Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 320
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/11/2014           .                                

    1         Senate Amendment (with title amendment)
    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.
   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         327.375Commercial 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:
  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
  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