FL
Florida House Bill H0323

Florida 2022 Regular Session

Florida House Bill H0323 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to the Fish and Wildlife Conservation 2
16-Commission; amending s. 259.105, F.S.; providing 3
17-legislative findings; requiring lead land managing 4
18-agencies, in consultation with the Fish and Wildlife 5
19-Conservation Commission, to consider the use of s tate 6
20-lands as gopher tortoise recipient sites in certain 7
21-management plans; requiring certain management plans 8
22-to include feasibility assessments for managing gopher 9
23-tortoise recipient sites; authorizing owners of 10
24-certain lands to establish gopher tortoise recipient 11
25-sites or conservation banks on the lands under certain 12
26-conditions; requiring the commission to streamline and 13
27-improve the review of gopher tortoise recipient site 14
28-applications and approve or deny such applications 15
29-within a specified timeframe; re quiring the commission 16
30-to encourage the establishment of gopher tortoise 17
31-recipient sites on private lands and to create an 18
32-online dashboard for certain gopher tortoise recipient 19
33-site information; requiring the commission to submit a 20
34-report on gopher tortoi se recipient sites to the 21
35-Legislature by a specified date; providing report 22
36-requirements; amending s. 327.35215, F.S.; requiring 23
37-that certain forms relating to boating under the 24
38-influence be provided by the commission rather than 25
16+Commission; amending s. 327.35215, F.S.; requiring 3
17+that certain forms relating to boating under the 4
18+influence be provided by the Fish and Wildlife 5
19+Conservation Commission rather than the Department of 6
20+Highway Safety and Motor Vehicles; amending s. 7
21+327.371, F.S.; authorizing certain athletic teams or 8
22+sports affiliated with specified educational 9
23+institutions to operate a human -powered vessel within 10
24+the marked channel of the Florida Intracoastal 11
25+Waterway; amending s. 327.4107, F.S.; revising the 12
26+vessel conditions that an officer of the commission or 13
27+a law enforcement agency may use to determine that a 14
28+vessel is at risk of becoming derelict; amending s. 15
29+327.46, F.S.; prohibiting municipalities and counties 16
30+from designating public bathing beach or swim areas 17
31+within their jurisdictions which are within the marked 18
32+channel portion of the Florida Intracoastal Waterway 19
33+or within a specified distance from any portion of the 20
34+marked channel; repealing s. 376.15, F.S., relating to 21
35+derelict vessels and the relocation and removal of 22
36+such vessels from the waters of this state; amending 23
37+s. 379.101, F.S.; revising the definitions of the 24
38+terms "marine fish" and "saltwater fish"; amending s. 25
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4747 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
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51-the Department of Highway Safety and Motor Vehicles; 26
52-amending s. 327.371, F.S.; authorizing certain 27
53-athletic teams to operate a human -powered vessel 28
54-within the marked channel of the Florida Intracoastal 29
55-Waterway under certain conditions; requiring such 30
56-athletic teams to provide the commission with certain 31
57-notice; amending s. 327.4107, F.S.; revising the 32
58-vessel conditions that an officer of the commission or 33
59-a law enforcement agency may use to determine that a 34
60-vessel is at risk of becoming derelict; amending s. 35
61-327.46, F.S.; prohibit ing municipalities and counties 36
62-from designating public bathing beach or swim areas 37
63-within their jurisdictions on waters that include any 38
64-portion of the Florida Intracoastal Waterway or within 39
65-a specified distance of the marked channel of the 40
66-Florida Intracoastal Waterway; repealing s. 376.15, 41
67-F.S., relating to derelict vessels and the relocation 42
68-and removal of such vessels from the waters of this 43
69-state; amending s. 379.101, F.S.; revising the 44
70-definitions of the terms "marine fish" and "saltwater 45
71-fish"; amending s. 705.101, F.S.; revising the 46
72-definition of the term "abandoned property" to include 47
73-vessels declared to be a public nuisance; amending s. 48
74-705.103, F.S.; clarifying the notice requirements and 49
75-procedures for vessels declared to be public 50
51+705.101, F.S.; revising the definiti on of the term 26
52+"abandoned property" to include vessels declared to be 27
53+a public nuisance; amending s. 705.103, F.S.; 28
54+clarifying the notice requirements and procedures for 29
55+vessels declared to be public nuisances; amending s. 30
56+823.11, F.S.; making technical ch anges; authorizing 31
57+the commission to establish a program to provide 32
58+grants to local governments for certain actions 33
59+regarding derelict vessels and those declared to be a 34
60+public nuisance; specifying sources for the funds to 35
61+be used, subject to an appropriat ion; authorizing the 36
62+commission to use funds not awarded as grants for 37
63+certain purposes; requiring the commission to adopt 38
64+rules for the grant applications and the criteria for 39
65+allocating the funds; amending s. 934.50, F.S.; 40
66+providing that all employees of the commission or the 41
67+Florida Forest Service may operate drones for 42
68+specified purposes; amending ss. 327.04, 327.352, 43
69+328.09, 328.72, and 376.11, F.S.; conforming 44
70+provisions to changes made by the act; repealing s. 45
71+25, chapter 2021-184, Laws of Florida, r elating to 46
72+derelict vessels; reenacting ss. 125.01(4) and 47
73+379.2412, F.S., relating to powers and duties of 48
74+legislative and governing bodies of counties and state 49
75+preemption of the regulating of taking or possessing 50
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8484 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
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88-nuisances; amending s. 823.11, F.S.; making technical 51
89-changes; authorizing the commission to establish a 52
90-program to provide grants to local governments for 53
91-certain actions regarding derelict vessels and those 54
92-declared to be a public nuisance; specifying sources 55
93-for the funds to be used, subject to an appropriation; 56
94-authorizing the commission to use funds not awarded as 57
95-grants for certain purposes; requiring the commission 58
96-to adopt rules for the grant applications and the 59
97-criteria for allocating the funds; amending s. 934.50, 60
98-F.S.; providing that all employees of the commission 61
99-or the Florida Forest Service may operate drones for 62
100-specified purposes; amending ss. 327.04, 327.352, 63
101-328.09, 328.72, and 376.11, F.S.; conforming 64
102-provisions to changes made by the act; repealin g s. 65
103-25, chapter 2021-184, Laws of Florida, relating to 66
104-derelict vessels; reenacting ss. 125.01(4) and 67
105-379.2412, F.S., relating to powers and duties of 68
106-legislative and governing bodies of counties and state 69
107-preemption of the regulating of taking or possess ing 70
108-saltwater fish, respectively, to incorporate the 71
109-amendment made to s. 379.101, F.S., in references 72
110-thereto; providing effective dates. 73
111- 74
112-Be It Enacted by the Legislature of the State of Florida: 75
88+saltwater fish, respectively, to incorpor ate the 51
89+amendment made to s. 379.101(34), F.S., in a reference 52
90+thereto; providing effective dates. 53
91+ 54
92+Be It Enacted by the Legislature of the State of Florida: 55
93+ 56
94+ Section 1. Subsection (2) of section 327.35215, Florida 57
95+Statutes, is amended to read: 58
96+ 327.35215 Penalty for failure to submit to test. — 59
97+ (2) When a person refuses to submit to a blood test, 60
98+breath test, or urine test pursuant to s. 327.352, a law 61
99+enforcement officer who is authorized to make arrests for 62
100+violations of this chapter shall file with the clerk of the 63
101+court, on a form provided by the commission department, a 64
102+certified statement that probable cause existed to arrest the 65
103+person for a violation of s. 327.35 and that the person refused 66
104+to submit to a test as required by s. 327.352. Al ong with the 67
105+statement, the officer must also submit a sworn statement on a 68
106+form provided by the commission department that the person has 69
107+been advised of both the penalties for failure to submit to the 70
108+blood, breath, or urine test and the procedure for re questing a 71
109+hearing. 72
110+ Section 2. Present paragraph (c) of subsection (1) of 73
111+section 327.371, Florida Statutes, is redesignated as paragraph 74
112+(d), and a new paragraph (c) is added to that subsection, to 75
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121121 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
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126- Section 1. Paragraphs (a) and (b) of subsection ( 2) of 77
127-section 259.105, Florida Statutes, are amended to read: 78
128- 259.105 The Florida Forever Act. — 79
129- (2)(a) The Legislature finds and declares that: 80
130- 1. Land acquisition programs have provided tremendous 81
131-financial resources for purchasing environmentally s ignificant 82
132-lands to protect those lands from imminent development or 83
133-alteration, thereby ensuring present and future generations' 84
134-access to important waterways, open spaces, and recreation and 85
135-conservation lands. 86
136- 2. The continued alteration and developme nt of the state's 87
137-natural and rural areas to accommodate the state's growing 88
138-population have contributed to the degradation of water 89
139-resources, the fragmentation and destruction of wildlife 90
140-habitats, the loss of outdoor recreation space, and the 91
141-diminishment of wetlands, forests, working landscapes, and 92
142-coastal open space. 93
143- 3. The potential development of the state's remaining 94
144-natural areas and escalation of land values require government 95
145-efforts to restore, bring under public protection, or acquire 96
146-lands and water areas to preserve the state's essential 97
147-ecological functions and invaluable quality of life. 98
148- 4. It is essential to protect the state's ecosystems by 99
149-promoting a more efficient use of land, to ensure opportunities 100
125+read: 76
126+ 327.371 Human-powered vessels regulated. — 77
127+ (1) A person may operate a human -powered vessel within the 78
128+boundaries of the marked channel of the Florida Intracoastal 79
129+Waterway as defined in s. 327.02: 80
130+ (c) When participating in interscholastic, 81
131+intercollegiate, intramural, or club athletic teams or spo rts 82
132+that are affiliated with an educational institution identified 83
133+in s. 1000.21, s. 1002.01(2), s. 1003.01(2), s. 1005.02(4), or 84
134+s. 1005.03(1)(d). 85
135+ Section 3. Paragraph (f) is added to subsection (2) of 86
136+section 327.4107, Florida Statutes, to read: 87
137+ 327.4107 Vessels at risk of becoming derelict on waters of 88
138+this state.— 89
139+ (2) An officer of the commission or of a law enforcement 90
140+agency specified in s. 327.70 may determine that a vessel is at 91
141+risk of becoming derelict if any of the following conditions 92
142+exist: 93
143+ (f) The vessel is tied to an unlawful or unpermitted 94
144+structure or mooring. 95
145+ Section 4. Paragraph (b) of subsection (1) of section 96
146+327.46, Florida Statutes, is amended to read: 97
147+ 327.46 Boating-restricted areas.— 98
148+ (1) Boating-restricted areas, including, but not limited 99
149+to, restrictions of vessel speeds and vessel traffic, may be 100
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158158 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
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162-for viable agricultural activit ies on working lands, and to 101
163-promote vital rural and urban communities that support and 102
164-produce development patterns consistent with natural resource 103
165-protection. 104
166- 5. The state's groundwater, surface waters, and springs 105
167-are under tremendous pressure due to population growth and 106
168-economic expansion and require special protection and 107
169-restoration efforts, including the protection of uplands and 108
170-springsheds that provide vital recharge to aquifer systems and 109
171-are critical to the protection of water quality and wat er 110
172-quantity of the aquifers and springs. To ensure that sufficient 111
173-quantities of water are available to meet the current and future 112
174-needs of the natural systems and citizens of the state, and 113
175-assist in achieving the planning goals of the department and the 114
176-water management districts, water resource development projects 115
177-on public lands, if compatible with the resource values of and 116
178-management objectives for the lands, are appropriate. 117
179- 6. The needs of urban, suburban, and small communities in 118
180-the state for high-quality outdoor recreational opportunities, 119
181-greenways, trails, and open space have not been fully met by 120
182-previous acquisition programs. Through such programs as the 121
183-Florida Communities Trust and the Florida Recreation Development 122
184-Assistance Program, t he state shall place additional emphasis on 123
185-acquiring, protecting, preserving, and restoring open space, 124
186-ecological greenways, and recreation properties within urban, 125
162+established on the waters of this state for any purpose 101
163+necessary to protect the safety of the public if such 102
164+restrictions are necessary based on boating accidents, 103
165+visibility, hazardous currents or water levels, vessel traffic 104
166+congestion, or other navigational hazards or to protect 105
167+seagrasses on privately owned submerged lands. 106
168+ (b) Municipalities and counties may establish the 107
169+following boating-restricted areas by ordinance, including, 108
170+notwithstanding the prohibition in s. 327.60(2)(c), within the 109
171+portion of the Florida Intracoastal Waterway within their 110
172+jurisdiction: 111
173+ 1. An ordinance establishing an idle speed, no wake 112
174+boating-restricted area, if the area is: 113
175+ a. Within 500 feet of any boat ramp, hoist, marine 114
176+railway, or other launching or landing facility available for 115
177+use by the general boating public on waterways more than 300 116
178+feet in width or within 300 feet of any boat ramp, hoist , marine 117
179+railway, or other launching or landing facility available for 118
180+use by the general boating public on waterways not exceeding 300 119
181+feet in width. 120
182+ b. Within 500 feet of fuel pumps or dispensers at any 121
183+marine fueling facility that sells motor fuel to the general 122
184+boating public on waterways more than 300 feet in width or 123
185+within 300 feet of the fuel pumps or dispensers at any licensed 124
186+terminal facility that sells motor fuel to the general boating 125
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195195 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
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199-suburban, and rural areas where pristine natural communities or 126
200-water bodies no longer ex ist because of the proximity of 127
201-developed property. 128
202- 7. Many of the state's unique ecosystems, such as the 129
203-Florida Everglades, are facing ecological collapse due to the 130
204-state's burgeoning population growth and other economic 131
205-activities. To preserve these valuable ecosystems for future 132
206-generations, essential parcels of land must be acquired to 133
207-facilitate ecosystem restoration. 134
208- 8. Access to public lands to support a broad range of 135
209-outdoor recreational opportunities and the development of 136
210-necessary infrastructure, if compatible with the resource values 137
211-of and management objectives for such lands, promotes an 138
212-appreciation for the state's natural assets and improves the 139
213-quality of life. 140
214- 9. Acquisition of lands, in fee simple, less than fee 141
215-interest, or other techniques shall be based on a comprehensive 142
216-science-based assessment of the state's natural resources which 143
217-targets essential conservation lands by prioritizing all current 144
218-and future acquisitions based on a uniform set of data and 145
219-planned so as to prote ct the integrity and function of 146
220-ecological systems and working landscapes, and provide multiple 147
221-benefits, including preservation of fish and wildlife habitat, 148
222-recreation space for urban and rural areas, and the restoration 149
223-of natural water storage, flow, and recharge. 150
199+public on waterways not exceeding 300 feet in width. 126
200+ c. Inside or within 300 feet of any lock structure. 127
201+ 2. An ordinance establishing a slow speed, minimum wake 128
202+boating-restricted area if the area is: 129
203+ a. Within 300 feet of any bridge fender system. 130
204+ b. Within 300 feet of any bridge span presenting a 131
205+vertical clearance of less than 25 feet or a horizontal 132
206+clearance of less than 100 feet. 133
207+ c. On a creek, stream, canal, or similar linear waterway 134
208+if the waterway is less than 75 feet in width from shoreline to 135
209+shoreline. 136
210+ d. On a lake or pond of less than 10 acres in total 137
211+surface area. 138
212+ e. Within the boundaries of a permitted public mooring 139
213+field and a buffer around the mooring field of up to 100 feet. 140
214+ 3. An ordinance establishing a vessel -exclusion zone if 141
215+the area is: 142
216+ a. Designated as a public bathing beach or swim area, 143
217+except that public bathing beach or swim areas may not be 144
218+established in whole or in part within the marked channel of the 145
219+Florida Intracoastal Waterway or within 100 feet of any portion 146
220+of the marked channel . 147
221+ b. Within 300 feet of a dam, spillway, or flood control 148
222+structure. 149
223+ 150
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232232 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
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236- 10. The state has embraced performance -based program 151
237-budgeting as a tool to evaluate the achievements of publicly 152
238-funded agencies, build in accountability, and reward those 153
239-agencies which are able to consistently achieve quantifiable 154
240-goals. While previous and existing state environmental programs 155
241-have achieved varying degrees of success, few of these programs 156
242-can be evaluated as to the extent of their achievements, 157
243-primarily because performance measures, standards, outcomes, and 158
244-goals were not established at the outset. Therefore, the Florida 159
245-Forever program shall be developed and implemented in the 160
246-context of measurable state goals and objectives. 161
247- 11.a. The state must play a major role in the recovery and 162
248-management of its imperiled specie s through the acquisition, 163
249-restoration, enhancement, and management of ecosystems that can 164
250-support the major life functions of such species. It is the 165
251-intent of the Legislature to support local, state, and federal 166
252-programs that result in net benefit to imp eriled species habitat 167
253-by providing public and private land owners meaningful 168
254-incentives for acquiring, restoring, managing, and repopulating 169
255-habitats for imperiled species. It is the further intent of the 170
256-Legislature that public lands, both existing and t o be acquired, 171
257-identified by the lead land managing agency, in consultation 172
258-with the Fish and Wildlife Conservation Commission for animals 173
259-or the Department of Agriculture and Consumer Services for 174
260-plants, as habitat or potentially restorable habitat for 175
236+Vessel exclusion zones created pursuant to this subparagraph 151
237+must be marked with uniform waterway markers permitted by the 152
238+commission in accordance with this chapter. Such zones may not 153
239+be marked by ropes. 154
240+ Section 5. Section 376.15, Florida Statutes, is repealed. 155
241+ Section 6. Subsections (22) and (34) of section 379.101, 156
242+Florida Statutes, are amended to read: 157
243+ 379.101 Definitions. —In construing these statutes, where 158
244+the context does not clearly indicate oth erwise, the word, 159
245+phrase, or term: 160
246+ (22) "Marine fish" means any saltwater species of finfish 161
247+of the classes Agnatha, Chondrichthyes, and Osteichthyes , and 162
248+marine invertebrates of in the classes Gastropoda and, Bivalvia, 163
249+the subphylum and Crustacea, or the phylum Echinodermata ; 164
250+however, the term but does not include nonliving shells or 165
251+echinoderms. 166
252+ (34) "Saltwater fish" means: 167
253+ (a) Any saltwater species of finfish of the classes 168
254+Agnatha, Chondrichthyes, or Osteichthyes and marine 169
255+invertebrates of the classes Gastropoda and, Bivalvia, the 170
256+subphylum or Crustacea, or of the phylum Echinodermata ; however, 171
257+the term but does not include nonliving shells or echinoderms; 172
258+and 173
259+ (b) All classes of pisces, shellfish, sponges, and 174
260+crustaceans crustacea native to salt water. 175
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269269 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
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273-imperiled species, be restored, enhanced, managed, and 176
274-repopulated as habitat for such species to advance the goals and 177
275-objectives of imperiled species management for conservation, 178
276-recreation, or both, consistent with the land management plan 179
277-without restricting other uses identified in the management 180
278-plan. It is also the intent of the Legislature that of the 181
279-proceeds distributed pursuant to subsection (3), additional 182
280-consideration be given to acquisitions that achieve a 183
281-combination of conservation goals, in cluding the restoration, 184
282-enhancement, management, or repopulation of habitat for 185
283-imperiled species. The council, in addition to the criteria in 186
284-subsection (9), shall give weight to projects that include 187
285-acquisition, restoration, management, or repopulation of habitat 188
286-for imperiled species. The term "imperiled species" as used in 189
287-this chapter and chapter 253, means plants and animals that are 190
288-federally listed under the Endangered Species Act, or state -191
289-listed by the Fish and Wildlife Conservation Commission o r the 192
290-Department of Agriculture and Consumer Services. As part of the 193
291-state's role, all state lands that have imperiled species 194
292-habitat shall include as a consideration in management plan 195
293-development the restoration, enhancement, management, and 196
294-repopulation of such habitats. In addition, the lead land 197
295-managing agency of such state lands may use fees received from 198
296-public or private entities for projects to offset adverse 199
297-impacts to imperiled species or their habitat in order to 200
273+ Section 7. Subsection (3) of section 705.101, Florida 176
274+Statutes, is amended to read: 177
275+ 705.101 Definitions. —As used in this chapter: 178
276+ (3) "Abandoned property" means all tangible personal 179
277+property that does not have an identifiable owner and that has 180
278+been disposed on public property in a wrecked, inoperative, or 181
279+partially dismantled condition or has no apparent intrinsic 182
280+value to the rightful owner. The term includes derelict vessels 183
281+as defined in s. 823.11 and vessels declared a public nuisance 184
282+pursuant to s. 327.73(1)(aa) . 185
283+ Section 8. Paragraph (a) of subsection (2) and subsection 186
284+(4) of section 705.103, Florida Statutes, are amended to read: 187
285+ 705.103 Procedure for abandoned or lost property. — 188
286+ (2)(a)1. Whenever a law enforcement officer ascertains 189
287+that: 190
288+ a. An article of lost or abandoned property other than a 191
289+derelict vessel or a vessel declared a public nuisance pursuant 192
290+to s. 327.73(1)(aa) is present on public property and is of such 193
291+nature that it cannot be easily removed, the officer shall cause 194
292+a notice to be placed upon such article in substantially the 195
293+following form: 196
294+ 197
295+NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE A TTACHED 198
296+PROPERTY. This property, to wit: ...(setting forth brief 199
297+description)... is unlawfully upon public property known as 200
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306306 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
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310-restore, enhance, manage, rep opulate, or acquire land and to 201
311-implement land management plans developed under s. 253.034 or a 202
312-land management prospectus developed and implemented under this 203
313-chapter. Such fees shall be deposited into a foundation or fund 204
314-created by each land management agency under s. 379.223, s. 205
315-589.012, or s. 259.032(9)(c), to be used solely to restore, 206
316-manage, enhance, repopulate, or acquire imperiled species 207
317-habitat. 208
318- b. The Legislature recognizes that there have been 209
319-geographical and capacity constraints on availab le gopher 210
320-tortoise recipient sites that have coincided with increased 211
321-demands for such sites. The Legislature also recognizes that the 212
322-success of gopher tortoise conservation depends on participation 213
323-by privately owned lands and the use of appropriate publ ic lands 214
324-for gopher tortoise and other imperiled species management and 215
325-recovery. To encourage adequate capacity for relocating gopher 216
326-tortoises, each lead land managing agency, in consultation with 217
327-the Fish and Wildlife Conservation Commission, shall cons ider 218
328-the feasibility of using a portion of state lands as a gopher 219
329-tortoise recipient site in management plans for all state lands 220
330-under the management of the agency that are greater than 40 221
331-contiguous acres. If the lead land managing agency, in 222
332-consultation with the Fish and Wildlife Conservation Commission, 223
333-determines that gopher tortoise recipient site management does 224
334-not conflict with the primary management objectives of the 225
310+...(setting forth brief description of location)... and must be 201
311+removed within 5 days; otherwise, it will be removed and 202
312+disposed of pursuant to chapter 705, Florida Statutes. The owner 203
313+will be liable for the costs of removal, storage, and 204
314+publication of notice. Dated this: ...(setting forth the date of 205
315+posting of notice)..., signed: ...(setting forth name, title, 206
316+address, and telepho ne number of law enforcement officer).... 207
317+ 208
318+ b. A derelict vessel or a vessel declared a public 209
319+nuisance pursuant to s. 327.73(1)(aa) is present on the waters 210
320+of this state, the officer shall cause a notice to be placed 211
321+upon such vessel in substantially th e following form: 212
322+ 213
323+NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 214
324+VESSEL. This vessel, to wit: ...(setting forth brief 215
325+description)... has been determined to be ...(derelict or a 216
326+public nuisance)... and is unlawfully upon waters of this sta te 217
327+...(setting forth brief description of location)... and must be 218
328+removed within 21 days; otherwise, it will be removed and 219
329+disposed of pursuant to chapter 705, Florida Statutes. The owner 220
330+and other interested parties have the right to a hearing to 221
331+challenge the determination that this vessel is derelict or 222
332+otherwise in violation of the law. Please contact ...(contact 223
333+information for person who can arrange for a hearing in 224
334+accordance with this section).... The owner or the party 225
335335
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336+CS/HB 323 2022
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343343 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
344344
345345
346346
347-lands, the management plan must contain a component prepared by 226
348-the agency or cooperatively with a Fish and Wildlife 227
349-Conservation Commission wildlife biologist that assesses the 228
350-feasibility of managing the lands as a recipient site for gopher 229
351-tortoises consistent with rules of the Fish and Wildlife 230
352-Conservation Commission. The feasib ility assessment by the lead 231
353-land managing agency must also evaluate the economic feasibility 232
354-of establishing a gopher tortoise recipient site, including the 233
355-initial cost and recurring management costs of operating the 234
356-gopher tortoise recipient site consis tent with the rules of the 235
357-Fish and Wildlife Conservation Commission and the revenue 236
358-projections necessary to ensure the initial and recurring costs 237
359-of establishing and perpetually maintaining the gopher tortoise 238
360-recipient site do not create an increased r ecurring expense for 239
361-the agency. 240
362- 12. There is a need to change the focus and direction of 241
363-the state's major land acquisition programs and to extend 242
364-funding and bonding capabilities, so that future generations may 243
365-enjoy the natural resources of this state . 244
366- (b) The Legislature recognizes that acquisition of lands 245
367-in fee simple is only one way to achieve the aforementioned 246
368-goals and encourages the use of less -than-fee interests, other 247
369-techniques, and the development of creative partnerships between 248
370-governmental agencies and private landowners. Such partnerships 249
371-may include those that advance the restoration, enhancement, 250
347+determined to be legally re sponsible for the vessel being upon 226
348+the waters of this state in a derelict condition or as a public 227
349+nuisance will be liable for the costs of removal, destruction, 228
350+and disposal if this vessel is not removed by the owner. Dated 229
351+this: ...(setting forth the da te of posting of notice)..., 230
352+signed: ...(setting forth name, title, address, and telephone 231
353+number of law enforcement officer).... 232
354+ 233
355+ 2. The notices required under subparagraph 1. may not be 234
356+less than 8 inches by 10 inches and must shall be sufficiently 235
357+weatherproof to withstand normal exposure to the elements. In 236
358+addition to posting, the law enforcement officer shall make a 237
359+reasonable effort to ascertain the name and address of the 238
360+owner. If such is reasonably available to the officer, she or he 239
361+shall mail a copy of such notice to the owner on or before the 240
362+date of posting. If the property is a motor vehicle as defined 241
363+in s. 320.01(1) or a vessel as defined in s. 327.02, the law 242
364+enforcement agency shall contact the Department of Highway 243
365+Safety and Motor Vehi cles in order to determine the name and 244
366+address of the owner and any person who has filed a lien on the 245
367+vehicle or vessel as provided in s. 319.27(2) or (3) or s. 246
368+328.15(1). On receipt of this information, the law enforcement 247
369+agency shall mail a copy of th e notice by certified mail, return 248
370+receipt requested, to the owner and to the lienholder, if any, 249
371+except that a law enforcement officer who has issued a citation 250
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380380 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
381381
382382
383383
384-management, or repopulation of imperiled species habitat on 251
385-state lands as provided for in subparagraph (a)11. Easements 252
386-acquired pursuant to s. 570.71(2)(a) and (b), land protection 253
387-agreements, and nonstate funded tools such as rural land 254
388-stewardship areas, sector planning, gopher tortoise recipient 255
389-sites, and mitigation should be used, where appropriate, to 256
390-bring environmentally sensitive tracts under an acceptable level 257
391-of protection at a lower financial cost to the public, and to 258
392-provide private landowners with the opportunity to enjoy and 259
393-benefit from their property. The owner of lands where a 260
394-conservation easement or other less -than-fee interest has been 261
395-acquired by the board or another state agency or a regional or 262
396-local government may establish a recipient site or conservation 263
397-bank on the lands to advance the restoration, enhancement, 264
398-management, or repopulation of imperiled species ha bitat so long 265
399-as the recipient site or operation and maintenance of the 266
400-conservation bank does not interfere with the management plan 267
401-for the conservation easement and the landowner complies with 268
402-all state and federal permitting requirements for the recipi ent 269
403-site or conservation bank. 270
404- Section 2. (1) By December 31, 2022, the Fish and 271
405-Wildlife Conservation Commission shall streamline and improve 272
406-the review of applications for public and private gopher 273
407-tortoise recipient sites. Requests for additional i nformation 274
408-must be received by the applicant within 45 days after receipt 275
384+for a violation of s. 376.15 or s. 823.11 to the owner of a 251
385+derelict vessel is not required to mail a copy of the notice by 252
386+certified mail, return receipt requested, to the owner. For a 253
387+derelict vessel or a vessel declared a public nuisance pursuant 254
388+to s. 327.73(1)(aa), the mailed notice must inform the owner or 255
389+responsible party that he or she has a right to a hearing to 256
390+dispute the determination that the vessel is derelict or 257
391+otherwise in violation of the law. If a request for a hearing is 258
392+made, a state agency shall follow the processes set forth in s. 259
393+120.569. Local governmental entities shall fo llow the processes 260
394+set forth in s. 120.569, except that a local judge, magistrate, 261
395+or code enforcement officer may be designated to conduct such a 262
396+hearing. If, at the end of 5 days after posting the notice in 263
397+sub-subparagraph 1.a., or at the end of 21 days after posting 264
398+the notice in sub-subparagraph 1.b., and mailing such notice, if 265
399+required, the owner or any person interested in the lost or 266
400+abandoned article or articles described has not removed the 267
401+article or articles from public property or shown reason able 268
402+cause for failure to do so, and, in the case of a derelict 269
403+vessel or a vessel declared a public nuisance pursuant to s. 270
404+327.73(1)(aa), has not requested a hearing in accordance with 271
405+this section, the following shall apply: 272
406+ a. For abandoned property other than a derelict vessel or 273
407+a vessel declared a public nuisance pursuant to s. 274
408+327.73(1)(aa), the law enforcement agency may retain any or all 275
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417417 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
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421-of an application and the commission shall approve or deny a 276
422-complete application within 45 days after receipt of such 277
423-application. 278
424- (2) By October 31, 2022, the Fish and Wildlife 279
425-Conservation Commission shall: 280
426- (a) Establish an ongoing effort to encourage the 281
427-establishment of new gopher tortoise recipient sites on private 282
428-lands throughout the state; and 283
429- (b) Update its permitting systems to create an online 284
430-dashboard to show permi tted and available capacity for 285
431-reservations in permitted gopher tortoise recipient sites to 286
432-assist with the efficient relocation of gopher tortoises. 287
433- (3) By February 1, 2023, the Fish and Wildlife 288
434-Conservation Commission shall submit a report to the Pre sident 289
435-of the Senate and the Speaker of the House of Representatives 290
436-that includes the following information: 291
437- (a) The progress made in establishing new private and 292
438-public gopher tortoise recipient sites; 293
439- (b) The average time it takes to approve or deny a 294
440-recipient site application once a complete application is 295
441-received; 296
442- (c) Any federal action taken to modify the listing of the 297
443-gopher tortoise under the Endangered Species Act; and 298
444- (d) Any other information relevant to the gopher tortoise 299
445-conservation program. 300
421+of the property for its own use or for use by the state or unit 276
422+of local government, trade such property to a nother unit of 277
423+local government or state agency, donate the property to a 278
424+charitable organization, sell the property, or notify the 279
425+appropriate refuse removal service. 280
426+ b. For a derelict vessel or a vessel declared a public 281
427+nuisance pursuant to s. 327.73( 1)(aa), the law enforcement 282
428+agency or its designee may: 283
429+ (I) Remove the vessel from the waters of this state and 284
430+destroy and dispose of the vessel or authorize another 285
431+governmental entity or its designee to do so; or 286
432+ (II) Authorize the vessel's use as an artificial reef in 287
433+accordance with s. 379.249 if all necessary federal, state, and 288
434+local authorizations are received. 289
435+ 290
436+A law enforcement agency or its designee may also take action as 291
437+described in this sub -subparagraph if, following a hearing 292
438+pursuant to this section, the judge, magistrate, administrative 293
439+law judge, or hearing officer has determined the vessel to be 294
440+derelict as provided in s. 823.11 or otherwise in violation of 295
441+the law in accordance with s. 327.73(1)(aa) and a final order 296
442+has been entered or the case is otherwise closed. 297
443+ (4) The owner of any abandoned or lost property, or in the 298
444+case of a derelict vessel or a vessel declared a public nuisance 299
445+pursuant to s. 327.73(1)(aa) , the owner or other party 300
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454454 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
455455
456456
457457
458- Section 3. Subsection (2) of section 327.35215, Florida 301
459-Statutes, is amended to read: 302
460- 327.35215 Penalty for failure to submit to test. — 303
461- (2) When a person refuses to submit to a blood test, 304
462-breath test, or urine test pursuant to s. 327.35 2, a law 305
463-enforcement officer who is authorized to make arrests for 306
464-violations of this chapter shall file with the clerk of the 307
465-court, on a form provided by the commission department, a 308
466-certified statement that probable cause existed to arrest the 309
467-person for a violation of s. 327.35 and that the person refused 310
468-to submit to a test as required by s. 327.352. Along with the 311
469-statement, the officer must also submit a sworn statement on a 312
470-form provided by the commission department that the person has 313
471-been advised of both the penalties for failure to submit to the 314
472-blood, breath, or urine test and the procedure for requesting a 315
473-hearing. 316
474- Section 4. Present paragraph (c) of subsection (1) of 317
475-section 327.371, Florida Statutes, is redesignated as paragraph 318
476-(d), and a new paragraph (c) is added to that subsection, to 319
477-read: 320
478- 327.371 Human-powered vessels regulated. — 321
479- (1) A person may operate a human -powered vessel within the 322
480-boundaries of the marked channel of the Florida Intracoastal 323
481-Waterway as defined in s. 327.02: 324
482- (c) When participating in practices or competitions for 325
458+determined to be legally responsible for the vessel being upon 301
459+the waters of this state in a derelict condition or as a public 302
460+nuisance, who, after notice as provided in this section, does 303
461+not remove such property within the specified period is shall be 304
462+liable to the law enforcement agency, othe r governmental entity, 305
463+or the agency's or entity's designee for all costs of removal, 306
464+storage, and destruction, and disposal of such property, less 307
465+any salvage value obtained by disposal of the property. Upon 308
466+final disposition of the property, the law enfo rcement officer 309
467+or representative of the law enforcement agency or other 310
468+governmental entity shall notify the owner or in the case of a 311
469+derelict vessel or vessel declared a public nuisance pursuant to 312
470+s. 327.73(1)(aa), the owner or other party determined t o be 313
471+legally responsible, if known, of the amount owed. In the case 314
472+of an abandoned vessel or motor vehicle, any person who neglects 315
473+or refuses to pay such amount is not entitled to be issued a 316
474+certificate of registration for such vessel or motor vehicle, or 317
475+any other vessel or motor vehicle, until such costs have been 318
476+paid. A person who has neglected or refused to pay all costs of 319
477+removal, storage, disposal, and destruction of a vessel or motor 320
478+vehicle as provided in this section, after having been provide d 321
479+written notice via certified mail that such costs are owed, and 322
480+who applies for and is issued a registration for a vessel or 323
481+motor vehicle before such costs have been paid in full commits a 324
482+misdemeanor of the first degree, punishable as provided in s. 325
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491491 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
492492
493493
494494
495-interscholastic, intercollegiate, intramural, or club rowing 326
496-teams that are affiliated with an educational institution 327
497-identified in s. 1000.21, s. 1002.01(2), s. 1003.01(2), s. 328
498-1005.02(4), or s. 1005.03(1)(d) if the adjacent area outside of 329
499-the marked channel is not suitable for such practice or 330
500-competition. The teams must use their best efforts to make use 331
501-of the adjacent area outside of the marked channel. The 332
502-commission must be notified in writi ng of the details of any 333
503-such competition, and the notice must include, but need not be 334
504-limited to, the date, time, and location of the competition. 335
505- Section 5. Paragraph (f) is added to subsection (2) of 336
506-section 327.4107, Florida Statutes, to read: 337
507- 327.4107 Vessels at risk of becoming derelict on waters of 338
508-this state.— 339
509- (2) An officer of the commission or of a law enforcement 340
510-agency specified in s. 327.70 may determine that a vessel is at 341
511-risk of becoming derelict if any of the following conditions 342
512-exist: 343
513- (f) The vessel is tied to an unlawful or unpermitted 344
514-structure or mooring. 345
515- Section 6. Paragraph (b) of subsection (1) of section 346
516-327.46, Florida Statutes, is amended to read: 347
517- 327.46 Boating-restricted areas.— 348
518- (1) Boating-restricted areas, including, but not limited 349
519-to, restrictions of vessel speeds and vessel traffic, may be 350
495+775.082 or s. 775.083. The law enforcement officer or 326
496+representative of the law enforcement agency or other 327
497+governmental entity shall supply the Department of Highway 328
498+Safety and Motor Vehicles with a list of persons whose vessel 329
499+registration privileges and m otor vehicle privileges have been 330
500+revoked under this subsection. The department or a person acting 331
501+as an agent of the department may not issue a certificate of 332
502+registration to a person whose vessel and motor vehicle 333
503+registration privileges have been revoke d, as provided by this 334
504+subsection, until such costs have been paid. 335
505+ Section 9. Effective July 1, 2023, paragraph (a) of 336
506+subsection (2) of section 705.103, Florida Statutes, as amended 337
507+by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 338
508+read: 339
509+ 705.103 Procedure for abandoned or lost property. — 340
510+ (2)(a)1. Whenever a law enforcement officer ascertains 341
511+that: 342
512+ a. An article of lost or abandoned property other than a 343
513+derelict vessel or a vessel declared a public nuisance pursuant 344
514+to s. 327.73(1)(aa) is present on public property and is of such 345
515+nature that it cannot be easily removed, the officer shall cause 346
516+a notice to be placed upon such article in substantially the 347
517+following form: 348
518+ 349
519+NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 350
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528528 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
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531531
532-established on the waters of this state for any purpose 351
533-necessary to protect the safety of the public if such 352
534-restrictions are necessary based on boating accidents, 353
535-visibility, hazardous currents or water levels, vessel traffic 354
536-congestion, or other navigational hazards or to protect 355
537-seagrasses on privately owned submerged lands. 356
538- (b) Municipalities and counties may establish the 357
539-following boating-restricted areas by ordinance, including, 358
540-notwithstanding the prohibition in s. 327.60(2)(c), within the 359
541-portion of the Florida Intracoastal Waterway within their 360
542-jurisdiction: 361
543- 1. An ordinance establishing an idle speed, no wake 362
544-boating-restricted area, if the area is: 363
545- a. Within 500 feet of any boat ramp, hoist, marine 364
546-railway, or other launching or landing facility available for 365
547-use by the general boating public on waterways more than 300 366
548-feet in width or within 300 feet of any boat ramp, hoist , marine 367
549-railway, or other launching or landing facility available for 368
550-use by the general boating public on waterways not exceeding 300 369
551-feet in width. 370
552- b. Within 500 feet of fuel pumps or dispensers at any 371
553-marine fueling facility that sells motor fuel to the general 372
554-boating public on waterways more than 300 feet in width or 373
555-within 300 feet of the fuel pumps or dispensers at any licensed 374
556-terminal facility that sells motor fuel to the general boating 375
532+PROPERTY. This property, to wit: ...(setting forth brief 351
533+description)... is unlawfully upon public property known as 352
534+...(setting forth brief description of location)... and must be 353
535+removed within 5 days; otherwise, it will be removed and 354
536+disposed of pursuant to chapter 705, Florida Statutes. The owner 355
537+will be liable for the costs of removal, storage, and 356
538+publication of notice. Dated this: ...(setting forth the date of 357
539+posting of notice)..., signed: ...(setting forth name, title, 358
540+address, and telephone numb er of law enforcement officer).... 359
541+ 360
542+ b. A derelict vessel or a vessel declared a public 361
543+nuisance pursuant to s. 327.73(1)(aa) is present on the waters 362
544+of this state, the officer shall cause a notice to be placed 363
545+upon such vessel in substantially the following form: 364
546+ 365
547+NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 366
548+VESSEL. This vessel, to wit: ...(setting forth brief description 367
549+of location)... has been determined to be ...(derelict or a 368
550+public nuisance)... and is unlawfully upon the wate rs of this 369
551+state ...(setting forth brief description of location)... and 370
552+must be removed within 21 days; otherwise, it will be removed 371
553+and disposed of pursuant to chapter 705, Florida Statutes. The 372
554+owner and other interested parties have the right to a hea ring 373
555+to challenge the determination that this vessel is derelict or 374
556+otherwise in violation of the law. Please contact ...(contact 375
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565565 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
566566
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568568
569-public on waterways not exceeding 300 feet in width. 376
570- c. Inside or within 300 feet of any lock structure. 377
571- 2. An ordinance establishing a slow speed, minimum wake 378
572-boating-restricted area if the area is: 379
573- a. Within 300 feet of any bridge fender system. 380
574- b. Within 300 feet of any bridge span presenting a 381
575-vertical clearance of less than 25 feet or a horizontal 382
576-clearance of less than 100 feet. 383
577- c. On a creek, stream, canal, or similar linear waterway 384
578-if the waterway is less than 75 feet in width from shoreline to 385
579-shoreline. 386
580- d. On a lake or pond of less th an 10 acres in total 387
581-surface area. 388
582- e. Within the boundaries of a permitted public mooring 389
583-field and a buffer around the mooring field of up to 100 feet. 390
584- 3. An ordinance establishing a vessel -exclusion zone if 391
585-the area is: 392
586- a. Designated as a public ba thing beach or swim area , 393
587-except that public bathing beach or swim areas may not be 394
588-established on waters that include any portion of the Florida 395
589-Intracoastal Waterway or that are within 100 feet of the marked 396
590-channel of the Florida Intracoastal Waterway . 397
591- b. Within 300 feet of a dam, spillway, or flood control 398
592-structure. 399
593- 400
569+information for person who can arrange for a hearing in 376
570+accordance with this section)... The owner or the party 377
571+determined to be legally responsible for the vessel being upon 378
572+the waters of this state in a derelict condition or as a public 379
573+nuisance will be liable for the costs of removal, destruction, 380
574+and disposal if this vessel is not removed by the owner. Dated 381
575+this: ...(setting forth the date of posting of notice)..., 382
576+signed: ...(setting forth name, title, address, and telephone 383
577+number of law enforcement officer).... 384
578+ 385
579+ 2. The notices required under subparagraph 1. may not be 386
580+less than 8 inches by 10 inches and must shall be sufficiently 387
581+weatherproof to withstand normal exposure to the elements. In 388
582+addition to posting, the law enforcement officer shall make a 389
583+reasonable effort to ascertain the name and address of the 390
584+owner. If such is reasonably available to the officer, she or h e 391
585+shall mail a copy of such notice to the owner on or before the 392
586+date of posting. If the property is a motor vehicle as defined 393
587+in s. 320.01(1) or a vessel as defined in s. 327.02, the law 394
588+enforcement agency shall contact the Department of Highway 395
589+Safety and Motor Vehicles in order to determine the name and 396
590+address of the owner and any person who has filed a lien on the 397
591+vehicle or vessel as provided in s. 319.27(2) or (3) or s. 398
592+328.15. On receipt of this information, the law enforcement 399
593+agency shall mail a copy of the notice by certified mail, return 400
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602602 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
603603
604604
605605
606-Vessel exclusion zones created pursuant to this subparagraph 401
607-must be marked with uniform waterway markers permitted by the 402
608-commission in accordance with this chapter. Such zones may not 403
609-be marked by ropes. 404
610- Section 7. Section 376.15, Florida Statutes, is repealed. 405
611- Section 8. Subsections (22) and (34) of section 379.101, 406
612-Florida Statutes, are amended to read: 407
613- 379.101 Definitions. —In construing these statutes, where 408
614-the context does not clearly indicate otherwise, the word, 409
615-phrase, or term: 410
616- (22) "Marine fish" means any saltwater species of finfish 411
617-of the classes Agnatha, Chondrichthyes, and Osteichthyes , and 412
618-marine invertebrates of in the classes Gastropoda and, Bivalvia, 413
619-the subphylum and Crustacea, or the phylum Echinodermata ; 414
620-however, the term but does not include nonliving shells or 415
621-echinoderms. 416
622- (34) "Saltwater fish" means: 417
623- (a) Any saltwater species of finfish of the classes 418
624-Agnatha, Chondrichthyes, or Osteichthyes and mari ne 419
625-invertebrates of the classes Gastropoda and, Bivalvia, the 420
626-subphylum or Crustacea, or of the phylum Echinodermata ; however, 421
627-the term but does not include nonliving shells or echinoderms; 422
628-and 423
629- (b) All classes of pisces, shellfish, sponges, and 424
630-crustaceans crustacea native to salt water. 425
606+receipt requested, to the owner and to the lienholder, if any, 401
607+except that a law enforcement officer who has issued a citation 402
608+for a violation of s. 376.15 or s. 823.11 to the owner of a 403
609+derelict vessel is not r equired to mail a copy of the notice by 404
610+certified mail, return receipt requested, to the owner. For a 405
611+derelict vessel or a vessel declared a public nuisance pursuant 406
612+to s. 327.73(1)(aa), the mailed notice must inform the owner or 407
613+responsible party that he or she has a right to a hearing to 408
614+dispute the determination that the vessel is derelict or 409
615+otherwise in violation of the law. If a request for a hearing is 410
616+made, a state agency shall follow the processes as set forth in 411
617+s. 120.569. Local governmental enti ties shall follow the 412
618+processes set forth in s. 120.569, except that a local judge, 413
619+magistrate, or code enforcement officer may be designated to 414
620+conduct such a hearing. If, at the end of 5 days after posting 415
621+the notice in sub-subparagraph 1.a., or at the e nd of 21 days 416
622+after posting the notice in sub -subparagraph 1.b., and mailing 417
623+such notice, if required, the owner or any person interested in 418
624+the lost or abandoned article or articles described has not 419
625+removed the article or articles from public property or shown 420
626+reasonable cause for failure to do so, and, in the case of a 421
627+derelict vessel or a vessel declared a public nuisance pursuant 422
628+to s. 327.73(1)(aa), has not requested a hearing in accordance 423
629+with this section, the following shall apply: 424
630+ a. For abandoned property other than a derelict vessel or 425
631631
632-CS/CS/HB 323 2022
632+CS/HB 323 2022
633633
634634
635635
636636 CODING: Words stricken are deletions; words underlined are additions.
637-hb0323-02-c2
638-Page 18 of 44
637+hb0323-01-c1
638+Page 18 of 34
639639 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
640640
641641
642642
643- Section 9. Subsection (3) of section 705.101, Florida 426
644-Statutes, is amended to read: 427
645- 705.101 Definitions. —As used in this chapter: 428
646- (3) "Abandoned property" means all tangible personal 429
647-property that does not have an identifiable owner and that has 430
648-been disposed on public property in a wrecked, inoperative, or 431
649-partially dismantled condition or has no apparent intrinsic 432
650-value to the rightful owner. The term includes derelict vessels 433
651-as defined in s. 823.11 and vessels declared a public nuisance 434
652-pursuant to s. 327.73(1)(aa) . 435
653- Section 10. Paragraph (a) of subsection (2) and subsection 436
654-(4) of section 705.103, Florida Statutes, are amende d to read: 437
655- 705.103 Procedure for abandoned or lost property. — 438
656- (2)(a)1. Whenever a law enforcement officer ascertains 439
657-that: 440
658- a. An article of lost or abandoned property other than a 441
659-derelict vessel or a vessel declared a public nuisance pursuant 442
660-to s. 327.73(1)(aa) is present on public property and is of such 443
661-nature that it cannot be easily removed, the officer shall cause 444
662-a notice to be placed upon such article in substantially the 445
663-following form: 446
664- 447
665-NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 448
666-PROPERTY. This property, to wit: ...(setting forth brief 449
667-description)... is unlawfully upon public property known as 450
643+a vessel declared a public nuisance pursuant to s. 426
644+327.73(1)(aa), the law enforcement agency may retain any or all 427
645+of the property for its own use or for use by the state or unit 428
646+of local government, trade such property to another unit of 429
647+local government or state agency, donate the property to a 430
648+charitable organization, sell the property, or notify the 431
649+appropriate refuse removal service. 432
650+ b. For a derelict vessel or a vessel declared a public 433
651+nuisance pursuant to s. 327.73(1)(aa), the law enforcement 434
652+agency or its designee may: 435
653+ (I) Remove the vessel from the waters of this state and 436
654+destroy and dispose of the vessel or authorize another 437
655+governmental entity or its designee to do so; or 438
656+ (II) Authorize the vess el's use as an artificial reef in 439
657+accordance with s. 379.249 if all necessary federal, state, and 440
658+local authorizations are received. 441
659+ 442
660+A law enforcement agency or its designee may also take action as 443
661+described in this sub -subparagraph if, following a hearin g 444
662+pursuant to this section, the judge, magistrate, administrative 445
663+law judge, or hearing officer has determined the vessel to be 446
664+derelict as provided in s. 823.11 or otherwise in violation of 447
665+the law in accordance with s. 327.73(1)(aa) and a final order 448
666+has been entered or the case is otherwise closed. 449
667+ Section 10. Present subsections (4), (5), and (6) of 450
668668
669-CS/CS/HB 323 2022
669+CS/HB 323 2022
670670
671671
672672
673673 CODING: Words stricken are deletions; words underlined are additions.
674-hb0323-02-c2
675-Page 19 of 44
674+hb0323-01-c1
675+Page 19 of 34
676676 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
677677
678678
679679
680-...(setting forth brief description of location)... and must be 451
681-removed within 5 days; otherwise, it will be removed and 452
682-disposed of pursuant to chapter 705, Florida Statutes. The owner 453
683-will be liable for the costs of removal, storage, and 454
684-publication of notice. Dated this: ...(setting forth the date of 455
685-posting of notice)..., signed: ...(setting forth name, title, 456
686-address, and telephone number of law enforcement officer).... 457
687- 458
688- b. A derelict vessel or a vessel declared a public 459
689-nuisance pursuant to s. 327.73(1)(aa) is present on the waters 460
690-of this state, the officer shall cause a notice to be placed 461
691-upon such vessel in substantially t he following form: 462
692- 463
693-NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 464
694-VESSEL. This vessel, to wit: ...(setting forth brief 465
695-description)... has been determined to be ...(derelict or a 466
696-public nuisance)... and is unlawfully upon waters of this st ate 467
697-...(setting forth brief description of location)... and must be 468
698-removed within 21 days; otherwise, it will be removed and 469
699-disposed of pursuant to chapter 705, Florida Statutes. The owner 470
700-and other interested parties have the right to a hearing to 471
701-challenge the determination that this vessel is derelict or 472
702-otherwise in violation of the law. Please contact ...(contact 473
703-information for person who can arrange for a hearing in 474
704-accordance with this section).... The owner or the party 475
680+section 823.11, Florida Statutes, are redesignated as 451
681+subsections (5), (6), and (7), respectively, a new subsection 452
682+(4) is added to that section, and su bsection (1), paragraph (c) 453
683+of subsection (2), subsection (3), and present subsections (5) 454
684+and (6) of that section are amended, to read: 455
685+ 823.11 Derelict vessels; relocation or removal; penalty. — 456
686+ (1) As used in this section and s. 376.15, the term: 457
687+ (a) "Commission" means the Fish and Wildlife Conservation 458
688+Commission. 459
689+ (b) "Derelict vessel" means a vessel, as defined in s. 460
690+327.02, that is: 461
691+ 1. In a wrecked, junked, or substantially dismantled 462
692+condition upon any waters of this state. 463
693+ a. A vessel is wrecked if it is sunken or sinking; aground 464
694+without the ability to extricate itself absent mechanical 465
695+assistance; or remaining after a marine casualty, including, but 466
696+not limited to, a boating accident, extreme weather, or a fire. 467
697+ b. A vessel is junked if it has been substantially 468
698+stripped of vessel components, if vessel components have 469
699+substantially degraded or been destroyed, or if the vessel has 470
700+been discarded by the owner or operator. Attaching an outboard 471
701+motor to a vessel that is otherwise junked wil l not cause the 472
702+vessel to no longer be junked if such motor is not an effective 473
703+means of propulsion as required by s. 327.4107(2)(e) and 474
704+associated rules. 475
705705
706-CS/CS/HB 323 2022
706+CS/HB 323 2022
707707
708708
709709
710710 CODING: Words stricken are deletions; words underlined are additions.
711-hb0323-02-c2
712-Page 20 of 44
711+hb0323-01-c1
712+Page 20 of 34
713713 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
714714
715715
716716
717-determined to be legally r esponsible for the vessel being upon 476
718-the waters of this state in a derelict condition or as a public 477
719-nuisance will be liable for the costs of removal, destruction, 478
720-and disposal if this vessel is not removed by the owner. Dated 479
721-this: ...(setting forth the d ate of posting of notice)..., 480
722-signed: ...(setting forth name, title, address, and telephone 481
723-number of law enforcement officer).... 482
724- 483
725- 2. The notices required under subparagraph 1. may not be 484
726-less than 8 inches by 10 inches and must shall be sufficiently 485
727-weatherproof to withstand normal exposure to the elements. In 486
728-addition to posting, the law enforcement officer shall make a 487
729-reasonable effort to ascertain the name and address of the 488
730-owner. If such is reasonably available to the officer, she or he 489
731-shall mail a copy of such notice to the owner on or before the 490
732-date of posting. If the property is a motor vehicle as defined 491
733-in s. 320.01(1) or a vessel as defined in s. 327.02, the law 492
734-enforcement agency shall contact the Department of Highway 493
735-Safety and Motor Veh icles in order to determine the name and 494
736-address of the owner and any person who has filed a lien on the 495
737-vehicle or vessel as provided in s. 319.27(2) or (3) or s. 496
738-328.15(1). On receipt of this information, the law enforcement 497
739-agency shall mail a copy of t he notice by certified mail, return 498
740-receipt requested, to the owner and to the lienholder, if any, 499
741-except that a law enforcement officer who has issued a citation 500
717+ c. A vessel is substantially dismantled if at least two of 476
718+the three following vessel systems or co mponents are missing, 477
719+compromised, incomplete, inoperable, or broken: 478
720+ (I) The steering system; 479
721+ (II) The propulsion system; or 480
722+ (III) The exterior hull integrity. 481
723+ 482
724+Attaching an outboard motor to a vessel that is otherwise 483
725+substantially dismantled will not cause the vessel to no longer 484
726+be substantially dismantled if such motor is not an effective 485
727+means of propulsion as required by s. 327.4107(2)(e) and 486
728+associated rules. 487
729+ 2. At a port in this state without the consent of the 488
730+agency having jurisdiction thereof. 489
731+ 3. Docked, grounded, or beached upon the property of 490
732+another without the consent of the owner of the property. 491
733+ (c) "Gross negligence" means conduct so reckless or 492
734+wanting in care that it constitutes a conscious disregard or 493
735+indifference to the safety of the property exposed to such 494
736+conduct. 495
737+ (d) "Willful misconduct" means conduct evidencing 496
738+carelessness or negligence of such a degree or recurrence as to 497
739+manifest culpability, wrongful intent, or evil design or to show 498
740+an intentional and substantial disregard of the interests of the 499
741+vessel owner. 500
742742
743-CS/CS/HB 323 2022
743+CS/HB 323 2022
744744
745745
746746
747747 CODING: Words stricken are deletions; words underlined are additions.
748-hb0323-02-c2
749-Page 21 of 44
748+hb0323-01-c1
749+Page 21 of 34
750750 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
751751
752752
753753
754-for a violation of s. 376.15 or s. 823.11 to the owner of a 501
755-derelict vessel is not required t o mail a copy of the notice by 502
756-certified mail, return receipt requested, to the owner. For a 503
757-derelict vessel or a vessel declared a public nuisance pursuant 504
758-to s. 327.73(1)(aa), the mailed notice must inform the owner or 505
759-responsible party that he or she ha s a right to a hearing to 506
760-dispute the determination that the vessel is derelict or 507
761-otherwise in violation of the law. If a request for a hearing is 508
762-made, a state agency shall follow the processes set forth in s. 509
763-120.569. Local governmental entities shall f ollow the processes 510
764-set forth in s. 120.569, except that a local judge, magistrate, 511
765-or code enforcement officer may be designated to conduct such a 512
766-hearing. If, at the end of 5 days after posting the notice in 513
767-sub-subparagraph 1.a., or at the end of 21 day s after posting 514
768-the notice in sub-subparagraph 1.b., and mailing such notice, if 515
769-required, the owner or any person interested in the lost or 516
770-abandoned article or articles described has not removed the 517
771-article or articles from public property or shown reaso nable 518
772-cause for failure to do so, and, in the case of a derelict 519
773-vessel or a vessel declared a public nuisance pursuant to s. 520
774-327.73(1)(aa), has not requested a hearing in accordance with 521
775-this section, the following shall apply: 522
776- a. For abandoned property other than a derelict vessel or 523
777-a vessel declared a public nuisance pursuant to s. 524
778-327.73(1)(aa), the law enforcement agency may retain any or all 525
754+ (2) 501
755+ (c) The additional time provided in subparagraph (b)2. for 502
756+an owner or responsible party to remove a derelict vessel from 503
757+the waters of this state or to repair and remedy the vessel's 504
758+derelict condition This subsection does not apply to a vessel 505
759+that was derelict upon the waters of this state before the 506
760+stated accident or event. 507
761+ (3) The commission, an officer of the commission, or a law 508
762+enforcement agency or officer specified in s. 327.70 may 509
763+relocate, remove, and store, destroy, or dispose of or cause to 510
764+be relocated, removed, and stored, destroyed, or disposed of a 511
765+derelict vessel from waters of this state as defined in s. 512
766+327.02 if the derelict vessel obstructs or threatens to obstruct 513
767+navigation or in any way constitutes a danger to the 514
768+environment, property, or persons. The commission, an officer of 515
769+the commission, or any other law enforcement agency or officer 516
770+acting pursuant to this subsection to relocate, remove, and 517
771+store, destroy, dispose of or cause to be relocated, removed, 518
772+and stored, destroyed, or disposed of a derelict vessel from 519
773+waters of this state shall be held harmless for all damages to 520
774+the derelict vessel resulting from such action unless the damage 521
775+results from gross ne gligence or willful misconduct. 522
776+ (a) Removal of derelict vessels under this subsection may 523
777+be funded by grants provided in ss. 206.606 and 376.15. The 524
778+commission shall implement a plan for the procurement of any 525
779779
780-CS/CS/HB 323 2022
780+CS/HB 323 2022
781781
782782
783783
784784 CODING: Words stricken are deletions; words underlined are additions.
785-hb0323-02-c2
786-Page 22 of 44
785+hb0323-01-c1
786+Page 22 of 34
787787 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
788788
789789
790790
791-of the property for its own use or for use by the state or unit 526
792-of local government, trade such property to another unit of 527
793-local government or state agency, donate the property to a 528
794-charitable organization, sell the property, or notify the 529
795-appropriate refuse removal service. 530
796- b. For a derelict vessel or a vessel declared a public 531
797-nuisance pursuant to s. 327.73 (1)(aa), the law enforcement 532
798-agency or its designee may: 533
799- (I) Remove the vessel from the waters of this state and 534
800-destroy and dispose of the vessel or authorize another 535
801-governmental entity or its designee to do so; or 536
802- (II) Authorize the vessel's use as an artificial reef in 537
803-accordance with s. 379.249 if all necessary federal, state, and 538
804-local authorizations are received. 539
805- 540
806-A law enforcement agency or its designee may also take action as 541
807-described in this sub -subparagraph if, following a hearing 542
808-pursuant to this section, the judge, magistrate, administrative 543
809-law judge, or hearing officer has determined the vessel to be 544
810-derelict as provided in s. 823.11 or otherwise in violation of 545
811-the law in accordance with s. 327.73(1)(aa) and a final order 546
812-has been entered or the case is otherwise closed. 547
813- (4) The owner of any abandoned or lost property, or in the 548
814-case of a derelict vessel or a vessel declared a public nuisance 549
815-pursuant to s. 327.73(1)(aa) , the owner or other party 550
791+available federal disaster funds and use su ch funds for the 526
792+removal of derelict vessels. 527
793+ (a)(b) All costs, including costs owed to a third party, 528
794+incurred by the commission, another law enforcement agency, or a 529
795+governmental subdivision, when the governmental subdivision has 530
796+received authorization from a law enforcement officer or agency, 531
797+in the relocation, removal, storage, destruction, or disposal of 532
798+a derelict vessel are recoverable against the vessel owner or 533
799+the party determined to be legally responsible for the vessel 534
800+being upon the waters of this state in a derelict condition. The 535
801+Department of Legal Affairs shall represent the commission in 536
802+actions to recover such costs. As provided in s. 705.103(4), a 537
803+person who neglects or refuses to pay such costs may not be 538
804+issued a certificate of regist ration for such vessel or for any 539
805+other vessel or motor vehicle until such costs have been paid. A 540
806+person who has neglected or refused to pay all costs of removal, 541
807+storage, destruction, or disposal of a derelict vessel as 542
808+provided in this section, after ha ving been provided written 543
809+notice via certified mail that such costs are owed, and who 544
810+applies for and is issued a registration for a vessel or motor 545
811+vehicle before such costs have been paid in full commits a 546
812+misdemeanor of the first degree, punishable as provided in s. 547
813+775.082 or s. 775.083. 548
814+ (b)(c) A contractor performing such activities at the 549
815+direction of the commission, an officer of the commission, a law 550
816816
817-CS/CS/HB 323 2022
817+CS/HB 323 2022
818818
819819
820820
821821 CODING: Words stricken are deletions; words underlined are additions.
822-hb0323-02-c2
823-Page 23 of 44
822+hb0323-01-c1
823+Page 23 of 34
824824 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
825825
826826
827827
828-determined to be legally responsible for the vessel being upon 551
829-the waters of this state in a derelict condition or as a public 552
830-nuisance, who, after notice as provided in this section, does 553
831-not remove such property within the specified period is shall be 554
832-liable to the law enforcement agency, othe r governmental entity, 555
833-or the agency's or entity's designee for all costs of removal, 556
834-storage, and destruction, and disposal of such property, less 557
835-any salvage value obtained by disposal of the property. Upon 558
836-final disposition of the property, the law enfo rcement officer 559
837-or representative of the law enforcement agency or other 560
838-governmental entity shall notify the owner or in the case of a 561
839-derelict vessel or vessel declared a public nuisance pursuant to 562
840-s. 327.73(1)(aa), the owner or other party determined t o be 563
841-legally responsible, if known, of the amount owed. In the case 564
842-of an abandoned vessel or motor vehicle, any person who neglects 565
843-or refuses to pay such amount is not entitled to be issued a 566
844-certificate of registration for such vessel or motor vehicle, or 567
845-any other vessel or motor vehicle, until such costs have been 568
846-paid. A person who has neglected or refused to pay all costs of 569
847-removal, storage, disposal, and destruction of a vessel or motor 570
848-vehicle as provided in this section, after having been provide d 571
849-written notice via certified mail that such costs are owed, and 572
850-who applies for and is issued a registration for a vessel or 573
851-motor vehicle before such costs have been paid in full commits a 574
852-misdemeanor of the first degree, punishable as provided in s. 575
828+enforcement agency or officer, or a governmental subdivision, 551
829+when the governmental subdivision h as received authorization for 552
830+the relocation or removal from a law enforcement officer or 553
831+agency, pursuant to this section must be licensed in accordance 554
832+with applicable United States Coast Guard regulations where 555
833+required; obtain and carry in full force a nd effect a policy 556
834+from a licensed insurance carrier in this state to insure 557
835+against any accident, loss, injury, property damage, or other 558
836+casualty caused by or resulting from the contractor's actions; 559
837+and be properly equipped to perform the services to be provided. 560
838+ (4)(a) Removal of derelict vessels under this subsection 561
839+may be funded by grants provided in s. 206.606. 562
840+ (b) The commission may implement a plan for the 563
841+procurement of any available federal disaster funds and use such 564
842+funds for the removal o f derelict vessels. 565
843+ (c) The commission may establish a program to provide 566
844+grants to local governments for the removal, storage, 567
845+destruction, and disposal of derelict vessels from the waters of 568
846+this state. This grant funding may also be used for the remov al, 569
847+storage, destruction, and disposal of vessels declared a public 570
848+nuisance pursuant to s. 327.73(1)(aa). The program must be 571
849+funded from the Marine Resources Conservation Trust Fund or the 572
850+Florida Coastal Protection Trust Fund. Notwithstanding s. 573
851+216.181(11), funds available for these grants may only be 574
852+authorized by appropriations acts of the Legislature. In a given 575
853853
854-CS/CS/HB 323 2022
854+CS/HB 323 2022
855855
856856
857857
858858 CODING: Words stricken are deletions; words underlined are additions.
859-hb0323-02-c2
860-Page 24 of 44
859+hb0323-01-c1
860+Page 24 of 34
861861 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
862862
863863
864864
865-775.082 or s. 775.083. The law enforcement officer or 576
866-representative of the law enforcement agency or other 577
867-governmental entity shall supply the Department of Highway 578
868-Safety and Motor Vehicles with a list of persons whose vessel 579
869-registration privileges and m otor vehicle privileges have been 580
870-revoked under this subsection. The department or a person acting 581
871-as an agent of the department may not issue a certificate of 582
872-registration to a person whose vessel and motor vehicle 583
873-registration privileges have been revoke d, as provided by this 584
874-subsection, until such costs have been paid. 585
875- Section 11. Effective July 1, 2023, paragraph (a) of 586
876-subsection (2) of section 705.103, Florida Statutes, as amended 587
877-by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 588
878-read: 589
879- 705.103 Procedure for abandoned or lost property. — 590
880- (2)(a)1. Whenever a law enforcement officer ascertains 591
881-that: 592
882- a. An article of lost or abandoned property other than a 593
883-derelict vessel or a vessel declared a public nuisance pursuant 594
884-to s. 327.73(1)(aa) is present on public property and is of such 595
885-nature that it cannot be easily removed, the officer shall cause 596
886-a notice to be placed upon such article in substantially the 597
887-following form: 598
888- 599
889-NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHE D 600
865+fiscal year, if all funds appropriated pursuant to this 576
866+paragraph are not requested by and granted to local governments 577
867+for the removal, sto rage, destruction, and disposal of derelict 578
868+vessels or vessels declared a public nuisance pursuant to s. 579
869+327.73(1)(aa) by the end of the third quarter, the Fish and 580
870+Wildlife Conservation Commission may use the remainder of the 581
871+funds to remove, store, destr oy, and dispose of, or to pay 582
872+private contractors to remove, store, destroy, and dispose of, 583
873+derelict vessels or vessels declared a public nuisance pursuant 584
874+to s. 327.73(1)(aa). The commission shall adopt by rule 585
875+procedures for local governments to submit a grant application 586
876+and criteria for allocating available funds. Such criteria must 587
877+include, at a minimum, the following: 588
878+ 1. The number of derelict vessels within the jurisdiction 589
879+of the applicant. 590
880+ 2. The threat posed by such vessels to public health o r 591
881+safety, the environment, navigation, or the aesthetic condition 592
882+of the general vicinity. 593
883+ 3. The degree of commitment of the local government to 594
884+maintain waters free of abandoned and derelict vessels and to 595
885+seek legal action against those who abandon ve ssels in the 596
886+waters of this state as defined in s. 327.02. 597
887+ (6)(5) A person, firm, or corporation violating this 598
888+section commits a misdemeanor of the first degree and shall be 599
889+punished as provided by law. A conviction under this section 600
890890
891-CS/CS/HB 323 2022
891+CS/HB 323 2022
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898898 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
899899
900900
901901
902-PROPERTY. This property, to wit: ...(setting forth brief 601
903-description)... is unlawfully upon public property known as 602
904-...(setting forth brief description of location)... and must be 603
905-removed within 5 days; otherwise, it will be removed and 604
906-disposed of pursuant to chapter 705, Florida Statutes. The owner 605
907-will be liable for the costs of removal, storage, and 606
908-publication of notice. Dated this: ...(setting forth the date of 607
909-posting of notice)..., signed: ...(setting forth name, title, 608
910-address, and telephone num ber of law enforcement officer).... 609
911- 610
912- b. A derelict vessel or a vessel declared a public 611
913-nuisance pursuant to s. 327.73(1)(aa) is present on the waters 612
914-of this state, the officer shall cause a notice to be placed 613
915-upon such vessel in substantially the foll owing form: 614
916- 615
917-NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 616
918-VESSEL. This vessel, to wit: ...(setting forth brief description 617
919-of location)... has been determined to be ...(derelict or a 618
920-public nuisance)... and is unlawfully upon the waters of this 619
921-state ...(setting forth brief description of location)... and 620
922-must be removed within 21 days; otherwise, it will be removed 621
923-and disposed of pursuant to chapter 705, Florida Statutes. The 622
924-owner and other interested parties have the right to a hearing 623
925-to challenge the determination that this vessel is derelict or 624
926-otherwise in violation of the law. Please contact ...(contact 625
902+does not bar the assessment and collection of a the civil 601
903+penalty provided in s. 376.16 for violation of s. 376.15 . The 602
904+court having jurisdiction over the criminal offense, 603
905+notwithstanding any jurisdictional limitations on the amount in 604
906+controversy, may order the imposition of such civil penalty in 605
907+addition to any sentence imposed for the first criminal offense. 606
908+ (7)(6) If an owner or a responsible party of a vessel 607
909+determined to be derelict through an administrative or criminal 608
910+proceeding has been charged by an officer of the commission or 609
911+any law enforcement agency or officer as specified in s. 327.70 610
912+under subsection (5) for a violation of subsection (2) or a 611
913+violation of s. 376.15(2) , a person may not reside or dwell on 612
914+such vessel until the vessel is removed from the wa ters of the 613
915+state permanently or returned to the waters of the state in a 614
916+condition that is no longer derelict. 615
917+ Section 11. Paragraph (p) of subsection (4) of section 616
918+934.50, Florida Statutes, is amended to read: 617
919+ 934.50 Searches and seizure using a drone.— 618
920+ (4) EXCEPTIONS.—This section does not prohibit the use of 619
921+a drone: 620
922+ (p) By an a non-law enforcement employee of the Fish and 621
923+Wildlife Conservation Commission or of the Florida Forest 622
924+Service for the purposes of managing and eradicating invasive 623
925+exotic plants or animals on public lands and suppressing and 624
926+mitigating wildfire threats. 625
927927
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935935 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
936936
937937
938938
939-information for person who can arrange for a hearing in 626
940-accordance with this section)... The owner or the party 627
941-determined to be legally respon sible for the vessel being upon 628
942-the waters of this state in a derelict condition or as a public 629
943-nuisance will be liable for the costs of removal, destruction, 630
944-and disposal if this vessel is not removed by the owner. Dated 631
945-this: ...(setting forth the date o f posting of notice)..., 632
946-signed: ...(setting forth name, title, address, and telephone 633
947-number of law enforcement officer).... 634
948- 635
949- 2. The notices required under subparagraph 1. may not be 636
950-less than 8 inches by 10 inches and must shall be sufficiently 637
951-weatherproof to withstand normal exposure to the elements. In 638
952-addition to posting, the law enforcement officer shall make a 639
953-reasonable effort to ascertain the name and address of the 640
954-owner. If such is reasonably available to the officer, she or he 641
955-shall mail a copy of such notice to the owner on or before the 642
956-date of posting. If the property is a motor vehicle as defined 643
957-in s. 320.01(1) or a vessel as defined in s. 327.02, the law 644
958-enforcement agency shall contact the Department of Highway 645
959-Safety and Motor Vehicles in order to determine the name and 646
960-address of the owner and any person who has filed a lien on the 647
961-vehicle or vessel as provided in s. 319.27(2) or (3) or s. 648
962-328.15. On receipt of this information, the law enforcement 649
963-agency shall mail a copy of the notic e by certified mail, return 650
939+ Section 12. Section 327.04, Florida Statutes, is amended 626
940+to read: 627
941+ 327.04 Rules.—The commission may adopt rules pursuant to 628
942+ss. 120.536(1) and 120.54 to implemen t this chapter, the 629
943+provisions of chapter 705 relating to vessels, and s. ss. 376.15 630
944+and 823.11 conferring powers or duties upon it . 631
945+ Section 13. Paragraphs (a) and (c) of subsection (1) of 632
946+section 327.352, Florida Statutes, are amended to read: 633
947+ 327.352 Tests for alcohol, chemical substances, or 634
948+controlled substances; implied consent; refusal. — 635
949+ (1)(a)1. The Legislature declares that the operation of a 636
950+vessel is a privilege that must be exercised in a reasonable 637
951+manner. In order to protect the public health and safety, it is 638
952+essential that a lawful and effective means of reducing the 639
953+incidence of boating while impaired or intoxicated be 640
954+established. Therefore, a person who accepts the privilege 641
955+extended by the laws of this state of operating a vessel w ithin 642
956+this state is, by operating such vessel, deemed to have given 643
957+his or her consent to submit to an approved chemical test or 644
958+physical test including, but not limited to, an infrared light 645
959+test of his or her breath for the purpose of determining the 646
960+alcoholic content of his or her blood or breath if the person is 647
961+lawfully arrested for any offense allegedly committed while the 648
962+person was operating a vessel while under the influence of 649
963+alcoholic beverages. The chemical or physical breath test must 650
964964
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972972 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
973973
974974
975975
976-receipt requested, to the owner and to the lienholder, if any, 651
977-except that a law enforcement officer who has issued a citation 652
978-for a violation of s. 376.15 or s. 823.11 to the owner of a 653
979-derelict vessel is not required to mail a copy of the notice by 654
980-certified mail, return receipt requested, to the owner. For a 655
981-derelict vessel or a vessel declared a public nuisance pursuant 656
982-to s. 327.73(1)(aa), the mailed notice must inform the owner or 657
983-responsible party that he or she has a righ t to a hearing to 658
984-dispute the determination that the vessel is derelict or 659
985-otherwise in violation of the law. If a request for a hearing is 660
986-made, a state agency shall follow the processes as set forth in 661
987-s. 120.569. Local governmental entities shall follow the 662
988-processes set forth in s. 120.569, except that a local judge, 663
989-magistrate, or code enforcement officer may be designated to 664
990-conduct such a hearing. If, at the end of 5 days after posting 665
991-the notice in sub-subparagraph 1.a., or at the end of 21 days 666
992-after posting the notice in sub -subparagraph 1.b., and mailing 667
993-such notice, if required, the owner or any person interested in 668
994-the lost or abandoned article or articles described has not 669
995-removed the article or articles from public property or shown 670
996-reasonable cause for failure to do so, and, in the case of a 671
997-derelict vessel or a vessel declared a public nuisance pursuant 672
998-to s. 327.73(1)(aa), has not requested a hearing in accordance 673
999-with this section, the following shall apply: 674
1000- a. For abandoned property othe r than a derelict vessel or 675
976+be incidental to a lawful arrest and administered at the request 651
977+of a law enforcement officer who has reasonable cause to believe 652
978+such person was operating the vessel within this state while 653
979+under the influence of alcoholic beverages. The administration 654
980+of a breath test does not preclude the administration of another 655
981+type of test. The person must shall be told that his or her 656
982+failure to submit to any lawful test of his or her breath under 657
983+this chapter will result in a civil penalty of $500, and shall 658
984+also be told that if he or she refuses to submit to a lawful 659
985+test of his or her breath and he or she has been previously 660
986+fined under s. 327.35215 or his or her driving privilege has 661
987+been previously had his or her driver license suspended for 662
988+refusal to submit to any law ful test of his or her breath, 663
989+urine, or blood, he or she commits a misdemeanor of the first 664
990+degree, punishable as provided in s. 775.082 or s. 775.083, in 665
991+addition to any other penalties provided by law. The refusal to 666
992+submit to a chemical or physical bre ath test upon the request of 667
993+a law enforcement officer as provided in this section is 668
994+admissible into evidence in any criminal proceeding. 669
995+ 2. A person who accepts the privilege extended by the laws 670
996+of this state of operating a vessel within this state is , by 671
997+operating such vessel, deemed to have given his or her consent 672
998+to submit to a urine test for the purpose of detecting the 673
999+presence of chemical substances as set forth in s. 877.111 or 674
1000+controlled substances if the person is lawfully arrested for any 675
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10091009 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
10101010
10111011
10121012
1013-a vessel declared a public nuisance pursuant to s. 676
1014-327.73(1)(aa), the law enforcement agency may retain any or all 677
1015-of the property for its own use or for use by the state or unit 678
1016-of local government, trade such property to anoth er unit of 679
1017-local government or state agency, donate the property to a 680
1018-charitable organization, sell the property, or notify the 681
1019-appropriate refuse removal service. 682
1020- b. For a derelict vessel or a vessel declared a public 683
1021-nuisance pursuant to s. 327.73(1)(a a), the law enforcement 684
1022-agency or its designee may: 685
1023- (I) Remove the vessel from the waters of this state and 686
1024-destroy and dispose of the vessel or authorize another 687
1025-governmental entity or its designee to do so; or 688
1026- (II) Authorize the vessel's use as an ar tificial reef in 689
1027-accordance with s. 379.249 if all necessary federal, state, and 690
1028-local authorizations are received. 691
1029- 692
1030-A law enforcement agency or its designee may also take action as 693
1031-described in this sub -subparagraph if, following a hearing 694
1032-pursuant to this section, the judge, magistrate, administrative 695
1033-law judge, or hearing officer has determined the vessel to be 696
1034-derelict as provided in s. 823.11 or otherwise in violation of 697
1035-the law in accordance with s. 327.73(1)(aa) and a final order 698
1036-has been entered or the case is otherwise closed. 699
1037- Section 12. Present subsections (4), (5), and (6) of 700
1013+offense allegedly committed while the person was operating a 676
1014+vessel while under the influence of chemical substances or 677
1015+controlled substances. The urine test must be incidental to a 678
1016+lawful arrest and administered at a detention facility or any 679
1017+other facility, mobile or otherwise, which is equipped to 680
1018+administer such tests at the request of a law enforcement 681
1019+officer who has reasonable cause to believe such person was 682
1020+operating a vessel within this state while under the influence 683
1021+of chemical substances or contr olled substances. The urine test 684
1022+must shall be administered at a detention facility or any other 685
1023+facility, mobile or otherwise, which is equipped to administer 686
1024+such test in a reasonable manner that will ensure the accuracy 687
1025+of the specimen and maintain the privacy of the individual 688
1026+involved. The administration of a urine test does not preclude 689
1027+the administration of another type of test. The person must 690
1028+shall be told that his or her failure to submit to any lawful 691
1029+test of his or her urine under this chapter w ill result in a 692
1030+civil penalty of $500, and shall also be told that if he or she 693
1031+refuses to submit to a lawful test of his or her urine and he or 694
1032+she has been previously fined under s. 327.35215 or his or her 695
1033+driving privilege has been previously had his or her driver 696
1034+license suspended for refusal to submit to any lawful test of 697
1035+his or her breath, urine, or blood, he or she commits a 698
1036+misdemeanor of the first degree, punishable as provided in s. 699
1037+775.082 or s. 775.083, in addition to any other penalties 700
10381038
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1039+CS/HB 323 2022
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10461046 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
10471047
10481048
10491049
1050-section 823.11, Florida Statutes, are redesignated as 701
1051-subsections (5), (6), and (7), respectively, a new subsection 702
1052-(4) is added to that section, and subsection (1), paragraph (c) 703
1053-of subsection (2), subsection (3), and present subsections (5) 704
1054-and (6) of that section are amended, to read: 705
1055- 823.11 Derelict vessels; relocation or removal; penalty. — 706
1056- (1) As used in this section and s. 376.15, the term: 707
1057- (a) "Commission" means the Fish and Wildlife Conservation 708
1058-Commission. 709
1059- (b) "Derelict vessel" means a vessel, as defined in s. 710
1060-327.02, that is: 711
1061- 1. In a wrecked, junked, or substantially dismantled 712
1062-condition upon any waters of this state. 713
1063- a. A vessel is wrecked if it is sunken or sinking; aground 714
1064-without the ability to extricate itself absent mechanical 715
1065-assistance; or remaining after a marine casualty, inc luding, but 716
1066-not limited to, a boating accident, extreme weather, or a fire. 717
1067- b. A vessel is junked if it has been substantially 718
1068-stripped of vessel components, if vessel components have 719
1069-substantially degraded or been destroyed, or if the vessel has 720
1070-been discarded by the owner or operator. Attaching an outboard 721
1071-motor to a vessel that is otherwise junked will not cause the 722
1072-vessel to no longer be junked if such motor is not an effective 723
1073-means of propulsion as required by s. 327.4107(2)(e) and 724
1074-associated rules. 725
1050+provided by law. The refusal to submit to a urine test upon the 701
1051+request of a law enforcement officer as provided in this section 702
1052+is admissible into evidence in any criminal proceeding. 703
1053+ (c) A person who accepts the privilege extended by the 704
1054+laws of this state o f operating a vessel within this state is, 705
1055+by operating such vessel, deemed to have given his or her 706
1056+consent to submit to an approved blood test for the purpose of 707
1057+determining the alcoholic content of the blood or a blood test 708
1058+for the purpose of determinin g the presence of chemical 709
1059+substances or controlled substances as provided in this section 710
1060+if there is reasonable cause to believe the person was operating 711
1061+a vessel while under the influence of alcoholic beverages or 712
1062+chemical or controlled substances and t he person appears for 713
1063+treatment at a hospital, clinic, or other medical facility and 714
1064+the administration of a breath or urine test is impractical or 715
1065+impossible. As used in this paragraph, the term "other medical 716
1066+facility" includes an ambulance or other medi cal emergency 717
1067+vehicle. The blood test shall be performed in a reasonable 718
1068+manner. A person who is incapable of refusal by reason of 719
1069+unconsciousness or other mental or physical condition is deemed 720
1070+not to have withdrawn his or her consent to such test. A pers on 721
1071+who is capable of refusal must shall be told that his or her 722
1072+failure to submit to such a blood test will result in a civil 723
1073+penalty of $500. The refusal to submit to a blood test upon the 724
1074+request of a law enforcement officer is shall be admissible in 725
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10831083 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
10841084
10851085
10861086
1087- c. A vessel is substantially dismantled if at least two of 726
1088-the three following vessel systems or components are missing, 727
1089-compromised, incomplete, inoperable, or broken: 728
1090- (I) The steering system; 729
1091- (II) The propulsion system; or 730
1092- (III) The exterior hul l integrity. 731
1093- 732
1094-Attaching an outboard motor to a vessel that is otherwise 733
1095-substantially dismantled will not cause the vessel to no longer 734
1096-be substantially dismantled if such motor is not an effective 735
1097-means of propulsion as required by s. 327.4107(2)(e) and 736
1098-associated rules. 737
1099- 2. At a port in this state without the consent of the 738
1100-agency having jurisdiction thereof. 739
1101- 3. Docked, grounded, or beached upon the property of 740
1102-another without the consent of the owner of the property. 741
1103- (c) "Gross negligence" means con duct so reckless or 742
1104-wanting in care that it constitutes a conscious disregard or 743
1105-indifference to the safety of the property exposed to such 744
1106-conduct. 745
1107- (d) "Willful misconduct" means conduct evidencing 746
1108-carelessness or negligence of such a degree or recurren ce as to 747
1109-manifest culpability, wrongful intent, or evil design or to show 748
1110-an intentional and substantial disregard of the interests of the 749
1111-vessel owner. 750
1087+evidence in any criminal proceeding . 726
1088+ Section 14. Subsection (4) of section 328.09, Florida 727
1089+Statutes, is amended to read: 728
1090+ 328.09 Refusal to issue and authority to cancel a 729
1091+certificate of title or registration. — 730
1092+ (4) The department may not issue a certificate of title to 731
1093+an applicant for a vessel that has been deemed derelict or a 732
1094+public nuisance by a law enforcement officer under s. 733
1095+327.73(1)(aa) s. 376.15 or s. 823.11. A law enforcement officer 734
1096+must inform the department in writing, which may be provided by 735
1097+facsimile, electronic mail, or other electronic means, of the 736
1098+vessel's derelict or public nuisance status and supply the 737
1099+department with the vessel title number or vessel identification 738
1100+number. The department may issue a certificate of title once a 739
1101+law enforcement officer has verified in writing, which may be 740
1102+provided by facsimile, electronic mail, or other electronic 741
1103+means, that the vessel is no longer a derelict or a public 742
1104+nuisance vessel. 743
1105+ Section 15. Section 25 of chapter 2021 -184, Laws of 744
1106+Florida, is repealed. 745
1107+ Section 16. Paragraph (c) of subsection (15) of section 746
1108+328.72, Florida Statutes, is amended to read: 747
1109+ 328.72 Classification; registration; fees and charges; 748
1110+surcharge; disposition of fees; fines; marine turtle stickers. — 749
1111+ (15) DISTRIBUTION OF FEES. —Except as provided in this 750
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11201120 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
11211121
11221122
11231123
1124- (2) 751
1125- (c) The additional time provided in subparagraph (b)2. for 752
1126-an owner or responsible party to remove a derelict vessel from 753
1127-the waters of this state or to repair and remedy the vessel's 754
1128-derelict condition This subsection does not apply to a vessel 755
1129-that was derelict upon the waters of this state before the 756
1130-stated accident or event. 757
1131- (3) The commission, an officer of the commission, or a law 758
1132-enforcement agency or officer specified in s. 327.70 may 759
1133-relocate, remove, and store, destroy, or dispose of or cause to 760
1134-be relocated, removed, and stored, destroyed, or disposed of a 761
1135-derelict vessel from waters of this state as defined in s. 762
1136-327.02 if the derelict vessel obstructs or threatens to obstruct 763
1137-navigation or in any way constitutes a danger to the 764
1138-environment, property, or persons. The commission, an officer of 765
1139-the commission, or any other law enforceme nt agency or officer 766
1140-acting pursuant to this subsection to relocate, remove, and 767
1141-store, destroy, dispose of or cause to be relocated, removed, 768
1142-and stored, destroyed, or disposed of a derelict vessel from 769
1143-waters of this state shall be held harmless for all damages to 770
1144-the derelict vessel resulting from such action unless the damage 771
1145-results from gross negligence or willful misconduct. 772
1146- (a) Removal of derelict vessels under this subsection may 773
1147-be funded by grants provided in ss. 206.606 and 376.15. The 774
1148-commission shall implement a plan for the procurement of any 775
1124+subsection, moneys designated for the use of the counties, as 751
1125+specified in subsection (1), shall be distributed by the tax 752
1126+collector to the board of county commissione rs for use only as 753
1127+provided in this section. Such moneys to be returned to the 754
1128+counties are for the sole purposes of providing, maintaining, or 755
1129+operating recreational channel marking and other uniform 756
1130+waterway markers, public boat ramps, lifts, and hoists, marine 757
1131+railways, boat piers, docks, mooring buoys, and other public 758
1132+launching facilities; and removing derelict vessels, debris that 759
1133+specifically impedes boat access, not including the dredging of 760
1134+channels, and vessels and floating structures deemed a haz ard to 761
1135+public safety and health for failure to comply with s. 327.53. 762
1136+Counties shall demonstrate through an annual detailed accounting 763
1137+report of vessel registration revenues that the registration 764
1138+fees were spent as provided in this subsection. This report 765
1139+shall be provided to the Fish and Wildlife Conservation 766
1140+Commission no later than November 1 of each year. If, before 767
1141+January 1 of each calendar year, the accounting report meeting 768
1142+the prescribed criteria has still not been provided to the 769
1143+commission, the tax collector of that county may not distribute 770
1144+the moneys designated for the use of counties, as specified in 771
1145+subsection (1), to the board of county commissioners but shall, 772
1146+for the next calendar year, remit such moneys to the state for 773
1147+deposit into the Marine Resources Conservation Trust Fund. The 774
1148+commission shall return those moneys to the county if the county 775
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11591159
11601160
1161-available federal disaster funds and use such funds for the 776
1162-removal of derelict vessels. 777
1163- (a)(b) All costs, including costs owed to a third party, 778
1164-incurred by the commission, another law enforcement ag ency, or a 779
1165-governmental subdivision, when the governmental subdivision has 780
1166-received authorization from a law enforcement officer or agency, 781
1167-in the relocation, removal, storage, destruction, or disposal of 782
1168-a derelict vessel are recoverable against the vesse l owner or 783
1169-the party determined to be legally responsible for the vessel 784
1170-being upon the waters of this state in a derelict condition. The 785
1171-Department of Legal Affairs shall represent the commission in 786
1172-actions to recover such costs. As provided in s. 705.103 (4), a 787
1173-person who neglects or refuses to pay such costs may not be 788
1174-issued a certificate of registration for such vessel or for any 789
1175-other vessel or motor vehicle until such costs have been paid. A 790
1176-person who has neglected or refused to pay all costs of remo val, 791
1177-storage, destruction, or disposal of a derelict vessel as 792
1178-provided in this section, after having been provided written 793
1179-notice via certified mail that such costs are owed, and who 794
1180-applies for and is issued a registration for a vessel or motor 795
1181-vehicle before such costs have been paid in full commits a 796
1182-misdemeanor of the first degree, punishable as provided in s. 797
1183-775.082 or s. 775.083. 798
1184- (b)(c) A contractor performing such activities at the 799
1185-direction of the commission, an officer of the commission, a law 800
1161+fully complies with this section within that calendar year. If 776
1162+the county does not fully comply with this section within that 777
1163+calendar year, the mo neys shall remain within the Marine 778
1164+Resources Trust Fund and may be appropriated for the purposes 779
1165+specified in this subsection. 780
1166+ (c) From the vessel registration fees designated for use 781
1167+by the counties in subsection (1), the following amounts shall 782
1168+be remitted to the state for deposit into the Marine Resources 783
1169+Conservation Trust Fund to fund derelict vessel removal grants, 784
1170+as appropriated by the Legislature pursuant to s. 823.11(4)(c) 785
1171+s. 376.15: 786
1172+ 1. Class A-2: $0.25 for each 12 -month period registered. 787
1173+ 2. Class 1: $2.06 for each 12 -month period registered. 788
1174+ 3. Class 2: $9.26 for each 12 -month period registered. 789
1175+ 4. Class 3: $16.45 for each 12 -month period registered. 790
1176+ 5. Class 4: $20.06 for each 12 -month period registered. 791
1177+ 6. Class 5: $25.46 for eac h 12-month period registered. 792
1178+ Section 17. Paragraph (h) of subsection (6) of section 793
1179+376.11, Florida Statutes, is amended to read: 794
1180+ 376.11 Florida Coastal Protection Trust Fund. — 795
1181+ (6) Moneys in the Florida Coastal Protection Trust Fund 796
1182+may be used for the following purposes: 797
1183+ (h) The funding of a grant program to local governments, 798
1184+pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e) , for the 799
1185+removal of derelict and public nuisance vessels from the public 800
11861186
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11941194 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
11951195
11961196
11971197
1198-enforcement agency or officer, or a governmental subdivision, 801
1199-when the governmental subdivision has received authorization for 802
1200-the relocation or removal from a law enforcement officer or 803
1201-agency, pursuant to this section must be licensed in accordance 804
1202-with applicable United States Coast Guard regulations where 805
1203-required; obtain and carry in full force and effect a policy 806
1204-from a licensed insurance carrier in this state to insure 807
1205-against any accident, loss, injury, property damage, or other 808
1206-casualty caused by o r resulting from the contractor's actions; 809
1207-and be properly equipped to perform the services to be provided. 810
1208- (4)(a) Removal of derelict vessels under this subsection 811
1209-may be funded by grants provided in s. 206.606. 812
1210- (b) The commission may implement a plan for the 813
1211-procurement of any available federal disaster funds and use such 814
1212-funds for the removal of derelict vessels. 815
1213- (c) The commission may establish a program to provide 816
1214-grants to local governments for the removal, storage, 817
1215-destruction, and disposal of derelict vessels from the waters of 818
1216-this state. This grant funding may also be used for the removal, 819
1217-storage, destruction, and disposal of vessels declared a public 820
1218-nuisance pursuant to s. 327.73(1)(aa). The program must be 821
1219-funded from the Marine Resources Conservation Trust Fund or the 822
1220-Florida Coastal Protection Trust Fund. Notwithstanding s. 823
1221-216.181(11), funds available for these grants may only be 824
1222-authorized by appropriations acts of the Legislature. In a given 825
1198+waters of the state. 801
1199+ Section 18. For the purpose of incorporating the amendment 802
1200+made by this act to section 379.101, Florida Statutes, in a 803
1201+reference thereto, subsection (4) of section 125.01, Florida 804
1202+Statutes, is reenacted to read: 805
1203+ 125.01 Powers and duties. — 806
1204+ (4) The legislative and governing body of a county shall 807
1205+not have the power to regulate the taking or possession of 808
1206+saltwater fish, as defined in s. 379.101, with respect to the 809
1207+method of taking, size, number, season, or species. However, 810
1208+this subsection does not prohibit a county from pro hibiting, for 811
1209+reasons of protecting the public health, safety, or welfare, 812
1210+saltwater fishing from real property owned by that county, nor 813
1211+does it prohibit the imposition of excise taxes by county 814
1212+ordinance. 815
1213+ Section 19. For the purpose of incorporating the amendment 816
1214+made by this act to section 379.101, Florida Statutes, in a 817
1215+reference thereto, section 379.2412, Florida Statutes, is 818
1216+reenacted to read: 819
1217+ 379.2412 State preemption of power to regulate. —The power 820
1218+to regulate the taking or possession of saltw ater fish, as 821
1219+defined in s. 379.101, is expressly reserved to the state. This 822
1220+section does not prohibit a local government from prohibiting, 823
1221+for reasons of protecting the public health, safety, or welfare, 824
1222+saltwater fishing from real property owned by that local 825
12231223
1224-CS/CS/HB 323 2022
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12311231 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
12321232
12331233
12341234
1235-fiscal year, if all funds appropriated purs uant to this 826
1236-paragraph are not requested by and granted to local governments 827
1237-for the removal, storage, destruction, and disposal of derelict 828
1238-vessels or vessels declared a public nuisance pursuant to s. 829
1239-327.73(1)(aa) by the end of the third quarter, the Fis h and 830
1240-Wildlife Conservation Commission may use the remainder of the 831
1241-funds to remove, store, destroy, and dispose of, or to pay 832
1242-private contractors to remove, store, destroy, and dispose of, 833
1243-derelict vessels or vessels declared a public nuisance pursuant 834
1244-to s. 327.73(1)(aa). The commission shall adopt by rule 835
1245-procedures for local governments to submit a grant application 836
1246-and criteria for allocating available funds. Such criteria must 837
1247-include, at a minimum, the following: 838
1248- 1. The number of derelict vessels within the jurisdiction 839
1249-of the applicant. 840
1250- 2. The threat posed by such vessels to public health or 841
1251-safety, the environment, navigation, or the aesthetic condition 842
1252-of the general vicinity. 843
1253- 3. The degree of commitment of the local government to 844
1254-maintain waters free of abandoned and derelict vessels and to 845
1255-seek legal action against those who abandon vessels in the 846
1256-waters of this state as defined in s. 327.02. 847
1257- (6)(5) A person, firm, or corporation violating this 848
1258-section commits a misdemeanor of the first d egree and shall be 849
1259-punished as provided by law. A conviction under this section 850
1260-
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1268-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
1269-
1270-
1271-
1272-does not bar the assessment and collection of a the civil 851
1273-penalty provided in s. 376.16 for violation of s. 376.15 . The 852
1274-court having jurisdiction over the criminal offense, 853
1275-notwithstanding any jurisdictional limitations on the amount in 854
1276-controversy, may order the imposition of such civil penalty in 855
1277-addition to any sentence imposed for the first criminal offense. 856
1278- (7)(6) If an owner or a responsible party of a vessel 857
1279-determined to be derelict through an administrative or criminal 858
1280-proceeding has been charged by an officer of the commission or 859
1281-any law enforcement agency or officer as specified in s. 327.70 860
1282-under subsection (5) for a violation of subsection (2) or a 861
1283-violation of s. 376.15(2), a person may not reside or dwell on 862
1284-such vessel until the vessel is removed from the waters of the 863
1285-state permanently or returned to the waters of the state in a 864
1286-condition that is no longer derelict. 865
1287- Section 13. Paragraph (p) of subsection (4 ) of section 866
1288-934.50, Florida Statutes, is amended to read: 867
1289- 934.50 Searches and seizure using a drone. — 868
1290- (4) EXCEPTIONS.—This section does not prohibit the use of 869
1291-a drone: 870
1292- (p) By an a non-law enforcement employee of the Fish and 871
1293-Wildlife Conservation C ommission or of the Florida Forest 872
1294-Service for the purposes of managing and eradicating invasive 873
1295-exotic plants or animals on public lands and suppressing and 874
1296-mitigating wildfire threats. 875
1297-
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1305-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
1306-
1307-
1308-
1309- Section 14. Section 327.04, Florida Statutes, is amended 876
1310-to read: 877
1311- 327.04 Rules.—The commission may adopt rules pursuant to 878
1312-ss. 120.536(1) and 120.54 to implement this chapter, the 879
1313-provisions of chapter 705 relating to vessels, and s. ss. 376.15 880
1314-and 823.11 conferring powers or duties upon it . 881
1315- Section 15. Paragraphs (a) and (c) of subsection (1) of 882
1316-section 327.352, Florida Statutes, are amended to read: 883
1317- 327.352 Tests for alcohol, chemical substances, or 884
1318-controlled substances; implied consent; refusal. — 885
1319- (1)(a)1. The Legislature declares that the operation of a 886
1320-vessel is a privilege that must be exercised in a reasonable 887
1321-manner. In order to protect the public health and safety, it is 888
1322-essential that a lawful and effective means of reducing the 889
1323-incidence of boating while impaired or intoxicated be 890
1324-established. Therefo re, a person who accepts the privilege 891
1325-extended by the laws of this state of operating a vessel within 892
1326-this state is, by operating such vessel, deemed to have given 893
1327-his or her consent to submit to an approved chemical test or 894
1328-physical test including, but n ot limited to, an infrared light 895
1329-test of his or her breath for the purpose of determining the 896
1330-alcoholic content of his or her blood or breath if the person is 897
1331-lawfully arrested for any offense allegedly committed while the 898
1332-person was operating a vessel whi le under the influence of 899
1333-alcoholic beverages. The chemical or physical breath test must 900
1334-
1335-CS/CS/HB 323 2022
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1342-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
1343-
1344-
1345-
1346-be incidental to a lawful arrest and administered at the request 901
1347-of a law enforcement officer who has reasonable cause to believe 902
1348-such person was operating the vessel within this state while 903
1349-under the influence of alcoholic beverages. The administration 904
1350-of a breath test does not preclude the administration of another 905
1351-type of test. The person must shall be told that his or her 906
1352-failure to submit to any lawful test of his or her breath under 907
1353-this chapter will result in a civil penalty of $500, and shall 908
1354-also be told that if he or she refuses to submit to a lawful 909
1355-test of his or her breath and he or she has been previously 910
1356-fined under s. 327.35215 or his or her driving privi lege has 911
1357-been previously had his or her driver license suspended for 912
1358-refusal to submit to any lawful test of his or her breath, 913
1359-urine, or blood, he or she commits a misdemeanor of the first 914
1360-degree, punishable as provided in s. 775.082 or s. 775.083, in 915
1361-addition to any other penalties provided by law. The refusal to 916
1362-submit to a chemical or physical breath test upon the request of 917
1363-a law enforcement officer as provided in this section is 918
1364-admissible into evidence in any criminal proceeding. 919
1365- 2. A person who accepts the privilege extended by the laws 920
1366-of this state of operating a vessel within this state is, by 921
1367-operating such vessel, deemed to have given his or her consent 922
1368-to submit to a urine test for the purpose of detecting the 923
1369-presence of chemical substances as set forth in s. 877.111 or 924
1370-controlled substances if the person is lawfully arrested for any 925
1371-
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1379-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
1380-
1381-
1382-
1383-offense allegedly committed while the person was operating a 926
1384-vessel while under the influence of chemical substances or 927
1385-controlled substances. The urine test mus t be incidental to a 928
1386-lawful arrest and administered at a detention facility or any 929
1387-other facility, mobile or otherwise, which is equipped to 930
1388-administer such tests at the request of a law enforcement 931
1389-officer who has reasonable cause to believe such person w as 932
1390-operating a vessel within this state while under the influence 933
1391-of chemical substances or controlled substances. The urine test 934
1392-must shall be administered at a detention facility or any other 935
1393-facility, mobile or otherwise, which is equipped to administer 936
1394-such test in a reasonable manner that will ensure the accuracy 937
1395-of the specimen and maintain the privacy of the individual 938
1396-involved. The administration of a urine test does not preclude 939
1397-the administration of another type of test. The person must 940
1398-shall be told that his or her failure to submit to any lawful 941
1399-test of his or her urine under this chapter will result in a 942
1400-civil penalty of $500, and shall also be told that if he or she 943
1401-refuses to submit to a lawful test of his or her urine and he or 944
1402-she has been previously fined under s. 327.35215 or his or her 945
1403-driving privilege has been previously had his or her driver 946
1404-license suspended for refusal to submit to any lawful test of 947
1405-his or her breath, urine, or blood, he or she commits a 948
1406-misdemeanor of the first degree, punishable as provided in s. 949
1407-775.082 or s. 775.083, in addition to any other penalties 950
1408-
1409-CS/CS/HB 323 2022
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1411-
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1416-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
1417-
1418-
1419-
1420-provided by law. The refu sal to submit to a urine test upon the 951
1421-request of a law enforcement officer as provided in this section 952
1422-is admissible into evidence in any criminal proceeding. 953
1423- (c) A person who accepts the privilege extended by the 954
1424-laws of this state of operating a vesse l within this state is, 955
1425-by operating such vessel, deemed to have given his or her 956
1426-consent to submit to an approved blood test for the purpose of 957
1427-determining the alcoholic content of the blood or a blood test 958
1428-for the purpose of determining the presence of c hemical 959
1429-substances or controlled substances as provided in this section 960
1430-if there is reasonable cause to believe the person was operating 961
1431-a vessel while under the influence of alcoholic beverages or 962
1432-chemical or controlled substances and the person appears f or 963
1433-treatment at a hospital, clinic, or other medical facility and 964
1434-the administration of a breath or urine test is impractical or 965
1435-impossible. As used in this paragraph, the term "other medical 966
1436-facility" includes an ambulance or other medical emergency 967
1437-vehicle. The blood test shall be performed in a reasonable 968
1438-manner. A person who is incapable of refusal by reason of 969
1439-unconsciousness or other mental or physical condition is deemed 970
1440-not to have withdrawn his or her consent to such test. A person 971
1441-who is capable of refusal must shall be told that his or her 972
1442-failure to submit to such a blood test will result in a civil 973
1443-penalty of $500. The refusal to submit to a blood test upon the 974
1444-request of a law enforcement officer is shall be admissible in 975
1445-
1446-CS/CS/HB 323 2022
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1453-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
1454-
1455-
1456-
1457-evidence in any crimin al proceeding. 976
1458- Section 16. Subsection (4) of section 328.09, Florida 977
1459-Statutes, is amended to read: 978
1460- 328.09 Refusal to issue and authority to cancel a 979
1461-certificate of title or registration. — 980
1462- (4) The department may not issue a certificate of title to 981
1463-an applicant for a vessel that has been deemed derelict or a 982
1464-public nuisance by a law enforcement officer under s. 983
1465-327.73(1)(aa) s. 376.15 or s. 823.11. A law enforcement officer 984
1466-must inform the department in writing, which may be provided by 985
1467-facsimile, electronic mail, or other electronic means, of the 986
1468-vessel's derelict or public nuisance status and supply the 987
1469-department with the vessel title number or vessel identification 988
1470-number. The department may issue a certificate of title once a 989
1471-law enforcement offic er has verified in writing, which may be 990
1472-provided by facsimile, electronic mail, or other electronic 991
1473-means, that the vessel is no longer a derelict or a public 992
1474-nuisance vessel. 993
1475- Section 17. Section 25 of chapter 2021 -184, Laws of 994
1476-Florida, is repealed. 995
1477- Section 18. Paragraph (c) of subsection (15) of section 996
1478-328.72, Florida Statutes, is amended to read: 997
1479- 328.72 Classification; registration; fees and charges; 998
1480-surcharge; disposition of fees; fines; marine turtle stickers. — 999
1481- (15) DISTRIBUTION OF FEES. —Except as provided in this 1000
1482-
1483-CS/CS/HB 323 2022
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1490-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
1491-
1492-
1493-
1494-subsection, moneys designated for the use of the counties, as 1001
1495-specified in subsection (1), shall be distributed by the tax 1002
1496-collector to the board of county commissioners for use only as 1003
1497-provided in this section. Such moneys to be returned to the 1004
1498-counties are for the sole purposes of providing, maintaining, or 1005
1499-operating recreational channel marking and other uniform 1006
1500-waterway markers, public boat ramps, lifts, and hoists, marine 1007
1501-railways, boat piers, docks, mooring buoys, and other p ublic 1008
1502-launching facilities; and removing derelict vessels, debris that 1009
1503-specifically impedes boat access, not including the dredging of 1010
1504-channels, and vessels and floating structures deemed a hazard to 1011
1505-public safety and health for failure to comply with s. 3 27.53. 1012
1506-Counties shall demonstrate through an annual detailed accounting 1013
1507-report of vessel registration revenues that the registration 1014
1508-fees were spent as provided in this subsection. This report 1015
1509-shall be provided to the Fish and Wildlife Conservation 1016
1510-Commission no later than November 1 of each year. If, before 1017
1511-January 1 of each calendar year, the accounting report meeting 1018
1512-the prescribed criteria has still not been provided to the 1019
1513-commission, the tax collector of that county may not distribute 1020
1514-the moneys designated for the use of counties, as specified in 1021
1515-subsection (1), to the board of county commissioners but shall, 1022
1516-for the next calendar year, remit such moneys to the state for 1023
1517-deposit into the Marine Resources Conservation Trust Fund. The 1024
1518-commission shall return those moneys to the county if the county 1025
1519-
1520-CS/CS/HB 323 2022
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1527-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
1528-
1529-
1530-
1531-fully complies with this section within that calendar year. If 1026
1532-the county does not fully comply with this section within that 1027
1533-calendar year, the moneys shall remain within the Marine 1028
1534-Resources Trust Fund and ma y be appropriated for the purposes 1029
1535-specified in this subsection. 1030
1536- (c) From the vessel registration fees designated for use 1031
1537-by the counties in subsection (1), the following amounts shall 1032
1538-be remitted to the state for deposit into the Marine Resources 1033
1539-Conservation Trust Fund to fund derelict vessel removal grants, 1034
1540-as appropriated by the Legislature pursuant to s. 823.11(4)(c) 1035
1541-s. 376.15: 1036
1542- 1. Class A-2: $0.25 for each 12 -month period registered. 1037
1543- 2. Class 1: $2.06 for each 12 -month period registered. 1038
1544- 3. Class 2: $9.26 for each 12 -month period registered. 1039
1545- 4. Class 3: $16.45 for each 12 -month period registered. 1040
1546- 5. Class 4: $20.06 for each 12 -month period registered. 1041
1547- 6. Class 5: $25.46 for each 12 -month period registered. 1042
1548- Section 19. Paragraph (h) of subsection (6) of section 1043
1549-376.11, Florida Statutes, is amended to read: 1044
1550- 376.11 Florida Coastal Protection Trust Fund. — 1045
1551- (6) Moneys in the Florida Coastal Protection Trust Fund 1046
1552-may be used for the following purposes: 1047
1553- (h) The funding of a grant program to local governments, 1048
1554-pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e) , for the 1049
1555-removal of derelict and public nuisance vessels from the public 1050
1556-
1557-CS/CS/HB 323 2022
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1564-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
1565-
1566-
1567-
1568-waters of the state. 1051
1569- Section 20. For the purpose of incorporating the amendment 1052
1570-made by this act to secti on 379.101, Florida Statutes, in a 1053
1571-reference thereto, subsection (4) of section 125.01, Florida 1054
1572-Statutes, is reenacted to read: 1055
1573- 125.01 Powers and duties. — 1056
1574- (4) The legislative and governing body of a county shall 1057
1575-not have the power to regulate the taking or possession of 1058
1576-saltwater fish, as defined in s. 379.101, with respect to the 1059
1577-method of taking, size, number, season, or species. However, 1060
1578-this subsection does not prohibit a county from prohibiting, for 1061
1579-reasons of protecting the public health, saf ety, or welfare, 1062
1580-saltwater fishing from real property owned by that county, nor 1063
1581-does it prohibit the imposition of excise taxes by county 1064
1582-ordinance. 1065
1583- Section 21. For the purpose of incorporating the amendment 1066
1584-made by this act to section 379.101, Florida Statutes, in a 1067
1585-reference thereto, section 379.2412, Florida Statutes, is 1068
1586-reenacted to read: 1069
1587- 379.2412 State preemption of power to regulate. —The power 1070
1588-to regulate the taking or possession of saltwater fish, as 1071
1589-defined in s. 379.101, is expressly reserved to the state. This 1072
1590-section does not prohibit a local government from prohibiting, 1073
1591-for reasons of protecting the public health, safety, or welfare, 1074
1592-saltwater fishing from real property owned by that local 1075
1593-
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1601-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
1602-
1603-
1604-
1605-government. 1076
1606- Section 22. Except as otherwise exp ressly provided in this 1077
1607-act, this act shall take effect July 1, 2022. 1078
1235+government. 826
1236+ Section 20. Except as otherwise expressly provided in this 827
1237+act, this act shall take effect July 1, 2022. 828