Florida Senate - 2022 CS for CS for SB 494 By the Committees on Appropriations; and Environment and Natural Resources; and Senator Hutson 576-02401-22 2022494c2 1 A bill to be entitled 2 An act relating to the Fish and Wildlife Conservation 3 Commission; amending s. 259.105, F.S.; requiring land 4 management agencies to consider, in consultation with 5 the commission, as part of certain state land 6 management plans, the feasibility of using portions of 7 such lands as gopher tortoise recipient sites; 8 requiring the agencies to consult with the commission 9 on required feasibility assessments and the 10 implementation of management strategies; amending ss. 11 327.352 and 327.35215, F.S.; revising the notices a 12 person must be given for failure to submit to certain 13 tests for alcohol, chemical substances, or controlled 14 substances; making technical changes; amending s. 15 327.371, F.S.; authorizing individuals, when 16 participating in certain athletic team practices or 17 competitions, to operate a human-powered vessel within 18 the marked channel of the Florida Intracoastal 19 Waterway under certain circumstances; amending s. 20 327.4107, F.S.; revising the vessel conditions that an 21 officer of the Fish and Wildlife Conservation 22 Commission or a law enforcement agency may use to 23 determine that a vessel is at risk of becoming 24 derelict; amending s. 327.46, F.S.; prohibiting 25 municipalities and counties from designating public 26 bathing beach areas or swim areas within their 27 jurisdictions which are within the marked channel 28 portion of the Florida Intracoastal Waterway or within 29 a specified distance from any portion of the marked 30 channel; repealing s. 376.15, F.S., relating to 31 derelict vessels and the relocation and removal of 32 such vessels from the waters of this state; amending 33 s. 379.101, F.S.; revising the definitions of the 34 terms marine fish and saltwater fish; amending s. 35 705.101, F.S.; revising the definition of the term 36 abandoned property to include vessels declared to be 37 a public nuisance; amending s. 705.103, F.S.; 38 clarifying the notice requirements and procedures for 39 vessels declared to be public nuisances; conforming a 40 provision to changes made by the act; amending s. 41 823.11, F.S.; making technical changes; authorizing 42 the commission to establish a program to provide 43 grants to local governments for certain actions 44 regarding derelict vessels and those declared to be a 45 public nuisance; specifying sources for the funds to 46 be used, subject to an appropriation; authorizing the 47 commission to use funds not awarded as grants for 48 certain purposes; requiring the commission to adopt 49 rules for the grant applications and the criteria for 50 allocating the funds; conforming provisions to changes 51 made by the act; amending s. 934.50, F.S.; providing 52 that all employees of the commission or the Florida 53 Forest Service may operate drones for specified 54 purposes; amending ss. 327.04, 328.09, 328.72, and 55 376.11, F.S.; conforming provisions to changes made by 56 the act; repealing s. 25, chapter 2021-184, Laws of 57 Florida, relating to derelict vessels; reenacting s. 58 327.73(1)(dd), F.S., relating to noncriminal boating 59 infractions, to incorporate the amendment made to s. 60 327.371, F.S., in a reference thereto; reenacting ss. 61 125.01(4) and 379.2412, F.S., relating to powers and 62 duties of legislative and governing bodies of counties 63 and state preemption of the regulating of taking or 64 possessing saltwater fish, respectively, to 65 incorporate the amendment made to s. 379.101, F.S., in 66 references thereto; providing effective dates. 67 68 Be It Enacted by the Legislature of the State of Florida: 69 70 Section 1.Paragraphs (a) and (b) of subsection (2) of 71 section 259.105, Florida Statutes, are amended to read: 72 259.105The Florida Forever Act. 73 (2)(a)The Legislature finds and declares that: 74 1.Land acquisition programs have provided tremendous 75 financial resources for purchasing environmentally significant 76 lands to protect those lands from imminent development or 77 alteration, thereby ensuring present and future generations 78 access to important waterways, open spaces, and recreation and 79 conservation lands. 80 2.The continued alteration and development of the states 81 natural and rural areas to accommodate the states growing 82 population have contributed to the degradation of water 83 resources, the fragmentation and destruction of wildlife 84 habitats, the loss of outdoor recreation space, and the 85 diminishment of wetlands, forests, working landscapes, and 86 coastal open space. 87 3.The potential development of the states remaining 88 natural areas and escalation of land values require government 89 efforts to restore, bring under public protection, or acquire 90 lands and water areas to preserve the states essential 91 ecological functions and invaluable quality of life. 92 4.It is essential to protect the states ecosystems by 93 promoting a more efficient use of land, to ensure opportunities 94 for viable agricultural activities on working lands, and to 95 promote vital rural and urban communities that support and 96 produce development patterns consistent with natural resource 97 protection. 98 5.The states groundwater, surface waters, and springs are 99 under tremendous pressure due to population growth and economic 100 expansion and require special protection and restoration 101 efforts, including the protection of uplands and springsheds 102 that provide vital recharge to aquifer systems and are critical 103 to the protection of water quality and water quantity of the 104 aquifers and springs. To ensure that sufficient quantities of 105 water are available to meet the current and future needs of the 106 natural systems and citizens of the state, and assist in 107 achieving the planning goals of the department and the water 108 management districts, water resource development projects on 109 public lands, if compatible with the resource values of and 110 management objectives for the lands, are appropriate. 111 6.The needs of urban, suburban, and small communities in 112 the state for high-quality outdoor recreational opportunities, 113 greenways, trails, and open space have not been fully met by 114 previous acquisition programs. Through such programs as the 115 Florida Communities Trust and the Florida Recreation Development 116 Assistance Program, the state shall place additional emphasis on 117 acquiring, protecting, preserving, and restoring open space, 118 ecological greenways, and recreation properties within urban, 119 suburban, and rural areas where pristine natural communities or 120 water bodies no longer exist because of the proximity of 121 developed property. 122 7.Many of the states unique ecosystems, such as the 123 Florida Everglades, are facing ecological collapse due to the 124 states burgeoning population growth and other economic 125 activities. To preserve these valuable ecosystems for future 126 generations, essential parcels of land must be acquired to 127 facilitate ecosystem restoration. 128 8.Access to public lands to support a broad range of 129 outdoor recreational opportunities and the development of 130 necessary infrastructure, if compatible with the resource values 131 of and management objectives for such lands, promotes an 132 appreciation for the states natural assets and improves the 133 quality of life. 134 9.Acquisition of lands, in fee simple, less than fee 135 interest, or other techniques must shall be based on a 136 comprehensive science-based assessment of the states natural 137 resources which targets essential conservation lands by 138 prioritizing all current and future acquisitions based on a 139 uniform set of data and planned so as to protect the integrity 140 and function of ecological systems and working landscapes, and 141 provide multiple benefits, including preservation of fish and 142 wildlife habitat, recreation space for urban and rural areas, 143 and the restoration of natural water storage, flow, and 144 recharge. 145 10.The state has embraced performance-based program 146 budgeting as a tool to evaluate the achievements of publicly 147 funded agencies, build in accountability, and reward those 148 agencies which are able to consistently achieve quantifiable 149 goals. While previous and existing state environmental programs 150 have achieved varying degrees of success, few of these programs 151 can be evaluated as to the extent of their achievements, 152 primarily because performance measures, standards, outcomes, and 153 goals were not established at the outset. Therefore, the Florida 154 Forever program must shall be developed and implemented in the 155 context of measurable state goals and objectives. 156 11.The state must play a major role in the recovery and 157 management of its imperiled species through the acquisition, 158 restoration, enhancement, and management of ecosystems that can 159 support the major life functions of such species. It is the 160 intent of the Legislature to support local, state, and federal 161 programs that result in net benefit to imperiled species habitat 162 by providing public and private land owners meaningful 163 incentives for acquiring, restoring, managing, and repopulating 164 habitats for imperiled species. It is the further intent of the 165 Legislature that public lands, both existing and to be acquired, 166 identified by the lead land managing agency, in consultation 167 with the Fish and Wildlife Conservation Commission for animals 168 or the Department of Agriculture and Consumer Services for 169 plants, as habitat or potentially restorable habitat for 170 imperiled species, be restored, enhanced, managed, and 171 repopulated as habitat for such species to advance the goals and 172 objectives of imperiled species management for conservation, 173 recreation, or both, consistent with the land management plan 174 without restricting other uses identified in the management 175 plan. It is also the intent of the Legislature that of the 176 proceeds distributed pursuant to subsection (3), additional 177 consideration be given to acquisitions that achieve a 178 combination of conservation goals, including the restoration, 179 enhancement, management, or repopulation of habitat for 180 imperiled species. The council, in addition to the criteria in 181 subsection (9), shall give weight to projects that include 182 acquisition, restoration, management, or repopulation of habitat 183 for imperiled species. The term imperiled species as used in 184 this chapter and chapter 253, means plants and animals that are 185 federally listed under the Endangered Species Act, or state 186 listed by the Fish and Wildlife Conservation Commission or the 187 Department of Agriculture and Consumer Services. As part of the 188 states role, all state lands that have imperiled species 189 habitat must shall include as a consideration in management plan 190 development the restoration, enhancement, management, and 191 repopulation of such habitats. Each lead land managing agency, 192 in consultation with the Fish and Wildlife Conservation 193 Commission, shall consider in the management plan for all state 194 lands under its management which are greater in size than 40 195 contiguous acres the feasibility of using a portion of the 196 property as a gopher tortoise recipient site. If, during 197 consultation with the Fish and Wildlife Conservation Commission, 198 the lead land managing agency determines that the recipient site 199 management is not in conflict with the primary management 200 objects of the parcel, the management plan must contain a 201 component or section prepared by a qualified wildlife biologist 202 which assesses the feasibility of managing the site as a 203 recipient site for gopher tortoises, consistent with the rules 204 of the Fish and Wildlife Conservation Commission. Each land 205 management agency shall consult with the Fish and Wildlife 206 Conservation Commission on feasibility assessments and 207 implementation of gopher tortoise management. In addition, the 208 lead land managing agency of such state lands may use fees 209 received from public or private entities for projects to offset 210 adverse impacts to imperiled species or their habitat in order 211 to restore, enhance, manage, repopulate, or acquire land and to 212 implement land management plans developed under s. 253.034 or a 213 land management prospectus developed and implemented under this 214 chapter. Such fees shall be deposited into a foundation or fund 215 created by each land management agency under s. 379.223, s. 216 589.012, or s. 259.032(9)(c), to be used solely to restore, 217 manage, enhance, repopulate, or acquire imperiled species 218 habitat. 219 12.There is a need to change the focus and direction of 220 the states major land acquisition programs and to extend 221 funding and bonding capabilities, so that future generations may 222 enjoy the natural resources of this state. 223 (b)The Legislature recognizes that acquisition of lands in 224 fee simple is only one way to achieve the aforementioned goals 225 and encourages the use of less-than-fee interests, other 226 techniques, and the development of creative partnerships between 227 governmental agencies and private landowners. Such partnerships 228 may include those that advance the restoration, enhancement, 229 management, or repopulation of imperiled species habitat on 230 state lands as provided for in subparagraph (a)11. Easements 231 acquired pursuant to s. 570.71(2)(a) and (b), land protection 232 agreements, and nonstate funded tools such as rural land 233 stewardship areas, sector planning, gopher tortoise recipient 234 sites, and mitigation should be used, where appropriate, to 235 bring environmentally sensitive tracts under an acceptable level 236 of protection at a lower financial cost to the public, and to 237 provide private landowners with the opportunity to enjoy and 238 benefit from their property. 239 Section 2.Paragraphs (a) and (c) of subsection (1) of 240 section 327.352, Florida Statutes, are amended to read: 241 327.352Tests for alcohol, chemical substances, or 242 controlled substances; implied consent; refusal. 243 (1)(a)1.The Legislature declares that the operation of a 244 vessel is a privilege that must be exercised in a reasonable 245 manner. In order to protect the public health and safety, it is 246 essential that a lawful and effective means of reducing the 247 incidence of boating while impaired or intoxicated be 248 established. Therefore, a person who accepts the privilege 249 extended by the laws of this state of operating a vessel within 250 this state is, by operating such vessel, deemed to have given 251 his or her consent to submit to an approved chemical test or 252 physical test including, but not limited to, an infrared light 253 test of his or her breath for the purpose of determining the 254 alcoholic content of his or her blood or breath if the person is 255 lawfully arrested for any offense allegedly committed while the 256 person was operating a vessel while under the influence of 257 alcoholic beverages. The chemical or physical breath test must 258 be incidental to a lawful arrest and administered at the request 259 of a law enforcement officer who has reasonable cause to believe 260 such person was operating the vessel within this state while 261 under the influence of alcoholic beverages. The administration 262 of a breath test does not preclude the administration of another 263 type of test. The person shall be told that his or her failure 264 to submit to any lawful test of his or her breath under this 265 chapter will result in a civil penalty of $500, and shall also 266 be told that if he or she refuses to submit to a lawful test of 267 his or her breath and he or she has been previously fined under 268 s. 327.35215 or has previously had his or her driving privilege 269 has been previously driver license suspended for refusal to 270 submit to any lawful test of his or her breath, urine, or blood, 271 he or she commits a misdemeanor of the first degree, punishable 272 as provided in s. 775.082 or s. 775.083, in addition to any 273 other penalties provided by law. The refusal to submit to a 274 chemical or physical breath test upon the request of a law 275 enforcement officer as provided in this section is admissible 276 into evidence in any criminal proceeding. 277 2.A person who accepts the privilege extended by the laws 278 of this state of operating a vessel within this state is, by 279 operating such vessel, deemed to have given his or her consent 280 to submit to a urine test for the purpose of detecting the 281 presence of chemical substances as set forth in s. 877.111 or 282 controlled substances if the person is lawfully arrested for any 283 offense allegedly committed while the person was operating a 284 vessel while under the influence of chemical substances or 285 controlled substances. The urine test must be incidental to a 286 lawful arrest and administered at a detention facility or any 287 other facility, mobile or otherwise, which is equipped to 288 administer such tests at the request of a law enforcement 289 officer who has reasonable cause to believe such person was 290 operating a vessel within this state while under the influence 291 of chemical substances or controlled substances. The urine test 292 must shall be administered at a detention facility or any other 293 facility, mobile or otherwise, which is equipped to administer 294 such test in a reasonable manner that will ensure the accuracy 295 of the specimen and maintain the privacy of the individual 296 involved. The administration of a urine test does not preclude 297 the administration of another type of test. The person shall be 298 told that his or her failure to submit to any lawful test of his 299 or her urine under this chapter will result in a civil penalty 300 of $500, and shall also be told that if he or she refuses to 301 submit to a lawful test of his or her urine and he or she has 302 been previously fined under s. 327.35215 or has previously had 303 his or her driving privilege has been previously driver license 304 suspended for refusal to submit to any lawful test of his or her 305 breath, urine, or blood, he or she commits a misdemeanor of the 306 first degree, punishable as provided in s. 775.082 or s. 307 775.083, in addition to any other penalties provided by law. The 308 refusal to submit to a urine test upon the request of a law 309 enforcement officer as provided in this section is admissible 310 into evidence in any criminal proceeding. 311 (c)A person who accepts the privilege extended by the laws 312 of this state of operating a vessel within this state is, by 313 operating such vessel, deemed to have given his or her consent 314 to submit to an approved blood test for the purpose of 315 determining the alcoholic content of the blood or a blood test 316 for the purpose of determining the presence of chemical 317 substances or controlled substances as provided in this section 318 if there is reasonable cause to believe the person was operating 319 a vessel while under the influence of alcoholic beverages or 320 chemical or controlled substances and the person appears for 321 treatment at a hospital, clinic, or other medical facility and 322 the administration of a breath or urine test is impractical or 323 impossible. As used in this paragraph, the term other medical 324 facility includes an ambulance or other medical emergency 325 vehicle. The blood test must shall be performed in a reasonable 326 manner. A person who is incapable of refusal by reason of 327 unconsciousness or other mental or physical condition is deemed 328 not to have withdrawn his or her consent to such test. A person 329 who is capable of refusal shall be told that his or her failure 330 to submit to such a blood test will result in a civil penalty of 331 $500. The refusal to submit to a blood test upon the request of 332 a law enforcement officer is shall be admissible in evidence in 333 any criminal proceeding. 334 Section 3.Subsections (1) and (2) of section 327.35215, 335 Florida Statutes, are amended to read: 336 327.35215Penalty for failure to submit to test. 337 (1)A person who is lawfully arrested for an alleged 338 violation of s. 327.35 and who refuses to submit to a blood 339 test, breath test, or urine test pursuant to s. 327.352 is 340 subject to a civil penalty of $500. 341 (2)When a person refuses to submit to a blood test, breath 342 test, or urine test pursuant to s. 327.352, a law enforcement 343 officer who is authorized to make arrests for violations of this 344 chapter shall file with the clerk of the court, on a form 345 provided by the commission department, a certified statement 346 that probable cause existed to arrest the person for a violation 347 of s. 327.35 and that the person refused to submit to a test as 348 required by s. 327.352. Along with the statement, the officer 349 shall must also submit a sworn statement on a form provided by 350 the commission department that the person has been advised of 351 both the penalties for failure to submit to the blood, breath, 352 or urine test and the procedure for requesting a hearing. 353 Section 4.Present paragraph (c) of subsection (1) of 354 section 327.371, Florida Statutes, is redesignated as paragraph 355 (d), and a new paragraph (c) is added to that subsection, to 356 read: 357 327.371Human-powered vessels regulated. 358 (1)A person may operate a human-powered vessel within the 359 boundaries of the marked channel of the Florida Intracoastal 360 Waterway as defined in s. 327.02: 361 (c)When participating in interscholastic, intercollegiate, 362 intramural, or club rowing team practices or competitions, if 363 the adjacent area outside of the marked channel is not suitable 364 for such practice or competition. The teams must use their best 365 efforts to make use of the adjacent area outside of the marked 366 channel. 367 Section 5.Paragraph (f) is added to subsection (2) of 368 section 327.4107, Florida Statutes, to read: 369 327.4107Vessels at risk of becoming derelict on waters of 370 this state. 371 (2)An officer of the commission or of a law enforcement 372 agency specified in s. 327.70 may determine that a vessel is at 373 risk of becoming derelict if any of the following conditions 374 exist: 375 (f)The vessel is tied to an unlawful or unpermitted 376 structure or mooring. 377 Section 6.Paragraph (b) of subsection (1) of section 378 327.46, Florida Statutes, is amended to read: 379 327.46Boating-restricted areas. 380 (1)Boating-restricted areas, including, but not limited 381 to, restrictions of vessel speeds and vessel traffic, may be 382 established on the waters of this state for any purpose 383 necessary to protect the safety of the public if such 384 restrictions are necessary based on boating accidents, 385 visibility, hazardous currents or water levels, vessel traffic 386 congestion, or other navigational hazards or to protect 387 seagrasses on privately owned submerged lands. 388 (b)Municipalities and counties may establish the following 389 boating-restricted areas by ordinance, including, 390 notwithstanding the prohibition in s. 327.60(2)(c), within the 391 portion of the Florida Intracoastal Waterway within their 392 jurisdiction: 393 1.An ordinance establishing an idle speed, no wake 394 boating-restricted area, if the area is: 395 a.Within 500 feet of any boat ramp, hoist, marine railway, 396 or other launching or landing facility available for use by the 397 general boating public on waterways more than 300 feet in width 398 or within 300 feet of any boat ramp, hoist, marine railway, or 399 other launching or landing facility available for use by the 400 general boating public on waterways not exceeding 300 feet in 401 width. 402 b.Within 500 feet of fuel pumps or dispensers at any 403 marine fueling facility that sells motor fuel to the general 404 boating public on waterways more than 300 feet in width or 405 within 300 feet of the fuel pumps or dispensers at any licensed 406 terminal facility that sells motor fuel to the general boating 407 public on waterways not exceeding 300 feet in width. 408 c.Inside or within 300 feet of any lock structure. 409 2.An ordinance establishing a slow speed, minimum wake 410 boating-restricted area if the area is: 411 a.Within 300 feet of any bridge fender system. 412 b.Within 300 feet of any bridge span presenting a vertical 413 clearance of less than 25 feet or a horizontal clearance of less 414 than 100 feet. 415 c.On a creek, stream, canal, or similar linear waterway if 416 the waterway is less than 75 feet in width from shoreline to 417 shoreline. 418 d.On a lake or pond of less than 10 acres in total surface 419 area. 420 e.Within the boundaries of a permitted public mooring 421 field and a buffer around the mooring field of up to 100 feet. 422 3.An ordinance establishing a vessel-exclusion zone if the 423 area is: 424 a.Designated as a public bathing beach or swim area, 425 except that public bathing beach or swim areas may not be 426 established in whole or in part within the marked channel of the 427 Florida Intracoastal Waterway or within 100 feet of any portion 428 of the marked channel. 429 b.Within 300 feet of a dam, spillway, or flood control 430 structure. 431 432 Vessel exclusion zones created pursuant to this subparagraph 433 must be marked with uniform waterway markers permitted by the 434 commission in accordance with this chapter. Such zones may not 435 be marked by ropes. 436 Section 7.Section 376.15, Florida Statutes, is repealed. 437 Section 8.Subsections (22) and (34) of section 379.101, 438 Florida Statutes, are amended to read: 439 379.101Definitions.In construing these statutes, where 440 the context does not clearly indicate otherwise, the word, 441 phrase, or term: 442 (22)Marine fish means any saltwater species of finfish 443 of the classes Agnatha, Chondrichthyes, and Osteichthyes, and 444 marine invertebrates of in the classes Gastropoda and, Bivalvia, 445 the subphylum and Crustacea, or the phylum Echinodermata; 446 however, the term but does not include nonliving shells or 447 echinoderms. 448 (34)Saltwater fish means: 449 (a)Any saltwater species of finfish of the classes 450 Agnatha, Chondrichthyes, or Osteichthyes and marine 451 invertebrates of the classes Gastropoda and, Bivalvia, the 452 subphylum or Crustacea, or of the phylum Echinodermata; however, 453 the term but does not include nonliving shells or echinoderms; 454 and 455 (b)All classes of pisces, shellfish, sponges, and 456 crustaceans crustacea native to salt water. 457 Section 9.Subsection (3) of section 705.101, Florida 458 Statutes, is amended to read: 459 705.101Definitions.As used in this chapter: 460 (3)Abandoned property means all tangible personal 461 property that does not have an identifiable owner and that has 462 been disposed on public property in a wrecked, inoperative, or 463 partially dismantled condition or has no apparent intrinsic 464 value to the rightful owner. The term includes derelict vessels 465 as defined in s. 823.11 and vessels declared a public nuisance 466 pursuant to s. 327.73(1)(aa). 467 Section 10.Paragraph (a) of subsection (2) and subsection 468 (4) of section 705.103, Florida Statutes, are amended to read: 469 705.103Procedure for abandoned or lost property. 470 (2)(a)1.Whenever a law enforcement officer ascertains 471 that: 472 a.An article of lost or abandoned property other than a 473 derelict vessel or a vessel declared a public nuisance pursuant 474 to s. 327.73(1)(aa) is present on public property and is of such 475 nature that it cannot be easily removed, the officer shall cause 476 a notice to be placed upon such article in substantially the 477 following form: 478 479 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 480 PROPERTY. This property, to wit: ...(setting forth brief 481 description)... is unlawfully upon public property known as 482 ...(setting forth brief description of location)... and must be 483 removed within 5 days; otherwise, it will be removed and 484 disposed of pursuant to chapter 705, Florida Statutes. The owner 485 will be liable for the costs of removal, storage, and 486 publication of notice. Dated this: ...(setting forth the date of 487 posting of notice)..., signed: ...(setting forth name, title, 488 address, and telephone number of law enforcement officer).... 489 490 b.A derelict vessel or a vessel declared a public nuisance 491 pursuant to s. 327.73(1)(aa) is present on the waters of this 492 state, the officer shall cause a notice to be placed upon such 493 vessel in substantially the following form: 494 495 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 496 VESSEL. This vessel, to wit: ...(setting forth brief 497 description)... has been determined to be ...(derelict or a 498 public nuisance)... and is unlawfully upon waters of this state 499 ...(setting forth brief description of location)... and must be 500 removed within 21 days; otherwise, it will be removed and 501 disposed of pursuant to chapter 705, Florida Statutes. The owner 502 and other interested parties have the right to a hearing to 503 challenge the determination that this vessel is derelict or 504 otherwise in violation of the law. Please contact ...(contact 505 information for person who can arrange for a hearing in 506 accordance with this section).... The owner or the party 507 determined to be legally responsible for the vessel being upon 508 the waters of this state in a derelict condition or as a public 509 nuisance will be liable for the costs of removal, destruction, 510 and disposal if this vessel is not removed by the owner. Dated 511 this: ...(setting forth the date of posting of notice)..., 512 signed: ...(setting forth name, title, address, and telephone 513 number of law enforcement officer).... 514 515 2.The notices required under subparagraph 1. may not be 516 less than 8 inches by 10 inches and must shall be sufficiently 517 weatherproof to withstand normal exposure to the elements. In 518 addition to posting, the law enforcement officer shall make a 519 reasonable effort to ascertain the name and address of the 520 owner. If such is reasonably available to the officer, she or he 521 shall mail a copy of such notice to the owner on or before the 522 date of posting. If the property is a motor vehicle as defined 523 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 524 enforcement agency shall contact the Department of Highway 525 Safety and Motor Vehicles in order to determine the name and 526 address of the owner and any person who has filed a lien on the 527 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 528 328.15(1). On receipt of this information, the law enforcement 529 agency shall mail a copy of the notice by certified mail, return 530 receipt requested, to the owner and to the lienholder, if any, 531 except that a law enforcement officer who has issued a citation 532 for a violation of s. 376.15 or s. 823.11 to the owner of a 533 derelict vessel is not required to mail a copy of the notice by 534 certified mail, return receipt requested, to the owner. For a 535 derelict vessel or a vessel declared a public nuisance pursuant 536 to s. 327.73(1)(aa), the mailed notice must inform the owner or 537 responsible party that he or she has a right to a hearing to 538 dispute the determination that the vessel is derelict or 539 otherwise in violation of the law. If a request for a hearing is 540 made, a state agency shall follow the processes set forth in s. 541 120.569. Local governmental entities shall follow the processes 542 set forth in s. 120.569, except that a local judge, magistrate, 543 or code enforcement officer may be designated to conduct such a 544 hearing. If, at the end of 5 days after posting the notice in 545 sub-subparagraph 1.a., or at the end of 21 days after posting 546 the notice in sub-subparagraph 1.b., and mailing such notice, if 547 required, the owner or any person interested in the lost or 548 abandoned article or articles described has not removed the 549 article or articles from public property or shown reasonable 550 cause for failure to do so, and, in the case of a derelict 551 vessel or a vessel declared a public nuisance pursuant to s. 552 327.73(1)(aa), has not requested a hearing in accordance with 553 this section, the following shall apply: 554 a.For abandoned property other than a derelict vessel or a 555 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 556 the law enforcement agency may retain any or all of the property 557 for its own use or for use by the state or unit of local 558 government, trade such property to another unit of local 559 government or state agency, donate the property to a charitable 560 organization, sell the property, or notify the appropriate 561 refuse removal service. 562 b.For a derelict vessel or a vessel declared a public 563 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 564 agency or its designee may: 565 (I)Remove the vessel from the waters of this state and 566 destroy and dispose of the vessel or authorize another 567 governmental entity or its designee to do so; or 568 (II)Authorize the vessels use as an artificial reef in 569 accordance with s. 379.249 if all necessary federal, state, and 570 local authorizations are received. 571 572 A law enforcement agency or its designee may also take action as 573 described in this sub-subparagraph if, following a hearing 574 pursuant to this section, the judge, magistrate, administrative 575 law judge, or hearing officer has determined the vessel to be 576 derelict as provided in s. 823.11 or otherwise in violation of 577 the law in accordance with s. 327.73(1)(aa) and a final order 578 has been entered or the case is otherwise closed. 579 (4)The owner of any abandoned or lost property, or in the 580 case of a derelict vessel or a vessel declared a public nuisance 581 pursuant to s. 327.73(1)(aa), the owner or other party 582 determined to be legally responsible for the vessel being upon 583 the waters of this state in a derelict condition or as a public 584 nuisance, who, after notice as provided in this section, does 585 not remove such property within the specified period is shall be 586 liable to the law enforcement agency, other governmental entity, 587 or the agencys or entitys designee for all costs of removal, 588 storage, and destruction, and disposal of such property, less 589 any salvage value obtained by disposal of the property. Upon 590 final disposition of the property, the law enforcement officer 591 or representative of the law enforcement agency or other 592 governmental entity shall notify the owner or in the case of a 593 derelict vessel or vessel declared a public nuisance pursuant to 594 s. 327.73(1)(aa), the owner or other party determined to be 595 legally responsible, if known, of the amount owed. In the case 596 of an abandoned vessel or motor vehicle, any person who neglects 597 or refuses to pay such amount is not entitled to be issued a 598 certificate of registration for such vessel or motor vehicle, or 599 any other vessel or motor vehicle, until such costs have been 600 paid. A person who has neglected or refused to pay all costs of 601 removal, storage, disposal, and destruction of a vessel or motor 602 vehicle as provided in this section, after having been provided 603 written notice via certified mail that such costs are owed, and 604 who applies for and is issued a registration for a vessel or 605 motor vehicle before such costs have been paid in full commits a 606 misdemeanor of the first degree, punishable as provided in s. 607 775.082 or s. 775.083. The law enforcement officer or 608 representative of the law enforcement agency or other 609 governmental entity shall supply the Department of Highway 610 Safety and Motor Vehicles with a list of persons whose vessel 611 registration privileges and motor vehicle privileges have been 612 revoked under this subsection. The department or a person acting 613 as an agent of the department may not issue a certificate of 614 registration to a person whose vessel and motor vehicle 615 registration privileges have been revoked, as provided by this 616 subsection, until such costs have been paid. 617 Section 11.Effective July 1, 2023, paragraph (a) of 618 subsection (2) of section 705.103, Florida Statutes, as amended 619 by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 620 read: 621 705.103Procedure for abandoned or lost property. 622 (2)(a)1.Whenever a law enforcement officer ascertains 623 that: 624 a.An article of lost or abandoned property other than a 625 derelict vessel or a vessel declared a public nuisance pursuant 626 to s. 327.73(1)(aa) is present on public property and is of such 627 nature that it cannot be easily removed, the officer shall cause 628 a notice to be placed upon such article in substantially the 629 following form: 630 631 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 632 PROPERTY. This property, to wit: ...(setting forth brief 633 description)... is unlawfully upon public property known as 634 ...(setting forth brief description of location)... and must be 635 removed within 5 days; otherwise, it will be removed and 636 disposed of pursuant to chapter 705, Florida Statutes. The owner 637 will be liable for the costs of removal, storage, and 638 publication of notice. Dated this: ...(setting forth the date of 639 posting of notice)..., signed: ...(setting forth name, title, 640 address, and telephone number of law enforcement officer).... 641 642 b.A derelict vessel or a vessel declared a public nuisance 643 pursuant to s. 327.73(1)(aa) is present on the waters of this 644 state, the officer shall cause a notice to be placed upon such 645 vessel in substantially the following form: 646 647 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 648 VESSEL. This vessel, to wit: ...(setting forth brief description 649 of location)... has been determined to be ...(derelict or a 650 public nuisance)... and is unlawfully upon the waters of this 651 state ...(setting forth brief description of location)... and 652 must be removed within 21 days; otherwise, it will be removed 653 and disposed of pursuant to chapter 705, Florida Statutes. The 654 owner and other interested parties have the right to a hearing 655 to challenge the determination that this vessel is derelict or 656 otherwise in violation of the law. Please contact ...(contact 657 information for person who can arrange for a hearing in 658 accordance with this section)... The owner or the party 659 determined to be legally responsible for the vessel being upon 660 the waters of this state in a derelict condition or as a public 661 nuisance will be liable for the costs of removal, destruction, 662 and disposal if this vessel is not removed by the owner. Dated 663 this: ...(setting forth the date of posting of notice)..., 664 signed: ...(setting forth name, title, address, and telephone 665 number of law enforcement officer).... 666 667 2.The notices required under subparagraph 1. may not be 668 less than 8 inches by 10 inches and must shall be sufficiently 669 weatherproof to withstand normal exposure to the elements. In 670 addition to posting, the law enforcement officer shall make a 671 reasonable effort to ascertain the name and address of the 672 owner. If such is reasonably available to the officer, she or he 673 shall mail a copy of such notice to the owner on or before the 674 date of posting. If the property is a motor vehicle as defined 675 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 676 enforcement agency shall contact the Department of Highway 677 Safety and Motor Vehicles in order to determine the name and 678 address of the owner and any person who has filed a lien on the 679 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 680 328.15. On receipt of this information, the law enforcement 681 agency shall mail a copy of the notice by certified mail, return 682 receipt requested, to the owner and to the lienholder, if any, 683 except that a law enforcement officer who has issued a citation 684 for a violation of s. 376.15 or s. 823.11 to the owner of a 685 derelict vessel is not required to mail a copy of the notice by 686 certified mail, return receipt requested, to the owner. For a 687 derelict vessel or a vessel declared a public nuisance pursuant 688 to s. 327.73(1)(aa), the mailed notice must inform the owner or 689 responsible party that he or she has a right to a hearing to 690 dispute the determination that the vessel is derelict or 691 otherwise in violation of the law. If a request for a hearing is 692 made, a state agency shall follow the processes as set forth in 693 s. 120.569. Local governmental entities shall follow the 694 processes set forth in s. 120.569, except that a local judge, 695 magistrate, or code enforcement officer may be designated to 696 conduct such a hearing. If, at the end of 5 days after posting 697 the notice in sub-subparagraph 1.a., or at the end of 21 days 698 after posting the notice in sub-subparagraph 1.b., and mailing 699 such notice, if required, the owner or any person interested in 700 the lost or abandoned article or articles described has not 701 removed the article or articles from public property or shown 702 reasonable cause for failure to do so, and, in the case of a 703 derelict vessel or a vessel declared a public nuisance pursuant 704 to s. 327.73(1)(aa), has not requested a hearing in accordance 705 with this section, the following shall apply: 706 a.For abandoned property other than a derelict vessel or a 707 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 708 the law enforcement agency may retain any or all of the property 709 for its own use or for use by the state or unit of local 710 government, trade such property to another unit of local 711 government or state agency, donate the property to a charitable 712 organization, sell the property, or notify the appropriate 713 refuse removal service. 714 b.For a derelict vessel or a vessel declared a public 715 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 716 agency or its designee may: 717 (I)Remove the vessel from the waters of this state and 718 destroy and dispose of the vessel or authorize another 719 governmental entity or its designee to do so; or 720 (II)Authorize the vessels use as an artificial reef in 721 accordance with s. 379.249 if all necessary federal, state, and 722 local authorizations are received. 723 724 A law enforcement agency or its designee may also take action as 725 described in this sub-subparagraph if, following a hearing 726 pursuant to this section, the judge, magistrate, administrative 727 law judge, or hearing officer has determined the vessel to be 728 derelict as provided in s. 823.11 or otherwise in violation of 729 the law in accordance with s. 327.73(1)(aa) and a final order 730 has been entered or the case is otherwise closed. 731 Section 12.Present subsections (4), (5), and (6) of 732 section 823.11, Florida Statutes, are redesignated as 733 subsections (5), (6), and (7), respectively, a new subsection 734 (4) is added to that section, and subsection (1), paragraph (c) 735 of subsection (2), subsection (3), and present subsections (5) 736 and (6) of that section are amended, to read: 737 823.11Derelict vessels; relocation or removal; penalty. 738 (1)As used in this section and s. 376.15, the term: 739 (a)Commission means the Fish and Wildlife Conservation 740 Commission. 741 (b)Derelict vessel means a vessel, as defined in s. 742 327.02, that is: 743 1.In a wrecked, junked, or substantially dismantled 744 condition upon any waters of this state. 745 a.A vessel is wrecked if it is sunken or sinking; aground 746 without the ability to extricate itself absent mechanical 747 assistance; or remaining after a marine casualty, including, but 748 not limited to, a boating accident, extreme weather, or a fire. 749 b.A vessel is junked if it has been substantially stripped 750 of vessel components, if vessel components have substantially 751 degraded or been destroyed, or if the vessel has been discarded 752 by the owner or operator. Attaching an outboard motor to a 753 vessel that is otherwise junked will not cause the vessel to no 754 longer be junked if such motor is not an effective means of 755 propulsion as required by s. 327.4107(2)(e) and associated 756 rules. 757 c.A vessel is substantially dismantled if at least two of 758 the three following vessel systems or components are missing, 759 compromised, incomplete, inoperable, or broken: 760 (I)The steering system; 761 (II)The propulsion system; or 762 (III)The exterior hull integrity. 763 764 Attaching an outboard motor to a vessel that is otherwise 765 substantially dismantled will not cause the vessel to no longer 766 be substantially dismantled if such motor is not an effective 767 means of propulsion as required by s. 327.4107(2)(e) and 768 associated rules. 769 2.At a port in this state without the consent of the 770 agency having jurisdiction thereof. 771 3.Docked, grounded, or beached upon the property of 772 another without the consent of the owner of the property. 773 (c)Gross negligence means conduct so reckless or wanting 774 in care that it constitutes a conscious disregard or 775 indifference to the safety of the property exposed to such 776 conduct. 777 (d)Willful misconduct means conduct evidencing 778 carelessness or negligence of such a degree or recurrence as to 779 manifest culpability, wrongful intent, or evil design or to show 780 an intentional and substantial disregard of the interests of the 781 vessel owner. 782 (2) 783 (c)The additional time provided in subparagraph (b)2. for 784 an owner or responsible party to remove a derelict vessel from 785 the waters of this state or to repair and remedy the vessels 786 derelict condition This subsection does not apply to a vessel 787 that was derelict upon the waters of this state before the 788 stated accident or event. 789 (3)The commission, an officer of the commission, or a law 790 enforcement agency or officer specified in s. 327.70 may 791 relocate, remove, and store, destroy, or dispose of or cause to 792 be relocated, removed, and stored, destroyed, or disposed of a 793 derelict vessel from waters of this state as defined in s. 794 327.02 if the derelict vessel obstructs or threatens to obstruct 795 navigation or in any way constitutes a danger to the 796 environment, property, or persons. The commission, an officer of 797 the commission, or any other law enforcement agency or officer 798 acting pursuant to this subsection to relocate, remove, and 799 store, destroy, dispose of or cause to be relocated, removed, 800 and stored, destroyed, or disposed of a derelict vessel from 801 waters of this state shall be held harmless for all damages to 802 the derelict vessel resulting from such action unless the damage 803 results from gross negligence or willful misconduct. 804 (a)Removal of derelict vessels under this subsection may 805 be funded by grants provided in ss. 206.606 and 376.15. The 806 commission shall implement a plan for the procurement of any 807 available federal disaster funds and use such funds for the 808 removal of derelict vessels. 809 (b)All costs, including costs owed to a third party, 810 incurred by the commission, another law enforcement agency, or a 811 governmental subdivision, when the governmental subdivision has 812 received authorization from a law enforcement officer or agency, 813 in the relocation, removal, storage, destruction, or disposal of 814 a derelict vessel are recoverable against the vessel owner or 815 the party determined to be legally responsible for the vessel 816 being upon the waters of this state in a derelict condition. The 817 Department of Legal Affairs shall represent the commission in 818 actions to recover such costs. As provided in s. 705.103(4), a 819 person who neglects or refuses to pay such costs may not be 820 issued a certificate of registration for such vessel or for any 821 other vessel or motor vehicle until such costs have been paid. A 822 person who has neglected or refused to pay all costs of removal, 823 storage, destruction, or disposal of a derelict vessel as 824 provided in this section, after having been provided written 825 notice via certified mail that such costs are owed, and who 826 applies for and is issued a registration for a vessel or motor 827 vehicle before such costs have been paid in full commits a 828 misdemeanor of the first degree, punishable as provided in s. 829 775.082 or s. 775.083. 830 (b)(c)A contractor performing such activities at the 831 direction of the commission, an officer of the commission, a law 832 enforcement agency or officer, or a governmental subdivision, 833 when the governmental subdivision has received authorization for 834 the relocation or removal from a law enforcement officer or 835 agency, pursuant to this section must be licensed in accordance 836 with applicable United States Coast Guard regulations where 837 required; obtain and carry in full force and effect a policy 838 from a licensed insurance carrier in this state to insure 839 against any accident, loss, injury, property damage, or other 840 casualty caused by or resulting from the contractors actions; 841 and be properly equipped to perform the services to be provided. 842 (4)(a)Removal of derelict vessels under this subsection 843 may be funded by grants provided in s. 206.606. 844 (b)The commission may implement a plan for the procurement 845 of any available federal disaster funds and use such funds for 846 the removal of derelict vessels. 847 (c)The commission may establish a program to provide 848 grants to local governments for the removal, storage, 849 destruction, and disposal of derelict vessels from the waters of 850 this state. This grant funding may also be used for the removal, 851 storage, destruction, and disposal of vessels declared a public 852 nuisance pursuant to s. 327.73(1)(aa). The program must be 853 funded from the Marine Resources Conservation Trust Fund or the 854 Florida Coastal Protection Trust Fund. Notwithstanding s. 855 216.181(11), funds available for these grants may only be 856 authorized by appropriations acts of the Legislature. In a given 857 fiscal year, if all funds appropriated pursuant to this 858 paragraph are not requested by and granted to local governments 859 for the removal, storage, destruction, and disposal of derelict 860 vessels or vessels declared a public nuisance pursuant to s. 861 327.73(1)(aa) by the end of the third quarter, the Fish and 862 Wildlife Conservation Commission may use the remainder of the 863 funds to remove, store, destroy, and dispose of, or to pay 864 private contractors to remove, store, destroy, and dispose of, 865 derelict vessels or vessels declared a public nuisance pursuant 866 to s. 327.73(1)(aa). The commission shall adopt by rule 867 procedures for local governments to submit a grant application 868 and criteria for allocating available funds. Such criteria must 869 include, at a minimum, the following: 870 1.The number of derelict vessels within the jurisdiction 871 of the applicant. 872 2.The threat posed by such vessels to public health or 873 safety, the environment, navigation, or the aesthetic condition 874 of the general vicinity. 875 3.The degree of commitment of the local government to 876 maintain waters free of abandoned and derelict vessels and to 877 seek legal action against those who abandon vessels in the 878 waters of this state as defined in s. 327.02. 879 (6)(5)A person, firm, or corporation violating this 880 section commits a misdemeanor of the first degree and shall be 881 punished as provided by law. A conviction under this section 882 does not bar the assessment and collection of a the civil 883 penalty provided in s. 376.16 for violation of s. 376.15. The 884 court having jurisdiction over the criminal offense, 885 notwithstanding any jurisdictional limitations on the amount in 886 controversy, may order the imposition of such civil penalty in 887 addition to any sentence imposed for the first criminal offense. 888 (7)(6)If an owner or a responsible party of a vessel 889 determined to be derelict through an administrative or criminal 890 proceeding has been charged by an officer of the commission or 891 any law enforcement agency or officer as specified in s. 327.70 892 under subsection (6) (5) for a violation of subsection (2) or a 893 violation of s. 376.15(2), a person may not reside or dwell on 894 such vessel until the vessel is removed from the waters of the 895 state permanently or returned to the waters of the state in a 896 condition that is no longer derelict. 897 Section 13.Paragraph (p) of subsection (4) of section 898 934.50, Florida Statutes, is amended to read: 899 934.50Searches and seizure using a drone. 900 (4)EXCEPTIONS.This section does not prohibit the use of a 901 drone: 902 (p)By an a non-law enforcement employee of the Fish and 903 Wildlife Conservation Commission or of the Florida Forest 904 Service for the purposes of managing and eradicating invasive 905 exotic plants or animals on public lands and suppressing and 906 mitigating wildfire threats. 907 Section 14.Section 327.04, Florida Statutes, is amended to 908 read: 909 327.04Rules.The commission may adopt rules pursuant to 910 ss. 120.536(1) and 120.54 to implement this chapter, the 911 provisions of chapter 705 relating to vessels, and s. ss. 376.15 912 and 823.11 conferring powers or duties upon it. 913 Section 15.Subsection (4) of section 328.09, Florida 914 Statutes, is amended to read: 915 328.09Refusal to issue and authority to cancel a 916 certificate of title or registration. 917 (4)The department may not issue a certificate of title to 918 an applicant for a vessel that has been deemed derelict or a 919 public nuisance by a law enforcement officer under s. 920 327.73(1)(aa) or s. 376.15 or s. 823.11. A law enforcement 921 officer must inform the department in writing, which may be 922 provided by facsimile, e-mail electronic mail, or other 923 electronic means, of the vessels derelict or public nuisance 924 status and supply the department with the vessel title number or 925 vessel identification number. The department may issue a 926 certificate of title once a law enforcement officer has verified 927 in writing, which may be provided by facsimile, e-mail 928 electronic mail, or other electronic means, that the vessel is 929 no longer a derelict or public nuisance vessel. 930 Section 16.Section 25 of chapter 2021-184, Laws of 931 Florida, is repealed. 932 Section 17.Paragraph (c) of subsection (15) of section 933 328.72, Florida Statutes, is amended to read: 934 328.72Classification; registration; fees and charges; 935 surcharge; disposition of fees; fines; marine turtle stickers. 936 (15)DISTRIBUTION OF FEES.Except as provided in this 937 subsection, moneys designated for the use of the counties, as 938 specified in subsection (1), shall be distributed by the tax 939 collector to the board of county commissioners for use only as 940 provided in this section. Such moneys to be returned to the 941 counties are for the sole purposes of providing, maintaining, or 942 operating recreational channel marking and other uniform 943 waterway markers, public boat ramps, lifts, and hoists, marine 944 railways, boat piers, docks, mooring buoys, and other public 945 launching facilities; and removing derelict vessels, debris that 946 specifically impedes boat access, not including the dredging of 947 channels, and vessels and floating structures deemed a hazard to 948 public safety and health for failure to comply with s. 327.53. 949 Counties shall demonstrate through an annual detailed accounting 950 report of vessel registration revenues that the registration 951 fees were spent as provided in this subsection. This report 952 shall be provided to the Fish and Wildlife Conservation 953 Commission no later than November 1 of each year. If, before 954 January 1 of each calendar year, the accounting report meeting 955 the prescribed criteria has still not been provided to the 956 commission, the tax collector of that county may not distribute 957 the moneys designated for the use of counties, as specified in 958 subsection (1), to the board of county commissioners but shall, 959 for the next calendar year, remit such moneys to the state for 960 deposit into the Marine Resources Conservation Trust Fund. The 961 commission shall return those moneys to the county if the county 962 fully complies with this section within that calendar year. If 963 the county does not fully comply with this section within that 964 calendar year, the moneys shall remain within the Marine 965 Resources Trust Fund and may be appropriated for the purposes 966 specified in this subsection. 967 (c)From the vessel registration fees designated for use by 968 the counties in subsection (1), the following amounts shall be 969 remitted to the state for deposit into the Marine Resources 970 Conservation Trust Fund to fund derelict vessel removal grants, 971 as appropriated by the Legislature pursuant to s. 823.11(4)(c) 972 s. 376.15: 973 1.Class A-2: $0.25 for each 12-month period registered. 974 2.Class 1: $2.06 for each 12-month period registered. 975 3.Class 2: $9.26 for each 12-month period registered. 976 4.Class 3: $16.45 for each 12-month period registered. 977 5.Class 4: $20.06 for each 12-month period registered. 978 6.Class 5: $25.46 for each 12-month period registered. 979 Section 18.Paragraph (h) of subsection (6) of section 980 376.11, Florida Statutes, is amended to read: 981 376.11Florida Coastal Protection Trust Fund. 982 (6)Moneys in the Florida Coastal Protection Trust Fund may 983 be used for the following purposes: 984 (h)The funding of a grant program to local governments, 985 pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the 986 removal of derelict and public nuisance vessels from the public 987 waters of the state. 988 Section 19.For the purpose of incorporating the amendment 989 made by this act to section 327.371, Florida Statutes, in a 990 reference thereto, paragraph (dd) of subsection (1) of section 991 327.73, Florida Statutes, is reenacted to read: 992 327.73Noncriminal infractions. 993 (1)Violations of the following provisions of the vessel 994 laws of this state are noncriminal infractions: 995 (dd)Section 327.371, relating to the regulation of human 996 powered vessels. 997 998 Any person cited for a violation of any provision of this 999 subsection shall be deemed to be charged with a noncriminal 1000 infraction, shall be cited for such an infraction, and shall be 1001 cited to appear before the county court. The civil penalty for 1002 any such infraction is $50, except as otherwise provided in this 1003 section. Any person who fails to appear or otherwise properly 1004 respond to a uniform boating citation shall, in addition to the 1005 charge relating to the violation of the boating laws of this 1006 state, be charged with the offense of failing to respond to such 1007 citation and, upon conviction, be guilty of a misdemeanor of the 1008 second degree, punishable as provided in s. 775.082 or s. 1009 775.083. A written warning to this effect shall be provided at 1010 the time such uniform boating citation is issued. 1011 Section 20.For the purpose of incorporating the amendment 1012 made by this act to section 379.101, Florida Statutes, in a 1013 reference thereto, subsection (4) of section 125.01, Florida 1014 Statutes, is reenacted to read: 1015 125.01Powers and duties. 1016 (4)The legislative and governing body of a county shall 1017 not have the power to regulate the taking or possession of 1018 saltwater fish, as defined in s. 379.101, with respect to the 1019 method of taking, size, number, season, or species. However, 1020 this subsection does not prohibit a county from prohibiting, for 1021 reasons of protecting the public health, safety, or welfare, 1022 saltwater fishing from real property owned by that county, nor 1023 does it prohibit the imposition of excise taxes by county 1024 ordinance. 1025 Section 21.For the purpose of incorporating the amendment 1026 made by this act to section 379.101, Florida Statutes, in a 1027 reference thereto, section 379.2412, Florida Statutes, is 1028 reenacted to read: 1029 379.2412State preemption of power to regulate.The power 1030 to regulate the taking or possession of saltwater fish, as 1031 defined in s. 379.101, is expressly reserved to the state. This 1032 section does not prohibit a local government from prohibiting, 1033 for reasons of protecting the public health, safety, or welfare, 1034 saltwater fishing from real property owned by that local 1035 government. 1036 Section 22.Except as otherwise expressly provided in this 1037 act, this act shall take effect July 1, 2022.