Florida 2022 2022 Regular Session

Florida House Bill H0323 Analysis / Analysis

Filed 11/23/2021

                    This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives. 
STORAGE NAME: h0323.EAF 
DATE: 11/23/2021 
 
HOUSE OF REPRESENTATIVES STAFF ANALYSIS  
 
BILL #: HB 323    Fish and Wildlife Conservation Commission 
SPONSOR(S): Sirois 
TIED BILLS:   IDEN./SIM. BILLS: SB 494 
 
REFERENCE 	ACTION ANALYST STAFF DIRECTOR or 
BUDGET/POLICY CHIEF 
1) Environment, Agriculture & Flooding 
Subcommittee 
 	Gawin Moore 
2) Agriculture & Natural Resources Appropriations 
Subcommittee 
   
3) State Affairs Committee    
SUMMARY ANALYSIS 
The Florida Fish and Wildlife Conservation Commission (FWC) is the agency responsible for regulating 
boating, wild animal life, fresh water aquatic life, and marine life in the state. 
 
A derelict vessel is a vessel that is left, stored, or abandoned in a wrecked, junked, or substantially dismantled 
condition upon any public state waters; at a port in the state without the consent of the agency that has 
jurisdiction of the port; or docked, grounded, or beached upon the property of another without the consent of 
the property owner. It is unlawful to store, leave, or abandon a derelict vessel in Florida. In addition, current law 
prohibits a vessel that is at risk of becoming derelict from anchoring, mooring, or occupying state waters. A 
vessel that has been the subject of three or more at-risk violations within an 18-month period is deemed a 
public nuisance. 
 
The bill expands the types of vessels that may be considered at-risk vessels by authorizing an FWC or law 
enforcement officer to determine that a vessel is at risk of becoming derelict if it is tied to an unlawful or 
unpermitted mooring or other structure. The bill also expands the definition of “abandoned property” to include 
vessels that have been declared a public nuisance to clarify that the laws and procedures that apply to 
abandoned property also apply to such vessels. 
 
The bill specifies that an owner or party responsible for a vessel declared a public nuisance who does not 
remove the vessel within 21 days after a notice directing the removal is placed on the vessel is liable for all 
costs of removal, storage, destruction, and disposal of the vessel. In addition, the bill specifies that grants 
provided to local governments for the removal, storage, destruction, and disposal of derelict vessels may also 
be used for the removal, storage, destruction, and disposal of vessels declared a public nuisance. 
 
The bill creates a standard for when FWC may establish springs protection zones by specifying that such 
zones may be established when substantial, competent evidence shows that demonstrable harm has been 
caused by vessel activity. 
 
The bill prohibits municipalities and counties from establishing public bathing beaches or swim areas in whole 
or in part within the marked channel of the Florida Intracoastal Waterway or within 100 feet of any portion of 
the marked channel.  
 
The bill authorizes a law enforcement employee of FWC or the Florida Forest Service to use drones for the 
purposes of managing and eradicating invasive exotic plants or animals on public lands and suppressing and 
mitigating wildfire threats.  
 
The bill does not appear to have a fiscal impact on the state or local governments.    STORAGE NAME: h0323.EAF 	PAGE: 2 
DATE: 11/23/2021 
  
FULL ANALYSIS 
I.  SUBSTANTIVE ANALYSIS 
 
A. EFFECT OF PROPOSED CHANGES: 
Background 
 
Fish and Wildlife Conservation Commission 
The Fish and Wildlife Conservation Commission (FWC) is the agency responsible for regulating boating 
in the state.
1
 Through its Division of Law Enforcement, FWC works to enforce a variety of state and 
federal boating laws, including regulations related to boating safety, waterway management, vessel 
maintenance, and marine sanitation. FWC also exercises the regulatory and executive powers of the 
state with respect to wild animal life, fresh water aquatic life, and marine life.
2
 These powers include 
authority with respect to the control and management of nonnative plant and animal species. 
 
Derelict Vessels 
A derelict vessel is a vessel that is left, stored, or abandoned in a wrecked, junked, or substantially 
dismantled condition upon any public state waters; at a port in the state without the consent of the 
agency that has jurisdiction of the port; or docked, grounded, or beached upon the property of another 
without the consent of the owner of the property.
3
 
 
It is unlawful to store, leave, or abandon
4
 a derelict vessel in Florida.
5
 Violations are punishable by a 
term of imprisonment of no more than one year and a fine of up to $1,000.
6
 State law further provides 
that a violation of derelict vessel laws may also be subject to a civil penalty of up to $75,000 per day.
7
 
Each day during any portion of which the violation occurs constitutes a separate offense.
8
 
 
At-risk Vessels 
Current law also prohibits vessels that are at risk of becoming derelict from anchoring, mooring, or 
occupying state waters.
9
 A vessel is considered at risk of becoming derelict if any of the following 
conditions exist: 
 The vessel is taking on or has taken on water without an effective means to dewater. 
 Spaces on the vessel that are designed to be enclosed are incapable of being sealed off or 
remain open to the elements for extended periods. 
 The vessel has broken loose or is in danger of breaking loose from its anchor. 
 The vessel is listing due to water intrusion. 
 The vessel does not have an effective means of propulsion for safe navigation within 72 hours 
after the vessel owner or operator receives telephonic notice, in-person notice recorded on an 
agency-approved body camera, or written notice, which may be provided by facsimile, electronic 
mail, or other electronic means, stating such from an officer, and the vessel owner or operator is 
unable to provide a receipt, proof of purchase, or other documentation of having ordered 
necessary parts for vessel repair.
10
 
 
A violation for anchoring, mooring, or occupying a vessel at risk of becoming derelict on state waters is 
a noncriminal infraction, for which the civil penalty is $100 for a first offense, $250 for a second offense 
                                                
1
 FWC, Boating, available at https://myfwc.com/boating/ (last visited Nov. 22, 2021). 
2
 Art. IV, s. 9, FLA. CONST. 
3
 Section 823.11(1)(b), F.S. 
4
 Section 705.101(3), F.S., defines “abandoned property” as all tangible personal property that does not have an identifiable owner and 
that has been disposed on public property in a wrecked, inoperative, or partially dismantled condition or has no apparent intrinsic 
value to the rightful owner. The term includes derelict vessels. 
5
 Section 823.11(2), F.S. 
6
 Sections 775.082(4)(a) and 775.083(1)(d), F.S. 
7
 Section 376.16(1), F.S. 
8
 Id. 
9
 Chapter 2016-108, Laws of Fla.; s. 327.4107, F.S. 
10
 Section 327.4107(2), F.S.  STORAGE NAME: h0323.EAF 	PAGE: 3 
DATE: 11/23/2021 
  
occurring 30 days or more after a first offense, and $500 for a third or subsequent offense occurring 30 
days or more after a previous offense.
11
 
 
A vessel that has been the subject of three or more at-risk vessel violations within an 18-month period 
that result in dispositions other than acquittal or dismissal is deemed a public nuisance.
12
 
 
Removal of Derelict and At-risk Vessels 
The Division of Law Enforcement within FWC and its officers, and the sheriffs of the various counties 
and their deputies, municipal police officers, and any other law enforcement officer, have the 
responsibility and authority to enforce vessel safety and vessel title certificates, liens, and registration.
13
 
 
Both state and local law enforcement are authorized and empowered to relocate or remove a derelict 
vessel from public waters if the derelict vessel obstructs, or threatens to obstruct, navigation or in any 
way constitutes a danger to the environment, property, or persons.
14
 Such law enforcement are also 
authorized to relocate or remove a vessel declared a public nuisance.
15
 
 
When a law enforcement officer determines that a derelict vessel or a vessel declared a public 
nuisance is present on state waters, the officer is required to place a notice on the vessel stating the 
vessel is unlawfully upon state waters and must be removed within 21 days.
16
 The notice must also 
specify that if the vessel is not removed by the owner within 21 days, the vessel will be removed and 
disposed of and that the owner or party deemed legally responsible for the vessel being in a derelict 
condition will be liable for costs of removal, destruction, and disposal if not removed.
17
 
 
The costs incurred for relocating or removing a derelict vessel are recoverable against the vessel 
owner. A vessel owner who neglects or refuses to pay the costs of removal, storage, and destruction of 
the vessel, less any salvage value obtained by disposal of the vessel, is not entitled to be issued a 
certificate of registration for such vessel, or any other vessel or motor vehicle, until the costs are paid.
18
 
 
FWC may provide grants to local governments for the removal, storage, destruction, and disposal of 
derelict vessels from state waters if funds are appropriated for such grants.
19
 Grants are awarded 
based on a set of criteria outlined in FWC rules.
20
 Removal or relocation of the vessel on private 
property is not eligible for grant funding.
21
 
  
Springs Protection Zones 
Geologists estimate that there are more than 1,000 springs in the state of Florida, representing what 
may be the largest concentration of freshwater springs on Earth.
22
 Springs offer many recreational 
opportunities, such as swimming, kayaking and diving; attract visitors from all over the world; and serve 
as economic drivers for Florida communities.
23
 
 
                                                
11
 Section 327.73(1)(aa), F.S. 
12
 Id. 
13
 Section 943.10(1), F.S., defines “law enforcement officer” as any person who is elected, appointed, or employed full time by any 
municipality or the state or any political subdivision thereof; who is vested with authority to bear arms and make arrests; and whose 
primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of 
the state. The definition also includes all certified supervisory and command personnel whose duties include, in whole or in part, the 
supervision, training, guidance, and management responsibilities of full-time law enforcement officers, part-time law enforcement 
officers, or auxiliary law enforcement officers but does not include support personnel employed by the employing agency.  
14
 Sections 376.15(3)(a) and 823.11(3), F.S. 
15
 Id. 
16
 Section 705.103(2)(a)(1)(b), F.S. 
17
 Id. 
18
 Section 705.103(4), F.S. 
19
 Section 376.15, F.S. 
20
 Rule 68-1.003, F.A.C. 
21
 National Oceanic and Atmospheric Association: Marine Debris Program, Abandoned and Derelict Vessels in Florida, available at 
https://marinedebris.noaa.gov/abandoned-and-derelict-vessels/florida (last visited Nov. 18, 2021). 
22
 DEP, Protect and Restore Springs, available at https://floridadep.gov/springs/protect-restore (last visited Nov. 18, 2021). 
23
 DEP, Springs, available at https://floridadep.gov/springs (last visited Nov. 18, 2021).  STORAGE NAME: h0323.EAF 	PAGE: 4 
DATE: 11/23/2021 
  
FWC is authorized to establish by rule protection zones that restrict the speed and operation of vessels 
to protect and prevent harm to springs. This harm includes negative impacts to water quality, water 
quantity, hydrology, wetlands, and aquatic and wetland-dependent species.
24
 When developing a 
protection zone, FWC must consult and coordinate with the water management district, the Department 
of Environmental Protection, and the governing bodies of the county and municipality, if applicable, in 
which the zone is located. If the zone includes navigable waters of the U.S., FWC must also coordinate 
with the U.S. Coast Guard and the U.S. Army Corps of Engineers.
25
 
 
Boating-restricted Areas 
Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, 
may be established on state waters for any purpose necessary to protect the safety of the public if such 
restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, 
vessel traffic congestion, or other navigational hazards or to protect seagrasses on privately owned 
submerged lands.
26
 
 
FWC may establish a boating-restricted area pursuant to the Administrative Procedure Act, and 
municipalities and counties have the authority to establish the following boating-restricted areas by 
ordinance, including within the portion of the Florida Intracoastal Waterway within their jurisdiction:
27
  
 An ordinance establishing an idle speed, no wake boating-restricted area, if the area is:  
o Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing 
facility available for use by the general boating public on waterways more than 300 feet 
in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or 
landing facility available for use by the general boating public on waterways not 
exceeding 300 feet in width. 
o Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor 
fuel to the general boating public on waterways more than 300 feet in width or within 300 
feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel 
to the general boating public on waterways not exceeding 300 feet in width. 
o Inside or within 300 feet of any lock structure. 
 An ordinance establishing a slow speed, minimum wake boating-restricted area if the area is: 
o Within 300 feet of any bridge fender system. 
o Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or 
a horizontal clearance of less than 100 feet. 
o On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet 
in width from shoreline to shoreline. 
o On a lake or pond of less than 10 acres in total surface area. 
o Within the boundaries of a permitted public mooring field and a buffer around the 
mooring field of up to 100 feet.  
 An ordinance establishing a vessel-exclusion zone if the area is designated as a public bathing 
beach or swim area or within 300 feet of a dam, spillway, or flood control structure. 
 
Florida Intracoastal Waterway 
The Intracoastal Waterway is a navigable toll-free shipping route, extending for about 3,000 miles along 
the Atlantic Ocean and Gulf of Mexico coasts in the southern and eastern U.S. It utilizes sounds, bays, 
lagoons, rivers, and canals and is usable in many portions by deep-draft vessels. The route is federally 
maintained and is connected to inland waterways in many places. It was originally planned to form a 
continuous channel from New York City to Brownsville, Texas, but the necessary canal link through 
northern Florida was never completed; hence, it is now in two separate sections—the Atlantic and the 
Gulf.
28
 
 
                                                
24
 Section 327.45(2), F.S. 
25
 Section 327.45(3), F.S. 
26
 Section 327.46(1), F.S. 
27
 Sections 327.46(1)(a) and (b), F.S. 
28
 Encyclopedia Britannica, Intracoastal Waterway, available at https://www.britannica.com/topic/Intracoastal-Waterway (last visited 
Nov. 18, 2021).  STORAGE NAME: h0323.EAF 	PAGE: 5 
DATE: 11/23/2021 
  
The Florida Intracoastal Waterway refers to the Atlantic Intracoastal Waterway, the Georgia state line 
north of Fernandina to Miami; the Port Canaveral lock and canal to the Atlantic Intracoastal Waterway; 
the Atlantic Intracoastal Waterway, Miami to Key West; the Okeechobee Waterway, Stuart to Fort 
Myers; the St. Johns River, Jacksonville to Sanford; the Gulf Intracoastal Waterway, Anclote to Fort 
Myers; the Gulf Intracoastal Waterway, Carrabelle to Tampa Bay; Carrabelle to Anclote open bay 
section, using the Gulf of Mexico; the Gulf Intracoastal Waterway, Carrabelle to the Alabama state line 
west of Pensacola; and the Apalachicola, Chattahoochee, and Flint Rivers in Florida.
29
 
 
Nonnative Plant and Animal Species 
Nonnative
30
 species are animals or plants living in Florida outside captivity or human cultivation that 
were not historically present in the state.
31
 More than 500 fish and wildlife nonnative species have been 
documented in Florida, and over 1,180 nonnative plant species have become established outside of 
human cultivation.
32
 Not all nonnative species pose a threat to Florida’s ecology, but some nonnative 
species become invasive species by causing harm to native species, posing a threat to human health 
and safety, or causing economic damage.
33
  
 
To manage and minimize the impacts of nonnative animal species, individuals may not import, 
introduce, or possess any nonnative animal species without a permit from FWC.
34
 Permittees who 
possess these species must meet certain requirements set by FWC related to identifying, inspecting, 
and transporting such species as well as record-keeping requirements and certain captivity 
requirements to prevent escape. Permittees are also required to maintain disaster incident plans and 
detailed research plans.
35
 To further manage invasive and nonnative species, FWC provides public 
education, exotic pet amnesty days to surrender nonnative pets to pre-qualified adopters,
36
 and 
nonnative species eradication programs for fish and wildlife as well as plants.  
 
FWC’s Nonnative Fish and Wildlife Program aims to minimize the adverse impacts of nonnative animal 
species through prevention, early detection, rapid response, control and management, and education 
and outreach. The program staff work to monitor and remove nonnative species, respond to new 
invasions, and assess the risk of species not yet present in the state.
37
  
 
FWC’s Upland Invasive Exotic Plant Management Program conducts invasive plant removal on public 
conservation lands throughout the state.
38
 Invasive plant removal projects are recommended by a 
network of regional invasive plant working groups, which are comprised of local land managers who are 
interested in or responsible for maintaining and restoring federal, state, and local government 
conservation land. The program identifies areas that are in need of restoration and hires private 
vegetation management contractors to do the removal.
39
 The Upland Invasive Plant Management 
Program has conducted 2,000 invasive plant control operations targeting 2.7 million acres and has 
assisted land managers on 700 federal, state, and county-managed natural areas that comprise over 
10 million acres, or 90 percent of public conservation land in the state.
40
 
                                                
29
 Section 327.02(15), F.S. 
30
 The terms “nonnative” and “exotic” have the same meaning and are used interchangeably. 
31
 FWC, Nonnative Species Information, available at https://myfwc.com/wildlifehabitats/nonnatives/exotic-information/ (last visited 
Nov. 18, 2021). 
32
 Nicole Dodds, Mary Miller, and Alexa Lamm, University of Florida Institute of Food and Agricultural Sciences, Floridians’ 
Perceptions of Invasive Species, Feb. 2014, p. 1, available at http://edis.ifas.ufl.edu/pdffiles/WC/WC18600.pdf (last visited Nov. 18, 
2021). 
33
 FWC, Florida’s Nonnative Fish and Wildlife, available at https://myfwc.com/wildlifehabitats/nonnatives/ (last visited Nov. 18, 
2021). 
34
 Section 379.231(1), F.S. 
35
 Rule 68-5.005, F.A.C. 
36
 FWC, Exotic Pet Amnesty Programs, available at https://myfwc.com/wildlifehabitats/nonnatives/amnesty-program/ (last visited 
Nov. 18, 2021); r. 68-5.008, F.A.C. 
37
 FWC, Florida’s Nonnative Fish and Wildlife, available at https://myfwc.com/wildlifehabitats/nonnatives/ (last visited Nov. 18, 
2021). 
38
 FWC, Upland Plant Management, available at https://myfwc.com/wildlifehabitats/habitat/invasive-plants/upland-plant/ (last visited 
Nov. 18, 2021); s. 369.252, F.S. 
39
 Id. 
40
 Id.  STORAGE NAME: h0323.EAF 	PAGE: 6 
DATE: 11/23/2021 
  
 
Drones 
Under Florida law, a drone is a powered, aerial vehicle that:  
 Does not carry a human operator;  
 Uses aerodynamic forces to provide vehicle lift; 
 Can fly autonomously or be piloted remotely;  
 Can be expendable or recoverable; and  
 Can carry a lethal or nonlethal payload.
41
 
 
The full system comprised of a drone and its associated elements, including communication links and 
components used to control the drone, is called an unmanned aircraft system.
42
 Drones can range 
vastly in size and weight and may be controlled manually or through an autopilot that uses a data link to 
connect the drone’s pilot to the drone. Drones can also be equipped with infrared cameras
43
 and 
“LADAR” (laser radar).
44
 
 
Restrictions on Drone Use 
Section 934.50, F.S., restricts the use of drones by individuals and government entities to conduct 
surveillance. The law recognizes that a real property owner is presumed to have a reasonable 
expectation of privacy on his or her privately owned real property if he or she cannot be seen by 
persons at ground level who are in a place they have a legal right to be.
45
 Thus, law enforcement may 
not use a drone to gather evidence or other information, with certain exceptions. When law 
enforcement has reasonable suspicion that swift action is needed, drone use is permitted to: 
 Prevent imminent danger to life or serious damage to property; 
 Forestall the imminent escape of a suspect or the destruction of evidence; or 
 Achieve certain purposes such as facilitating the search for a missing person.
46
 
 
Other exceptions for which drone use is authorized include: 
 Countering terrorist attacks; 
 Effecting search warrants authorized by a judge;  
 Lawful business activities licensed by the state, with certain exceptions;  
 Assessing property for ad valorem taxation purposes;  
 Capturing images of utilities for specified purposes; 
 Aerial mapping;  
 Cargo delivery;  
 Capturing images necessary for drone navigation; and  
 Routing, siting, installing, maintaining, or inspecting communications service facilities.
47
 
 
Additionally, current law allows the use of a drone by non-law enforcement employees of FWC or the 
Florida Forest Service for the purposes of managing and eradicating invasive exotic plants or animals 
on public lands and suppressing and mitigating wildfire threats.
48
  
 
                                                
41
 Section 934.50(2)(a), F.S. 
42
 Section 330.41(2)(c), F.S. 
43
 Infrared cameras can see objects through walls based on the relative levels of heat produced by the objects. Congressional Research 
Service, Drones in Domestic Surveillance Operations: Fourth Amendment Implications and Congressional Response, Apr. 3, 2013, 
available at www.fas.org/sgp/crs/natsec/R42701.pdf (last visited Nov. 18, 2021). 
44
 The research and development laboratory at the Massachusetts Institute of Technology has developed airborne ladar systems that 
generate detailed 3D imagery of terrain and structures, including those beneath dense foliage. The lab reports that the micro-ladar 
could be used under both clear and heavy foliage conditions for surveillance and reconnaissance missions as well as for humanitarian 
assistance and disaster relief operations. Massachusetts Institute of Technology, Micro-ladar, available at https://www.ll.mit.edu/r-
d/projects/micro-ladar (last visited Nov. 18, 2021).  
45
 Sections 934.50(3)(a) and 934.50(4), F.S. 
46
 Section 943.50(4)(c), F.S. 
47
 Sections 943.50(4)(a)-(b) and 943.50(4)(d)-(j), F.S. 
48
 Section 943.50(4)(p), F.S.  STORAGE NAME: h0323.EAF 	PAGE: 7 
DATE: 11/23/2021 
  
Section 934.50, F.S., specifies that evidence obtained or collected by a law enforcement agency using 
a drone is not admissible in a criminal prosecution in any court of law in the state, unless it is permitted 
under one of the statute’s exceptions.
49
 
 
Use of Drones for Managing Invasive Species and Suppressing and Mitigating Wildfire Threats 
Remote sensing using drones for the surveillance, detection, and reporting of an invasive species on a 
landscape scale can improve early detection of invading plants and animals, making their management 
more efficient and less expensive.
50
 Studies have shown that drones can efficiently and inexpensively 
cover a large geographic range, reach places that are physically difficult for humans to access, cover 
substantially more territory and topography, carry a variety of cameras and sensors, collect biological 
specimens, and target and eliminate individual organisms through ballistic application of herbicides.
51
 
Current law allows only non-law enforcement employees of FWC and the Florida Forest Service to use 
drones for such purposes.  
 
Effect of the Bill 
 
Derelict and At-risk Vessels 
The bill expands the types of vessels that may be considered at-risk vessels by authorizing an FWC or 
law enforcement officer to determine that a vessel is at risk of becoming derelict if it is tied to an 
unlawful or unpermitted mooring or other structure.   
 
The bill expands the definition of “abandoned property” to include vessels that have been declared a 
public nuisance to clarify that the laws and procedures that apply to abandoned property also apply to 
such vessels. 
 
The bill specifies that an owner or party responsible for a vessel declared a public nuisance who does 
not remove the vessel within 21 days after a notice directing the removal is placed on the vessel is 
liable for all costs of removal, storage, destruction, and disposal of the vessel. The bill also requires the 
notice to inform the owner or responsible party of this liability.  
 
Upon the final disposition of a derelict vessel or vessel declared a public nuisance, the bill requires the 
law enforcement agency or other government agency to notify the owner or other party determined to 
be legally responsible for the vessel of the amount owed.  
 
The bill specifies that FWC, an FWC officer, or a law enforcement agency or officer may relocate, 
remove, and store a derelict vessel, but may not destroy or dispose of the vessel.  
 
The bill specifies that grants provided to local governments for the removal, storage, destruction, and 
disposal of derelict vessels may also be used for the removal, storage, destruction, and disposal of 
vessels declared a public nuisance. 
 
The bill repeals s. 376.15, F.S., to remove duplicative provisions related to derelict vessels and 
transfers non-duplicative provisions to s. 832.11, F.S.  
 
Springs Protection Zones 
The bill creates a standard for when FWC may establish springs protection zones by specifying that 
such zones may be established when substantial, competent evidence shows that demonstrable harm 
has been caused by vessel activity. 
 
Boating-restricted Areas 
                                                
49
 Section 934.50(6), F.S. 
50
 Barbara Martinez, Alex Dehgan, Brad Zamft, David Baisch, Colin McCormick, Anthony J. Giordano, Rebecca Aicher, Shah Selbe, 
Cassie Hoffman, Advancing federal capacities for the early detection of and rapid response to invasive species through technology 
innovation, National Invasive Species Council: Contractor’s Report, Mar. 2017, available at 
https://www.doi.gov/sites/doi.gov/files/uploads/federal_capacities_for_edrr_through_technology_innovation_contractorsreport_10.22.
18.pdf (last visited Nov. 18, 2021). 
51
 Id.  STORAGE NAME: h0323.EAF 	PAGE: 8 
DATE: 11/23/2021 
  
The bill prohibits municipalities and counties from establishing public bathing beaches or swim areas in 
whole or in part within the marked channel of the Florida Intracoastal Waterway or within 100 feet of 
any portion of the marked channel.  
 
Drones 
The bill authorizes a law enforcement employee of FWC or the Florida Forest Service to use drones for 
the purposes of managing and eradicating invasive exotic plants or animals on public lands and 
suppressing and mitigating wildfire threats.  
 
Terminology 
The bill clarifies the definitions of “marine fish” and “saltwater fish” to reflect updates in the scientific 
classification of certain identifying terminology.  
 
B. SECTION DIRECTORY: 
Section 1.  Amends s. 327.4107, F.S., to specify that vessels tied to unlawful or unpermitted 
moorings or other structures are considered at risk of becoming derelict.   
 
Section 2.  Amends s. 327.45, F.S., to authorize FWC to establish springs protection zones when 
there is substantial, competent evidence showing that demonstrable harm has been 
caused by vessel activity.   
 
Section 3.  Amends 327.46, F.S., to prohibit the designation of public bathing beaches in certain 
areas.  
 
Section 4. Repeals s. 376.15, F.S., related to the relocation and removal of derelict vessels. 
 
Section 5.  Amends s. 379.101, F.S., to clarify the definitions of “marine fish” and “saltwater fish.” 
 
Section 6.  Amends s. 705.101, F.S., to expand the definition of “abandoned property” to include 
vessels declared a public nuisance.  
 
Section 7.  Amends s. 705.103, F.S., to specify requirements for vessels declared a public 
nuisance.  
 
Section 8.  Effective July 1, 2023, amends s. 705.103, F.S., as amended by chs. 2019-76 and 2021-
184, L.O.F., to specify notice requirements for vessels deemed a public nuisance.   
 
Section 9.  Amends s. 823.11, F.S., related to derelict vessel relocation and removal. 
 
Section 10.  Amends s. 934.50, F.S., to authorize FWC law enforcement officers to use drones for 
specified purposes.  
 
Section 11.  Amends s. 327.04, F.S., to make conforming changes.  
 
Section 12. Amends s. 328.09, F.S., to make conforming changes.  
 
Section 13.  Repeals s. 25 of ch. 2021-184, L.O.F., relating to refusal to issue and authority to cancel 
a certificate of title or registration.  
 
Section 14.  Amends s. 328.72, F.S., to make conforming changes.   
 
Section 15.  Amends s. 376.11, F.S., to make conforming changes.  
 
Section 16.  Reenacts s. 125.01, F.S., relating to powers and duties of county organization and 
intergovernmental relations. 
  STORAGE NAME: h0323.EAF 	PAGE: 9 
DATE: 11/23/2021 
  
Section 17.  Reenacts s. 379.2412, F.S., relating to state preemption of the power to regulate the 
taking or possession of saltwater fish. 
 
Section 18.  Provides an effective date of July 1, 2022, except as otherwise expressly provided. 
 
II.  FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT 
 
A. FISCAL IMPACT ON STATE GOVERNMENT: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
B. FISCAL IMPACT ON LOCAL GOVERNMENTS: 
 
1. Revenues: 
None. 
 
2. Expenditures: 
None. 
 
C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR: 
None. 
 
D. FISCAL COMMENTS: 
None.  
 
III.  COMMENTS 
 
A. CONSTITUTIONAL ISSUES: 
 
 1. Applicability of Municipality/County Mandates Provision: 
Not applicable. This bill does not appear to require counties or municipalities to spend funds or take 
action requiring the expenditure of funds; reduce the authority that counties or municipalities have to 
raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or 
municipalities. 
 
 2. Other: 
None.  
 
B. RULE-MAKING AUTHORITY: 
The bill specifies that FWC may adopt protection zones by rule when substantial, competent evidence 
shows that demonstrable harm has been caused by vessel activity. Additionally, the bill requires FWC 
to adopt by rule procedures for local governments to apply for grant funding to remove vessels 
declared a public nuisance.  
 
C. DRAFTING ISSUES OR OTHER COMMENTS: 
None.  
  STORAGE NAME: h0323.EAF 	PAGE: 10 
DATE: 11/23/2021 
  
IV.  AMENDMENTS/ COMMITTEE SUBSTITUTE CHANGES 
Not applicable.