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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. 259.105, F.S.; providing 3
legislative findings; requiring lead land managing 4
agencies, in consultation with the Fish and Wildlife 5
Conservation Commission, to consider the use of s tate 6
lands as gopher tortoise recipient sites in certain 7
management plans; requiring certain management plans 8
to include feasibility assessments for managing gopher 9
tortoise recipient sites; authorizing owners of 10
certain lands to establish gopher tortoise recipient 11
sites or conservation banks on the lands under certain 12
conditions; requiring the commission to streamline and 13
improve the review of gopher tortoise recipient site 14
applications and approve or deny such applications 15
within a specified timeframe; re quiring the commission 16
to encourage the establishment of gopher tortoise 17
recipient sites on private lands and to create an 18
online dashboard for certain gopher tortoise recipient 19
site information; requiring the commission to submit a 20
report on gopher tortoi se recipient sites to the 21
Legislature by a specified date; providing report 22
requirements; amending s. 327.35215, F.S.; requiring 23
that certain forms relating to boating under the 24
influence be provided by the commission rather than 25
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the Department of Highway Safety and Motor Vehicles; 26
amending s. 327.371, F.S.; authorizing certain 27
athletic teams to operate a human -powered vessel 28
within the marked channel of the Florida Intracoastal 29
Waterway under certain conditions; requiring such 30
athletic teams to provide the commission with certain 31
notice; amending s. 327.4107, F.S.; revising the 32
vessel conditions that an officer of the commission or 33
a law enforcement agency may use to determine that a 34
vessel is at risk of becoming derelict; amending s. 35
327.46, F.S.; prohibit ing municipalities and counties 36
from designating public bathing beach or swim areas 37
within their jurisdictions on waters that include any 38
portion of the Florida Intracoastal Waterway or within 39
a specified distance of the marked channel of the 40
Florida Intracoastal Waterway; repealing s. 376.15, 41
F.S., relating to derelict vessels and the relocation 42
and removal of such vessels from the waters of this 43
state; amending s. 379.101, F.S.; revising the 44
definitions of the terms "marine fish" and "saltwater 45
fish"; amending s. 705.101, F.S.; revising the 46
definition of the term "abandoned property" to include 47
vessels declared to be a public nuisance; amending s. 48
705.103, F.S.; clarifying the notice requirements and 49
procedures for vessels declared to be public 50
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nuisances; amending s. 823.11, F.S.; making technical 51
changes; authorizing the commission to establish a 52
program to provide grants to local governments for 53
certain actions regarding derelict vessels and those 54
declared to be a public nuisance; specifying sources 55
for the funds to be used, subject to an appropriation; 56
authorizing the commission to use funds not awarded as 57
grants for certain purposes; requiring the commission 58
to adopt rules for the grant applications and the 59
criteria for allocating the funds; amending s. 934.50, 60
F.S.; providing that all employees of the commission 61
or the Florida Forest Service may operate drones for 62
specified purposes; amending ss. 327.04, 327.352, 63
328.09, 328.72, and 376.11, F.S.; conforming 64
provisions to changes made by the act; repealin g s. 65
25, chapter 2021-184, Laws of Florida, relating to 66
derelict vessels; reenacting ss. 125.01(4) and 67
379.2412, F.S., relating to powers and duties of 68
legislative and governing bodies of counties and state 69
preemption of the regulating of taking or possess ing 70
saltwater fish, respectively, to incorporate the 71
amendment made to s. 379.101, F.S., in references 72
thereto; providing effective dates. 73
74
Be It Enacted by the Legislature of the State of Florida: 75
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76
Section 1. Paragraphs (a) and (b) of subsection ( 2) of 77
section 259.105, Florida Statutes, are amended to read: 78
259.105 The Florida Forever Act. — 79
(2)(a) The Legislature finds and declares that: 80
1. Land acquisition programs have provided tremendous 81
financial resources for purchasing environmentally s ignificant 82
lands to protect those lands from imminent development or 83
alteration, thereby ensuring present and future generations' 84
access to important waterways, open spaces, and recreation and 85
conservation lands. 86
2. The continued alteration and developme nt of the state's 87
natural and rural areas to accommodate the state's growing 88
population have contributed to the degradation of water 89
resources, the fragmentation and destruction of wildlife 90
habitats, the loss of outdoor recreation space, and the 91
diminishment of wetlands, forests, working landscapes, and 92
coastal open space. 93
3. The potential development of the state's remaining 94
natural areas and escalation of land values require government 95
efforts to restore, bring under public protection, or acquire 96
lands and water areas to preserve the state's essential 97
ecological functions and invaluable quality of life. 98
4. It is essential to protect the state's ecosystems by 99
promoting a more efficient use of land, to ensure opportunities 100
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for viable agricultural activit ies on working lands, and to 101
promote vital rural and urban communities that support and 102
produce development patterns consistent with natural resource 103
protection. 104
5. The state's groundwater, surface waters, and springs 105
are under tremendous pressure due to population growth and 106
economic expansion and require special protection and 107
restoration efforts, including the protection of uplands and 108
springsheds that provide vital recharge to aquifer systems and 109
are critical to the protection of water quality and wat er 110
quantity of the aquifers and springs. To ensure that sufficient 111
quantities of water are available to meet the current and future 112
needs of the natural systems and citizens of the state, and 113
assist in achieving the planning goals of the department and the 114
water management districts, water resource development projects 115
on public lands, if compatible with the resource values of and 116
management objectives for the lands, are appropriate. 117
6. The needs of urban, suburban, and small communities in 118
the state for high-quality outdoor recreational opportunities, 119
greenways, trails, and open space have not been fully met by 120
previous acquisition programs. Through such programs as the 121
Florida Communities Trust and the Florida Recreation Development 122
Assistance Program, t he state shall place additional emphasis on 123
acquiring, protecting, preserving, and restoring open space, 124
ecological greenways, and recreation properties within urban, 125
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suburban, and rural areas where pristine natural communities or 126
water bodies no longer ex ist because of the proximity of 127
developed property. 128
7. Many of the state's unique ecosystems, such as the 129
Florida Everglades, are facing ecological collapse due to the 130
state's burgeoning population growth and other economic 131
activities. To preserve these valuable ecosystems for future 132
generations, essential parcels of land must be acquired to 133
facilitate ecosystem restoration. 134
8. Access to public lands to support a broad range of 135
outdoor recreational opportunities and the development of 136
necessary infrastructure, if compatible with the resource values 137
of and management objectives for such lands, promotes an 138
appreciation for the state's natural assets and improves the 139
quality of life. 140
9. Acquisition of lands, in fee simple, less than fee 141
interest, or other techniques shall be based on a comprehensive 142
science-based assessment of the state's natural resources which 143
targets essential conservation lands by prioritizing all current 144
and future acquisitions based on a uniform set of data and 145
planned so as to prote ct the integrity and function of 146
ecological systems and working landscapes, and provide multiple 147
benefits, including preservation of fish and wildlife habitat, 148
recreation space for urban and rural areas, and the restoration 149
of natural water storage, flow, and recharge. 150
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10. The state has embraced performance -based program 151
budgeting as a tool to evaluate the achievements of publicly 152
funded agencies, build in accountability, and reward those 153
agencies which are able to consistently achieve quantifiable 154
goals. While previous and existing state environmental programs 155
have achieved varying degrees of success, few of these programs 156
can be evaluated as to the extent of their achievements, 157
primarily because performance measures, standards, outcomes, and 158
goals were not established at the outset. Therefore, the Florida 159
Forever program shall be developed and implemented in the 160
context of measurable state goals and objectives. 161
11.a. The state must play a major role in the recovery and 162
management of its imperiled specie s through the acquisition, 163
restoration, enhancement, and management of ecosystems that can 164
support the major life functions of such species. It is the 165
intent of the Legislature to support local, state, and federal 166
programs that result in net benefit to imp eriled species habitat 167
by providing public and private land owners meaningful 168
incentives for acquiring, restoring, managing, and repopulating 169
habitats for imperiled species. It is the further intent of the 170
Legislature that public lands, both existing and t o be acquired, 171
identified by the lead land managing agency, in consultation 172
with the Fish and Wildlife Conservation Commission for animals 173
or the Department of Agriculture and Consumer Services for 174
plants, as habitat or potentially restorable habitat for 175
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imperiled species, be restored, enhanced, managed, and 176
repopulated as habitat for such species to advance the goals and 177
objectives of imperiled species management for conservation, 178
recreation, or both, consistent with the land management plan 179
without restricting other uses identified in the management 180
plan. It is also the intent of the Legislature that of the 181
proceeds distributed pursuant to subsection (3), additional 182
consideration be given to acquisitions that achieve a 183
combination of conservation goals, in cluding the restoration, 184
enhancement, management, or repopulation of habitat for 185
imperiled species. The council, in addition to the criteria in 186
subsection (9), shall give weight to projects that include 187
acquisition, restoration, management, or repopulation of habitat 188
for imperiled species. The term "imperiled species" as used in 189
this chapter and chapter 253, means plants and animals that are 190
federally listed under the Endangered Species Act, or state -191
listed by the Fish and Wildlife Conservation Commission o r the 192
Department of Agriculture and Consumer Services. As part of the 193
state's role, all state lands that have imperiled species 194
habitat shall include as a consideration in management plan 195
development the restoration, enhancement, management, and 196
repopulation of such habitats. In addition, the lead land 197
managing agency of such state lands may use fees received from 198
public or private entities for projects to offset adverse 199
impacts to imperiled species or their habitat in order to 200
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restore, enhance, manage, rep opulate, or acquire land and to 201
implement land management plans developed under s. 253.034 or a 202
land management prospectus developed and implemented under this 203
chapter. Such fees shall be deposited into a foundation or fund 204
created by each land management agency under s. 379.223, s. 205
589.012, or s. 259.032(9)(c), to be used solely to restore, 206
manage, enhance, repopulate, or acquire imperiled species 207
habitat. 208
b. The Legislature recognizes that there have been 209
geographical and capacity constraints on availab le gopher 210
tortoise recipient sites that have coincided with increased 211
demands for such sites. The Legislature also recognizes that the 212
success of gopher tortoise conservation depends on participation 213
by privately owned lands and the use of appropriate publ ic lands 214
for gopher tortoise and other imperiled species management and 215
recovery. To encourage adequate capacity for relocating gopher 216
tortoises, each lead land managing agency, in consultation with 217
the Fish and Wildlife Conservation Commission, shall cons ider 218
the feasibility of using a portion of state lands as a gopher 219
tortoise recipient site in management plans for all state lands 220
under the management of the agency that are greater than 40 221
contiguous acres. If the lead land managing agency, in 222
consultation with the Fish and Wildlife Conservation Commission, 223
determines that gopher tortoise recipient site management does 224
not conflict with the primary management objectives of the 225
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lands, the management plan must contain a component prepared by 226
the agency or cooperatively with a Fish and Wildlife 227
Conservation Commission wildlife biologist that assesses the 228
feasibility of managing the lands as a recipient site for gopher 229
tortoises consistent with rules of the Fish and Wildlife 230
Conservation Commission. The feasib ility assessment by the lead 231
land managing agency must also evaluate the economic feasibility 232
of establishing a gopher tortoise recipient site, including the 233
initial cost and recurring management costs of operating the 234
gopher tortoise recipient site consis tent with the rules of the 235
Fish and Wildlife Conservation Commission and the revenue 236
projections necessary to ensure the initial and recurring costs 237
of establishing and perpetually maintaining the gopher tortoise 238
recipient site do not create an increased r ecurring expense for 239
the agency. 240
12. There is a need to change the focus and direction of 241
the state's major land acquisition programs and to extend 242
funding and bonding capabilities, so that future generations may 243
enjoy the natural resources of this state . 244
(b) The Legislature recognizes that acquisition of lands 245
in fee simple is only one way to achieve the aforementioned 246
goals and encourages the use of less -than-fee interests, other 247
techniques, and the development of creative partnerships between 248
governmental agencies and private landowners. Such partnerships 249
may include those that advance the restoration, enhancement, 250
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management, or repopulation of imperiled species habitat on 251
state lands as provided for in subparagraph (a)11. Easements 252
acquired pursuant to s. 570.71(2)(a) and (b), land protection 253
agreements, and nonstate funded tools such as rural land 254
stewardship areas, sector planning, gopher tortoise recipient 255
sites, and mitigation should be used, where appropriate, to 256
bring environmentally sensitive tracts under an acceptable level 257
of protection at a lower financial cost to the public, and to 258
provide private landowners with the opportunity to enjoy and 259
benefit from their property. The owner of lands where a 260
conservation easement or other less -than-fee interest has been 261
acquired by the board or another state agency or a regional or 262
local government may establish a recipient site or conservation 263
bank on the lands to advance the restoration, enhancement, 264
management, or repopulation of imperiled species ha bitat so long 265
as the recipient site or operation and maintenance of the 266
conservation bank does not interfere with the management plan 267
for the conservation easement and the landowner complies with 268
all state and federal permitting requirements for the recipi ent 269
site or conservation bank. 270
Section 2. (1) By December 31, 2022, the Fish and 271
Wildlife Conservation Commission shall streamline and improve 272
the review of applications for public and private gopher 273
tortoise recipient sites. Requests for additional i nformation 274
must be received by the applicant within 45 days after receipt 275
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of an application and the commission shall approve or deny a 276
complete application within 45 days after receipt of such 277
application. 278
(2) By October 31, 2022, the Fish and Wildlife 279
Conservation Commission shall: 280
(a) Establish an ongoing effort to encourage the 281
establishment of new gopher tortoise recipient sites on private 282
lands throughout the state; and 283
(b) Update its permitting systems to create an online 284
dashboard to show permi tted and available capacity for 285
reservations in permitted gopher tortoise recipient sites to 286
assist with the efficient relocation of gopher tortoises. 287
(3) By February 1, 2023, the Fish and Wildlife 288
Conservation Commission shall submit a report to the Pre sident 289
of the Senate and the Speaker of the House of Representatives 290
that includes the following information: 291
(a) The progress made in establishing new private and 292
public gopher tortoise recipient sites; 293
(b) The average time it takes to approve or deny a 294
recipient site application once a complete application is 295
received; 296
(c) Any federal action taken to modify the listing of the 297
gopher tortoise under the Endangered Species Act; and 298
(d) Any other information relevant to the gopher tortoise 299
conservation program. 300
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Section 3. Subsection (2) of section 327.35215, Florida 301
Statutes, is amended to read: 302
327.35215 Penalty for failure to submit to test. — 303
(2) When a person refuses to submit to a blood test, 304
breath test, or urine test pursuant to s. 327.35 2, a law 305
enforcement officer who is authorized to make arrests for 306
violations of this chapter shall file with the clerk of the 307
court, on a form provided by the commission department, a 308
certified statement that probable cause existed to arrest the 309
person for a violation of s. 327.35 and that the person refused 310
to submit to a test as required by s. 327.352. Along with the 311
statement, the officer must also submit a sworn statement on a 312
form provided by the commission department that the person has 313
been advised of both the penalties for failure to submit to the 314
blood, breath, or urine test and the procedure for requesting a 315
hearing. 316
Section 4. Present paragraph (c) of subsection (1) of 317
section 327.371, Florida Statutes, is redesignated as paragraph 318
(d), and a new paragraph (c) is added to that subsection, to 319
read: 320
327.371 Human-powered vessels regulated. — 321
(1) A person may operate a human -powered vessel within the 322
boundaries of the marked channel of the Florida Intracoastal 323
Waterway as defined in s. 327.02: 324
(c) When participating in practices or competitions for 325
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interscholastic, intercollegiate, intramural, or club rowing 326
teams that are affiliated with an educational institution 327
identified in s. 1000.21, s. 1002.01(2), s. 1003.01(2), s. 328
1005.02(4), or s. 1005.03(1)(d) if the adjacent area outside of 329
the marked channel is not suitable for such practice or 330
competition. The teams must use their best efforts to make use 331
of the adjacent area outside of the marked channel. The 332
commission must be notified in writi ng of the details of any 333
such competition, and the notice must include, but need not be 334
limited to, the date, time, and location of the competition. 335
Section 5. Paragraph (f) is added to subsection (2) of 336
section 327.4107, Florida Statutes, to read: 337
327.4107 Vessels at risk of becoming derelict on waters of 338
this state.— 339
(2) An officer of the commission or of a law enforcement 340
agency specified in s. 327.70 may determine that a vessel is at 341
risk of becoming derelict if any of the following conditions 342
exist: 343
(f) The vessel is tied to an unlawful or unpermitted 344
structure or mooring. 345
Section 6. Paragraph (b) of subsection (1) of section 346
327.46, Florida Statutes, is amended to read: 347
327.46 Boating-restricted areas.— 348
(1) Boating-restricted areas, including, but not limited 349
to, restrictions of vessel speeds and vessel traffic, may be 350
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established on the waters of this state for any purpose 351
necessary to protect the safety of the public if such 352
restrictions are necessary based on boating accidents, 353
visibility, hazardous currents or water levels, vessel traffic 354
congestion, or other navigational hazards or to protect 355
seagrasses on privately owned submerged lands. 356
(b) Municipalities and counties may establish the 357
following boating-restricted areas by ordinance, including, 358
notwithstanding the prohibition in s. 327.60(2)(c), within the 359
portion of the Florida Intracoastal Waterway within their 360
jurisdiction: 361
1. An ordinance establishing an idle speed, no wake 362
boating-restricted area, if the area is: 363
a. Within 500 feet of any boat ramp, hoist, marine 364
railway, or other launching or landing facility available for 365
use by the general boating public on waterways more than 300 366
feet in width or within 300 feet of any boat ramp, hoist , marine 367
railway, or other launching or landing facility available for 368
use by the general boating public on waterways not exceeding 300 369
feet in width. 370
b. Within 500 feet of fuel pumps or dispensers at any 371
marine fueling facility that sells motor fuel to the general 372
boating public on waterways more than 300 feet in width or 373
within 300 feet of the fuel pumps or dispensers at any licensed 374
terminal facility that sells motor fuel to the general boating 375
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public on waterways not exceeding 300 feet in width. 376
c. Inside or within 300 feet of any lock structure. 377
2. An ordinance establishing a slow speed, minimum wake 378
boating-restricted area if the area is: 379
a. Within 300 feet of any bridge fender system. 380
b. Within 300 feet of any bridge span presenting a 381
vertical clearance of less than 25 feet or a horizontal 382
clearance of less than 100 feet. 383
c. On a creek, stream, canal, or similar linear waterway 384
if the waterway is less than 75 feet in width from shoreline to 385
shoreline. 386
d. On a lake or pond of less th an 10 acres in total 387
surface area. 388
e. Within the boundaries of a permitted public mooring 389
field and a buffer around the mooring field of up to 100 feet. 390
3. An ordinance establishing a vessel -exclusion zone if 391
the area is: 392
a. Designated as a public ba thing beach or swim area , 393
except that public bathing beach or swim areas may not be 394
established on waters that include any portion of the Florida 395
Intracoastal Waterway or that are within 100 feet of the marked 396
channel of the Florida Intracoastal Waterway . 397
b. Within 300 feet of a dam, spillway, or flood control 398
structure. 399
400
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Vessel exclusion zones created pursuant to this subparagraph 401
must be marked with uniform waterway markers permitted by the 402
commission in accordance with this chapter. Such zones may not 403
be marked by ropes. 404
Section 7. Section 376.15, Florida Statutes, is repealed. 405
Section 8. Subsections (22) and (34) of section 379.101, 406
Florida Statutes, are amended to read: 407
379.101 Definitions. —In construing these statutes, where 408
the context does not clearly indicate otherwise, the word, 409
phrase, or term: 410
(22) "Marine fish" means any saltwater species of finfish 411
of the classes Agnatha, Chondrichthyes, and Osteichthyes , and 412
marine invertebrates of in the classes Gastropoda and, Bivalvia, 413
the subphylum and Crustacea, or the phylum Echinodermata ; 414
however, the term but does not include nonliving shells or 415
echinoderms. 416
(34) "Saltwater fish" means: 417
(a) Any saltwater species of finfish of the classes 418
Agnatha, Chondrichthyes, or Osteichthyes and mari ne 419
invertebrates of the classes Gastropoda and, Bivalvia, the 420
subphylum or Crustacea, or of the phylum Echinodermata ; however, 421
the term but does not include nonliving shells or echinoderms; 422
and 423
(b) All classes of pisces, shellfish, sponges, and 424
crustaceans crustacea native to salt water. 425
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Section 9. Subsection (3) of section 705.101, Florida 426
Statutes, is amended to read: 427
705.101 Definitions. —As used in this chapter: 428
(3) "Abandoned property" means all tangible personal 429
property that does not have an identifiable owner and that has 430
been disposed on public property in a wrecked, inoperative, or 431
partially dismantled condition or has no apparent intrinsic 432
value to the rightful owner. The term includes derelict vessels 433
as defined in s. 823.11 and vessels declared a public nuisance 434
pursuant to s. 327.73(1)(aa) . 435
Section 10. Paragraph (a) of subsection (2) and subsection 436
(4) of section 705.103, Florida Statutes, are amende d to read: 437
705.103 Procedure for abandoned or lost property. — 438
(2)(a)1. Whenever a law enforcement officer ascertains 439
that: 440
a. An article of lost or abandoned property other than a 441
derelict vessel or a vessel declared a public nuisance pursuant 442
to s. 327.73(1)(aa) is present on public property and is of such 443
nature that it cannot be easily removed, the officer shall cause 444
a notice to be placed upon such article in substantially the 445
following form: 446
447
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 448
PROPERTY. This property, to wit: ...(setting forth brief 449
description)... is unlawfully upon public property known as 450
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...(setting forth brief description of location)... and must be 451
removed within 5 days; otherwise, it will be removed and 452
disposed of pursuant to chapter 705, Florida Statutes. The owner 453
will be liable for the costs of removal, storage, and 454
publication of notice. Dated this: ...(setting forth the date of 455
posting of notice)..., signed: ...(setting forth name, title, 456
address, and telephone number of law enforcement officer).... 457
458
b. A derelict vessel or a vessel declared a public 459
nuisance pursuant to s. 327.73(1)(aa) is present on the waters 460
of this state, the officer shall cause a notice to be placed 461
upon such vessel in substantially t he following form: 462
463
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 464
VESSEL. This vessel, to wit: ...(setting forth brief 465
description)... has been determined to be ...(derelict or a 466
public nuisance)... and is unlawfully upon waters of this st ate 467
...(setting forth brief description of location)... and must be 468
removed within 21 days; otherwise, it will be removed and 469
disposed of pursuant to chapter 705, Florida Statutes. The owner 470
and other interested parties have the right to a hearing to 471
challenge the determination that this vessel is derelict or 472
otherwise in violation of the law. Please contact ...(contact 473
information for person who can arrange for a hearing in 474
accordance with this section).... The owner or the party 475
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determined to be legally r esponsible for the vessel being upon 476
the waters of this state in a derelict condition or as a public 477
nuisance will be liable for the costs of removal, destruction, 478
and disposal if this vessel is not removed by the owner. Dated 479
this: ...(setting forth the d ate of posting of notice)..., 480
signed: ...(setting forth name, title, address, and telephone 481
number of law enforcement officer).... 482
483
2. The notices required under subparagraph 1. may not be 484
less than 8 inches by 10 inches and must shall be sufficiently 485
weatherproof to withstand normal exposure to the elements. In 486
addition to posting, the law enforcement officer shall make a 487
reasonable effort to ascertain the name and address of the 488
owner. If such is reasonably available to the officer, she or he 489
shall mail a copy of such notice to the owner on or before the 490
date of posting. If the property is a motor vehicle as defined 491
in s. 320.01(1) or a vessel as defined in s. 327.02, the law 492
enforcement agency shall contact the Department of Highway 493
Safety and Motor Veh icles in order to determine the name and 494
address of the owner and any person who has filed a lien on the 495
vehicle or vessel as provided in s. 319.27(2) or (3) or s. 496
328.15(1). On receipt of this information, the law enforcement 497
agency shall mail a copy of t he notice by certified mail, return 498
receipt requested, to the owner and to the lienholder, if any, 499
except that a law enforcement officer who has issued a citation 500
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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 501
derelict vessel is not required t o mail a copy of the notice by 502
certified mail, return receipt requested, to the owner. For a 503
derelict vessel or a vessel declared a public nuisance pursuant 504
to s. 327.73(1)(aa), the mailed notice must inform the owner or 505
responsible party that he or she ha s a right to a hearing to 506
dispute the determination that the vessel is derelict or 507
otherwise in violation of the law. If a request for a hearing is 508
made, a state agency shall follow the processes set forth in s. 509
120.569. Local governmental entities shall f ollow the processes 510
set forth in s. 120.569, except that a local judge, magistrate, 511
or code enforcement officer may be designated to conduct such a 512
hearing. If, at the end of 5 days after posting the notice in 513
sub-subparagraph 1.a., or at the end of 21 day s after posting 514
the notice in sub-subparagraph 1.b., and mailing such notice, if 515
required, the owner or any person interested in the lost or 516
abandoned article or articles described has not removed the 517
article or articles from public property or shown reaso nable 518
cause for failure to do so, and, in the case of a derelict 519
vessel or a vessel declared a public nuisance pursuant to s. 520
327.73(1)(aa), has not requested a hearing in accordance with 521
this section, the following shall apply: 522
a. For abandoned property other than a derelict vessel or 523
a vessel declared a public nuisance pursuant to s. 524
327.73(1)(aa), the law enforcement agency may retain any or all 525
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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 526
of local government, trade such property to another unit of 527
local government or state agency, donate the property to a 528
charitable organization, sell the property, or notify the 529
appropriate refuse removal service. 530
b. For a derelict vessel or a vessel declared a public 531
nuisance pursuant to s. 327.73 (1)(aa), the law enforcement 532
agency or its designee may: 533
(I) Remove the vessel from the waters of this state and 534
destroy and dispose of the vessel or authorize another 535
governmental entity or its designee to do so; or 536
(II) Authorize the vessel's use as an artificial reef in 537
accordance with s. 379.249 if all necessary federal, state, and 538
local authorizations are received. 539
540
A law enforcement agency or its designee may also take action as 541
described in this sub -subparagraph if, following a hearing 542
pursuant to this section, the judge, magistrate, administrative 543
law judge, or hearing officer has determined the vessel to be 544
derelict as provided in s. 823.11 or otherwise in violation of 545
the law in accordance with s. 327.73(1)(aa) and a final order 546
has been entered or the case is otherwise closed. 547
(4) The owner of any abandoned or lost property, or in the 548
case of a derelict vessel or a vessel declared a public nuisance 549
pursuant to s. 327.73(1)(aa) , the owner or other party 550
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determined to be legally responsible for the vessel being upon 551
the waters of this state in a derelict condition or as a public 552
nuisance, who, after notice as provided in this section, does 553
not remove such property within the specified period is shall be 554
liable to the law enforcement agency, othe r governmental entity, 555
or the agency's or entity's designee for all costs of removal, 556
storage, and destruction, and disposal of such property, less 557
any salvage value obtained by disposal of the property. Upon 558
final disposition of the property, the law enfo rcement officer 559
or representative of the law enforcement agency or other 560
governmental entity shall notify the owner or in the case of a 561
derelict vessel or vessel declared a public nuisance pursuant to 562
s. 327.73(1)(aa), the owner or other party determined t o be 563
legally responsible, if known, of the amount owed. In the case 564
of an abandoned vessel or motor vehicle, any person who neglects 565
or refuses to pay such amount is not entitled to be issued a 566
certificate of registration for such vessel or motor vehicle, or 567
any other vessel or motor vehicle, until such costs have been 568
paid. A person who has neglected or refused to pay all costs of 569
removal, storage, disposal, and destruction of a vessel or motor 570
vehicle as provided in this section, after having been provide d 571
written notice via certified mail that such costs are owed, and 572
who applies for and is issued a registration for a vessel or 573
motor vehicle before such costs have been paid in full commits a 574
misdemeanor of the first degree, punishable as provided in s. 575
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775.082 or s. 775.083. The law enforcement officer or 576
representative of the law enforcement agency or other 577
governmental entity shall supply the Department of Highway 578
Safety and Motor Vehicles with a list of persons whose vessel 579
registration privileges and m otor vehicle privileges have been 580
revoked under this subsection. The department or a person acting 581
as an agent of the department may not issue a certificate of 582
registration to a person whose vessel and motor vehicle 583
registration privileges have been revoke d, as provided by this 584
subsection, until such costs have been paid. 585
Section 11. Effective July 1, 2023, paragraph (a) of 586
subsection (2) of section 705.103, Florida Statutes, as amended 587
by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 588
read: 589
705.103 Procedure for abandoned or lost property. — 590
(2)(a)1. Whenever a law enforcement officer ascertains 591
that: 592
a. An article of lost or abandoned property other than a 593
derelict vessel or a vessel declared a public nuisance pursuant 594
to s. 327.73(1)(aa) is present on public property and is of such 595
nature that it cannot be easily removed, the officer shall cause 596
a notice to be placed upon such article in substantially the 597
following form: 598
599
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHE D 600
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PROPERTY. This property, to wit: ...(setting forth brief 601
description)... is unlawfully upon public property known as 602
...(setting forth brief description of location)... and must be 603
removed within 5 days; otherwise, it will be removed and 604
disposed of pursuant to chapter 705, Florida Statutes. The owner 605
will be liable for the costs of removal, storage, and 606
publication of notice. Dated this: ...(setting forth the date of 607
posting of notice)..., signed: ...(setting forth name, title, 608
address, and telephone num ber of law enforcement officer).... 609
610
b. A derelict vessel or a vessel declared a public 611
nuisance pursuant to s. 327.73(1)(aa) is present on the waters 612
of this state, the officer shall cause a notice to be placed 613
upon such vessel in substantially the foll owing form: 614
615
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 616
VESSEL. This vessel, to wit: ...(setting forth brief description 617
of location)... has been determined to be ...(derelict or a 618
public nuisance)... and is unlawfully upon the waters of this 619
state ...(setting forth brief description of location)... and 620
must be removed within 21 days; otherwise, it will be removed 621
and disposed of pursuant to chapter 705, Florida Statutes. The 622
owner and other interested parties have the right to a hearing 623
to challenge the determination that this vessel is derelict or 624
otherwise in violation of the law. Please contact ...(contact 625
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information for person who can arrange for a hearing in 626
accordance with this section)... The owner or the party 627
determined to be legally respon sible for the vessel being upon 628
the waters of this state in a derelict condition or as a public 629
nuisance will be liable for the costs of removal, destruction, 630
and disposal if this vessel is not removed by the owner. Dated 631
this: ...(setting forth the date o f posting of notice)..., 632
signed: ...(setting forth name, title, address, and telephone 633
number of law enforcement officer).... 634
635
2. The notices required under subparagraph 1. may not be 636
less than 8 inches by 10 inches and must shall be sufficiently 637
weatherproof to withstand normal exposure to the elements. In 638
addition to posting, the law enforcement officer shall make a 639
reasonable effort to ascertain the name and address of the 640
owner. If such is reasonably available to the officer, she or he 641
shall mail a copy of such notice to the owner on or before the 642
date of posting. If the property is a motor vehicle as defined 643
in s. 320.01(1) or a vessel as defined in s. 327.02, the law 644
enforcement agency shall contact the Department of Highway 645
Safety and Motor Vehicles in order to determine the name and 646
address of the owner and any person who has filed a lien on the 647
vehicle or vessel as provided in s. 319.27(2) or (3) or s. 648
328.15. On receipt of this information, the law enforcement 649
agency shall mail a copy of the notic e by certified mail, return 650
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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, 651
except that a law enforcement officer who has issued a citation 652
for a violation of s. 376.15 or s. 823.11 to the owner of a 653
derelict vessel is not required to mail a copy of the notice by 654
certified mail, return receipt requested, to the owner. For a 655
derelict vessel or a vessel declared a public nuisance pursuant 656
to s. 327.73(1)(aa), the mailed notice must inform the owner or 657
responsible party that he or she has a righ t to a hearing to 658
dispute the determination that the vessel is derelict or 659
otherwise in violation of the law. If a request for a hearing is 660
made, a state agency shall follow the processes as set forth in 661
s. 120.569. Local governmental entities shall follow the 662
processes set forth in s. 120.569, except that a local judge, 663
magistrate, or code enforcement officer may be designated to 664
conduct such a hearing. If, at the end of 5 days after posting 665
the notice in sub-subparagraph 1.a., or at the end of 21 days 666
after posting the notice in sub -subparagraph 1.b., and mailing 667
such notice, if required, the owner or any person interested in 668
the lost or abandoned article or articles described has not 669
removed the article or articles from public property or shown 670
reasonable cause for failure to do so, and, in the case of a 671
derelict vessel or a vessel declared a public nuisance pursuant 672
to s. 327.73(1)(aa), has not requested a hearing in accordance 673
with this section, the following shall apply: 674
a. For abandoned property othe r than a derelict vessel or 675
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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. 676
327.73(1)(aa), the law enforcement agency may retain any or all 677
of the property for its own use or for use by the state or unit 678
of local government, trade such property to anoth er unit of 679
local government or state agency, donate the property to a 680
charitable organization, sell the property, or notify the 681
appropriate refuse removal service. 682
b. For a derelict vessel or a vessel declared a public 683
nuisance pursuant to s. 327.73(1)(a a), the law enforcement 684
agency or its designee may: 685
(I) Remove the vessel from the waters of this state and 686
destroy and dispose of the vessel or authorize another 687
governmental entity or its designee to do so; or 688
(II) Authorize the vessel's use as an ar tificial reef in 689
accordance with s. 379.249 if all necessary federal, state, and 690
local authorizations are received. 691
692
A law enforcement agency or its designee may also take action as 693
described in this sub -subparagraph if, following a hearing 694
pursuant to this section, the judge, magistrate, administrative 695
law judge, or hearing officer has determined the vessel to be 696
derelict as provided in s. 823.11 or otherwise in violation of 697
the law in accordance with s. 327.73(1)(aa) and a final order 698
has been entered or the case is otherwise closed. 699
Section 12. Present subsections (4), (5), and (6) of 700
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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 823.11, Florida Statutes, are redesignated as 701
subsections (5), (6), and (7), respectively, a new subsection 702
(4) is added to that section, and subsection (1), paragraph (c) 703
of subsection (2), subsection (3), and present subsections (5) 704
and (6) of that section are amended, to read: 705
823.11 Derelict vessels; relocation or removal; penalty. — 706
(1) As used in this section and s. 376.15, the term: 707
(a) "Commission" means the Fish and Wildlife Conservation 708
Commission. 709
(b) "Derelict vessel" means a vessel, as defined in s. 710
327.02, that is: 711
1. In a wrecked, junked, or substantially dismantled 712
condition upon any waters of this state. 713
a. A vessel is wrecked if it is sunken or sinking; aground 714
without the ability to extricate itself absent mechanical 715
assistance; or remaining after a marine casualty, inc luding, but 716
not limited to, a boating accident, extreme weather, or a fire. 717
b. A vessel is junked if it has been substantially 718
stripped of vessel components, if vessel components have 719
substantially degraded or been destroyed, or if the vessel has 720
been discarded by the owner or operator. Attaching an outboard 721
motor to a vessel that is otherwise junked will not cause the 722
vessel to no longer be junked if such motor is not an effective 723
means of propulsion as required by s. 327.4107(2)(e) and 724
associated rules. 725
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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
c. A vessel is substantially dismantled if at least two of 726
the three following vessel systems or components are missing, 727
compromised, incomplete, inoperable, or broken: 728
(I) The steering system; 729
(II) The propulsion system; or 730
(III) The exterior hul l integrity. 731
732
Attaching an outboard motor to a vessel that is otherwise 733
substantially dismantled will not cause the vessel to no longer 734
be substantially dismantled if such motor is not an effective 735
means of propulsion as required by s. 327.4107(2)(e) and 736
associated rules. 737
2. At a port in this state without the consent of the 738
agency having jurisdiction thereof. 739
3. Docked, grounded, or beached upon the property of 740
another without the consent of the owner of the property. 741
(c) "Gross negligence" means con duct so reckless or 742
wanting in care that it constitutes a conscious disregard or 743
indifference to the safety of the property exposed to such 744
conduct. 745
(d) "Willful misconduct" means conduct evidencing 746
carelessness or negligence of such a degree or recurren ce as to 747
manifest culpability, wrongful intent, or evil design or to show 748
an intentional and substantial disregard of the interests of the 749
vessel owner. 750
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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
(2) 751
(c) The additional time provided in subparagraph (b)2. for 752
an owner or responsible party to remove a derelict vessel from 753
the waters of this state or to repair and remedy the vessel's 754
derelict condition This subsection does not apply to a vessel 755
that was derelict upon the waters of this state before the 756
stated accident or event. 757
(3) The commission, an officer of the commission, or a law 758
enforcement agency or officer specified in s. 327.70 may 759
relocate, remove, and store, destroy, or dispose of or cause to 760
be relocated, removed, and stored, destroyed, or disposed of a 761
derelict vessel from waters of this state as defined in s. 762
327.02 if the derelict vessel obstructs or threatens to obstruct 763
navigation or in any way constitutes a danger to the 764
environment, property, or persons. The commission, an officer of 765
the commission, or any other law enforceme nt agency or officer 766
acting pursuant to this subsection to relocate, remove, and 767
store, destroy, dispose of or cause to be relocated, removed, 768
and stored, destroyed, or disposed of a derelict vessel from 769
waters of this state shall be held harmless for all damages to 770
the derelict vessel resulting from such action unless the damage 771
results from gross negligence or willful misconduct. 772
(a) Removal of derelict vessels under this subsection may 773
be funded by grants provided in ss. 206.606 and 376.15. The 774
commission shall implement a plan for the procurement of any 775
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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
available federal disaster funds and use such funds for the 776
removal of derelict vessels. 777
(a)(b) All costs, including costs owed to a third party, 778
incurred by the commission, another law enforcement ag ency, or a 779
governmental subdivision, when the governmental subdivision has 780
received authorization from a law enforcement officer or agency, 781
in the relocation, removal, storage, destruction, or disposal of 782
a derelict vessel are recoverable against the vesse l owner or 783
the party determined to be legally responsible for the vessel 784
being upon the waters of this state in a derelict condition. The 785
Department of Legal Affairs shall represent the commission in 786
actions to recover such costs. As provided in s. 705.103 (4), a 787
person who neglects or refuses to pay such costs may not be 788
issued a certificate of registration for such vessel or for any 789
other vessel or motor vehicle until such costs have been paid. A 790
person who has neglected or refused to pay all costs of remo val, 791
storage, destruction, or disposal of a derelict vessel as 792
provided in this section, after having been provided written 793
notice via certified mail that such costs are owed, and who 794
applies for and is issued a registration for a vessel or motor 795
vehicle before such costs have been paid in full commits a 796
misdemeanor of the first degree, punishable as provided in s. 797
775.082 or s. 775.083. 798
(b)(c) A contractor performing such activities at the 799
direction of the commission, an officer of the commission, a law 800
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enforcement agency or officer, or a governmental subdivision, 801
when the governmental subdivision has received authorization for 802
the relocation or removal from a law enforcement officer or 803
agency, pursuant to this section must be licensed in accordance 804
with applicable United States Coast Guard regulations where 805
required; obtain and carry in full force and effect a policy 806
from a licensed insurance carrier in this state to insure 807
against any accident, loss, injury, property damage, or other 808
casualty caused by o r resulting from the contractor's actions; 809
and be properly equipped to perform the services to be provided. 810
(4)(a) Removal of derelict vessels under this subsection 811
may be funded by grants provided in s. 206.606. 812
(b) The commission may implement a plan for the 813
procurement of any available federal disaster funds and use such 814
funds for the removal of derelict vessels. 815
(c) The commission may establish a program to provide 816
grants to local governments for the removal, storage, 817
destruction, and disposal of derelict vessels from the waters of 818
this state. This grant funding may also be used for the removal, 819
storage, destruction, and disposal of vessels declared a public 820
nuisance pursuant to s. 327.73(1)(aa). The program must be 821
funded from the Marine Resources Conservation Trust Fund or the 822
Florida Coastal Protection Trust Fund. Notwithstanding s. 823
216.181(11), funds available for these grants may only be 824
authorized by appropriations acts of the Legislature. In a given 825
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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
fiscal year, if all funds appropriated purs uant to this 826
paragraph are not requested by and granted to local governments 827
for the removal, storage, destruction, and disposal of derelict 828
vessels or vessels declared a public nuisance pursuant to s. 829
327.73(1)(aa) by the end of the third quarter, the Fis h and 830
Wildlife Conservation Commission may use the remainder of the 831
funds to remove, store, destroy, and dispose of, or to pay 832
private contractors to remove, store, destroy, and dispose of, 833
derelict vessels or vessels declared a public nuisance pursuant 834
to s. 327.73(1)(aa). The commission shall adopt by rule 835
procedures for local governments to submit a grant application 836
and criteria for allocating available funds. Such criteria must 837
include, at a minimum, the following: 838
1. The number of derelict vessels within the jurisdiction 839
of the applicant. 840
2. The threat posed by such vessels to public health or 841
safety, the environment, navigation, or the aesthetic condition 842
of the general vicinity. 843
3. The degree of commitment of the local government to 844
maintain waters free of abandoned and derelict vessels and to 845
seek legal action against those who abandon vessels in the 846
waters of this state as defined in s. 327.02. 847
(6)(5) A person, firm, or corporation violating this 848
section commits a misdemeanor of the first d egree and shall be 849
punished as provided by law. A conviction under this section 850
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does not bar the assessment and collection of a the civil 851
penalty provided in s. 376.16 for violation of s. 376.15 . The 852
court having jurisdiction over the criminal offense, 853
notwithstanding any jurisdictional limitations on the amount in 854
controversy, may order the imposition of such civil penalty in 855
addition to any sentence imposed for the first criminal offense. 856
(7)(6) If an owner or a responsible party of a vessel 857
determined to be derelict through an administrative or criminal 858
proceeding has been charged by an officer of the commission or 859
any law enforcement agency or officer as specified in s. 327.70 860
under subsection (5) for a violation of subsection (2) or a 861
violation of s. 376.15(2), a person may not reside or dwell on 862
such vessel until the vessel is removed from the waters of the 863
state permanently or returned to the waters of the state in a 864
condition that is no longer derelict. 865
Section 13. Paragraph (p) of subsection (4 ) of section 866
934.50, Florida Statutes, is amended to read: 867
934.50 Searches and seizure using a drone. — 868
(4) EXCEPTIONS.—This section does not prohibit the use of 869
a drone: 870
(p) By an a non-law enforcement employee of the Fish and 871
Wildlife Conservation C ommission or of the Florida Forest 872
Service for the purposes of managing and eradicating invasive 873
exotic plants or animals on public lands and suppressing and 874
mitigating wildfire threats. 875
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Section 14. Section 327.04, Florida Statutes, is amended 876
to read: 877
327.04 Rules.—The commission may adopt rules pursuant to 878
ss. 120.536(1) and 120.54 to implement this chapter, the 879
provisions of chapter 705 relating to vessels, and s. ss. 376.15 880
and 823.11 conferring powers or duties upon it . 881
Section 15. Paragraphs (a) and (c) of subsection (1) of 882
section 327.352, Florida Statutes, are amended to read: 883
327.352 Tests for alcohol, chemical substances, or 884
controlled substances; implied consent; refusal. — 885
(1)(a)1. The Legislature declares that the operation of a 886
vessel is a privilege that must be exercised in a reasonable 887
manner. In order to protect the public health and safety, it is 888
essential that a lawful and effective means of reducing the 889
incidence of boating while impaired or intoxicated be 890
established. Therefo re, a person who accepts the privilege 891
extended by the laws of this state of operating a vessel within 892
this state is, by operating such vessel, deemed to have given 893
his or her consent to submit to an approved chemical test or 894
physical test including, but n ot limited to, an infrared light 895
test of his or her breath for the purpose of determining the 896
alcoholic content of his or her blood or breath if the person is 897
lawfully arrested for any offense allegedly committed while the 898
person was operating a vessel whi le under the influence of 899
alcoholic beverages. The chemical or physical breath test must 900
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be incidental to a lawful arrest and administered at the request 901
of a law enforcement officer who has reasonable cause to believe 902
such person was operating the vessel within this state while 903
under the influence of alcoholic beverages. The administration 904
of a breath test does not preclude the administration of another 905
type of test. The person must shall be told that his or her 906
failure to submit to any lawful test of his or her breath under 907
this chapter will result in a civil penalty of $500, and shall 908
also be told that if he or she refuses to submit to a lawful 909
test of his or her breath and he or she has been previously 910
fined under s. 327.35215 or his or her driving privi lege has 911
been previously had his or her driver license suspended for 912
refusal to submit to any lawful test of his or her breath, 913
urine, or blood, he or she commits a misdemeanor of the first 914
degree, punishable as provided in s. 775.082 or s. 775.083, in 915
addition to any other penalties provided by law. The refusal to 916
submit to a chemical or physical breath test upon the request of 917
a law enforcement officer as provided in this section is 918
admissible into evidence in any criminal proceeding. 919
2. A person who accepts the privilege extended by the laws 920
of this state of operating a vessel within this state is, by 921
operating such vessel, deemed to have given his or her consent 922
to submit to a urine test for the purpose of detecting the 923
presence of chemical substances as set forth in s. 877.111 or 924
controlled substances if the person is lawfully arrested for any 925
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offense allegedly committed while the person was operating a 926
vessel while under the influence of chemical substances or 927
controlled substances. The urine test mus t be incidental to a 928
lawful arrest and administered at a detention facility or any 929
other facility, mobile or otherwise, which is equipped to 930
administer such tests at the request of a law enforcement 931
officer who has reasonable cause to believe such person w as 932
operating a vessel within this state while under the influence 933
of chemical substances or controlled substances. The urine test 934
must shall be administered at a detention facility or any other 935
facility, mobile or otherwise, which is equipped to administer 936
such test in a reasonable manner that will ensure the accuracy 937
of the specimen and maintain the privacy of the individual 938
involved. The administration of a urine test does not preclude 939
the administration of another type of test. The person must 940
shall be told that his or her failure to submit to any lawful 941
test of his or her urine under this chapter will result in a 942
civil penalty of $500, and shall also be told that if he or she 943
refuses to submit to a lawful test of his or her urine and he or 944
she has been previously fined under s. 327.35215 or his or her 945
driving privilege has been previously had his or her driver 946
license suspended for refusal to submit to any lawful test of 947
his or her breath, urine, or blood, he or she commits a 948
misdemeanor of the first degree, punishable as provided in s. 949
775.082 or s. 775.083, in addition to any other penalties 950
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provided by law. The refu sal to submit to a urine test upon the 951
request of a law enforcement officer as provided in this section 952
is admissible into evidence in any criminal proceeding. 953
(c) A person who accepts the privilege extended by the 954
laws of this state of operating a vesse l within this state is, 955
by operating such vessel, deemed to have given his or her 956
consent to submit to an approved blood test for the purpose of 957
determining the alcoholic content of the blood or a blood test 958
for the purpose of determining the presence of c hemical 959
substances or controlled substances as provided in this section 960
if there is reasonable cause to believe the person was operating 961
a vessel while under the influence of alcoholic beverages or 962
chemical or controlled substances and the person appears f or 963
treatment at a hospital, clinic, or other medical facility and 964
the administration of a breath or urine test is impractical or 965
impossible. As used in this paragraph, the term "other medical 966
facility" includes an ambulance or other medical emergency 967
vehicle. The blood test shall be performed in a reasonable 968
manner. A person who is incapable of refusal by reason of 969
unconsciousness or other mental or physical condition is deemed 970
not to have withdrawn his or her consent to such test. A person 971
who is capable of refusal must shall be told that his or her 972
failure to submit to such a blood test will result in a civil 973
penalty of $500. The refusal to submit to a blood test upon the 974
request of a law enforcement officer is shall be admissible in 975
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evidence in any crimin al proceeding. 976
Section 16. Subsection (4) of section 328.09, Florida 977
Statutes, is amended to read: 978
328.09 Refusal to issue and authority to cancel a 979
certificate of title or registration. — 980
(4) The department may not issue a certificate of title to 981
an applicant for a vessel that has been deemed derelict or a 982
public nuisance by a law enforcement officer under s. 983
327.73(1)(aa) s. 376.15 or s. 823.11. A law enforcement officer 984
must inform the department in writing, which may be provided by 985
facsimile, electronic mail, or other electronic means, of the 986
vessel's derelict or public nuisance status and supply the 987
department with the vessel title number or vessel identification 988
number. The department may issue a certificate of title once a 989
law enforcement offic er has verified in writing, which may be 990
provided by facsimile, electronic mail, or other electronic 991
means, that the vessel is no longer a derelict or a public 992
nuisance vessel. 993
Section 17. Section 25 of chapter 2021 -184, Laws of 994
Florida, is repealed. 995
Section 18. Paragraph (c) of subsection (15) of section 996
328.72, Florida Statutes, is amended to read: 997
328.72 Classification; registration; fees and charges; 998
surcharge; disposition of fees; fines; marine turtle stickers. — 999
(15) DISTRIBUTION OF FEES. —Except as provided in this 1000
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subsection, moneys designated for the use of the counties, as 1001
specified in subsection (1), shall be distributed by the tax 1002
collector to the board of county commissioners for use only as 1003
provided in this section. Such moneys to be returned to the 1004
counties are for the sole purposes of providing, maintaining, or 1005
operating recreational channel marking and other uniform 1006
waterway markers, public boat ramps, lifts, and hoists, marine 1007
railways, boat piers, docks, mooring buoys, and other p ublic 1008
launching facilities; and removing derelict vessels, debris that 1009
specifically impedes boat access, not including the dredging of 1010
channels, and vessels and floating structures deemed a hazard to 1011
public safety and health for failure to comply with s. 3 27.53. 1012
Counties shall demonstrate through an annual detailed accounting 1013
report of vessel registration revenues that the registration 1014
fees were spent as provided in this subsection. This report 1015
shall be provided to the Fish and Wildlife Conservation 1016
Commission no later than November 1 of each year. If, before 1017
January 1 of each calendar year, the accounting report meeting 1018
the prescribed criteria has still not been provided to the 1019
commission, the tax collector of that county may not distribute 1020
the moneys designated for the use of counties, as specified in 1021
subsection (1), to the board of county commissioners but shall, 1022
for the next calendar year, remit such moneys to the state for 1023
deposit into the Marine Resources Conservation Trust Fund. The 1024
commission shall return those moneys to the county if the county 1025
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fully complies with this section within that calendar year. If 1026
the county does not fully comply with this section within that 1027
calendar year, the moneys shall remain within the Marine 1028
Resources Trust Fund and ma y be appropriated for the purposes 1029
specified in this subsection. 1030
(c) From the vessel registration fees designated for use 1031
by the counties in subsection (1), the following amounts shall 1032
be remitted to the state for deposit into the Marine Resources 1033
Conservation Trust Fund to fund derelict vessel removal grants, 1034
as appropriated by the Legislature pursuant to s. 823.11(4)(c) 1035
s. 376.15: 1036
1. Class A-2: $0.25 for each 12 -month period registered. 1037
2. Class 1: $2.06 for each 12 -month period registered. 1038
3. Class 2: $9.26 for each 12 -month period registered. 1039
4. Class 3: $16.45 for each 12 -month period registered. 1040
5. Class 4: $20.06 for each 12 -month period registered. 1041
6. Class 5: $25.46 for each 12 -month period registered. 1042
Section 19. Paragraph (h) of subsection (6) of section 1043
376.11, Florida Statutes, is amended to read: 1044
376.11 Florida Coastal Protection Trust Fund. — 1045
(6) Moneys in the Florida Coastal Protection Trust Fund 1046
may be used for the following purposes: 1047
(h) The funding of a grant program to local governments, 1048
pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e) , for the 1049
removal of derelict and public nuisance vessels from the public 1050
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waters of the state. 1051
Section 20. For the purpose of incorporating the amendment 1052
made by this act to secti on 379.101, Florida Statutes, in a 1053
reference thereto, subsection (4) of section 125.01, Florida 1054
Statutes, is reenacted to read: 1055
125.01 Powers and duties. — 1056
(4) The legislative and governing body of a county shall 1057
not have the power to regulate the taking or possession of 1058
saltwater fish, as defined in s. 379.101, with respect to the 1059
method of taking, size, number, season, or species. However, 1060
this subsection does not prohibit a county from prohibiting, for 1061
reasons of protecting the public health, saf ety, or welfare, 1062
saltwater fishing from real property owned by that county, nor 1063
does it prohibit the imposition of excise taxes by county 1064
ordinance. 1065
Section 21. For the purpose of incorporating the amendment 1066
made by this act to section 379.101, Florida Statutes, in a 1067
reference thereto, section 379.2412, Florida Statutes, is 1068
reenacted to read: 1069
379.2412 State preemption of power to regulate. —The power 1070
to regulate the taking or possession of saltwater fish, as 1071
defined in s. 379.101, is expressly reserved to the state. This 1072
section does not prohibit a local government from prohibiting, 1073
for reasons of protecting the public health, safety, or welfare, 1074
saltwater fishing from real property owned by that local 1075
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government. 1076
Section 22. Except as otherwise exp ressly provided in this 1077
act, this act shall take effect July 1, 2022. 1078