Bill Amendment: FL S0320 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Commercial and Recreational Water Activities
Status: 2014-06-13 - Chapter No. 2014-70 [S0320 Detail]
Download: Florida-2014-S0320-Senate_Committee_Amendment_954708.html
Bill Title: Commercial and Recreational Water Activities
Status: 2014-06-13 - Chapter No. 2014-70 [S0320 Detail]
Download: Florida-2014-S0320-Senate_Committee_Amendment_954708.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 320 Ì954708@Î954708 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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 thatwhichis 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 thatwhichsecures 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) AAnyvessel used solely as a residence and not for 22 navigation; 23 (b) AAnyvessel represented as a place of business or a 24 professional or other commercial enterprise; or 25 (c) AAnyvessel 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 aanyvessel leased, rented, 31 or chartered to another for consideration. 32 (21)(19)“Manufactured vessel” means aanyvessel built 33 after October 31, 1972, for which a federal hull identification 34 number is required pursuant to federal law, or aanyvessel 35 constructed or assembled beforeprior toNovember 1, 1972, by a 36 duly licensed manufacturer. 37 (22)(20)“Marina” means a licensed commercial facility that 38whichprovides 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 isshall be41 considered a marina for nonjudicial sale purposes. 42 (23)(21)“Marine sanitation device” meansanyequipment, 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 aanychannel 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 aanyvessel 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 onWaters outsideofestablished 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 onAll 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,orin command 81 of,orin actual physical control of a vessel upon the waters of 82 this state,orto 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.,92butThe term does not includeexcludesa 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 whichthat104 is specifically designed to receive, retain, and discharge human 105 waste and whichthatis capable of being removed from a vessel 106 by hand. 107 (35)(32)“Prohibited activity” meanssuchactivity thatas108 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 thatwhichis 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 thatwhichis not designed to carry and does not 116 carry any equipment not solely for competitive racing. 117 (37)(34)“Recreational vessel” means aanyvessel: 118 (a) Manufactured and used primarily for noncommercial 119 purposes; or 120 (b) Leased, rented, or chartered to a person for his or her 121the person’snoncommercial 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 aanyvessel 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 ananyundocumented 137 vessel, including its machinery, rigging, and accessories, which 138 is in the physical possession of aanymarina, 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 thana period in excess of90 days 142 afterfromthe 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,andthe 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,andaquaplanes, 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