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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. 327.35215, F.S.; requiring 3
that certain forms relating to boating under the 4
influence be provided by the Fish and Wildlife 5
Conservation Commission rather than the Department of 6
Highway Safety and Motor Vehicles; amending s. 7
327.371, F.S.; authorizing certain athletic teams or 8
sports affiliated with specified educational 9
institutions to operate a human -powered vessel within 10
the marked channel of the Florida Intracoastal 11
Waterway; amending s. 327.4107, F.S.; revising the 12
vessel conditions that an officer of the commission or 13
a law enforcement agency may use to determine that a 14
vessel is at risk of becoming derelict; amending s. 15
327.46, F.S.; prohibiting municipalities and counties 16
from designating public bathing beach or swim areas 17
within their jurisdictions which are within the marked 18
channel portion of the Florida Intracoastal Waterway 19
or within a specified distance from any portion of the 20
marked channel; repealing s. 376.15, F.S., relating to 21
derelict vessels and the relocation and removal of 22
such vessels from the waters of this state; amending 23
s. 379.101, F.S.; revising the definitions of the 24
terms "marine fish" and "saltwater fish"; 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
705.101, F.S.; revising the definiti on of the term 26
"abandoned property" to include vessels declared to be 27
a public nuisance; amending s. 705.103, F.S.; 28
clarifying the notice requirements and procedures for 29
vessels declared to be public nuisances; amending s. 30
823.11, F.S.; making technical ch anges; authorizing 31
the commission to establish a program to provide 32
grants to local governments for certain actions 33
regarding derelict vessels and those declared to be a 34
public nuisance; specifying sources for the funds to 35
be used, subject to an appropriat ion; authorizing the 36
commission to use funds not awarded as grants for 37
certain purposes; requiring the commission to adopt 38
rules for the grant applications and the criteria for 39
allocating the funds; amending s. 934.50, F.S.; 40
providing that all employees of the commission or the 41
Florida Forest Service may operate drones for 42
specified purposes; amending ss. 327.04, 327.352, 43
328.09, 328.72, and 376.11, F.S.; conforming 44
provisions to changes made by the act; repealing s. 45
25, chapter 2021-184, Laws of Florida, r elating to 46
derelict vessels; reenacting ss. 125.01(4) and 47
379.2412, F.S., relating to powers and duties of 48
legislative and governing bodies of counties and state 49
preemption of the regulating of taking or possessing 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
saltwater fish, respectively, to incorpor ate the 51
amendment made to s. 379.101(34), F.S., in a reference 52
thereto; providing effective dates. 53
54
Be It Enacted by the Legislature of the State of Florida: 55
56
Section 1. Subsection (2) of section 327.35215, Florida 57
Statutes, is amended to read: 58
327.35215 Penalty for failure to submit to test. — 59
(2) When a person refuses to submit to a blood test, 60
breath test, or urine test pursuant to s. 327.352, a law 61
enforcement officer who is authorized to make arrests for 62
violations of this chapter shall file with the clerk of the 63
court, on a form provided by the commission department, a 64
certified statement that probable cause existed to arrest the 65
person for a violation of s. 327.35 and that the person refused 66
to submit to a test as required by s. 327.352. Al ong with the 67
statement, the officer must also submit a sworn statement on a 68
form provided by the commission department that the person has 69
been advised of both the penalties for failure to submit to the 70
blood, breath, or urine test and the procedure for re questing a 71
hearing. 72
Section 2. Present paragraph (c) of subsection (1) of 73
section 327.371, Florida Statutes, is redesignated as paragraph 74
(d), and a new paragraph (c) is added to that subsection, to 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
read: 76
327.371 Human-powered vessels regulated. — 77
(1) A person may operate a human -powered vessel within the 78
boundaries of the marked channel of the Florida Intracoastal 79
Waterway as defined in s. 327.02: 80
(c) When participating in interscholastic, 81
intercollegiate, intramural, or club athletic teams or spo rts 82
that are affiliated with an educational institution identified 83
in s. 1000.21, s. 1002.01(2), s. 1003.01(2), s. 1005.02(4), or 84
s. 1005.03(1)(d). 85
Section 3. Paragraph (f) is added to subsection (2) of 86
section 327.4107, Florida Statutes, to read: 87
327.4107 Vessels at risk of becoming derelict on waters of 88
this state.— 89
(2) An officer of the commission or of a law enforcement 90
agency specified in s. 327.70 may determine that a vessel is at 91
risk of becoming derelict if any of the following conditions 92
exist: 93
(f) The vessel is tied to an unlawful or unpermitted 94
structure or mooring. 95
Section 4. Paragraph (b) of subsection (1) of section 96
327.46, Florida Statutes, is amended to read: 97
327.46 Boating-restricted areas.— 98
(1) Boating-restricted areas, including, but not limited 99
to, restrictions of vessel speeds and vessel traffic, may be 100
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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
established on the waters of this state for any purpose 101
necessary to protect the safety of the public if such 102
restrictions are necessary based on boating accidents, 103
visibility, hazardous currents or water levels, vessel traffic 104
congestion, or other navigational hazards or to protect 105
seagrasses on privately owned submerged lands. 106
(b) Municipalities and counties may establish the 107
following boating-restricted areas by ordinance, including, 108
notwithstanding the prohibition in s. 327.60(2)(c), within the 109
portion of the Florida Intracoastal Waterway within their 110
jurisdiction: 111
1. An ordinance establishing an idle speed, no wake 112
boating-restricted area, if the area is: 113
a. Within 500 feet of any boat ramp, hoist, marine 114
railway, or other launching or landing facility available for 115
use by the general boating public on waterways more than 300 116
feet in width or within 300 feet of any boat ramp, hoist , marine 117
railway, or other launching or landing facility available for 118
use by the general boating public on waterways not exceeding 300 119
feet in width. 120
b. Within 500 feet of fuel pumps or dispensers at any 121
marine fueling facility that sells motor fuel to the general 122
boating public on waterways more than 300 feet in width or 123
within 300 feet of the fuel pumps or dispensers at any licensed 124
terminal facility that sells motor fuel to the general boating 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
public on waterways not exceeding 300 feet in width. 126
c. Inside or within 300 feet of any lock structure. 127
2. An ordinance establishing a slow speed, minimum wake 128
boating-restricted area if the area is: 129
a. Within 300 feet of any bridge fender system. 130
b. Within 300 feet of any bridge span presenting a 131
vertical clearance of less than 25 feet or a horizontal 132
clearance of less than 100 feet. 133
c. On a creek, stream, canal, or similar linear waterway 134
if the waterway is less than 75 feet in width from shoreline to 135
shoreline. 136
d. On a lake or pond of less than 10 acres in total 137
surface area. 138
e. Within the boundaries of a permitted public mooring 139
field and a buffer around the mooring field of up to 100 feet. 140
3. An ordinance establishing a vessel -exclusion zone if 141
the area is: 142
a. Designated as a public bathing beach or swim area, 143
except that public bathing beach or swim areas may not be 144
established in whole or in part within the marked channel of the 145
Florida Intracoastal Waterway or within 100 feet of any portion 146
of the marked channel . 147
b. Within 300 feet of a dam, spillway, or flood control 148
structure. 149
150
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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
Vessel exclusion zones created pursuant to this subparagraph 151
must be marked with uniform waterway markers permitted by the 152
commission in accordance with this chapter. Such zones may not 153
be marked by ropes. 154
Section 5. Section 376.15, Florida Statutes, is repealed. 155
Section 6. Subsections (22) and (34) of section 379.101, 156
Florida Statutes, are amended to read: 157
379.101 Definitions. —In construing these statutes, where 158
the context does not clearly indicate oth erwise, the word, 159
phrase, or term: 160
(22) "Marine fish" means any saltwater species of finfish 161
of the classes Agnatha, Chondrichthyes, and Osteichthyes , and 162
marine invertebrates of in the classes Gastropoda and, Bivalvia, 163
the subphylum and Crustacea, or the phylum Echinodermata ; 164
however, the term but does not include nonliving shells or 165
echinoderms. 166
(34) "Saltwater fish" means: 167
(a) Any saltwater species of finfish of the classes 168
Agnatha, Chondrichthyes, or Osteichthyes and marine 169
invertebrates of the classes Gastropoda and, Bivalvia, the 170
subphylum or Crustacea, or of the phylum Echinodermata ; however, 171
the term but does not include nonliving shells or echinoderms; 172
and 173
(b) All classes of pisces, shellfish, sponges, and 174
crustaceans crustacea native to salt water. 175
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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 7. Subsection (3) of section 705.101, Florida 176
Statutes, is amended to read: 177
705.101 Definitions. —As used in this chapter: 178
(3) "Abandoned property" means all tangible personal 179
property that does not have an identifiable owner and that has 180
been disposed on public property in a wrecked, inoperative, or 181
partially dismantled condition or has no apparent intrinsic 182
value to the rightful owner. The term includes derelict vessels 183
as defined in s. 823.11 and vessels declared a public nuisance 184
pursuant to s. 327.73(1)(aa) . 185
Section 8. Paragraph (a) of subsection (2) and subsection 186
(4) of section 705.103, Florida Statutes, are amended to read: 187
705.103 Procedure for abandoned or lost property. — 188
(2)(a)1. Whenever a law enforcement officer ascertains 189
that: 190
a. An article of lost or abandoned property other than a 191
derelict vessel or a vessel declared a public nuisance pursuant 192
to s. 327.73(1)(aa) is present on public property and is of such 193
nature that it cannot be easily removed, the officer shall cause 194
a notice to be placed upon such article in substantially the 195
following form: 196
197
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE A TTACHED 198
PROPERTY. This property, to wit: ...(setting forth brief 199
description)... is unlawfully upon public property known as 200
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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
...(setting forth brief description of location)... and must be 201
removed within 5 days; otherwise, it will be removed and 202
disposed of pursuant to chapter 705, Florida Statutes. The owner 203
will be liable for the costs of removal, storage, and 204
publication of notice. Dated this: ...(setting forth the date of 205
posting of notice)..., signed: ...(setting forth name, title, 206
address, and telepho ne number of law enforcement officer).... 207
208
b. A derelict vessel or a vessel declared a public 209
nuisance pursuant to s. 327.73(1)(aa) is present on the waters 210
of this state, the officer shall cause a notice to be placed 211
upon such vessel in substantially th e following form: 212
213
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 214
VESSEL. This vessel, to wit: ...(setting forth brief 215
description)... has been determined to be ...(derelict or a 216
public nuisance)... and is unlawfully upon waters of this sta te 217
...(setting forth brief description of location)... and must be 218
removed within 21 days; otherwise, it will be removed and 219
disposed of pursuant to chapter 705, Florida Statutes. The owner 220
and other interested parties have the right to a hearing to 221
challenge the determination that this vessel is derelict or 222
otherwise in violation of the law. Please contact ...(contact 223
information for person who can arrange for a hearing in 224
accordance with this section).... The owner or the party 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
determined to be legally re sponsible for the vessel being upon 226
the waters of this state in a derelict condition or as a public 227
nuisance will be liable for the costs of removal, destruction, 228
and disposal if this vessel is not removed by the owner. Dated 229
this: ...(setting forth the da te of posting of notice)..., 230
signed: ...(setting forth name, title, address, and telephone 231
number of law enforcement officer).... 232
233
2. The notices required under subparagraph 1. may not be 234
less than 8 inches by 10 inches and must shall be sufficiently 235
weatherproof to withstand normal exposure to the elements. In 236
addition to posting, the law enforcement officer shall make a 237
reasonable effort to ascertain the name and address of the 238
owner. If such is reasonably available to the officer, she or he 239
shall mail a copy of such notice to the owner on or before the 240
date of posting. If the property is a motor vehicle as defined 241
in s. 320.01(1) or a vessel as defined in s. 327.02, the law 242
enforcement agency shall contact the Department of Highway 243
Safety and Motor Vehi cles in order to determine the name and 244
address of the owner and any person who has filed a lien on the 245
vehicle or vessel as provided in s. 319.27(2) or (3) or s. 246
328.15(1). On receipt of this information, the law enforcement 247
agency shall mail a copy of th e notice by certified mail, return 248
receipt requested, to the owner and to the lienholder, if any, 249
except that a law enforcement officer who has issued a citation 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
for a violation of s. 376.15 or s. 823.11 to the owner of a 251
derelict vessel is not required to mail a copy of the notice by 252
certified mail, return receipt requested, to the owner. For a 253
derelict vessel or a vessel declared a public nuisance pursuant 254
to s. 327.73(1)(aa), the mailed notice must inform the owner or 255
responsible party that he or she has a right to a hearing to 256
dispute the determination that the vessel is derelict or 257
otherwise in violation of the law. If a request for a hearing is 258
made, a state agency shall follow the processes set forth in s. 259
120.569. Local governmental entities shall fo llow the processes 260
set forth in s. 120.569, except that a local judge, magistrate, 261
or code enforcement officer may be designated to conduct such a 262
hearing. If, at the end of 5 days after posting the notice in 263
sub-subparagraph 1.a., or at the end of 21 days after posting 264
the notice in sub-subparagraph 1.b., and mailing such notice, if 265
required, the owner or any person interested in the lost or 266
abandoned article or articles described has not removed the 267
article or articles from public property or shown reason able 268
cause for failure to do so, and, in the case of a derelict 269
vessel or a vessel declared a public nuisance pursuant to s. 270
327.73(1)(aa), has not requested a hearing in accordance with 271
this section, the following shall apply: 272
a. For abandoned property other than a derelict vessel or 273
a vessel declared a public nuisance pursuant to s. 274
327.73(1)(aa), the law enforcement agency may retain any or all 275
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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
of the property for its own use or for use by the state or unit 276
of local government, trade such property to a nother unit of 277
local government or state agency, donate the property to a 278
charitable organization, sell the property, or notify the 279
appropriate refuse removal service. 280
b. For a derelict vessel or a vessel declared a public 281
nuisance pursuant to s. 327.73( 1)(aa), the law enforcement 282
agency or its designee may: 283
(I) Remove the vessel from the waters of this state and 284
destroy and dispose of the vessel or authorize another 285
governmental entity or its designee to do so; or 286
(II) Authorize the vessel's use as an artificial reef in 287
accordance with s. 379.249 if all necessary federal, state, and 288
local authorizations are received. 289
290
A law enforcement agency or its designee may also take action as 291
described in this sub -subparagraph if, following a hearing 292
pursuant to this section, the judge, magistrate, administrative 293
law judge, or hearing officer has determined the vessel to be 294
derelict as provided in s. 823.11 or otherwise in violation of 295
the law in accordance with s. 327.73(1)(aa) and a final order 296
has been entered or the case is otherwise closed. 297
(4) The owner of any abandoned or lost property, or in the 298
case of a derelict vessel or a vessel declared a public nuisance 299
pursuant to s. 327.73(1)(aa) , the owner or other party 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
determined to be legally responsible for the vessel being upon 301
the waters of this state in a derelict condition or as a public 302
nuisance, who, after notice as provided in this section, does 303
not remove such property within the specified period is shall be 304
liable to the law enforcement agency, othe r governmental entity, 305
or the agency's or entity's designee for all costs of removal, 306
storage, and destruction, and disposal of such property, less 307
any salvage value obtained by disposal of the property. Upon 308
final disposition of the property, the law enfo rcement officer 309
or representative of the law enforcement agency or other 310
governmental entity shall notify the owner or in the case of a 311
derelict vessel or vessel declared a public nuisance pursuant to 312
s. 327.73(1)(aa), the owner or other party determined t o be 313
legally responsible, if known, of the amount owed. In the case 314
of an abandoned vessel or motor vehicle, any person who neglects 315
or refuses to pay such amount is not entitled to be issued a 316
certificate of registration for such vessel or motor vehicle, or 317
any other vessel or motor vehicle, until such costs have been 318
paid. A person who has neglected or refused to pay all costs of 319
removal, storage, disposal, and destruction of a vessel or motor 320
vehicle as provided in this section, after having been provide d 321
written notice via certified mail that such costs are owed, and 322
who applies for and is issued a registration for a vessel or 323
motor vehicle before such costs have been paid in full commits a 324
misdemeanor of the first degree, punishable as provided in s. 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
775.082 or s. 775.083. The law enforcement officer or 326
representative of the law enforcement agency or other 327
governmental entity shall supply the Department of Highway 328
Safety and Motor Vehicles with a list of persons whose vessel 329
registration privileges and m otor vehicle privileges have been 330
revoked under this subsection. The department or a person acting 331
as an agent of the department may not issue a certificate of 332
registration to a person whose vessel and motor vehicle 333
registration privileges have been revoke d, as provided by this 334
subsection, until such costs have been paid. 335
Section 9. Effective July 1, 2023, paragraph (a) of 336
subsection (2) of section 705.103, Florida Statutes, as amended 337
by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 338
read: 339
705.103 Procedure for abandoned or lost property. — 340
(2)(a)1. Whenever a law enforcement officer ascertains 341
that: 342
a. An article of lost or abandoned property other than a 343
derelict vessel or a vessel declared a public nuisance pursuant 344
to s. 327.73(1)(aa) is present on public property and is of such 345
nature that it cannot be easily removed, the officer shall cause 346
a notice to be placed upon such article in substantially the 347
following form: 348
349
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 350
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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
PROPERTY. This property, to wit: ...(setting forth brief 351
description)... is unlawfully upon public property known as 352
...(setting forth brief description of location)... and must be 353
removed within 5 days; otherwise, it will be removed and 354
disposed of pursuant to chapter 705, Florida Statutes. The owner 355
will be liable for the costs of removal, storage, and 356
publication of notice. Dated this: ...(setting forth the date of 357
posting of notice)..., signed: ...(setting forth name, title, 358
address, and telephone numb er of law enforcement officer).... 359
360
b. A derelict vessel or a vessel declared a public 361
nuisance pursuant to s. 327.73(1)(aa) is present on the waters 362
of this state, the officer shall cause a notice to be placed 363
upon such vessel in substantially the following form: 364
365
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 366
VESSEL. This vessel, to wit: ...(setting forth brief description 367
of location)... has been determined to be ...(derelict or a 368
public nuisance)... and is unlawfully upon the wate rs of this 369
state ...(setting forth brief description of location)... and 370
must be removed within 21 days; otherwise, it will be removed 371
and disposed of pursuant to chapter 705, Florida Statutes. The 372
owner and other interested parties have the right to a hea ring 373
to challenge the determination that this vessel is derelict or 374
otherwise in violation of the law. Please contact ...(contact 375
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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
information for person who can arrange for a hearing in 376
accordance with this section)... The owner or the party 377
determined to be legally responsible for the vessel being upon 378
the waters of this state in a derelict condition or as a public 379
nuisance will be liable for the costs of removal, destruction, 380
and disposal if this vessel is not removed by the owner. Dated 381
this: ...(setting forth the date of posting of notice)..., 382
signed: ...(setting forth name, title, address, and telephone 383
number of law enforcement officer).... 384
385
2. The notices required under subparagraph 1. may not be 386
less than 8 inches by 10 inches and must shall be sufficiently 387
weatherproof to withstand normal exposure to the elements. In 388
addition to posting, the law enforcement officer shall make a 389
reasonable effort to ascertain the name and address of the 390
owner. If such is reasonably available to the officer, she or h e 391
shall mail a copy of such notice to the owner on or before the 392
date of posting. If the property is a motor vehicle as defined 393
in s. 320.01(1) or a vessel as defined in s. 327.02, the law 394
enforcement agency shall contact the Department of Highway 395
Safety and Motor Vehicles in order to determine the name and 396
address of the owner and any person who has filed a lien on the 397
vehicle or vessel as provided in s. 319.27(2) or (3) or s. 398
328.15. On receipt of this information, the law enforcement 399
agency shall mail a copy of the notice by certified mail, return 400
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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
receipt requested, to the owner and to the lienholder, if any, 401
except that a law enforcement officer who has issued a citation 402
for a violation of s. 376.15 or s. 823.11 to the owner of a 403
derelict vessel is not r equired to mail a copy of the notice by 404
certified mail, return receipt requested, to the owner. For a 405
derelict vessel or a vessel declared a public nuisance pursuant 406
to s. 327.73(1)(aa), the mailed notice must inform the owner or 407
responsible party that he or she has a right to a hearing to 408
dispute the determination that the vessel is derelict or 409
otherwise in violation of the law. If a request for a hearing is 410
made, a state agency shall follow the processes as set forth in 411
s. 120.569. Local governmental enti ties shall follow the 412
processes set forth in s. 120.569, except that a local judge, 413
magistrate, or code enforcement officer may be designated to 414
conduct such a hearing. If, at the end of 5 days after posting 415
the notice in sub-subparagraph 1.a., or at the e nd of 21 days 416
after posting the notice in sub -subparagraph 1.b., and mailing 417
such notice, if required, the owner or any person interested in 418
the lost or abandoned article or articles described has not 419
removed the article or articles from public property or shown 420
reasonable cause for failure to do so, and, in the case of a 421
derelict vessel or a vessel declared a public nuisance pursuant 422
to s. 327.73(1)(aa), has not requested a hearing in accordance 423
with this section, the following shall apply: 424
a. For abandoned property other than a derelict vessel or 425
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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 vessel declared a public nuisance pursuant to s. 426
327.73(1)(aa), the law enforcement agency may retain any or all 427
of the property for its own use or for use by the state or unit 428
of local government, trade such property to another unit of 429
local government or state agency, donate the property to a 430
charitable organization, sell the property, or notify the 431
appropriate refuse removal service. 432
b. For a derelict vessel or a vessel declared a public 433
nuisance pursuant to s. 327.73(1)(aa), the law enforcement 434
agency or its designee may: 435
(I) Remove the vessel from the waters of this state and 436
destroy and dispose of the vessel or authorize another 437
governmental entity or its designee to do so; or 438
(II) Authorize the vess el's use as an artificial reef in 439
accordance with s. 379.249 if all necessary federal, state, and 440
local authorizations are received. 441
442
A law enforcement agency or its designee may also take action as 443
described in this sub -subparagraph if, following a hearin g 444
pursuant to this section, the judge, magistrate, administrative 445
law judge, or hearing officer has determined the vessel to be 446
derelict as provided in s. 823.11 or otherwise in violation of 447
the law in accordance with s. 327.73(1)(aa) and a final order 448
has been entered or the case is otherwise closed. 449
Section 10. Present subsections (4), (5), and (6) of 450
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section 823.11, Florida Statutes, are redesignated as 451
subsections (5), (6), and (7), respectively, a new subsection 452
(4) is added to that section, and su bsection (1), paragraph (c) 453
of subsection (2), subsection (3), and present subsections (5) 454
and (6) of that section are amended, to read: 455
823.11 Derelict vessels; relocation or removal; penalty. — 456
(1) As used in this section and s. 376.15, the term: 457
(a) "Commission" means the Fish and Wildlife Conservation 458
Commission. 459
(b) "Derelict vessel" means a vessel, as defined in s. 460
327.02, that is: 461
1. In a wrecked, junked, or substantially dismantled 462
condition upon any waters of this state. 463
a. A vessel is wrecked if it is sunken or sinking; aground 464
without the ability to extricate itself absent mechanical 465
assistance; or remaining after a marine casualty, including, but 466
not limited to, a boating accident, extreme weather, or a fire. 467
b. A vessel is junked if it has been substantially 468
stripped of vessel components, if vessel components have 469
substantially degraded or been destroyed, or if the vessel has 470
been discarded by the owner or operator. Attaching an outboard 471
motor to a vessel that is otherwise junked wil l not cause the 472
vessel to no longer be junked if such motor is not an effective 473
means of propulsion as required by s. 327.4107(2)(e) and 474
associated rules. 475
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c. A vessel is substantially dismantled if at least two of 476
the three following vessel systems or co mponents are missing, 477
compromised, incomplete, inoperable, or broken: 478
(I) The steering system; 479
(II) The propulsion system; or 480
(III) The exterior hull integrity. 481
482
Attaching an outboard motor to a vessel that is otherwise 483
substantially dismantled will not cause the vessel to no longer 484
be substantially dismantled if such motor is not an effective 485
means of propulsion as required by s. 327.4107(2)(e) and 486
associated rules. 487
2. At a port in this state without the consent of the 488
agency having jurisdiction thereof. 489
3. Docked, grounded, or beached upon the property of 490
another without the consent of the owner of the property. 491
(c) "Gross negligence" means conduct so reckless or 492
wanting in care that it constitutes a conscious disregard or 493
indifference to the safety of the property exposed to such 494
conduct. 495
(d) "Willful misconduct" means conduct evidencing 496
carelessness or negligence of such a degree or recurrence as to 497
manifest culpability, wrongful intent, or evil design or to show 498
an intentional and substantial disregard of the interests of the 499
vessel owner. 500
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(2) 501
(c) The additional time provided in subparagraph (b)2. for 502
an owner or responsible party to remove a derelict vessel from 503
the waters of this state or to repair and remedy the vessel's 504
derelict condition This subsection does not apply to a vessel 505
that was derelict upon the waters of this state before the 506
stated accident or event. 507
(3) The commission, an officer of the commission, or a law 508
enforcement agency or officer specified in s. 327.70 may 509
relocate, remove, and store, destroy, or dispose of or cause to 510
be relocated, removed, and stored, destroyed, or disposed of a 511
derelict vessel from waters of this state as defined in s. 512
327.02 if the derelict vessel obstructs or threatens to obstruct 513
navigation or in any way constitutes a danger to the 514
environment, property, or persons. The commission, an officer of 515
the commission, or any other law enforcement agency or officer 516
acting pursuant to this subsection to relocate, remove, and 517
store, destroy, dispose of or cause to be relocated, removed, 518
and stored, destroyed, or disposed of a derelict vessel from 519
waters of this state shall be held harmless for all damages to 520
the derelict vessel resulting from such action unless the damage 521
results from gross ne gligence or willful misconduct. 522
(a) Removal of derelict vessels under this subsection may 523
be funded by grants provided in ss. 206.606 and 376.15. The 524
commission shall implement a plan for the procurement of any 525
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available federal disaster funds and use su ch funds for the 526
removal of derelict vessels. 527
(a)(b) All costs, including costs owed to a third party, 528
incurred by the commission, another law enforcement agency, or a 529
governmental subdivision, when the governmental subdivision has 530
received authorization from a law enforcement officer or agency, 531
in the relocation, removal, storage, destruction, or disposal of 532
a derelict vessel are recoverable against the vessel owner or 533
the party determined to be legally responsible for the vessel 534
being upon the waters of this state in a derelict condition. The 535
Department of Legal Affairs shall represent the commission in 536
actions to recover such costs. As provided in s. 705.103(4), a 537
person who neglects or refuses to pay such costs may not be 538
issued a certificate of regist ration for such vessel or for any 539
other vessel or motor vehicle until such costs have been paid. A 540
person who has neglected or refused to pay all costs of removal, 541
storage, destruction, or disposal of a derelict vessel as 542
provided in this section, after ha ving been provided written 543
notice via certified mail that such costs are owed, and who 544
applies for and is issued a registration for a vessel or motor 545
vehicle before such costs have been paid in full commits a 546
misdemeanor of the first degree, punishable as provided in s. 547
775.082 or s. 775.083. 548
(b)(c) A contractor performing such activities at the 549
direction of the commission, an officer of the commission, a law 550
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enforcement agency or officer, or a governmental subdivision, 551
when the governmental subdivision h as received authorization for 552
the relocation or removal from a law enforcement officer or 553
agency, pursuant to this section must be licensed in accordance 554
with applicable United States Coast Guard regulations where 555
required; obtain and carry in full force a nd effect a policy 556
from a licensed insurance carrier in this state to insure 557
against any accident, loss, injury, property damage, or other 558
casualty caused by or resulting from the contractor's actions; 559
and be properly equipped to perform the services to be provided. 560
(4)(a) Removal of derelict vessels under this subsection 561
may be funded by grants provided in s. 206.606. 562
(b) The commission may implement a plan for the 563
procurement of any available federal disaster funds and use such 564
funds for the removal o f derelict vessels. 565
(c) The commission may establish a program to provide 566
grants to local governments for the removal, storage, 567
destruction, and disposal of derelict vessels from the waters of 568
this state. This grant funding may also be used for the remov al, 569
storage, destruction, and disposal of vessels declared a public 570
nuisance pursuant to s. 327.73(1)(aa). The program must be 571
funded from the Marine Resources Conservation Trust Fund or the 572
Florida Coastal Protection Trust Fund. Notwithstanding s. 573
216.181(11), funds available for these grants may only be 574
authorized by appropriations acts of the Legislature. In a given 575
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fiscal year, if all funds appropriated pursuant to this 576
paragraph are not requested by and granted to local governments 577
for the removal, sto rage, destruction, and disposal of derelict 578
vessels or vessels declared a public nuisance pursuant to s. 579
327.73(1)(aa) by the end of the third quarter, the Fish and 580
Wildlife Conservation Commission may use the remainder of the 581
funds to remove, store, destr oy, and dispose of, or to pay 582
private contractors to remove, store, destroy, and dispose of, 583
derelict vessels or vessels declared a public nuisance pursuant 584
to s. 327.73(1)(aa). The commission shall adopt by rule 585
procedures for local governments to submit a grant application 586
and criteria for allocating available funds. Such criteria must 587
include, at a minimum, the following: 588
1. The number of derelict vessels within the jurisdiction 589
of the applicant. 590
2. The threat posed by such vessels to public health o r 591
safety, the environment, navigation, or the aesthetic condition 592
of the general vicinity. 593
3. The degree of commitment of the local government to 594
maintain waters free of abandoned and derelict vessels and to 595
seek legal action against those who abandon ve ssels in the 596
waters of this state as defined in s. 327.02. 597
(6)(5) A person, firm, or corporation violating this 598
section commits a misdemeanor of the first degree and shall be 599
punished as provided by law. A conviction under this section 600
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does not bar the assessment and collection of a the civil 601
penalty provided in s. 376.16 for violation of s. 376.15 . The 602
court having jurisdiction over the criminal offense, 603
notwithstanding any jurisdictional limitations on the amount in 604
controversy, may order the imposition of such civil penalty in 605
addition to any sentence imposed for the first criminal offense. 606
(7)(6) If an owner or a responsible party of a vessel 607
determined to be derelict through an administrative or criminal 608
proceeding has been charged by an officer of the commission or 609
any law enforcement agency or officer as specified in s. 327.70 610
under subsection (5) for a violation of subsection (2) or a 611
violation of s. 376.15(2) , a person may not reside or dwell on 612
such vessel until the vessel is removed from the wa ters of the 613
state permanently or returned to the waters of the state in a 614
condition that is no longer derelict. 615
Section 11. Paragraph (p) of subsection (4) of section 616
934.50, Florida Statutes, is amended to read: 617
934.50 Searches and seizure using a drone.— 618
(4) EXCEPTIONS.—This section does not prohibit the use of 619
a drone: 620
(p) By an a non-law enforcement employee of the Fish and 621
Wildlife Conservation Commission or of the Florida Forest 622
Service for the purposes of managing and eradicating invasive 623
exotic plants or animals on public lands and suppressing and 624
mitigating wildfire threats. 625
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Section 12. Section 327.04, Florida Statutes, is amended 626
to read: 627
327.04 Rules.—The commission may adopt rules pursuant to 628
ss. 120.536(1) and 120.54 to implemen t this chapter, the 629
provisions of chapter 705 relating to vessels, and s. ss. 376.15 630
and 823.11 conferring powers or duties upon it . 631
Section 13. Paragraphs (a) and (c) of subsection (1) of 632
section 327.352, Florida Statutes, are amended to read: 633
327.352 Tests for alcohol, chemical substances, or 634
controlled substances; implied consent; refusal. — 635
(1)(a)1. The Legislature declares that the operation of a 636
vessel is a privilege that must be exercised in a reasonable 637
manner. In order to protect the public health and safety, it is 638
essential that a lawful and effective means of reducing the 639
incidence of boating while impaired or intoxicated be 640
established. Therefore, a person who accepts the privilege 641
extended by the laws of this state of operating a vessel w ithin 642
this state is, by operating such vessel, deemed to have given 643
his or her consent to submit to an approved chemical test or 644
physical test including, but not limited to, an infrared light 645
test of his or her breath for the purpose of determining the 646
alcoholic content of his or her blood or breath if the person is 647
lawfully arrested for any offense allegedly committed while the 648
person was operating a vessel while under the influence of 649
alcoholic beverages. The chemical or physical breath test must 650
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be incidental to a lawful arrest and administered at the request 651
of a law enforcement officer who has reasonable cause to believe 652
such person was operating the vessel within this state while 653
under the influence of alcoholic beverages. The administration 654
of a breath test does not preclude the administration of another 655
type of test. The person must shall be told that his or her 656
failure to submit to any lawful test of his or her breath under 657
this chapter will result in a civil penalty of $500, and shall 658
also be told that if he or she refuses to submit to a lawful 659
test of his or her breath and he or she has been previously 660
fined under s. 327.35215 or his or her driving privilege has 661
been previously had his or her driver license suspended for 662
refusal to submit to any law ful test of his or her breath, 663
urine, or blood, he or she commits a misdemeanor of the first 664
degree, punishable as provided in s. 775.082 or s. 775.083, in 665
addition to any other penalties provided by law. The refusal to 666
submit to a chemical or physical bre ath test upon the request of 667
a law enforcement officer as provided in this section is 668
admissible into evidence in any criminal proceeding. 669
2. A person who accepts the privilege extended by the laws 670
of this state of operating a vessel within this state is , by 671
operating such vessel, deemed to have given his or her consent 672
to submit to a urine test for the purpose of detecting the 673
presence of chemical substances as set forth in s. 877.111 or 674
controlled substances if the person is lawfully arrested for any 675
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offense allegedly committed while the person was operating a 676
vessel while under the influence of chemical substances or 677
controlled substances. The urine test must be incidental to a 678
lawful arrest and administered at a detention facility or any 679
other facility, mobile or otherwise, which is equipped to 680
administer such tests at the request of a law enforcement 681
officer who has reasonable cause to believe such person was 682
operating a vessel within this state while under the influence 683
of chemical substances or contr olled substances. The urine test 684
must shall be administered at a detention facility or any other 685
facility, mobile or otherwise, which is equipped to administer 686
such test in a reasonable manner that will ensure the accuracy 687
of the specimen and maintain the privacy of the individual 688
involved. The administration of a urine test does not preclude 689
the administration of another type of test. The person must 690
shall be told that his or her failure to submit to any lawful 691
test of his or her urine under this chapter w ill result in a 692
civil penalty of $500, and shall also be told that if he or she 693
refuses to submit to a lawful test of his or her urine and he or 694
she has been previously fined under s. 327.35215 or his or her 695
driving privilege has been previously had his or her driver 696
license suspended for refusal to submit to any lawful test of 697
his or her breath, urine, or blood, he or she commits a 698
misdemeanor of the first degree, punishable as provided in s. 699
775.082 or s. 775.083, in addition to any other penalties 700
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provided by law. The refusal to submit to a urine test upon the 701
request of a law enforcement officer as provided in this section 702
is admissible into evidence in any criminal proceeding. 703
(c) A person who accepts the privilege extended by the 704
laws of this state o f operating a vessel within this state is, 705
by operating such vessel, deemed to have given his or her 706
consent to submit to an approved blood test for the purpose of 707
determining the alcoholic content of the blood or a blood test 708
for the purpose of determinin g the presence of chemical 709
substances or controlled substances as provided in this section 710
if there is reasonable cause to believe the person was operating 711
a vessel while under the influence of alcoholic beverages or 712
chemical or controlled substances and t he person appears for 713
treatment at a hospital, clinic, or other medical facility and 714
the administration of a breath or urine test is impractical or 715
impossible. As used in this paragraph, the term "other medical 716
facility" includes an ambulance or other medi cal emergency 717
vehicle. The blood test shall be performed in a reasonable 718
manner. A person who is incapable of refusal by reason of 719
unconsciousness or other mental or physical condition is deemed 720
not to have withdrawn his or her consent to such test. A pers on 721
who is capable of refusal must shall be told that his or her 722
failure to submit to such a blood test will result in a civil 723
penalty of $500. The refusal to submit to a blood test upon the 724
request of a law enforcement officer is shall be admissible in 725
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evidence in any criminal proceeding . 726
Section 14. Subsection (4) of section 328.09, Florida 727
Statutes, is amended to read: 728
328.09 Refusal to issue and authority to cancel a 729
certificate of title or registration. — 730
(4) The department may not issue a certificate of title to 731
an applicant for a vessel that has been deemed derelict or a 732
public nuisance by a law enforcement officer under s. 733
327.73(1)(aa) s. 376.15 or s. 823.11. A law enforcement officer 734
must inform the department in writing, which may be provided by 735
facsimile, electronic mail, or other electronic means, of the 736
vessel's derelict or public nuisance status and supply the 737
department with the vessel title number or vessel identification 738
number. The department may issue a certificate of title once a 739
law enforcement officer has verified in writing, which may be 740
provided by facsimile, electronic mail, or other electronic 741
means, that the vessel is no longer a derelict or a public 742
nuisance vessel. 743
Section 15. Section 25 of chapter 2021 -184, Laws of 744
Florida, is repealed. 745
Section 16. Paragraph (c) of subsection (15) of section 746
328.72, Florida Statutes, is amended to read: 747
328.72 Classification; registration; fees and charges; 748
surcharge; disposition of fees; fines; marine turtle stickers. — 749
(15) DISTRIBUTION OF FEES. —Except as provided in this 750
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subsection, moneys designated for the use of the counties, as 751
specified in subsection (1), shall be distributed by the tax 752
collector to the board of county commissione rs for use only as 753
provided in this section. Such moneys to be returned to the 754
counties are for the sole purposes of providing, maintaining, or 755
operating recreational channel marking and other uniform 756
waterway markers, public boat ramps, lifts, and hoists, marine 757
railways, boat piers, docks, mooring buoys, and other public 758
launching facilities; and removing derelict vessels, debris that 759
specifically impedes boat access, not including the dredging of 760
channels, and vessels and floating structures deemed a haz ard to 761
public safety and health for failure to comply with s. 327.53. 762
Counties shall demonstrate through an annual detailed accounting 763
report of vessel registration revenues that the registration 764
fees were spent as provided in this subsection. This report 765
shall be provided to the Fish and Wildlife Conservation 766
Commission no later than November 1 of each year. If, before 767
January 1 of each calendar year, the accounting report meeting 768
the prescribed criteria has still not been provided to the 769
commission, the tax collector of that county may not distribute 770
the moneys designated for the use of counties, as specified in 771
subsection (1), to the board of county commissioners but shall, 772
for the next calendar year, remit such moneys to the state for 773
deposit into the Marine Resources Conservation Trust Fund. The 774
commission shall return those moneys to the county if the county 775
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fully complies with this section within that calendar year. If 776
the county does not fully comply with this section within that 777
calendar year, the mo neys shall remain within the Marine 778
Resources Trust Fund and may be appropriated for the purposes 779
specified in this subsection. 780
(c) From the vessel registration fees designated for use 781
by the counties in subsection (1), the following amounts shall 782
be remitted to the state for deposit into the Marine Resources 783
Conservation Trust Fund to fund derelict vessel removal grants, 784
as appropriated by the Legislature pursuant to s. 823.11(4)(c) 785
s. 376.15: 786
1. Class A-2: $0.25 for each 12 -month period registered. 787
2. Class 1: $2.06 for each 12 -month period registered. 788
3. Class 2: $9.26 for each 12 -month period registered. 789
4. Class 3: $16.45 for each 12 -month period registered. 790
5. Class 4: $20.06 for each 12 -month period registered. 791
6. Class 5: $25.46 for eac h 12-month period registered. 792
Section 17. Paragraph (h) of subsection (6) of section 793
376.11, Florida Statutes, is amended to read: 794
376.11 Florida Coastal Protection Trust Fund. — 795
(6) Moneys in the Florida Coastal Protection Trust Fund 796
may be used for the following purposes: 797
(h) The funding of a grant program to local governments, 798
pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e) , for the 799
removal of derelict and public nuisance vessels from the public 800
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waters of the state. 801
Section 18. For the purpose of incorporating the amendment 802
made by this act to section 379.101, Florida Statutes, in a 803
reference thereto, subsection (4) of section 125.01, Florida 804
Statutes, is reenacted to read: 805
125.01 Powers and duties. — 806
(4) The legislative and governing body of a county shall 807
not have the power to regulate the taking or possession of 808
saltwater fish, as defined in s. 379.101, with respect to the 809
method of taking, size, number, season, or species. However, 810
this subsection does not prohibit a county from pro hibiting, for 811
reasons of protecting the public health, safety, or welfare, 812
saltwater fishing from real property owned by that county, nor 813
does it prohibit the imposition of excise taxes by county 814
ordinance. 815
Section 19. For the purpose of incorporating the amendment 816
made by this act to section 379.101, Florida Statutes, in a 817
reference thereto, section 379.2412, Florida Statutes, is 818
reenacted to read: 819
379.2412 State preemption of power to regulate. —The power 820
to regulate the taking or possession of saltw ater fish, as 821
defined in s. 379.101, is expressly reserved to the state. This 822
section does not prohibit a local government from prohibiting, 823
for reasons of protecting the public health, safety, or welfare, 824
saltwater fishing from real property owned by that local 825
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government. 826
Section 20. Except as otherwise expressly provided in this 827
act, this act shall take effect July 1, 2022. 828