Florida Senate - 2022 CS for SB 494 By the Committee on Environment and Natural Resources; and Senator Hutson 592-01302-22 2022494c1 1 A bill to be entitled 2 An act relating to the Fish and Wildlife Conservation 3 Commission; amending ss. 327.352 and 327.35215, F.S.; 4 revising the notices a person must be given for 5 failure to submit to certain tests for alcohol, 6 chemical substances, or controlled substances; making 7 technical changes; amending s. 327.371, F.S.; 8 authorizing certain athletic teams or sports 9 affiliated with specified educational institutions to 10 operate a human-powered vessel within the marked 11 channel of the Florida Intracoastal Waterway; amending 12 s. 327.4107, F.S.; revising the vessel conditions that 13 an officer of the Fish and Wildlife Conservation 14 Commission or a law enforcement agency may use to 15 determine that a vessel is at risk of becoming 16 derelict; amending s. 327.46, F.S.; prohibiting 17 municipalities and counties from designating public 18 bathing beach areas or swim areas within their 19 jurisdictions which are within the marked channel 20 portion of the Florida Intracoastal Waterway or within 21 a specified distance from any portion of the marked 22 channel; repealing s. 376.15, F.S., relating to 23 derelict vessels and the relocation and removal of 24 such vessels from the waters of this state; amending 25 s. 379.101, F.S.; revising the definitions of the 26 terms marine fish and saltwater fish; amending s. 27 705.101, F.S.; revising the definition of the term 28 abandoned property to include vessels declared to be 29 a public nuisance; amending s. 705.103, F.S.; 30 clarifying the notice requirements and procedures for 31 vessels declared to be public nuisances; amending s. 32 823.11, F.S.; making technical changes; authorizing 33 the commission to establish a program to provide 34 grants to local governments for certain actions 35 regarding derelict vessels and those declared to be a 36 public nuisance; specifying sources for the funds to 37 be used, subject to an appropriation; authorizing the 38 commission to use funds not awarded as grants for 39 certain purposes; requiring the commission to adopt 40 rules for the grant applications and the criteria for 41 allocating the funds; amending s. 934.50, F.S.; 42 providing that all employees of the commission or the 43 Florida Forest Service may operate drones for 44 specified purposes; amending ss. 327.04, 328.09, 45 328.72, and 376.11, F.S.; conforming provisions to 46 changes made by the act; repealing s. 25, chapter 47 2021-184, Laws of Florida, relating to derelict 48 vessels; reenacting s. 327.73(1)(dd), F.S., relating 49 to noncriminal boating infractions, to incorporate the 50 amendment made to s. 327.371, F.S., in a reference 51 thereto; reenacting ss. 125.01(4) and 379.2412, F.S., 52 relating to powers and duties of legislative and 53 governing bodies of counties and state preemption of 54 the regulating of taking or possessing saltwater fish, 55 respectively, to incorporate the amendment made to s. 56 379.101, F.S., in a reference thereto; providing 57 effective dates. 58 59 Be It Enacted by the Legislature of the State of Florida: 60 61 Section 1.Paragraphs (a) and (c) of subsection (1) of 62 section 327.352, Florida Statutes, are amended to read: 63 327.352Tests for alcohol, chemical substances, or 64 controlled substances; implied consent; refusal. 65 (1)(a)1.The Legislature declares that the operation of a 66 vessel is a privilege that must be exercised in a reasonable 67 manner. In order to protect the public health and safety, it is 68 essential that a lawful and effective means of reducing the 69 incidence of boating while impaired or intoxicated be 70 established. Therefore, a person who accepts the privilege 71 extended by the laws of this state of operating a vessel within 72 this state is, by operating such vessel, deemed to have given 73 his or her consent to submit to an approved chemical test or 74 physical test including, but not limited to, an infrared light 75 test of his or her breath for the purpose of determining the 76 alcoholic content of his or her blood or breath if the person is 77 lawfully arrested for any offense allegedly committed while the 78 person was operating a vessel while under the influence of 79 alcoholic beverages. The chemical or physical breath test must 80 be incidental to a lawful arrest and administered at the request 81 of a law enforcement officer who has reasonable cause to believe 82 such person was operating the vessel within this state while 83 under the influence of alcoholic beverages. The administration 84 of a breath test does not preclude the administration of another 85 type of test. The person shall be told that his or her failure 86 to submit to any lawful test of his or her breath under this 87 chapter will result in a civil penalty of $500, and shall also 88 be told that if he or she refuses to submit to a lawful test of 89 his or her breath and he or she has been previously fined under 90 s. 327.35215 or has previously had his or her driving privilege 91 has been previously driver license suspended for refusal to 92 submit to any lawful test of his or her breath, urine, or blood, 93 he or she commits a misdemeanor of the first degree, punishable 94 as provided in s. 775.082 or s. 775.083, in addition to any 95 other penalties provided by law. The refusal to submit to a 96 chemical or physical breath test upon the request of a law 97 enforcement officer as provided in this section is admissible 98 into evidence in any criminal proceeding. 99 2.A person who accepts the privilege extended by the laws 100 of this state of operating a vessel within this state is, by 101 operating such vessel, deemed to have given his or her consent 102 to submit to a urine test for the purpose of detecting the 103 presence of chemical substances as set forth in s. 877.111 or 104 controlled substances if the person is lawfully arrested for any 105 offense allegedly committed while the person was operating a 106 vessel while under the influence of chemical substances or 107 controlled substances. The urine test must be incidental to a 108 lawful arrest and administered at a detention facility or any 109 other facility, mobile or otherwise, which is equipped to 110 administer such tests at the request of a law enforcement 111 officer who has reasonable cause to believe such person was 112 operating a vessel within this state while under the influence 113 of chemical substances or controlled substances. The urine test 114 must shall be administered at a detention facility or any other 115 facility, mobile or otherwise, which is equipped to administer 116 such test in a reasonable manner that will ensure the accuracy 117 of the specimen and maintain the privacy of the individual 118 involved. The administration of a urine test does not preclude 119 the administration of another type of test. The person shall be 120 told that his or her failure to submit to any lawful test of his 121 or her urine under this chapter will result in a civil penalty 122 of $500, and shall also be told that if he or she refuses to 123 submit to a lawful test of his or her urine and he or she has 124 been previously fined under s. 327.35215 or has previously had 125 his or her driving privilege has been previously driver license 126 suspended for refusal to submit to any lawful test of his or her 127 breath, urine, or blood, he or she commits a misdemeanor of the 128 first degree, punishable as provided in s. 775.082 or s. 129 775.083, in addition to any other penalties provided by law. The 130 refusal to submit to a urine test upon the request of a law 131 enforcement officer as provided in this section is admissible 132 into evidence in any criminal proceeding. 133 (c)A person who accepts the privilege extended by the laws 134 of this state of operating a vessel within this state is, by 135 operating such vessel, deemed to have given his or her consent 136 to submit to an approved blood test for the purpose of 137 determining the alcoholic content of the blood or a blood test 138 for the purpose of determining the presence of chemical 139 substances or controlled substances as provided in this section 140 if there is reasonable cause to believe the person was operating 141 a vessel while under the influence of alcoholic beverages or 142 chemical or controlled substances and the person appears for 143 treatment at a hospital, clinic, or other medical facility and 144 the administration of a breath or urine test is impractical or 145 impossible. As used in this paragraph, the term other medical 146 facility includes an ambulance or other medical emergency 147 vehicle. The blood test must shall be performed in a reasonable 148 manner. A person who is incapable of refusal by reason of 149 unconsciousness or other mental or physical condition is deemed 150 not to have withdrawn his or her consent to such test. A person 151 who is capable of refusal shall be told that his or her failure 152 to submit to such a blood test will result in a civil penalty of 153 $500. The refusal to submit to a blood test upon the request of 154 a law enforcement officer is shall be admissible in evidence in 155 any criminal proceeding. 156 Section 2.Subsections (1) and (2) of section 327.35215, 157 Florida Statutes, are amended to read: 158 327.35215Penalty for failure to submit to test. 159 (1)A person who is lawfully arrested for an alleged 160 violation of s. 327.35 and who refuses to submit to a blood 161 test, breath test, or urine test pursuant to s. 327.352 is 162 subject to a civil penalty of $500. 163 (2)When a person refuses to submit to a blood test, breath 164 test, or urine test pursuant to s. 327.352, a law enforcement 165 officer who is authorized to make arrests for violations of this 166 chapter shall file with the clerk of the court, on a form 167 provided by the commission department, a certified statement 168 that probable cause existed to arrest the person for a violation 169 of s. 327.35 and that the person refused to submit to a test as 170 required by s. 327.352. Along with the statement, the officer 171 shall must also submit a sworn statement on a form provided by 172 the commission department that the person has been advised of 173 both the penalties for failure to submit to the blood, breath, 174 or urine test and the procedure for requesting a hearing. 175 Section 3.Present paragraph (c) of subsection (1) of 176 section 327.371, Florida Statutes, is redesignated as paragraph 177 (d), and a new paragraph (c) is added to that subsection, to 178 read: 179 327.371Human-powered vessels regulated. 180 (1)A person may operate a human-powered vessel within the 181 boundaries of the marked channel of the Florida Intracoastal 182 Waterway as defined in s. 327.02: 183 (c)When participating in interscholastic, intercollegiate, 184 intramural, or club athletic teams or sports affiliated with an 185 educational institution identified in s. 1000.21, s. 1002.01(2), 186 s. 1003.01(2), s. 1005.02(4), or s. 1005.03(1)(d). 187 Section 4.Paragraph (f) is added to subsection (2) of 188 section 327.4107, Florida Statutes, to read: 189 327.4107Vessels at risk of becoming derelict on waters of 190 this state. 191 (2)An officer of the commission or of a law enforcement 192 agency specified in s. 327.70 may determine that a vessel is at 193 risk of becoming derelict if any of the following conditions 194 exist: 195 (f)The vessel is tied to an unlawful or unpermitted 196 structure or mooring. 197 Section 5.Paragraph (b) of subsection (1) of section 198 327.46, Florida Statutes, is amended to read: 199 327.46Boating-restricted areas. 200 (1)Boating-restricted areas, including, but not limited 201 to, restrictions of vessel speeds and vessel traffic, may be 202 established on the waters of this state for any purpose 203 necessary to protect the safety of the public if such 204 restrictions are necessary based on boating accidents, 205 visibility, hazardous currents or water levels, vessel traffic 206 congestion, or other navigational hazards or to protect 207 seagrasses on privately owned submerged lands. 208 (b)Municipalities and counties may establish the following 209 boating-restricted areas by ordinance, including, 210 notwithstanding the prohibition in s. 327.60(2)(c), within the 211 portion of the Florida Intracoastal Waterway within their 212 jurisdiction: 213 1.An ordinance establishing an idle speed, no wake 214 boating-restricted area, if the area is: 215 a.Within 500 feet of any boat ramp, hoist, marine railway, 216 or other launching or landing facility available for use by the 217 general boating public on waterways more than 300 feet in width 218 or within 300 feet of any boat ramp, hoist, marine railway, or 219 other launching or landing facility available for use by the 220 general boating public on waterways not exceeding 300 feet in 221 width. 222 b.Within 500 feet of fuel pumps or dispensers at any 223 marine fueling facility that sells motor fuel to the general 224 boating public on waterways more than 300 feet in width or 225 within 300 feet of the fuel pumps or dispensers at any licensed 226 terminal facility that sells motor fuel to the general boating 227 public on waterways not exceeding 300 feet in width. 228 c.Inside or within 300 feet of any lock structure. 229 2.An ordinance establishing a slow speed, minimum wake 230 boating-restricted area if the area is: 231 a.Within 300 feet of any bridge fender system. 232 b.Within 300 feet of any bridge span presenting a vertical 233 clearance of less than 25 feet or a horizontal clearance of less 234 than 100 feet. 235 c.On a creek, stream, canal, or similar linear waterway if 236 the waterway is less than 75 feet in width from shoreline to 237 shoreline. 238 d.On a lake or pond of less than 10 acres in total surface 239 area. 240 e.Within the boundaries of a permitted public mooring 241 field and a buffer around the mooring field of up to 100 feet. 242 3.An ordinance establishing a vessel-exclusion zone if the 243 area is: 244 a.Designated as a public bathing beach or swim area, 245 except that public bathing beach or swim areas may not be 246 established in whole or in part within the marked channel of the 247 Florida Intracoastal Waterway or within 100 feet of any portion 248 of the marked channel. 249 b.Within 300 feet of a dam, spillway, or flood control 250 structure. 251 252 Vessel exclusion zones created pursuant to this subparagraph 253 must be marked with uniform waterway markers permitted by the 254 commission in accordance with this chapter. Such zones may not 255 be marked by ropes. 256 Section 6.Section 376.15, Florida Statutes, is repealed. 257 Section 7.Subsections (22) and (34) of section 379.101, 258 Florida Statutes, are amended to read: 259 379.101Definitions.In construing these statutes, where 260 the context does not clearly indicate otherwise, the word, 261 phrase, or term: 262 (22)Marine fish means any saltwater species of finfish 263 of the classes Agnatha, Chondrichthyes, and Osteichthyes, and 264 marine invertebrates of in the classes Gastropoda and, Bivalvia, 265 the subphylum and Crustacea, or the phylum Echinodermata; 266 however, the term but does not include nonliving shells or 267 echinoderms. 268 (34)Saltwater fish means: 269 (a)Any saltwater species of finfish of the classes 270 Agnatha, Chondrichthyes, or Osteichthyes and marine 271 invertebrates of the classes Gastropoda and, Bivalvia, the 272 subphylum or Crustacea, or of the phylum Echinodermata; however, 273 the term but does not include nonliving shells or echinoderms; 274 and 275 (b)All classes of pisces, shellfish, sponges, and 276 crustaceans crustacea native to salt water. 277 Section 8.Subsection (3) of section 705.101, Florida 278 Statutes, is amended to read: 279 705.101Definitions.As used in this chapter: 280 (3)Abandoned property means all tangible personal 281 property that does not have an identifiable owner and that has 282 been disposed on public property in a wrecked, inoperative, or 283 partially dismantled condition or has no apparent intrinsic 284 value to the rightful owner. The term includes derelict vessels 285 as defined in s. 823.11 and vessels declared a public nuisance 286 pursuant to s. 327.73(1)(aa). 287 Section 9.Paragraph (a) of subsection (2) and subsection 288 (4) of section 705.103, Florida Statutes, are amended to read: 289 705.103Procedure for abandoned or lost property. 290 (2)(a)1.Whenever a law enforcement officer ascertains 291 that: 292 a.An article of lost or abandoned property other than a 293 derelict vessel or a vessel declared a public nuisance pursuant 294 to s. 327.73(1)(aa) is present on public property and is of such 295 nature that it cannot be easily removed, the officer shall cause 296 a notice to be placed upon such article in substantially the 297 following form: 298 299 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 300 PROPERTY. This property, to wit: ...(setting forth brief 301 description)... is unlawfully upon public property known as 302 ...(setting forth brief description of location)... and must be 303 removed within 5 days; otherwise, it will be removed and 304 disposed of pursuant to chapter 705, Florida Statutes. The owner 305 will be liable for the costs of removal, storage, and 306 publication of notice. Dated this: ...(setting forth the date of 307 posting of notice)..., signed: ...(setting forth name, title, 308 address, and telephone number of law enforcement officer).... 309 310 b.A derelict vessel or a vessel declared a public nuisance 311 pursuant to s. 327.73(1)(aa) is present on the waters of this 312 state, the officer shall cause a notice to be placed upon such 313 vessel in substantially the following form: 314 315 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 316 VESSEL. This vessel, to wit: ...(setting forth brief 317 description)... has been determined to be ...(derelict or a 318 public nuisance)... and is unlawfully upon waters of this state 319 ...(setting forth brief description of location)... and must be 320 removed within 21 days; otherwise, it will be removed and 321 disposed of pursuant to chapter 705, Florida Statutes. The owner 322 and other interested parties have the right to a hearing to 323 challenge the determination that this vessel is derelict or 324 otherwise in violation of the law. Please contact ...(contact 325 information for person who can arrange for a hearing in 326 accordance with this section).... The owner or the party 327 determined to be legally responsible for the vessel being upon 328 the waters of this state in a derelict condition or as a public 329 nuisance will be liable for the costs of removal, destruction, 330 and disposal if this vessel is not removed by the owner. Dated 331 this: ...(setting forth the date of posting of notice)..., 332 signed: ...(setting forth name, title, address, and telephone 333 number of law enforcement officer).... 334 335 2.The notices required under subparagraph 1. may not be 336 less than 8 inches by 10 inches and must shall be sufficiently 337 weatherproof to withstand normal exposure to the elements. In 338 addition to posting, the law enforcement officer shall make a 339 reasonable effort to ascertain the name and address of the 340 owner. If such is reasonably available to the officer, she or he 341 shall mail a copy of such notice to the owner on or before the 342 date of posting. If the property is a motor vehicle as defined 343 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 344 enforcement agency shall contact the Department of Highway 345 Safety and Motor Vehicles in order to determine the name and 346 address of the owner and any person who has filed a lien on the 347 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 348 328.15(1). On receipt of this information, the law enforcement 349 agency shall mail a copy of the notice by certified mail, return 350 receipt requested, to the owner and to the lienholder, if any, 351 except that a law enforcement officer who has issued a citation 352 for a violation of s. 376.15 or s. 823.11 to the owner of a 353 derelict vessel is not required to mail a copy of the notice by 354 certified mail, return receipt requested, to the owner. For a 355 derelict vessel or a vessel declared a public nuisance pursuant 356 to s. 327.73(1)(aa), the mailed notice must inform the owner or 357 responsible party that he or she has a right to a hearing to 358 dispute the determination that the vessel is derelict or 359 otherwise in violation of the law. If a request for a hearing is 360 made, a state agency shall follow the processes set forth in s. 361 120.569. Local governmental entities shall follow the processes 362 set forth in s. 120.569, except that a local judge, magistrate, 363 or code enforcement officer may be designated to conduct such a 364 hearing. If, at the end of 5 days after posting the notice in 365 sub-subparagraph 1.a., or at the end of 21 days after posting 366 the notice in sub-subparagraph 1.b., and mailing such notice, if 367 required, the owner or any person interested in the lost or 368 abandoned article or articles described has not removed the 369 article or articles from public property or shown reasonable 370 cause for failure to do so, and, in the case of a derelict 371 vessel or a vessel declared a public nuisance pursuant to s. 372 327.73(1)(aa), has not requested a hearing in accordance with 373 this section, the following shall apply: 374 a.For abandoned property other than a derelict vessel or a 375 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 376 the law enforcement agency may retain any or all of the property 377 for its own use or for use by the state or unit of local 378 government, trade such property to another unit of local 379 government or state agency, donate the property to a charitable 380 organization, sell the property, or notify the appropriate 381 refuse removal service. 382 b.For a derelict vessel or a vessel declared a public 383 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 384 agency or its designee may: 385 (I)Remove the vessel from the waters of this state and 386 destroy and dispose of the vessel or authorize another 387 governmental entity or its designee to do so; or 388 (II)Authorize the vessels use as an artificial reef in 389 accordance with s. 379.249 if all necessary federal, state, and 390 local authorizations are received. 391 392 A law enforcement agency or its designee may also take action as 393 described in this sub-subparagraph if, following a hearing 394 pursuant to this section, the judge, magistrate, administrative 395 law judge, or hearing officer has determined the vessel to be 396 derelict as provided in s. 823.11 or otherwise in violation of 397 the law in accordance with s. 327.73(1)(aa) and a final order 398 has been entered or the case is otherwise closed. 399 (4)The owner of any abandoned or lost property, or in the 400 case of a derelict vessel or a vessel declared a public nuisance 401 pursuant to s. 327.73(1)(aa), the owner or other party 402 determined to be legally responsible for the vessel being upon 403 the waters of this state in a derelict condition or as a public 404 nuisance, who, after notice as provided in this section, does 405 not remove such property within the specified period is shall be 406 liable to the law enforcement agency, other governmental entity, 407 or the agencys or entitys designee for all costs of removal, 408 storage, and destruction, and disposal of such property, less 409 any salvage value obtained by disposal of the property. Upon 410 final disposition of the property, the law enforcement officer 411 or representative of the law enforcement agency or other 412 governmental entity shall notify the owner or in the case of a 413 derelict vessel or vessel declared a public nuisance pursuant to 414 s. 327.73(1)(aa), the owner or other party determined to be 415 legally responsible, if known, of the amount owed. In the case 416 of an abandoned vessel or motor vehicle, any person who neglects 417 or refuses to pay such amount is not entitled to be issued a 418 certificate of registration for such vessel or motor vehicle, or 419 any other vessel or motor vehicle, until such costs have been 420 paid. A person who has neglected or refused to pay all costs of 421 removal, storage, disposal, and destruction of a vessel or motor 422 vehicle as provided in this section, after having been provided 423 written notice via certified mail that such costs are owed, and 424 who applies for and is issued a registration for a vessel or 425 motor vehicle before such costs have been paid in full commits a 426 misdemeanor of the first degree, punishable as provided in s. 427 775.082 or s. 775.083. The law enforcement officer or 428 representative of the law enforcement agency or other 429 governmental entity shall supply the Department of Highway 430 Safety and Motor Vehicles with a list of persons whose vessel 431 registration privileges and motor vehicle privileges have been 432 revoked under this subsection. The department or a person acting 433 as an agent of the department may not issue a certificate of 434 registration to a person whose vessel and motor vehicle 435 registration privileges have been revoked, as provided by this 436 subsection, until such costs have been paid. 437 Section 10.Effective July 1, 2023, paragraph (a) of 438 subsection (2) of section 705.103, Florida Statutes, as amended 439 by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 440 read: 441 705.103Procedure for abandoned or lost property. 442 (2)(a)1.Whenever a law enforcement officer ascertains 443 that: 444 a.An article of lost or abandoned property other than a 445 derelict vessel or a vessel declared a public nuisance pursuant 446 to s. 327.73(1)(aa) is present on public property and is of such 447 nature that it cannot be easily removed, the officer shall cause 448 a notice to be placed upon such article in substantially the 449 following form: 450 451 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 452 PROPERTY. This property, to wit: ...(setting forth brief 453 description)... is unlawfully upon public property known as 454 ...(setting forth brief description of location)... and must be 455 removed within 5 days; otherwise, it will be removed and 456 disposed of pursuant to chapter 705, Florida Statutes. The owner 457 will be liable for the costs of removal, storage, and 458 publication of notice. Dated this: ...(setting forth the date of 459 posting of notice)..., signed: ...(setting forth name, title, 460 address, and telephone number of law enforcement officer).... 461 462 b.A derelict vessel or a vessel declared a public nuisance 463 pursuant to s. 327.73(1)(aa) is present on the waters of this 464 state, the officer shall cause a notice to be placed upon such 465 vessel in substantially the following form: 466 467 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 468 VESSEL. This vessel, to wit: ...(setting forth brief description 469 of location)... has been determined to be ...(derelict or a 470 public nuisance)... and is unlawfully upon the waters of this 471 state ...(setting forth brief description of location)... and 472 must be removed within 21 days; otherwise, it will be removed 473 and disposed of pursuant to chapter 705, Florida Statutes. The 474 owner and other interested parties have the right to a hearing 475 to challenge the determination that this vessel is derelict or 476 otherwise in violation of the law. Please contact ...(contact 477 information for person who can arrange for a hearing in 478 accordance with this section)... The owner or the party 479 determined to be legally responsible for the vessel being upon 480 the waters of this state in a derelict condition or as a public 481 nuisance will be liable for the costs of removal, destruction, 482 and disposal if this vessel is not removed by the owner. Dated 483 this: ...(setting forth the date of posting of notice)..., 484 signed: ...(setting forth name, title, address, and telephone 485 number of law enforcement officer).... 486 487 2.The notices required under subparagraph 1. may not be 488 less than 8 inches by 10 inches and must shall be sufficiently 489 weatherproof to withstand normal exposure to the elements. In 490 addition to posting, the law enforcement officer shall make a 491 reasonable effort to ascertain the name and address of the 492 owner. If such is reasonably available to the officer, she or he 493 shall mail a copy of such notice to the owner on or before the 494 date of posting. If the property is a motor vehicle as defined 495 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 496 enforcement agency shall contact the Department of Highway 497 Safety and Motor Vehicles in order to determine the name and 498 address of the owner and any person who has filed a lien on the 499 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 500 328.15. On receipt of this information, the law enforcement 501 agency shall mail a copy of the notice by certified mail, return 502 receipt requested, to the owner and to the lienholder, if any, 503 except that a law enforcement officer who has issued a citation 504 for a violation of s. 376.15 or s. 823.11 to the owner of a 505 derelict vessel is not required to mail a copy of the notice by 506 certified mail, return receipt requested, to the owner. For a 507 derelict vessel or a vessel declared a public nuisance pursuant 508 to s. 327.73(1)(aa), the mailed notice must inform the owner or 509 responsible party that he or she has a right to a hearing to 510 dispute the determination that the vessel is derelict or 511 otherwise in violation of the law. If a request for a hearing is 512 made, a state agency shall follow the processes as set forth in 513 s. 120.569. Local governmental entities shall follow the 514 processes set forth in s. 120.569, except that a local judge, 515 magistrate, or code enforcement officer may be designated to 516 conduct such a hearing. If, at the end of 5 days after posting 517 the notice in sub-subparagraph 1.a., or at the end of 21 days 518 after posting the notice in sub-subparagraph 1.b., and mailing 519 such notice, if required, the owner or any person interested in 520 the lost or abandoned article or articles described has not 521 removed the article or articles from public property or shown 522 reasonable cause for failure to do so, and, in the case of a 523 derelict vessel or a vessel declared a public nuisance pursuant 524 to s. 327.73(1)(aa), has not requested a hearing in accordance 525 with this section, the following shall apply: 526 a.For abandoned property other than a derelict vessel or a 527 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 528 the law enforcement agency may retain any or all of the property 529 for its own use or for use by the state or unit of local 530 government, trade such property to another unit of local 531 government or state agency, donate the property to a charitable 532 organization, sell the property, or notify the appropriate 533 refuse removal service. 534 b.For a derelict vessel or a vessel declared a public 535 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 536 agency or its designee may: 537 (I)Remove the vessel from the waters of this state and 538 destroy and dispose of the vessel or authorize another 539 governmental entity or its designee to do so; or 540 (II)Authorize the vessels use as an artificial reef in 541 accordance with s. 379.249 if all necessary federal, state, and 542 local authorizations are received. 543 544 A law enforcement agency or its designee may also take action as 545 described in this sub-subparagraph if, following a hearing 546 pursuant to this section, the judge, magistrate, administrative 547 law judge, or hearing officer has determined the vessel to be 548 derelict as provided in s. 823.11 or otherwise in violation of 549 the law in accordance with s. 327.73(1)(aa) and a final order 550 has been entered or the case is otherwise closed. 551 Section 11.Present subsections (4), (5), and (6) of 552 section 823.11, Florida Statutes, are redesignated as 553 subsections (5), (6), and (7), respectively, a new subsection 554 (4) is added to that section, and subsection (1), paragraph (c) 555 of subsection (2), subsection (3), and present subsections (5) 556 and (6) of that section are amended, to read: 557 823.11Derelict vessels; relocation or removal; penalty. 558 (1)As used in this section and s. 376.15, the term: 559 (a)Commission means the Fish and Wildlife Conservation 560 Commission. 561 (b)Derelict vessel means a vessel, as defined in s. 562 327.02, that is: 563 1.In a wrecked, junked, or substantially dismantled 564 condition upon any waters of this state. 565 a.A vessel is wrecked if it is sunken or sinking; aground 566 without the ability to extricate itself absent mechanical 567 assistance; or remaining after a marine casualty, including, but 568 not limited to, a boating accident, extreme weather, or a fire. 569 b.A vessel is junked if it has been substantially stripped 570 of vessel components, if vessel components have substantially 571 degraded or been destroyed, or if the vessel has been discarded 572 by the owner or operator. Attaching an outboard motor to a 573 vessel that is otherwise junked will not cause the vessel to no 574 longer be junked if such motor is not an effective means of 575 propulsion as required by s. 327.4107(2)(e) and associated 576 rules. 577 c.A vessel is substantially dismantled if at least two of 578 the three following vessel systems or components are missing, 579 compromised, incomplete, inoperable, or broken: 580 (I)The steering system; 581 (II)The propulsion system; or 582 (III)The exterior hull integrity. 583 584 Attaching an outboard motor to a vessel that is otherwise 585 substantially dismantled will not cause the vessel to no longer 586 be substantially dismantled if such motor is not an effective 587 means of propulsion as required by s. 327.4107(2)(e) and 588 associated rules. 589 2.At a port in this state without the consent of the 590 agency having jurisdiction thereof. 591 3.Docked, grounded, or beached upon the property of 592 another without the consent of the owner of the property. 593 (c)Gross negligence means conduct so reckless or wanting 594 in care that it constitutes a conscious disregard or 595 indifference to the safety of the property exposed to such 596 conduct. 597 (d)Willful misconduct means conduct evidencing 598 carelessness or negligence of such a degree or recurrence as to 599 manifest culpability, wrongful intent, or evil design or to show 600 an intentional and substantial disregard of the interests of the 601 vessel owner. 602 (2) 603 (c)The additional time provided in subparagraph (b)2. for 604 an owner or responsible party to remove a derelict vessel from 605 the waters of this state or to repair and remedy the vessels 606 derelict condition This subsection does not apply to a vessel 607 that was derelict upon the waters of this state before the 608 stated accident or event. 609 (3)The commission, an officer of the commission, or a law 610 enforcement agency or officer specified in s. 327.70 may 611 relocate, remove, and store, destroy, or dispose of or cause to 612 be relocated, removed, and stored, destroyed, or disposed of a 613 derelict vessel from waters of this state as defined in s. 614 327.02 if the derelict vessel obstructs or threatens to obstruct 615 navigation or in any way constitutes a danger to the 616 environment, property, or persons. The commission, an officer of 617 the commission, or any other law enforcement agency or officer 618 acting pursuant to this subsection to relocate, remove, and 619 store, destroy, dispose of or cause to be relocated, removed, 620 and stored, destroyed, or disposed of a derelict vessel from 621 waters of this state shall be held harmless for all damages to 622 the derelict vessel resulting from such action unless the damage 623 results from gross negligence or willful misconduct. 624 (a)Removal of derelict vessels under this subsection may 625 be funded by grants provided in ss. 206.606 and 376.15. The 626 commission shall implement a plan for the procurement of any 627 available federal disaster funds and use such funds for the 628 removal of derelict vessels. 629 (b)All costs, including costs owed to a third party, 630 incurred by the commission, another law enforcement agency, or a 631 governmental subdivision, when the governmental subdivision has 632 received authorization from a law enforcement officer or agency, 633 in the relocation, removal, storage, destruction, or disposal of 634 a derelict vessel are recoverable against the vessel owner or 635 the party determined to be legally responsible for the vessel 636 being upon the waters of this state in a derelict condition. The 637 Department of Legal Affairs shall represent the commission in 638 actions to recover such costs. As provided in s. 705.103(4), a 639 person who neglects or refuses to pay such costs may not be 640 issued a certificate of registration for such vessel or for any 641 other vessel or motor vehicle until such costs have been paid. A 642 person who has neglected or refused to pay all costs of removal, 643 storage, destruction, or disposal of a derelict vessel as 644 provided in this section, after having been provided written 645 notice via certified mail that such costs are owed, and who 646 applies for and is issued a registration for a vessel or motor 647 vehicle before such costs have been paid in full commits a 648 misdemeanor of the first degree, punishable as provided in s. 649 775.082 or s. 775.083. 650 (b)(c)A contractor performing such activities at the 651 direction of the commission, an officer of the commission, a law 652 enforcement agency or officer, or a governmental subdivision, 653 when the governmental subdivision has received authorization for 654 the relocation or removal from a law enforcement officer or 655 agency, pursuant to this section must be licensed in accordance 656 with applicable United States Coast Guard regulations where 657 required; obtain and carry in full force and effect a policy 658 from a licensed insurance carrier in this state to insure 659 against any accident, loss, injury, property damage, or other 660 casualty caused by or resulting from the contractors actions; 661 and be properly equipped to perform the services to be provided. 662 (4)(a)Removal of derelict vessels under this subsection 663 may be funded by grants provided in s. 206.606. 664 (b)The commission may implement a plan for the procurement 665 of any available federal disaster funds and use such funds for 666 the removal of derelict vessels. 667 (c)The commission may establish a program to provide 668 grants to local governments for the removal, storage, 669 destruction, and disposal of derelict vessels from the waters of 670 this state. This grant funding may also be used for the removal, 671 storage, destruction, and disposal of vessels declared a public 672 nuisance pursuant to s. 327.73(1)(aa). The program must be 673 funded from the Marine Resources Conservation Trust Fund or the 674 Florida Coastal Protection Trust Fund. Notwithstanding s. 675 216.181(11), funds available for these grants may only be 676 authorized by appropriations acts of the Legislature. In a given 677 fiscal year, if all funds appropriated pursuant to this 678 paragraph are not requested by and granted to local governments 679 for the removal, storage, destruction, and disposal of derelict 680 vessels or vessels declared a public nuisance pursuant to s. 681 327.73(1)(aa) by the end of the third quarter, the Fish and 682 Wildlife Conservation Commission may use the remainder of the 683 funds to remove, store, destroy, and dispose of, or to pay 684 private contractors to remove, store, destroy, and dispose of, 685 derelict vessels or vessels declared a public nuisance pursuant 686 to s. 327.73(1)(aa). The commission shall adopt by rule 687 procedures for local governments to submit a grant application 688 and criteria for allocating available funds. Such criteria must 689 include, at a minimum, the following: 690 1.The number of derelict vessels within the jurisdiction 691 of the applicant. 692 2.The threat posed by such vessels to public health or 693 safety, the environment, navigation, or the aesthetic condition 694 of the general vicinity. 695 3.The degree of commitment of the local government to 696 maintain waters free of abandoned and derelict vessels and to 697 seek legal action against those who abandon vessels in the 698 waters of this state as defined in s. 327.02. 699 (6)(5)A person, firm, or corporation violating this 700 section commits a misdemeanor of the first degree and shall be 701 punished as provided by law. A conviction under this section 702 does not bar the assessment and collection of a the civil 703 penalty provided in s. 376.16 for violation of s. 376.15. The 704 court having jurisdiction over the criminal offense, 705 notwithstanding any jurisdictional limitations on the amount in 706 controversy, may order the imposition of such civil penalty in 707 addition to any sentence imposed for the first criminal offense. 708 (7)(6)If an owner or a responsible party of a vessel 709 determined to be derelict through an administrative or criminal 710 proceeding has been charged by an officer of the commission or 711 any law enforcement agency or officer as specified in s. 327.70 712 under subsection (5) for a violation of subsection (2) or a 713 violation of s. 376.15(2), a person may not reside or dwell on 714 such vessel until the vessel is removed from the waters of the 715 state permanently or returned to the waters of the state in a 716 condition that is no longer derelict. 717 Section 12.Paragraph (p) of subsection (4) of section 718 934.50, Florida Statutes, is amended to read: 719 934.50Searches and seizure using a drone. 720 (4)EXCEPTIONS.This section does not prohibit the use of a 721 drone: 722 (p)By an a non-law enforcement employee of the Fish and 723 Wildlife Conservation Commission or of the Florida Forest 724 Service for the purposes of managing and eradicating invasive 725 exotic plants or animals on public lands and suppressing and 726 mitigating wildfire threats. 727 Section 13.Section 327.04, Florida Statutes, is amended to 728 read: 729 327.04Rules.The commission may adopt rules pursuant to 730 ss. 120.536(1) and 120.54 to implement this chapter, the 731 provisions of chapter 705 relating to vessels, and s. ss. 376.15 732 and 823.11 conferring powers or duties upon it. 733 Section 14.Subsection (4) of section 328.09, Florida 734 Statutes, is amended to read: 735 328.09Refusal to issue and authority to cancel a 736 certificate of title or registration. 737 (4)The department may not issue a certificate of title to 738 an applicant for a vessel that has been deemed derelict or a 739 public nuisance by a law enforcement officer under s. 740 327.73(1)(aa) or s. 376.15 or s. 823.11. A law enforcement 741 officer must inform the department in writing, which may be 742 provided by facsimile, e-mail electronic mail, or other 743 electronic means, of the vessels derelict or public nuisance 744 status and supply the department with the vessel title number or 745 vessel identification number. The department may issue a 746 certificate of title once a law enforcement officer has verified 747 in writing, which may be provided by facsimile, e-mail 748 electronic mail, or other electronic means, that the vessel is 749 no longer a derelict or public nuisance vessel. 750 Section 15.Section 25 of chapter 2021-184, Laws of 751 Florida, is repealed. 752 Section 16.Paragraph (c) of subsection (15) of section 753 328.72, Florida Statutes, is amended to read: 754 328.72Classification; registration; fees and charges; 755 surcharge; disposition of fees; fines; marine turtle stickers. 756 (15)DISTRIBUTION OF FEES.Except as provided in this 757 subsection, moneys designated for the use of the counties, as 758 specified in subsection (1), shall be distributed by the tax 759 collector to the board of county commissioners for use only as 760 provided in this section. Such moneys to be returned to the 761 counties are for the sole purposes of providing, maintaining, or 762 operating recreational channel marking and other uniform 763 waterway markers, public boat ramps, lifts, and hoists, marine 764 railways, boat piers, docks, mooring buoys, and other public 765 launching facilities; and removing derelict vessels, debris that 766 specifically impedes boat access, not including the dredging of 767 channels, and vessels and floating structures deemed a hazard to 768 public safety and health for failure to comply with s. 327.53. 769 Counties shall demonstrate through an annual detailed accounting 770 report of vessel registration revenues that the registration 771 fees were spent as provided in this subsection. This report 772 shall be provided to the Fish and Wildlife Conservation 773 Commission no later than November 1 of each year. If, before 774 January 1 of each calendar year, the accounting report meeting 775 the prescribed criteria has still not been provided to the 776 commission, the tax collector of that county may not distribute 777 the moneys designated for the use of counties, as specified in 778 subsection (1), to the board of county commissioners but shall, 779 for the next calendar year, remit such moneys to the state for 780 deposit into the Marine Resources Conservation Trust Fund. The 781 commission shall return those moneys to the county if the county 782 fully complies with this section within that calendar year. If 783 the county does not fully comply with this section within that 784 calendar year, the moneys shall remain within the Marine 785 Resources Trust Fund and may be appropriated for the purposes 786 specified in this subsection. 787 (c)From the vessel registration fees designated for use by 788 the counties in subsection (1), the following amounts shall be 789 remitted to the state for deposit into the Marine Resources 790 Conservation Trust Fund to fund derelict vessel removal grants, 791 as appropriated by the Legislature pursuant to s. 823.11(4)(c) 792 s. 376.15: 793 1.Class A-2: $0.25 for each 12-month period registered. 794 2.Class 1: $2.06 for each 12-month period registered. 795 3.Class 2: $9.26 for each 12-month period registered. 796 4.Class 3: $16.45 for each 12-month period registered. 797 5.Class 4: $20.06 for each 12-month period registered. 798 6.Class 5: $25.46 for each 12-month period registered. 799 Section 17.Paragraph (h) of subsection (6) of section 800 376.11, Florida Statutes, is amended to read: 801 376.11Florida Coastal Protection Trust Fund. 802 (6)Moneys in the Florida Coastal Protection Trust Fund may 803 be used for the following purposes: 804 (h)The funding of a grant program to local governments, 805 pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the 806 removal of derelict and public nuisance vessels from the public 807 waters of the state. 808 Section 18.For the purpose of incorporating the amendment 809 made by this act to section 327.371, Florida Statutes, in a 810 reference thereto, paragraph (dd) of subsection (1) of section 811 327.73, Florida Statutes, is reenacted to read: 812 327.73Noncriminal infractions. 813 (1)Violations of the following provisions of the vessel 814 laws of this state are noncriminal infractions: 815 (dd)Section 327.371, relating to the regulation of human 816 powered vessels. 817 818 Any person cited for a violation of any provision of this 819 subsection shall be deemed to be charged with a noncriminal 820 infraction, shall be cited for such an infraction, and shall be 821 cited to appear before the county court. The civil penalty for 822 any such infraction is $50, except as otherwise provided in this 823 section. Any person who fails to appear or otherwise properly 824 respond to a uniform boating citation shall, in addition to the 825 charge relating to the violation of the boating laws of this 826 state, be charged with the offense of failing to respond to such 827 citation and, upon conviction, be guilty of a misdemeanor of the 828 second degree, punishable as provided in s. 775.082 or s. 829 775.083. A written warning to this effect shall be provided at 830 the time such uniform boating citation is issued. 831 Section 19.For the purpose of incorporating the amendment 832 made by this act to section 379.101, Florida Statutes, in a 833 reference thereto, subsection (4) of section 125.01, Florida 834 Statutes, is reenacted to read: 835 125.01Powers and duties. 836 (4)The legislative and governing body of a county shall 837 not have the power to regulate the taking or possession of 838 saltwater fish, as defined in s. 379.101, with respect to the 839 method of taking, size, number, season, or species. However, 840 this subsection does not prohibit a county from prohibiting, for 841 reasons of protecting the public health, safety, or welfare, 842 saltwater fishing from real property owned by that county, nor 843 does it prohibit the imposition of excise taxes by county 844 ordinance. 845 Section 20.For the purpose of incorporating the amendment 846 made by this act to section 379.101, Florida Statutes, in a 847 reference thereto, section 379.2412, Florida Statutes, is 848 reenacted to read: 849 379.2412State preemption of power to regulate.The power 850 to regulate the taking or possession of saltwater fish, as 851 defined in s. 379.101, is expressly reserved to the state. This 852 section does not prohibit a local government from prohibiting, 853 for reasons of protecting the public health, safety, or welfare, 854 saltwater fishing from real property owned by that local 855 government. 856 Section 21.Except as otherwise expressly provided in this 857 act, this act shall take effect July 1, 2022.