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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to the Fish and Wildlife Conservation 2
Commission; amending s. 327.4107, F.S.; revising the 3
vessel conditions that an officer of the Fish and 4
Wildlife Conservation Commission or a law enforcement 5
agency may use to determine that a vessel is at risk 6
of becoming derelict; amending s. 327.45, F.S.; 7
requiring specified evidence before the commission may 8
establish certain vessel restriction rules for 9
protection zones for springs; amending s. 327.46, 10
F.S.; prohibiting municipalities and counties from 11
designating public bathing beach areas or swim areas 12
within their jurisdictions which are within the marked 13
channel portion of the Florida Intracoastal Waterway 14
or within a specified distance from any portion of the 15
marked channel; repealing s. 376.15, F.S., relating to 16
derelict vessels and the relocation and removal of 17
such vessels from the waters of this state; amending 18
s. 379.101, F.S.; revising the definitions of the 19
terms "marine fish" and "saltwater fish"; amending s. 20
705.101, F.S.; revising the definition of the ter m 21
"abandoned property" to include vessels declared to be 22
a public nuisance; amending s. 705.103, F.S.; 23
clarifying the notice requirements and procedures for 24
vessels declared to be public nuisances; amending s. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
823.11, F.S.; making technical changes; author izing 26
the commission to establish a program to provide 27
grants to local governments for certain actions 28
regarding derelict vessels and those declared to be a 29
public nuisance; specifying sources for the funds to 30
be used, subject to an appropriation; authoriz ing the 31
commission to use funds not awarded as grants for 32
certain purposes; requiring the commission to adopt 33
rules for the grant applications and the criteria for 34
allocating the funds; amending s. 934.50, F.S.; 35
providing that all employees of the commissi on or the 36
Florida Forest Service may operate drones for 37
specified purposes; amending ss. 327.04, 328.09, 38
328.72, and 376.11, F.S.; conforming provisions to 39
changes made by the act; repealing s. 25, chapter 40
2021-184, Laws of Florida, relating to derelict 41
vessels; reenacting ss. 125.01(4) and 379.2412, F.S., 42
relating to powers and duties of legislative and 43
governing bodies of counties and state preemption of 44
the regulating of taking or possessing saltwater fish, 45
respectively, to incorporate the amendment made to s. 46
379.101(34), F.S., in a reference thereto ; providing 47
effective dates. 48
49
Be It Enacted by the Legislature of the State of Florida: 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
51
Section 1. Paragraph (f) is added to subsection (2) of 52
section 327.4107, Florida Statutes, to read: 53
327.4107 Vessels at risk of becoming derelict on waters of 54
this state.— 55
(2) An officer of the commission or of a law enforcement 56
agency specified in s. 327.70 may determine that a vessel is at 57
risk of becoming derelict if any of the following conditions 58
exist: 59
(f) The vessel is tied to an unlawful or unpermitted 60
mooring or other structure. 61
Section 2. Subsection (2) of section 327.45, Florida 62
Statutes, is amended to read: 63
327.45 Protection zones for springs. — 64
(2) When substantial, competent evidence shows that 65
demonstrable harm has been caused by vessel activity, the 66
commission may establish by rule protection zones that restrict 67
the speed and operation of vessels, or that prohibit the 68
anchoring, mooring, beaching, or grounding of vessels, to 69
protect and prevent harm to first, second, and third magnitude 70
springs and springs groups, including their associated spring 71
runs, as determined by the commission using the most recent 72
Florida Geological Survey springs bulletin. This harm includes 73
negative impacts to w ater quality, water quantity, hydrology, 74
wetlands, and aquatic and wetland -dependent species. 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 3. Paragraph (b) of subsection (1) of section 76
327.46, Florida Statutes, is amended to read: 77
327.46 Boating-restricted areas.— 78
(1) Boating-restricted areas, including, but not limited 79
to, restrictions of vessel speeds and vessel traffic, may be 80
established on the waters of this state for any purpose 81
necessary to protect the safety of the public if such 82
restrictions are necessary based on boating acci dents, 83
visibility, hazardous currents or water levels, vessel traffic 84
congestion, or other navigational hazards or to protect 85
seagrasses on privately owned submerged lands. 86
(b) Municipalities and counties may establish the 87
following boating-restricted areas by ordinance, including, 88
notwithstanding the prohibition in s. 327.60(2)(c), within the 89
portion of the Florida Intracoastal Waterway within their 90
jurisdiction: 91
1. An ordinance establishing an idle speed, no wake 92
boating-restricted area, if the area is: 93
a. Within 500 feet of any boat ramp, hoist, marine 94
railway, or other launching or landing facility available for 95
use by the general boating public on waterways more than 300 96
feet in width or within 300 feet of any boat ramp, hoist, marine 97
railway, or other launching or landing facility available for 98
use by the general boating public on waterways not exceeding 300 99
feet in width. 100
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b. Within 500 feet of fuel pumps or dispensers at any 101
marine fueling facility that sells motor fuel to the general 102
boating public on waterways more than 300 feet in width or 103
within 300 feet of the fuel pumps or dispensers at any licensed 104
terminal facility that sells motor fuel to the general boating 105
public on waterways not exceeding 300 feet in width. 106
c. Inside or within 300 feet of any lock structure. 107
2. An ordinance establishing a slow speed, minimum wake 108
boating-restricted area if the area is: 109
a. Within 300 feet of any bridge fender system. 110
b. Within 300 feet of any bridge span presenting a 111
vertical clearance of less than 25 feet or a horizontal 112
clearance of less than 100 feet. 113
c. On a creek, stream, canal, or similar linear waterway 114
if the waterway is less than 75 feet in width from shoreline to 115
shoreline. 116
d. On a lake or pond of less than 10 acres in total 117
surface area. 118
e. Within the boundaries of a permitted public mooring 119
field and a buffer around the mooring field of up to 100 feet. 120
3. An ordinance establishing a vessel -exclusion zone if 121
the area is: 122
a. Designated as a public bathing beach or swim area , 123
except that public bathing beaches or swim areas may not be 124
established in whole or in part within the marked channel of the 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Florida Intracoastal Waterway or within 100 feet of any portion 126
of the marked channel . 127
b. Within 300 feet of a dam, spillway, or flood control 128
structure. 129
130
Vessel exclusion zones created pursuant to this subparagraph 131
must be marked with uniform waterway markers permitted by the 132
commission in accordance with this chapter. Such zones may not 133
be marked by ropes. 134
Section 4. Section 376.15, Florida Statutes, is repealed. 135
Section 5. Subsections (22) and (34) of section 379.101, 136
Florida Statutes, are amended to read: 137
379.101 Definitions. —In construing these statutes, where 138
the context does not clearly indicate otherwise, the word, 139
phrase, or term: 140
(22) "Marine fish" means any saltwater species of finfish 141
of the classes Agnatha, Chondrichthyes, and Osteichthyes , and 142
marine invertebrates of in the classes Gastropoda and, Bivalvia, 143
the subphylum and Crustacea, or the phylum Echinodermata ; 144
however, the term but does not include nonliving shells or 145
echinoderms. 146
(34) "Saltwater fish" means: 147
(a) Any saltwater species of finfish of the classes 148
Agnatha, Chondrichthyes, or Osteichthyes and marine 149
invertebrates of the classes Gastropoda and, Bivalvia, the 150
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subphylum or Crustacea, or of the phylum Echinodermata ; however, 151
the term but does not include nonliving shells or echinoderms; 152
and 153
(b) All classes of pisces, shellfish, sponges, and 154
crustaceans crustacea native to salt water. 155
Section 6. Subsection (3) of section 705.101, Florida 156
Statutes, is amended to read: 157
705.101 Definitions. —As used in this chapter: 158
(3) "Abandoned property" means all tangible personal 159
property that does not have an identifi able owner and that has 160
been disposed on public property in a wrecked, inoperative, or 161
partially dismantled condition or has no apparent intrinsic 162
value to the rightful owner. The term includes derelict vessels 163
as defined in s. 823.11 and vessels declared a public nuisance 164
pursuant to s. 327.73(1)(aa) . 165
Section 7. Paragraph (a) of subsection (2) and subsection 166
(4) of section 705.103, Florida Statutes, are amended to read: 167
705.103 Procedure for abandoned or lost property. — 168
(2)(a)1. Whenever a law enfo rcement officer ascertains 169
that: 170
a. An article of lost or abandoned property other than a 171
derelict vessel or a vessel declared a public nuisance pursuant 172
to s. 327.73(1)(aa) is present on public property and is of such 173
nature that it cannot be easily removed, the officer shall cause 174
a notice to be placed upon such article in substantially the 175
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following form: 176
177
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 178
PROPERTY. This property, to wit: ...(setting forth brief 179
description)... is unlawfully upon public property known as 180
...(setting forth brief description of location)... and must be 181
removed within 5 days; otherwise, it will be removed and 182
disposed of pursuant to chapter 705, Florida Statutes. The owner 183
will be liable for the costs of removal, storage, and 184
publication of notice. Dated this: ...(setting forth the date of 185
posting of notice)..., signed: ...(setting forth name, title, 186
address, and telephone number of law enforcement officer).... 187
188
b. A derelict vessel or a vessel declared a public 189
nuisance pursuant to s. 327.73( 1)(aa) is present on the waters 190
of this state, the officer shall cause a notice to be placed 191
upon such vessel in substantially the following form: 192
193
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 194
VESSEL. This vessel, to wit: ...(setting fort h brief 195
description)... has been determined to be ...(derelict or a 196
public nuisance)... and is unlawfully upon waters of this state 197
...(setting forth brief description of location)... and must be 198
removed within 21 days; otherwise, it will be removed and 199
disposed of pursuant to chapter 705, Florida Statutes. The owner 200
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and other interested parties have the right to a hearing to 201
challenge the determination that this vessel is derelict or 202
otherwise in violation of the law. Please contact ...(contact 203
information for person who can arrange for a hearing in 204
accordance with this section).... The owner or the party 205
determined to be legally responsible for the vessel being upon 206
the waters of this state in a derelict condition or as a public 207
nuisance will be liable for the costs of removal, destruction, 208
and disposal if this vessel is not removed by the owner. Dated 209
this: ...(setting forth the date of posting of notice)..., 210
signed: ...(setting forth name, title, address, and telephone 211
number of law enforcement officer).. .. 212
213
2. The notices required under subparagraph 1. may not be 214
less than 8 inches by 10 inches and must shall be sufficiently 215
weatherproof to withstand normal exposure to the elements. In 216
addition to posting, the law enforcement officer shall make a 217
reasonable effort to ascertain the name and address of the 218
owner. If such is reasonably available to the officer, she or he 219
shall mail a copy of such notice to the owner on or before the 220
date of posting. If the property is a motor vehicle as defined 221
in s. 320.01(1) or a vessel as defined in s. 327.02, the law 222
enforcement agency shall contact the Department of Highway 223
Safety and Motor Vehicles in order to determine the name and 224
address of the owner and any person who has filed a lien on the 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle or vessel as pr ovided in s. 319.27(2) or (3) or s. 226
328.15(1). On receipt of this information, the law enforcement 227
agency shall mail a copy of the notice by certified mail, return 228
receipt requested, to the owner and to the lienholder, if any, 229
except that a law enforcement officer who has issued a citation 230
for a violation of s. 376.15 or s. 823.11 to the owner of a 231
derelict vessel is not required to mail a copy of the notice by 232
certified mail, return receipt requested, to the owner. For a 233
derelict vessel or a vessel declare d a public nuisance pursuant 234
to s. 327.73(1)(aa), the mailed notice must inform the owner or 235
responsible party that he or she has a right to a hearing to 236
dispute the determination that the vessel is derelict or 237
otherwise in violation of the law. If a reque st for a hearing is 238
made, a state agency shall follow the processes set forth in s. 239
120.569. Local governmental entities shall follow the processes 240
set forth in s. 120.569, except that a local judge, magistrate, 241
or code enforcement officer may be designate d to conduct such a 242
hearing. If, at the end of 5 days after posting the notice in 243
sub-subparagraph 1.a., or at the end of 21 days after posting 244
the notice in sub-subparagraph 1.b., and mailing such notice, if 245
required, the owner or any person interested in the lost or 246
abandoned article or articles described has not removed the 247
article or articles from public property or shown reasonable 248
cause for failure to do so, and, in the case of a derelict 249
vessel or a vessel declared a public nuisance pursuant to s. 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
327.73(1)(aa), has not requested a hearing in accordance with 251
this section, the following shall apply: 252
a. For abandoned property other than a derelict vessel or 253
a vessel declared a public nuisance pursuant to s. 254
327.73(1)(aa), the law enforcement agency ma y retain any or all 255
of the property for its own use or for use by the state or unit 256
of local government, trade such property to another unit of 257
local government or state agency, donate the property to a 258
charitable organization, sell the property, or notify the 259
appropriate refuse removal service. 260
b. For a derelict vessel or a vessel declared a public 261
nuisance pursuant to s. 327.73(1)(aa), the law enforcement 262
agency or its designee may: 263
(I) Remove the vessel from the waters of this state and 264
destroy and dispose of the vessel or authorize another 265
governmental entity or its designee to do so; or 266
(II) Authorize the vessel's use as an artificial reef in 267
accordance with s. 379.249 if all necessary federal, state, and 268
local authorizations are received. 269
270
A law enforcement agency or its designee may also take action as 271
described in this sub -subparagraph if, following a hearing 272
pursuant to this section, the judge, magistrate, administrative 273
law judge, or hearing officer has determined the vessel to be 274
derelict as provided in s. 823.11 or otherwise in violation of 275
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the law in accordance with s. 327.73(1)(aa) and a final order 276
has been entered or the case is otherwise closed. 277
(4) The owner of any abandoned or lost property, or in the 278
case of a derelict vessel or a vessel declared a public nuisance 279
pursuant to s. 327.73(1)(aa) , the owner or other party 280
determined to be legally responsible for the vessel being upon 281
the waters of this state in a derelict condition or as a public 282
nuisance, who, after notice as provided in this section, does 283
not remove such property within the specified period is shall be 284
liable to the law enforcement agency, other governmental entity, 285
or the agency's or entity's designee for all costs of removal, 286
storage, and destruction, and disposal of such property, less 287
any salvage value obtained by disposal of the property. Upon 288
final disposition of the property, the law enforcement officer 289
or representative of the law enforcement agency or other 290
governmental entity shall notify the owner or in the case of a 291
derelict vessel or vessel declared a public nuisance pursuant to 292
s. 327.73(1)(aa), the owner or other party determined to be 293
legally responsible, if known, of the amount owed. In the case 294
of an abandoned vessel or motor vehicle, any person who neg lects 295
or refuses to pay such amount is not entitled to be issued a 296
certificate of registration for such vessel or motor vehicle, or 297
any other vessel or motor vehicle, until such costs have been 298
paid. A person who has neglected or refused to pay all costs o f 299
removal, storage, disposal, and destruction of a vessel or motor 300
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle as provided in this section, after having been provided 301
written notice via certified mail that such costs are owed, and 302
who applies for and is issued a registration for a vessel or 303
motor vehicle before such costs have been paid in full commits a 304
misdemeanor of the first degree, punishable as provided in s. 305
775.082 or s. 775.083. The law enforcement officer or 306
representative of the law enforcement agency or other 307
governmental entity s hall supply the Department of Highway 308
Safety and Motor Vehicles with a list of persons whose vessel 309
registration privileges and motor vehicle privileges have been 310
revoked under this subsection. The department or a person acting 311
as an agent of the departmen t may not issue a certificate of 312
registration to a person whose vessel and motor vehicle 313
registration privileges have been revoked, as provided by this 314
subsection, until such costs have been paid. 315
Section 8. Effective July 1, 2023, paragraph (a) of 316
subsection (2) of section 705.103, Florida Statutes, as amended 317
by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 318
read: 319
705.103 Procedure for abandoned or lost property. — 320
(2)(a)1. Whenever a law enforcement officer ascertains 321
that: 322
a. An article of lost or abandoned property other than a 323
derelict vessel or a vessel declared a public nuisance pursuant 324
to s. 327.73(1)(aa) is present on public property and is of such 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
nature that it cannot be easily removed, the officer shall cause 326
a notice to be placed upon such article in substantially the 327
following form: 328
329
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 330
PROPERTY. This property, to wit: ...(setting forth brief 331
description)... is unlawfully upon public property known as 332
...(setting forth brief description of location)... and must be 333
removed within 5 days; otherwise, it will be removed and 334
disposed of pursuant to chapter 705, Florida Statutes. The owner 335
will be liable for the costs of removal, storage, and 336
publication of notice. Da ted this: ...(setting forth the date of 337
posting of notice)..., signed: ...(setting forth name, title, 338
address, and telephone number of law enforcement officer).... 339
340
b. A derelict vessel or a vessel declared a public 341
nuisance pursuant to s. 327.73(1)(aa) is present on the waters 342
of this state, the officer shall cause a notice to be placed 343
upon such vessel in substantially the following form: 344
345
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 346
VESSEL. This vessel, to wit: ...(setting forth brief description 347
of location)... has been determined to be ...(derelict or a 348
public nuisance)... and is unlawfully upon the waters of this 349
state ...(setting forth brief description of location)... and 350
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must be removed within 21 days; otherwise, it will be remov ed 351
and disposed of pursuant to chapter 705, Florida Statutes. The 352
owner and other interested parties have the right to a hearing 353
to challenge the determination that this vessel is derelict or 354
otherwise in violation of the law. Please contact ...(contact 355
information for person who can arrange for a hearing in 356
accordance with this section)... The owner or the party 357
determined to be legally responsible for the vessel being upon 358
the waters of this state in a derelict condition or as a public 359
nuisance will be liable for the costs of removal, destruction, 360
and disposal if this vessel is not removed by the owner. Dated 361
this: ...(setting forth the date of posting of notice)..., 362
signed: ...(setting forth name, title, address, and telephone 363
number of law enforcement of ficer).... 364
365
2. The notices required under subparagraph 1. may not be 366
less than 8 inches by 10 inches and must shall be sufficiently 367
weatherproof to withstand normal exposure to the elements. In 368
addition to posting, the law enforcement officer shall make a 369
reasonable effort to ascertain the name and address of the 370
owner. If such is reasonably available to the officer, she or he 371
shall mail a copy of such notice to the owner on or before the 372
date of posting. If the property is a motor vehicle as defined 373
in s. 320.01(1) or a vessel as defined in s. 327.02, the law 374
enforcement agency shall contact the Department of Highway 375
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Safety and Motor Vehicles in order to determine the name and 376
address of the owner and any person who has filed a lien on the 377
vehicle or vessel as provided in s. 319.27(2) or (3) or s. 378
328.15. On receipt of this information, the law enforcement 379
agency shall mail a copy of the notice by certified mail, return 380
receipt requested, to the owner and to the lienholder, if any, 381
except that a law enforc ement officer who has issued a citation 382
for a violation of s. 376.15 or s. 823.11 to the owner of a 383
derelict vessel is not required to mail a copy of the notice by 384
certified mail, return receipt requested, to the owner. For a 385
derelict vessel or a vessel de clared a public nuisance pursuant 386
to s. 327.73(1)(aa), the mailed notice must inform the owner or 387
responsible party that he or she has a right to a hearing to 388
dispute the determination that the vessel is derelict or 389
otherwise in violation of the law. If a request for a hearing is 390
made, a state agency shall follow the processes as set forth in 391
s. 120.569. Local governmental entities shall follow the 392
processes set forth in s. 120.569, except that a local judge, 393
magistrate, or code enforcement officer may be d esignated to 394
conduct such a hearing. If, at the end of 5 days after posting 395
the notice in sub-subparagraph 1.a., or at the end of 21 days 396
after posting the notice in sub -subparagraph 1.b., and mailing 397
such notice, if required, the owner or any person inter ested in 398
the lost or abandoned article or articles described has not 399
removed the article or articles from public property or shown 400
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reasonable cause for failure to do so, and, in the case of a 401
derelict vessel or a vessel declared a public nuisance pursuant 402
to s. 327.73(1)(aa), has not requested a hearing in accordance 403
with this section, the following shall apply: 404
a. For abandoned property other than a derelict vessel or 405
a vessel declared a public nuisance pursuant to s. 406
327.73(1)(aa), the law enforcement agency may retain any or all 407
of the property for its own use or for use by the state or unit 408
of local government, trade such property to another unit of 409
local government or state agency, donate the property to a 410
charitable organization, sell the property, or notify the 411
appropriate refuse removal service. 412
b. For a derelict vessel or a vessel declared a public 413
nuisance pursuant to s. 327.73(1)(aa), the law enforcement 414
agency or its designee may: 415
(I) Remove the vessel from the waters of this state and 416
destroy and dispose of the vessel or authorize another 417
governmental entity or its designee to do so; or 418
(II) Authorize the vessel's use as an artificial reef in 419
accordance with s. 379.249 if all necessary federal, state, and 420
local authorizations are received . 421
422
A law enforcement agency or its designee may also take action as 423
described in this sub -subparagraph if, following a hearing 424
pursuant to this section, the judge, magistrate, administrative 425
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law judge, or hearing officer has determined the vessel to be 426
derelict as provided in s. 823.11 or otherwise in violation of 427
the law in accordance with s. 327.73(1)(aa) and a final order 428
has been entered or the case is otherwise closed. 429
Section 9. Present subsections (4), (5), and (6) of 430
section 823.11, Florida Stat utes, are redesignated as 431
subsections (5), (6), and (7), respectively, a new subsection 432
(4) is added to that section, and subsection (1), paragraph (c) 433
of subsection (2), subsection (3), and present subsections (5) 434
and (6) of that section are amended, to r ead: 435
823.11 Derelict vessels; relocation or removal; penalty. — 436
(1) As used in this section and s. 376.15, the term: 437
(a) "Commission" means the Fish and Wildlife Conservation 438
Commission. 439
(b) "Derelict vessel" means a vessel, as defined in s. 440
327.02, that is: 441
1. In a wrecked, junked, or substantially dismantled 442
condition upon any waters of this state. 443
a. A vessel is wrecked if it is sunken or sinking; aground 444
without the ability to extricate itself absent mechanical 445
assistance; or remaining after a marine casualty, including, but 446
not limited to, a boating accident, extreme weather, or a fire. 447
b. A vessel is junked if it has been substantially 448
stripped of vessel components, if vessel components have 449
substantially degraded or been destroyed, or if the vessel has 450
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been discarded by the owner or operator. Attaching an outboard 451
motor to a vessel that is otherwise junked will not cause the 452
vessel to no longer be junked if such motor is not an effective 453
means of propulsion as required by s. 327.4107(2)(e) and 454
associated rules. 455
c. A vessel is substantially dismantled if at least two of 456
the three following vessel systems or components are missing, 457
compromised, incomplete, inoperable, or broken: 458
(I) The steering system; 459
(II) The propulsion system; or 460
(III) The exterior hull integrity. 461
462
Attaching an outboard motor to a vessel that is otherwise 463
substantially dismantled will not cause the vessel to no longer 464
be substantially dismantled if such motor is not an effective 465
means of propulsion as required by s . 327.4107(2)(e) and 466
associated rules. 467
2. At a port in this state without the consent of the 468
agency having jurisdiction thereof. 469
3. Docked, grounded, or beached upon the property of 470
another without the consent of the owner of the property. 471
(c) "Gross negligence" means conduct so reckless or 472
wanting in care that it constitutes a conscious disregard or 473
indifference to the safety of the property exposed to such 474
conduct. 475
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(d) "Willful misconduct" means conduct evidencing 476
carelessness or negligence of suc h a degree or recurrence as to 477
manifest culpability, wrongful intent, or evil design or to show 478
an intentional and substantial disregard of the interests of the 479
vessel owner. 480
(2) 481
(c) The additional time provided in subparagraph (b)2. for 482
an owner or responsible party to remove a derelict vessel from 483
the waters of this state or to repair and remedy the vessel's 484
derelict condition This subsection does not apply to a vessel 485
that was derelict upon the waters of this state before the 486
stated accident or event. 487
(3) The commission, an officer of the commission, or a law 488
enforcement agency or officer specified in s. 327.70 may 489
relocate, remove, and store, destroy, or dispose of or cause to 490
be relocated, removed, and stored, destroyed, or disposed of a 491
derelict vessel from waters of this state as defined in s. 492
327.02 if the derelict vessel obstructs or threatens to obstruct 493
navigation or in any way constitutes a danger to the 494
environment, property, or persons. The commission, an officer of 495
the commission, or any o ther law enforcement agency or officer 496
acting pursuant to this subsection to relocate, remove, and 497
store, destroy, dispose of or cause to be relocated, removed, 498
and stored, destroyed, or disposed of a derelict vessel from 499
waters of this state shall be held harmless for all damages to 500
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the derelict vessel resulting from such action unless the damage 501
results from gross negligence or willful misconduct. 502
(a) Removal of derelict vessels under this subsection may 503
be funded by grants provided in ss. 206.606 and 3 76.15. The 504
commission shall implement a plan for the procurement of any 505
available federal disaster funds and use such funds for the 506
removal of derelict vessels. 507
(b) All costs, including costs owed to a third party, 508
incurred by the commission, another law enforcement agency, or a 509
governmental subdivision, when the governmental subdivision has 510
received authorization from a law enforcement officer or agency, 511
in the relocation, removal, storage, destruction, or disposal of 512
a derelict vessel are recoverable against the vessel owner or 513
the party determined to be legally responsible for the vessel 514
being upon the waters of this state in a derelict condition. The 515
Department of Legal Affairs shall represent the commission in 516
actions to recover such costs. As provided in s. 705.103(4), a 517
person who neglects or refuses to pay such costs may not be 518
issued a certificate of registration for such vessel or for any 519
other vessel or motor vehicle until such costs have been paid. A 520
person who has neglected or refused to pay all costs of removal, 521
storage, destruction, or disposal of a derelict vessel as 522
provided in this section, after having been provided written 523
notice via certified mail that such costs are owed, and who 524
applies for and is issued a registration for a vessel or motor 525
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vehicle before such costs have been paid in full commits a 526
misdemeanor of the first degree, punishable as provided in s. 527
775.082 or s. 775.083. 528
(b)(c) A contractor performing such activities at the 529
direction of the commission, an officer of the commission, a law 530
enforcement agency or officer, or a governmental subdivision, 531
when the governmental subdivision has received authorization for 532
the relocation or remov al from a law enforcement officer or 533
agency, pursuant to this section must be licensed in accordance 534
with applicable United States Coast Guard regulations where 535
required; obtain and carry in full force and effect a policy 536
from a licensed insurance carrier in this state to insure 537
against any accident, loss, injury, property damage, or other 538
casualty caused by or resulting from the contractor's actions; 539
and be properly equipped to perform the services to be provided. 540
(4)(a) Removal of derelict vessels under this subsection 541
may be funded by grants provided in s. 206.606. 542
(b) The commission may implement a plan for the 543
procurement of any available federal disaster funds and use such 544
funds for the removal of derelict vessels. 545
(c) The commission may establis h a program to provide 546
grants to local governments for the removal, storage, 547
destruction, and disposal of derelict vessels from the waters of 548
this state. This grant funding may also be used for the removal, 549
storage, destruction, and disposal of vessels dec lared a public 550
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nuisance pursuant to s. 327.73(1)(aa). The program must be 551
funded from the Marine Resources Conservation Trust Fund or the 552
Florida Coastal Protection Trust Fund. Notwithstanding s. 553
216.181(11), funds available for these grants may only be 554
authorized by appropriations acts of the Legislature. In a given 555
fiscal year, if all funds appropriated pursuant to this 556
paragraph are not requested by and granted to local governments 557
for the removal, storage, destruction, and disposal of derelict 558
vessels or vessels declared a public nuisance pursuant to s. 559
327.73(1)(aa) by the end of the third quarter, the Fish and 560
Wildlife Conservation Commission may use the remainder of the 561
funds to remove, store, destroy, and dispose of, or to pay 562
private contractors to remove, store, destroy, and dispose of, 563
derelict vessels or vessels declared a public nuisance pursuant 564
to s. 327.73(1)(aa). The commission shall adopt by rule 565
procedures for local governments to submit a grant application 566
and criteria for allocating avail able funds. Such criteria must 567
include, at a minimum, the following: 568
1. The number of derelict vessels within the jurisdiction 569
of the applicant. 570
2. The threat posed by such vessels to public health or 571
safety, the environment, navigation, or the aesthet ic condition 572
of the general vicinity. 573
3. The degree of commitment of the local government to 574
maintain waters free of abandoned and derelict vessels and to 575
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seek legal action against those who abandon vessels in the 576
waters of this state as defined in s. 32 7.02. 577
(6)(5) A person, firm, or corporation violating this 578
section commits a misdemeanor of the first degree and shall be 579
punished as provided by law. A conviction under this section 580
does not bar the assessment and collection of a the civil 581
penalty provided in s. 376.16 for violation of s. 376.15 . The 582
court having jurisdiction over the criminal offense, 583
notwithstanding any jurisdictional limitations on the amount in 584
controversy, may order the imposition of such civil penalty in 585
addition to any sentence im posed for the first criminal offense. 586
(7)(6) If an owner or a responsible party of a vessel 587
determined to be derelict through an administrative or criminal 588
proceeding has been charged by an officer of the commission or 589
any law enforcement agency or offic er as specified in s. 327.70 590
under subsection (5) for a violation of subsection (2) or a 591
violation of s. 376.15(2) , a person may not reside or dwell on 592
such vessel until the vessel is removed from the waters of the 593
state permanently or returned to the wate rs of the state in a 594
condition that is no longer derelict. 595
Section 10. Paragraph (p) of subsection (4) of section 596
934.50, Florida Statutes, is amended to read: 597
934.50 Searches and seizure using a drone. — 598
(4) EXCEPTIONS.—This section does not prohib it the use of 599
a drone: 600
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(p) By an a non-law enforcement employee of the Fish and 601
Wildlife Conservation Commission or of the Florida Forest 602
Service for the purposes of managing and eradicating invasive 603
exotic plants or animals on public lands and suppressing and 604
mitigating wildfire threats. 605
Section 11. Section 11. Section 327.04, Florida Statutes, 606
is amended to read: 607
327.04 Rules.—The commission may adopt rules pursuant to 608
ss. 120.536(1) and 120.54 to implement this chapter, the 609
provisions of chapter 705 relating to vessels, and s. ss. 376.15 610
and 823.11 conferring powers or duties upon it. 611
Section 12. Subsection (4) of section 328.09, Florida 612
Statutes, is amended to read: 613
328.09 Refusal to issue and authority to cancel a 614
certificate of title or registration. — 615
(4) The department may not issue a cert ificate of title to 616
an applicant for a vessel that has been deemed derelict by a law 617
enforcement officer under s. 376.15 or s. 823.11. A law 618
enforcement officer must inform the department in writing, which 619
may be provided by facsimile, electronic mail, or other 620
electronic means, of the vessel's derelict status and supply the 621
department with the vessel title number or vessel identification 622
number. The department may issue a certificate of title once a 623
law enforcement officer has verified in writing, which ma y be 624
provided by facsimile, electronic mail, or other electronic 625
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means, that the vessel is no longer a derelict vessel. 626
Section 13. Section 25 of chapter 2021 -184, Laws of 627
Florida, is repealed. 628
Section 14. Paragraph (c) of subsection (15) of sectio n 629
328.72, Florida Statutes, is amended to read: 630
328.72 Classification; registration; fees and charges; 631
surcharge; disposition of fees; fines; marine turtle stickers. — 632
(15) DISTRIBUTION OF FEES. —Except as provided in this 633
subsection, moneys designated f or the use of the counties, as 634
specified in subsection (1), shall be distributed by the tax 635
collector to the board of county commissioners for use only as 636
provided in this section. Such moneys to be returned to the 637
counties are for the sole purposes of pro viding, maintaining, or 638
operating recreational channel marking and other uniform 639
waterway markers, public boat ramps, lifts, and hoists, marine 640
railways, boat piers, docks, mooring buoys, and other public 641
launching facilities; and removing derelict vessels , debris that 642
specifically impedes boat access, not including the dredging of 643
channels, and vessels and floating structures deemed a hazard to 644
public safety and health for failure to comply with s. 327.53. 645
Counties shall demonstrate through an annual detai led accounting 646
report of vessel registration revenues that the registration 647
fees were spent as provided in this subsection. This report 648
shall be provided to the Fish and Wildlife Conservation 649
Commission no later than November 1 of each year. If, before 650
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January 1 of each calendar year, the accounting report meeting 651
the prescribed criteria has still not been provided to the 652
commission, the tax collector of that county may not distribute 653
the moneys designated for the use of counties, as specified in 654
subsection (1), to the board of county commissioners but shall, 655
for the next calendar year, remit such moneys to the state for 656
deposit into the Marine Resources Conservation Trust Fund. The 657
commission shall return those moneys to the county if the county 658
fully complies with this section within that calendar year. If 659
the county does not fully comply with this section within that 660
calendar year, the moneys shall remain within the Marine 661
Resources Trust Fund and may be appropriated for the purposes 662
specified in this subs ection. 663
(c) From the vessel registration fees designated for use 664
by the counties in subsection (1), the following amounts shall 665
be remitted to the state for deposit into the Marine Resources 666
Conservation Trust Fund to fund derelict vessel removal grants, 667
as appropriated by the Legislature pursuant to s. 823.11(4)(c) 668
s. 376.15: 669
1. Class A-2: $0.25 for each 12 -month period registered. 670
2. Class 1: $2.06 for each 12 -month period registered. 671
3. Class 2: $9.26 for each 12 -month period registered. 672
4. Class 3: $16.45 for each 12 -month period registered. 673
5. Class 4: $20.06 for each 12 -month period registered. 674
6. Class 5: $25.46 for each 12 -month period registered . 675
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Section 15. Paragraph (h) of subsection (6) of section 676
376.11, Florida Statutes, is amended to read: 677
376.11 Florida Coastal Protection Trust Fund. — 678
(6) Moneys in the Florida Coastal Protection Trust Fund 679
may be used for the following purposes: 680
(h) The funding of a grant program to local governments, 681
pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the 682
removal of derelict vessels from the public waters of the state. 683
Section 16. For the purpose of incorporating the amendment 684
made by this act to section 379.101, Florida Statutes, in a 685
reference thereto, subsection (4) of sec tion 125.01, Florida 686
Statutes, is reenacted to read: 687
125.01 Powers and duties. — 688
(4) The legislative and governing body of a county shall 689
not have the power to regulate the taking or possession of 690
saltwater fish, as defined in s. 379.101, with respect t o the 691
method of taking, size, number, season, or species. However, 692
this subsection does not prohibit a county from prohibiting, for 693
reasons of protecting the public health, safety, or welfare, 694
saltwater fishing from real property owned by that county, nor 695
does it prohibit the imposition of excise taxes by county 696
ordinance. 697
Section 17. For the purpose of incorporating the amendment 698
made by this act to section 379.101, Florida Statutes, in a 699
reference thereto, section 379.2412, Florida Statutes, is 700
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reenacted to read: 701
379.2412 State preemption of power to regulate. —The power 702
to regulate the taking or possession of saltwater fish, as 703
defined in s. 379.101, is expressly reserved to the state. This 704
section does not prohibit a local government from prohibitin g, 705
for reasons of protecting the public health, safety, or welfare, 706
saltwater fishing from real property owned by that local 707
government. 708
Section 18. Except as otherwise expressly provided in this 709
act, this act shall take effect July 1, 2022. 710