to November 1, 1972, by a
  158  duly licensed manufacturer.
  159         (21)(20) “Marina” means a licensed commercial facility that
  160  which provides secured public moorings or dry storage for
  161  vessels on a leased basis. A commercial establishment authorized
  162  by a licensed vessel manufacturer as a dealership is shall be
  163  considered a marina for nonjudicial sale purposes.
  164         (22)(21) “Marine sanitation device” means any equipment,
  165  other than a toilet, for installation on board a vessel, which
  166  is designed to receive, retain, treat, or discharge sewage, and
  167  any process to treat such sewage. Marine sanitation device Types
  168  I, II, and III shall be defined as provided in 33 C.F.R. part
  169  159.
  170         (23)(22) “Marker” means a any channel mark or other aid to
  171  navigation, an information or regulatory mark, an isolated
  172  danger mark, a safe water mark, a special mark, an inland waters
  173  obstruction mark, or mooring buoy in, on, or over the waters of
  174  the state or the shores thereof, and includes, but is not
  175  limited to, a sign, beacon, buoy, or light.
  176         (24)(23) “Motorboat” means a any vessel equipped with
  177  machinery for propulsion, irrespective of whether the propulsion
  178  machinery is in actual operation.
  179         (25)(24) “Muffler” means an automotive-style sound
  180  suppression device or system designed to effectively abate the
  181  sound of exhaust gases emitted from an internal combustion
  182  engine and prevent excessive sound when installed on such an
  183  engine.
  184         (26)(25) “Navigation rules” means, for vessels on:
  185         (a) For vessels on Waters outside of established
  186  navigational lines of demarcation as specified in 33 C.F.R. part
  187  80, the International Navigational Rules Act of 1977, 33 U.S.C.
  188  s. 1602, as amended, including the appendix and annexes thereto,
  189  through October 1, 2012.
  190         (b) For vessels on All waters not outside of such
  191  established lines of demarcation, the Inland Navigational Rules
  192  Act of 1980, 33 C.F.R. parts 83-90, as amended, through October
  193  1, 2012.
  194         (27)(26) “Nonresident” means a citizen of the United States
  195  who has not established residence in this state and has not
  196  continuously resided in this state for 1 year and in one county
  197  for the 6 months immediately preceding the initiation of a
  198  vessel titling or registration action.
  199         (28)(27) “Operate” means to be in charge of, or in command
  200  of, or in actual physical control of a vessel upon the waters of
  201  this state, or to exercise control over or to have
  202  responsibility for a vessel’s navigation or safety while the
  203  vessel is underway upon the waters of this state, or to control
  204  or steer a vessel being towed by another vessel upon the waters
  205  of the state.
  206         (29)(28) “Owner” means a person, other than a lienholder,
  207  having the property in or title to a vessel. The term includes a
  208  person entitled to the use or possession of a vessel subject to
  209  an interest in another person which is, reserved or created by
  210  agreement and securing payment of performance of an obligation.,
  211  but The term does not include excludes a lessee under a lease
  212  not intended as security.
  213         (30)(29) “Person” means an individual, partnership, firm,
  214  corporation, association, or other entity.
  215         (31)(30) “Personal watercraft” means a vessel less than 16
  216  feet in length which uses an inboard motor powering a water jet
  217  pump, as its primary source of motive power and which is
  218  designed to be operated by a person sitting, standing, or
  219  kneeling on the vessel, rather than in the conventional manner
  220  of sitting or standing inside the vessel.
  221         (32)(31) “Portable toilet” means a device consisting of a
  222  lid, seat, containment vessel, and support structure which that
  223  is specifically designed to receive, retain, and discharge human
  224  waste and which that is capable of being removed from a vessel
  225  by hand.
  226         (33)(32) “Prohibited activity” means such activity that as
  227  will impede or disturb navigation or creates a safety hazard on
  228  waterways of this state.
  229         (34)(33) “Racing shell,” “rowing scull,” or “racing kayak”
  230  means a manually propelled vessel that which is recognized by
  231  national or international racing associations for use in
  232  competitive racing and in which all occupants, with the
  233  exception of a coxswain, if one is provided, row, scull, or
  234  paddle and that which is not designed to carry and does not
  235  carry any equipment not solely for competitive racing.
  236         (35)(34) “Recreational vessel” means a any vessel:
  237         (a) Manufactured and used primarily for noncommercial
  238  purposes; or
  239         (b) Leased, rented, or chartered to a person for his or her
  240  the person’s noncommercial use.
  241         (36)(35) “Registration” means a state operating license on
  242  a vessel which is issued with an identifying number, an annual
  243  certificate of registration, and a decal designating the year
  244  for which a registration fee is paid.
  245         (37)(36) “Resident” means a citizen of the United States
  246  who has established residence in this state and has continuously
  247  resided in this state for 1 year and in one county for the 6
  248  months immediately preceding the initiation of a vessel titling
  249  or registration action.
  250         (38)(37) “Sailboat” means a any vessel whose sole source of
  251  propulsion is the wind.
  252         (39)“Sustained wind speed” means a wind speed determined
  253  by averaging the observed wind speed rounded up to the nearest
  254  mile per hour over a 2-minute period.
  255         (40)(38) “Unclaimed vessel” means an any undocumented
  256  vessel, including its machinery, rigging, and accessories, which
  257  is in the physical possession of a any marina, garage, or repair
  258  shop for repairs, improvements, or other work with the knowledge
  259  of the vessel owner and for which the costs of such services
  260  have been unpaid for more than a period in excess of 90 days
  261  after from the date written notice of the completed work is
  262  given by the marina, garage, or repair shop to the vessel owner.
  263         (41)(39) “Vessel” is synonymous with boat as referenced in
  264  s. 1(b), Art. VII of the State Constitution and includes every
  265  description of watercraft, barge, and airboat, other than a
  266  seaplane on the water, used or capable of being used as a means
  267  of transportation on water.
  268         (42)(40) “Waters of this state” means any navigable waters
  269  of the United States within the territorial limits of this
  270  state, and the marginal sea adjacent to this state and the high
  271  seas when navigated as a part of a journey or ride to or from
  272  the shore of this state, and all the inland lakes, rivers, and
  273  canals under the jurisdiction of this state.
  274         Section 3. Section 327.375, Florida Statutes, is created to
  275  read:
  276         327.375Commercial parasailing.—
  277         (1) The operator of a vessel engaged in commercial
  278  parasailing shall ensure that the provisions of this section and
  279  s. 327.37 are met.
  280         (2) The owner or operator of a vessel engaged in commercial
  281  parasailing may not offer or provide for consideration any
  282  parasailing activity unless the owner or operator first obtains
  283  and maintains in full force and effect a liability insurance
  284  policy from an insurance carrier licensed in this state or
  285  approved by the Office of Insurance Regulation or an eligible
  286  surplus lines insurer. Such policy must provide bodily injury
  287  liability coverage in the amounts of at least $1 million per
  288  occurrence and $2 million annual aggregate. Proof of insurance
  289  must be available for inspection at the location where
  290  commercial parasailing is offered or provided for consideration,
  291  and each customer who requests such proof shall be provided with
  292  the insurance carrier’s name and address and the insurance
  293  policy number.
  294         (3) The operator of a vessel engaged in commercial
  295  parasailing must have a current and valid license issued by the
  296  United States Coast Guard authorizing the operator to carry
  297  passengers for hire. The license must be appropriate for the
  298  number of passengers carried and the displacement of the vessel.
  299  The license must be carried on the vessel and be available for
  300  inspection while engaging in commercial parasailing activities.
  301         (4)A vessel engaged in commercial parasailing must be
  302  equipped with a functional VHF marine transceiver and a separate
  303  electronic device capable of providing access to National
  304  Weather Service forecasts and current weather conditions.
  305         (5)(a) Commercial parasailing is prohibited if the current
  306  observed wind conditions in the area of operation include a
  307  sustained wind speed of more than 20 miles per hour; if wind
  308  gusts are 15 miles per hour higher than the sustained wind
  309  speed; if the wind speed during gusts exceeds 25 miles per hour;
  310  if rain or heavy fog results in reduced visibility of less than
  311  0.5 mile; or if a known lightning storm comes within 7 miles of
  312  the parasailing area.
  313         (b) The operator of the vessel engaged in commercial
  314  parasailing shall use all available means to determine
  315  prevailing and forecasted weather conditions and record this
  316  information in a weather log each time passengers are to be
  317  taken out on the water. The weather log must be available for
  318  inspection at all times at the operator’s place of business.
  319         (6) A person or operator who violates this section commits
  320  a misdemeanor of the second degree, punishable as provided in s.
  321  775.082 or s. 775.083.
  322         Section 4. Paragraph (d) of subsection (5) of section
  323  320.08, Florida Statutes, is amended to read:
  324         320.08 License taxes.—Except as otherwise provided herein,
  325  there are hereby levied and imposed annual license taxes for the
  326  operation of motor vehicles, mopeds, motorized bicycles as
  327  defined in s. 316.003(2), tri-vehicles as defined in s. 316.003,
  328  and mobile homes, as defined in s. 320.01, which shall be paid
  329  to and collected by the department or its agent upon the
  330  registration or renewal of registration of the following:
  333         (d) A wrecker, as defined in s. 320.01, which is used to
  334  tow a vessel as defined in s. 327.02(39), a disabled, abandoned,
  335  stolen-recovered, or impounded motor vehicle as defined in s.
  336  320.01, or a replacement motor vehicle as defined in s. 320.01:
  337  $41 flat, of which $11 shall be deposited into the General
  338  Revenue Fund.
  339         Section 5. Subsection (1) of section 327.391, Florida
  340  Statutes, is amended to read:
  341         327.391 Airboats regulated.—
  342         (1) The exhaust of every internal combustion engine used on
  343  any airboat operated on the waters of this state shall be
  344  provided with an automotive-style factory muffler, underwater
  345  exhaust, or other manufactured device capable of adequately
  346  muffling the sound of the exhaust of the engine as described in
  347  s. 327.02(25) s. 327.02(24). The use of cutouts or flex pipe as
  348  the sole source of muffling is prohibited, except as provided in
  349  subsection (4). Any person who violates this subsection commits
  350  a noncriminal infraction punishable as provided in s. 327.73(1).
  351         Section 6. Subsection (4) of section 328.17, Florida
  352  Statutes, is amended to read:
  353         328.17 Nonjudicial sale of vessels.—
  354         (4) A marina, as defined in s. 327.02(20), shall have:
  355         (a) A possessory lien upon any vessel for storage fees,
  356  dockage fees, repairs, improvements, or other work-related
  357  storage charges, and for expenses necessary for preservation of
  358  the vessel or expenses reasonably incurred in the sale or other
  359  disposition of the vessel. The possessory lien attaches shall
  360  attach as of the date the vessel is brought to the marina or as
  361  of the date the vessel first occupies rental space at the marina
  362  facility.
  363         (b) A possessory lien upon any vessel in a wrecked, junked,
  364  or substantially dismantled condition, which has been left
  365  abandoned at a marina, for expenses reasonably incurred in the
  366  removal and disposal of the vessel. The possessory lien attaches
  367  shall attach as of the date the vessel arrives at the marina or
  368  as of the date the vessel first occupies rental space at the
  369  marina facility. If the funds recovered from the sale of the
  370  vessel, or from the scrap or salvage value of the vessel, are
  371  insufficient to cover the expenses reasonably incurred by the
  372  marina in removing and disposing of the vessel, all costs in
  373  excess of recovery shall be recoverable against the owner of the
  374  vessel. For a vessel damaged as a result of a named storm, the
  375  provisions of this paragraph shall be suspended for 60 days
  376  after following the date the vessel is damaged in the named
  377  storm. The operation of the provisions specified in this
  378  paragraph run concurrently with, and do not extend, the 60-day
  379  notice periods provided in subsections (5) and (7).
  380         Section 7. Subsection (2) of section 342.07, Florida
  381  Statutes, is amended to read:
  382         342.07 Recreational and commercial working waterfronts;
  383  legislative findings; definitions.—
  384         (2) As used in this section, the term “recreational and
  385  commercial working waterfront” means a parcel or parcels of real
  386  property which that provide access for water-dependent
  387  commercial activities, including hotels and motels as defined in
  388  s. 509.242(1), or provide access for the public to the navigable
  389  waters of the state. Recreational and commercial working
  390  waterfronts require direct access to or a location on, over, or
  391  adjacent to a navigable body of water. The term includes water
  392  dependent facilities that are open to the public and offer
  393  public access by vessels to the waters of the state or that are
  394  support facilities for recreational, commercial, research, or
  395  governmental vessels. These facilities include public lodging
  396  establishments, docks, wharfs, lifts, wet and dry marinas, boat
  397  ramps, boat hauling and repair facilities, commercial fishing
  398  facilities, boat construction facilities, and other support
  399  structures over the water. As used in this section, the term
  400  “vessel” has the same meaning as in s. 327.02(39). Seaports are
  401  excluded from the definition.
  402         Section 8. Paragraph (b) of subsection (1) of section
  403  713.78, Florida Statutes, is amended to read:
  404         713.78 Liens for recovering, towing, or storing vehicles
  405  and vessels.—
  406         (1) For the purposes of this section, the term:
  407         (b) “Vessel” means every description of watercraft, barge,
  408  and airboat used or capable of being used as a means of
  409  transportation on water, other than a seaplane or a “documented
  410  vessel” as defined in s. 327.02(9).
  411         Section 9. Paragraph (b) of subsection (1) of section
  412  715.07, Florida Statutes, is amended to read:
  413         715.07 Vehicles or vessels parked on private property;
  414  towing.—
  415         (1) As used in this section, the term:
  416         (b) “Vessel” means every description of watercraft, barge,
  417  and airboat used or capable of being used as a means of
  418  transportation on water, other than a seaplane or a “documented
  419  vessel” as defined in s. 327.02(9).
  420         Section 10. This act shall take effect October 1, 2014.