CS for CS for SB 494 First Engrossed 2022494e1 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; requiring the 11 commission to work with the land management agencies 12 to identify a specified number of sites; providing 13 gopher tortoise recipient site permit application 14 requirements; specifying permit timeframe 15 requirements; amending ss. 327.352 and 327.35215, 16 F.S.; revising the notices a person must be given for 17 failure to submit to certain tests for alcohol, 18 chemical substances, or controlled substances; making 19 technical changes; amending s. 327.371, F.S.; 20 authorizing individuals, when participating in certain 21 athletic team practices or competitions, to operate a 22 human-powered vessel within the marked channel of the 23 Florida Intracoastal Waterway under certain 24 circumstances; requiring the commission to be notified 25 of any such competition; providing notice 26 requirements; amending s. 327.4107, F.S.; revising the 27 vessel conditions that an officer of the commission or 28 a law enforcement agency may use to determine that a 29 vessel is at risk of becoming derelict; amending s. 30 327.46, F.S.; prohibiting municipalities and counties 31 from designating certain waters adjacent to designated 32 public bathing beaches or swim areas as vessel 33 exclusion zones; repealing s. 376.15, F.S., relating 34 to derelict vessels and the relocation and removal of 35 such vessels from the waters of this state; amending 36 s. 379.101, F.S.; revising the definitions of the 37 terms marine fish and saltwater fish; amending s. 38 705.101, F.S.; revising the definition of the term 39 abandoned property to include vessels declared to be 40 a public nuisance; amending s. 705.103, F.S.; 41 clarifying the notice requirements and procedures for 42 vessels declared to be public nuisances; conforming a 43 provision to changes made by the act; amending s. 44 823.11, F.S.; making technical changes; authorizing 45 the commission to establish a program to provide 46 grants to local governments for certain actions 47 regarding derelict vessels and those declared to be a 48 public nuisance; specifying sources for the funds to 49 be used, subject to an appropriation; authorizing the 50 commission to use funds not awarded as grants for 51 certain purposes; requiring the commission to adopt 52 rules for the grant applications and the criteria for 53 allocating the funds; conforming provisions to changes 54 made by the act; amending s. 934.50, F.S.; providing 55 that all employees of the commission or the Florida 56 Forest Service may operate drones for specified 57 purposes; amending ss. 327.04, 328.09, 328.72, and 58 376.11, F.S.; conforming provisions to changes made by 59 the act; repealing s. 25, chapter 2021-184, Laws of 60 Florida, relating to derelict vessels; reenacting s. 61 327.73(1)(dd), F.S., relating to noncriminal boating 62 infractions, to incorporate the amendment made to s. 63 327.371, F.S., in a reference thereto; reenacting ss. 64 125.01(4) and 379.2412, F.S., relating to powers and 65 duties of legislative and governing bodies of counties 66 and state preemption of the regulating of taking or 67 possessing saltwater fish, respectively, to 68 incorporate the amendment made to s. 379.101, F.S., in 69 references thereto; providing effective dates. 70 71 Be It Enacted by the Legislature of the State of Florida: 72 73 Section 1.Paragraphs (a) and (b) of subsection (2) of 74 section 259.105, Florida Statutes, are amended to read: 75 259.105The Florida Forever Act. 76 (2)(a)The Legislature finds and declares that: 77 1.Land acquisition programs have provided tremendous 78 financial resources for purchasing environmentally significant 79 lands to protect those lands from imminent development or 80 alteration, thereby ensuring present and future generations 81 access to important waterways, open spaces, and recreation and 82 conservation lands. 83 2.The continued alteration and development of the states 84 natural and rural areas to accommodate the states growing 85 population have contributed to the degradation of water 86 resources, the fragmentation and destruction of wildlife 87 habitats, the loss of outdoor recreation space, and the 88 diminishment of wetlands, forests, working landscapes, and 89 coastal open space. 90 3.The potential development of the states remaining 91 natural areas and escalation of land values require government 92 efforts to restore, bring under public protection, or acquire 93 lands and water areas to preserve the states essential 94 ecological functions and invaluable quality of life. 95 4.It is essential to protect the states ecosystems by 96 promoting a more efficient use of land, to ensure opportunities 97 for viable agricultural activities on working lands, and to 98 promote vital rural and urban communities that support and 99 produce development patterns consistent with natural resource 100 protection. 101 5.The states groundwater, surface waters, and springs are 102 under tremendous pressure due to population growth and economic 103 expansion and require special protection and restoration 104 efforts, including the protection of uplands and springsheds 105 that provide vital recharge to aquifer systems and are critical 106 to the protection of water quality and water quantity of the 107 aquifers and springs. To ensure that sufficient quantities of 108 water are available to meet the current and future needs of the 109 natural systems and citizens of the state, and assist in 110 achieving the planning goals of the department and the water 111 management districts, water resource development projects on 112 public lands, if compatible with the resource values of and 113 management objectives for the lands, are appropriate. 114 6.The needs of urban, suburban, and small communities in 115 the state for high-quality outdoor recreational opportunities, 116 greenways, trails, and open space have not been fully met by 117 previous acquisition programs. Through such programs as the 118 Florida Communities Trust and the Florida Recreation Development 119 Assistance Program, the state shall place additional emphasis on 120 acquiring, protecting, preserving, and restoring open space, 121 ecological greenways, and recreation properties within urban, 122 suburban, and rural areas where pristine natural communities or 123 water bodies no longer exist because of the proximity of 124 developed property. 125 7.Many of the states unique ecosystems, such as the 126 Florida Everglades, are facing ecological collapse due to the 127 states burgeoning population growth and other economic 128 activities. To preserve these valuable ecosystems for future 129 generations, essential parcels of land must be acquired to 130 facilitate ecosystem restoration. 131 8.Access to public lands to support a broad range of 132 outdoor recreational opportunities and the development of 133 necessary infrastructure, if compatible with the resource values 134 of and management objectives for such lands, promotes an 135 appreciation for the states natural assets and improves the 136 quality of life. 137 9.Acquisition of lands, in fee simple, less than fee 138 interest, or other techniques must shall be based on a 139 comprehensive science-based assessment of the states natural 140 resources which targets essential conservation lands by 141 prioritizing all current and future acquisitions based on a 142 uniform set of data and planned so as to protect the integrity 143 and function of ecological systems and working landscapes, and 144 provide multiple benefits, including preservation of fish and 145 wildlife habitat, recreation space for urban and rural areas, 146 and the restoration of natural water storage, flow, and 147 recharge. 148 10.The state has embraced performance-based program 149 budgeting as a tool to evaluate the achievements of publicly 150 funded agencies, build in accountability, and reward those 151 agencies which are able to consistently achieve quantifiable 152 goals. While previous and existing state environmental programs 153 have achieved varying degrees of success, few of these programs 154 can be evaluated as to the extent of their achievements, 155 primarily because performance measures, standards, outcomes, and 156 goals were not established at the outset. Therefore, the Florida 157 Forever program must shall be developed and implemented in the 158 context of measurable state goals and objectives. 159 11.The state must play a major role in the recovery and 160 management of its imperiled species through the acquisition, 161 restoration, enhancement, and management of ecosystems that can 162 support the major life functions of such species. It is the 163 intent of the Legislature to support local, state, and federal 164 programs that result in net benefit to imperiled species habitat 165 by providing public and private land owners meaningful 166 incentives for acquiring, restoring, managing, and repopulating 167 habitats for imperiled species. It is the further intent of the 168 Legislature that public lands, both existing and to be acquired, 169 identified by the lead land managing agency, in consultation 170 with the Fish and Wildlife Conservation Commission for animals 171 or the Department of Agriculture and Consumer Services for 172 plants, as habitat or potentially restorable habitat for 173 imperiled species, be restored, enhanced, managed, and 174 repopulated as habitat for such species to advance the goals and 175 objectives of imperiled species management for conservation, 176 recreation, or both, consistent with the land management plan 177 without restricting other uses identified in the management 178 plan. It is also the intent of the Legislature that of the 179 proceeds distributed pursuant to subsection (3), additional 180 consideration be given to acquisitions that achieve a 181 combination of conservation goals, including the restoration, 182 enhancement, management, or repopulation of habitat for 183 imperiled species. The council, in addition to the criteria in 184 subsection (9), shall give weight to projects that include 185 acquisition, restoration, management, or repopulation of habitat 186 for imperiled species. The term imperiled species as used in 187 this chapter and chapter 253, means plants and animals that are 188 federally listed under the Endangered Species Act, or state 189 listed by the Fish and Wildlife Conservation Commission or the 190 Department of Agriculture and Consumer Services. As part of the 191 states role, all state lands that have imperiled species 192 habitat must shall include as a consideration in management plan 193 development the restoration, enhancement, management, and 194 repopulation of such habitats. 195 a.Each lead land managing agency shall: 196 (I)In consultation with the Fish and Wildlife Conservation 197 Commission, consider in the management plan for all state lands 198 under its management which are greater in size than 40 199 contiguous acres the feasibility of using a portion of the 200 property as a gopher tortoise recipient site. If, during 201 consultation with the commission, the lead land managing agency 202 determines that the recipient site management is not in conflict 203 with the primary management objects of the parcel, the 204 management plan must contain a component or section prepared by 205 a qualified wildlife biologist which assesses the feasibility of 206 managing the site as a recipient site for gopher tortoises, 207 consistent with the rules of the commission. 208 (II)Consult with the commission on feasibility assessments 209 and implementation of gopher tortoise management. 210 b.State lands may be used as gopher tortoise recipient 211 sites only if there are fewer than three permitted private 212 recipient sites available for gopher tortoise relocations which 213 are actively accepting gopher tortoise relocations. The 214 commission shall work with each state land management agency to 215 identify at least nine sites on state lands which are feasible 216 for use as gopher tortoise recipient sites. The lead land 217 management agencies of such identified sites must submit a 218 gopher tortoise recipient site permit application to the 219 commission by December 31, 2022, and the sites must be permitted 220 and ready to accept relocated gopher tortoises by July 1, 2023. 221 If the commission does not approve or deny a complete gopher 222 tortoise recipient site permit application within 45 days after 223 receipt of the application, the application shall be deemed 224 approved. 225 c.In addition, The lead land managing agency of such state 226 lands may use fees received from public or private entities for 227 projects to offset adverse impacts to imperiled species or their 228 habitat in order to restore, enhance, manage, repopulate, or 229 acquire land and to implement land management plans developed 230 under s. 253.034 or a land management prospectus developed and 231 implemented under this chapter. Such fees shall be deposited 232 into a foundation or fund created by each land management agency 233 under s. 379.223, s. 589.012, or s. 259.032(9)(c), to be used 234 solely to restore, manage, enhance, repopulate, or acquire 235 imperiled species habitat. 236 12.There is a need to change the focus and direction of 237 the states major land acquisition programs and to extend 238 funding and bonding capabilities, so that future generations may 239 enjoy the natural resources of this state. 240 (b)The Legislature recognizes that acquisition of lands in 241 fee simple is only one way to achieve the aforementioned goals 242 and encourages the use of less-than-fee interests, other 243 techniques, and the development of creative partnerships between 244 governmental agencies and private landowners. Such partnerships 245 may include those that advance the restoration, enhancement, 246 management, or repopulation of imperiled species habitat on 247 state lands as provided for in subparagraph (a)11. Easements 248 acquired pursuant to s. 570.71(2)(a) and (b), land protection 249 agreements, and nonstate funded tools such as rural land 250 stewardship areas, sector planning, gopher tortoise recipient 251 sites, and mitigation should be used, where appropriate, to 252 bring environmentally sensitive tracts under an acceptable level 253 of protection at a lower financial cost to the public, and to 254 provide private landowners with the opportunity to enjoy and 255 benefit from their property. 256 Section 2.Paragraphs (a) and (c) of subsection (1) of 257 section 327.352, Florida Statutes, are amended to read: 258 327.352Tests for alcohol, chemical substances, or 259 controlled substances; implied consent; refusal. 260 (1)(a)1.The Legislature declares that the operation of a 261 vessel is a privilege that must be exercised in a reasonable 262 manner. In order to protect the public health and safety, it is 263 essential that a lawful and effective means of reducing the 264 incidence of boating while impaired or intoxicated be 265 established. Therefore, a person who accepts the privilege 266 extended by the laws of this state of operating a vessel within 267 this state is, by operating such vessel, deemed to have given 268 his or her consent to submit to an approved chemical test or 269 physical test including, but not limited to, an infrared light 270 test of his or her breath for the purpose of determining the 271 alcoholic content of his or her blood or breath if the person is 272 lawfully arrested for any offense allegedly committed while the 273 person was operating a vessel while under the influence of 274 alcoholic beverages. The chemical or physical breath test must 275 be incidental to a lawful arrest and administered at the request 276 of a law enforcement officer who has reasonable cause to believe 277 such person was operating the vessel within this state while 278 under the influence of alcoholic beverages. The administration 279 of a breath test does not preclude the administration of another 280 type of test. The person shall be told that his or her failure 281 to submit to any lawful test of his or her breath under this 282 chapter will result in a civil penalty of $500, and shall also 283 be told that if he or she refuses to submit to a lawful test of 284 his or her breath and he or she has been previously fined under 285 s. 327.35215 or has previously had his or her driving privilege 286 has been previously driver license suspended for refusal to 287 submit to any lawful test of his or her breath, urine, or blood, 288 he or she commits a misdemeanor of the first degree, punishable 289 as provided in s. 775.082 or s. 775.083, in addition to any 290 other penalties provided by law. The refusal to submit to a 291 chemical or physical breath test upon the request of a law 292 enforcement officer as provided in this section is admissible 293 into evidence in any criminal proceeding. 294 2.A person who accepts the privilege extended by the laws 295 of this state of operating a vessel within this state is, by 296 operating such vessel, deemed to have given his or her consent 297 to submit to a urine test for the purpose of detecting the 298 presence of chemical substances as set forth in s. 877.111 or 299 controlled substances if the person is lawfully arrested for any 300 offense allegedly committed while the person was operating a 301 vessel while under the influence of chemical substances or 302 controlled substances. The urine test must be incidental to a 303 lawful arrest and administered at a detention facility or any 304 other facility, mobile or otherwise, which is equipped to 305 administer such tests at the request of a law enforcement 306 officer who has reasonable cause to believe such person was 307 operating a vessel within this state while under the influence 308 of chemical substances or controlled substances. The urine test 309 must shall be administered at a detention facility or any other 310 facility, mobile or otherwise, which is equipped to administer 311 such test in a reasonable manner that will ensure the accuracy 312 of the specimen and maintain the privacy of the individual 313 involved. The administration of a urine test does not preclude 314 the administration of another type of test. The person shall be 315 told that his or her failure to submit to any lawful test of his 316 or her urine under this chapter will result in a civil penalty 317 of $500, and shall also be told that if he or she refuses to 318 submit to a lawful test of his or her urine and he or she has 319 been previously fined under s. 327.35215 or has previously had 320 his or her driving privilege has been previously driver license 321 suspended for refusal to submit to any lawful test of his or her 322 breath, urine, or blood, he or she commits a misdemeanor of the 323 first degree, punishable as provided in s. 775.082 or s. 324 775.083, in addition to any other penalties provided by law. The 325 refusal to submit to a urine test upon the request of a law 326 enforcement officer as provided in this section is admissible 327 into evidence in any criminal proceeding. 328 (c)A person who accepts the privilege extended by the laws 329 of this state of operating a vessel within this state is, by 330 operating such vessel, deemed to have given his or her consent 331 to submit to an approved blood test for the purpose of 332 determining the alcoholic content of the blood or a blood test 333 for the purpose of determining the presence of chemical 334 substances or controlled substances as provided in this section 335 if there is reasonable cause to believe the person was operating 336 a vessel while under the influence of alcoholic beverages or 337 chemical or controlled substances and the person appears for 338 treatment at a hospital, clinic, or other medical facility and 339 the administration of a breath or urine test is impractical or 340 impossible. As used in this paragraph, the term other medical 341 facility includes an ambulance or other medical emergency 342 vehicle. The blood test must shall be performed in a reasonable 343 manner. A person who is incapable of refusal by reason of 344 unconsciousness or other mental or physical condition is deemed 345 not to have withdrawn his or her consent to such test. A person 346 who is capable of refusal shall be told that his or her failure 347 to submit to such a blood test will result in a civil penalty of 348 $500. The refusal to submit to a blood test upon the request of 349 a law enforcement officer is shall be admissible in evidence in 350 any criminal proceeding. 351 Section 3.Subsections (1) and (2) of section 327.35215, 352 Florida Statutes, are amended to read: 353 327.35215Penalty for failure to submit to test. 354 (1)A person who is lawfully arrested for an alleged 355 violation of s. 327.35 and who refuses to submit to a blood 356 test, breath test, or urine test pursuant to s. 327.352 is 357 subject to a civil penalty of $500. 358 (2)When a person refuses to submit to a blood test, breath 359 test, or urine test pursuant to s. 327.352, a law enforcement 360 officer who is authorized to make arrests for violations of this 361 chapter shall file with the clerk of the court, on a form 362 provided by the commission department, a certified statement 363 that probable cause existed to arrest the person for a violation 364 of s. 327.35 and that the person refused to submit to a test as 365 required by s. 327.352. Along with the statement, the officer 366 shall must also submit a sworn statement on a form provided by 367 the commission department that the person has been advised of 368 both the penalties for failure to submit to the blood, breath, 369 or urine test and the procedure for requesting a hearing. 370 Section 4.Present paragraph (c) of subsection (1) of 371 section 327.371, Florida Statutes, is redesignated as paragraph 372 (d), and a new paragraph (c) is added to that subsection, to 373 read: 374 327.371Human-powered vessels regulated. 375 (1)A person may operate a human-powered vessel within the 376 boundaries of the marked channel of the Florida Intracoastal 377 Waterway as defined in s. 327.02: 378 (c)When participating in practices or competitions for 379 interscholastic, intercollegiate, intramural, or club rowing 380 teams affiliated with an educational institution identified in 381 s. 1000.21, s. 1002.01(2), s. 1003.01(2), s. 1005.02(4), or s. 382 1005.03(1)(d), if the adjacent area outside of the marked 383 channel is not suitable for such practice or competition. The 384 teams must use their best efforts to make use of the adjacent 385 area outside of the marked channel. The commission must be 386 notified in writing of the details of any such competition, and 387 the notification must include, but need not be limited to, the 388 date, time, and location of the competition. 389 Section 5.Paragraph (f) is added to subsection (2) of 390 section 327.4107, Florida Statutes, to read: 391 327.4107Vessels at risk of becoming derelict on waters of 392 this state. 393 (2)An officer of the commission or of a law enforcement 394 agency specified in s. 327.70 may determine that a vessel is at 395 risk of becoming derelict if any of the following conditions 396 exist: 397 (f)The vessel is tied to an unlawful or unpermitted 398 structure or mooring. 399 Section 6.Paragraph (b) of subsection (1) of section 400 327.46, Florida Statutes, is amended to read: 401 327.46Boating-restricted areas. 402 (1)Boating-restricted areas, including, but not limited 403 to, restrictions of vessel speeds and vessel traffic, may be 404 established on the waters of this state for any purpose 405 necessary to protect the safety of the public if such 406 restrictions are necessary based on boating accidents, 407 visibility, hazardous currents or water levels, vessel traffic 408 congestion, or other navigational hazards or to protect 409 seagrasses on privately owned submerged lands. 410 (b)Municipalities and counties may establish the following 411 boating-restricted areas by ordinance, including, 412 notwithstanding the prohibition in s. 327.60(2)(c), within the 413 portion of the Florida Intracoastal Waterway within their 414 jurisdiction: 415 1.An ordinance establishing an idle speed, no wake 416 boating-restricted area, if the area is: 417 a.Within 500 feet of any boat ramp, hoist, marine railway, 418 or other launching or landing facility available for use by the 419 general boating public on waterways more than 300 feet in width 420 or within 300 feet of any boat ramp, hoist, marine railway, or 421 other launching or landing facility available for use by the 422 general boating public on waterways not exceeding 300 feet in 423 width. 424 b.Within 500 feet of fuel pumps or dispensers at any 425 marine fueling facility that sells motor fuel to the general 426 boating public on waterways more than 300 feet in width or 427 within 300 feet of the fuel pumps or dispensers at any licensed 428 terminal facility that sells motor fuel to the general boating 429 public on waterways not exceeding 300 feet in width. 430 c.Inside or within 300 feet of any lock structure. 431 2.An ordinance establishing a slow speed, minimum wake 432 boating-restricted area if the area is: 433 a.Within 300 feet of any bridge fender system. 434 b.Within 300 feet of any bridge span presenting a vertical 435 clearance of less than 25 feet or a horizontal clearance of less 436 than 100 feet. 437 c.On a creek, stream, canal, or similar linear waterway if 438 the waterway is less than 75 feet in width from shoreline to 439 shoreline. 440 d.On a lake or pond of less than 10 acres in total surface 441 area. 442 e.Within the boundaries of a permitted public mooring 443 field and a buffer around the mooring field of up to 100 feet. 444 3.An ordinance establishing a vessel-exclusion zone if the 445 area is: 446 a.Designated as a public bathing beach or swim area, 447 except that such areas may not be created on waters that include 448 any portion of the Florida Intracoastal Waterway or that are 449 within 100 feet of the marked channel of the Florida 450 Intracoastal Waterway. 451 b.Within 300 feet of a dam, spillway, or flood control 452 structure. 453 454 Vessel exclusion zones created pursuant to this subparagraph 455 must be marked with uniform waterway markers permitted by the 456 commission in accordance with this chapter. Such zones may not 457 be marked by ropes. 458 Section 7.Section 376.15, Florida Statutes, is repealed. 459 Section 8.Subsections (22) and (34) of section 379.101, 460 Florida Statutes, are amended to read: 461 379.101Definitions.In construing these statutes, where 462 the context does not clearly indicate otherwise, the word, 463 phrase, or term: 464 (22)Marine fish means any saltwater species of finfish 465 of the classes Agnatha, Chondrichthyes, and Osteichthyes, and 466 marine invertebrates of in the classes Gastropoda and, Bivalvia, 467 the subphylum and Crustacea, or the phylum Echinodermata; 468 however, the term but does not include nonliving shells or 469 echinoderms. 470 (34)Saltwater fish means: 471 (a)Any saltwater species of finfish of the classes 472 Agnatha, Chondrichthyes, or Osteichthyes and marine 473 invertebrates of the classes Gastropoda and, Bivalvia, the 474 subphylum or Crustacea, or of the phylum Echinodermata; however, 475 the term but does not include nonliving shells or echinoderms; 476 and 477 (b)All classes of pisces, shellfish, sponges, and 478 crustaceans crustacea native to salt water. 479 Section 9.Subsection (3) of section 705.101, Florida 480 Statutes, is amended to read: 481 705.101Definitions.As used in this chapter: 482 (3)Abandoned property means all tangible personal 483 property that does not have an identifiable owner and that has 484 been disposed on public property in a wrecked, inoperative, or 485 partially dismantled condition or has no apparent intrinsic 486 value to the rightful owner. The term includes derelict vessels 487 as defined in s. 823.11 and vessels declared a public nuisance 488 pursuant to s. 327.73(1)(aa). 489 Section 10.Paragraph (a) of subsection (2) and subsection 490 (4) of section 705.103, Florida Statutes, are amended to read: 491 705.103Procedure for abandoned or lost property. 492 (2)(a)1.Whenever a law enforcement officer ascertains 493 that: 494 a.An article of lost or abandoned property other than a 495 derelict vessel or a vessel declared a public nuisance pursuant 496 to s. 327.73(1)(aa) is present on public property and is of such 497 nature that it cannot be easily removed, the officer shall cause 498 a notice to be placed upon such article in substantially the 499 following form: 500 501 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 502 PROPERTY. This property, to wit: ...(setting forth brief 503 description)... is unlawfully upon public property known as 504 ...(setting forth brief description of location)... and must be 505 removed within 5 days; otherwise, it will be removed and 506 disposed of pursuant to chapter 705, Florida Statutes. The owner 507 will be liable for the costs of removal, storage, and 508 publication of notice. Dated this: ...(setting forth the date of 509 posting of notice)..., signed: ...(setting forth name, title, 510 address, and telephone number of law enforcement officer).... 511 512 b.A derelict vessel or a vessel declared a public nuisance 513 pursuant to s. 327.73(1)(aa) is present on the waters of this 514 state, the officer shall cause a notice to be placed upon such 515 vessel in substantially the following form: 516 517 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 518 VESSEL. This vessel, to wit: ...(setting forth brief 519 description)... has been determined to be ...(derelict or a 520 public nuisance)... and is unlawfully upon waters of this state 521 ...(setting forth brief description of location)... and must be 522 removed within 21 days; otherwise, it will be removed and 523 disposed of pursuant to chapter 705, Florida Statutes. The owner 524 and other interested parties have the right to a hearing to 525 challenge the determination that this vessel is derelict or 526 otherwise in violation of the law. Please contact ...(contact 527 information for person who can arrange for a hearing in 528 accordance with this section).... The owner or the party 529 determined to be legally responsible for the vessel being upon 530 the waters of this state in a derelict condition or as a public 531 nuisance will be liable for the costs of removal, destruction, 532 and disposal if this vessel is not removed by the owner. Dated 533 this: ...(setting forth the date of posting of notice)..., 534 signed: ...(setting forth name, title, address, and telephone 535 number of law enforcement officer).... 536 537 2.The notices required under subparagraph 1. may not be 538 less than 8 inches by 10 inches and must shall be sufficiently 539 weatherproof to withstand normal exposure to the elements. In 540 addition to posting, the law enforcement officer shall make a 541 reasonable effort to ascertain the name and address of the 542 owner. If such is reasonably available to the officer, she or he 543 shall mail a copy of such notice to the owner on or before the 544 date of posting. If the property is a motor vehicle as defined 545 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 546 enforcement agency shall contact the Department of Highway 547 Safety and Motor Vehicles in order to determine the name and 548 address of the owner and any person who has filed a lien on the 549 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 550 328.15(1). On receipt of this information, the law enforcement 551 agency shall mail a copy of the notice by certified mail, return 552 receipt requested, to the owner and to the lienholder, if any, 553 except that a law enforcement officer who has issued a citation 554 for a violation of s. 376.15 or s. 823.11 to the owner of a 555 derelict vessel is not required to mail a copy of the notice by 556 certified mail, return receipt requested, to the owner. For a 557 derelict vessel or a vessel declared a public nuisance pursuant 558 to s. 327.73(1)(aa), the mailed notice must inform the owner or 559 responsible party that he or she has a right to a hearing to 560 dispute the determination that the vessel is derelict or 561 otherwise in violation of the law. If a request for a hearing is 562 made, a state agency shall follow the processes set forth in s. 563 120.569. Local governmental entities shall follow the processes 564 set forth in s. 120.569, except that a local judge, magistrate, 565 or code enforcement officer may be designated to conduct such a 566 hearing. If, at the end of 5 days after posting the notice in 567 sub-subparagraph 1.a., or at the end of 21 days after posting 568 the notice in sub-subparagraph 1.b., and mailing such notice, if 569 required, the owner or any person interested in the lost or 570 abandoned article or articles described has not removed the 571 article or articles from public property or shown reasonable 572 cause for failure to do so, and, in the case of a derelict 573 vessel or a vessel declared a public nuisance pursuant to s. 574 327.73(1)(aa), has not requested a hearing in accordance with 575 this section, the following shall apply: 576 a.For abandoned property other than a derelict vessel or a 577 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 578 the law enforcement agency may retain any or all of the property 579 for its own use or for use by the state or unit of local 580 government, trade such property to another unit of local 581 government or state agency, donate the property to a charitable 582 organization, sell the property, or notify the appropriate 583 refuse removal service. 584 b.For a derelict vessel or a vessel declared a public 585 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 586 agency or its designee may: 587 (I)Remove the vessel from the waters of this state and 588 destroy and dispose of the vessel or authorize another 589 governmental entity or its designee to do so; or 590 (II)Authorize the vessels use as an artificial reef in 591 accordance with s. 379.249 if all necessary federal, state, and 592 local authorizations are received. 593 594 A law enforcement agency or its designee may also take action as 595 described in this sub-subparagraph if, following a hearing 596 pursuant to this section, the judge, magistrate, administrative 597 law judge, or hearing officer has determined the vessel to be 598 derelict as provided in s. 823.11 or otherwise in violation of 599 the law in accordance with s. 327.73(1)(aa) and a final order 600 has been entered or the case is otherwise closed. 601 (4)The owner of any abandoned or lost property, or in the 602 case of a derelict vessel or a vessel declared a public nuisance 603 pursuant to s. 327.73(1)(aa), the owner or other party 604 determined to be legally responsible for the vessel being upon 605 the waters of this state in a derelict condition or as a public 606 nuisance, who, after notice as provided in this section, does 607 not remove such property within the specified period is shall be 608 liable to the law enforcement agency, other governmental entity, 609 or the agencys or entitys designee for all costs of removal, 610 storage, and destruction, and disposal of such property, less 611 any salvage value obtained by disposal of the property. Upon 612 final disposition of the property, the law enforcement officer 613 or representative of the law enforcement agency or other 614 governmental entity shall notify the owner or in the case of a 615 derelict vessel or vessel declared a public nuisance pursuant to 616 s. 327.73(1)(aa), the owner or other party determined to be 617 legally responsible, if known, of the amount owed. In the case 618 of an abandoned vessel or motor vehicle, any person who neglects 619 or refuses to pay such amount is not entitled to be issued a 620 certificate of registration for such vessel or motor vehicle, or 621 any other vessel or motor vehicle, until such costs have been 622 paid. A person who has neglected or refused to pay all costs of 623 removal, storage, disposal, and destruction of a vessel or motor 624 vehicle as provided in this section, after having been provided 625 written notice via certified mail that such costs are owed, and 626 who applies for and is issued a registration for a vessel or 627 motor vehicle before such costs have been paid in full commits a 628 misdemeanor of the first degree, punishable as provided in s. 629 775.082 or s. 775.083. The law enforcement officer or 630 representative of the law enforcement agency or other 631 governmental entity shall supply the Department of Highway 632 Safety and Motor Vehicles with a list of persons whose vessel 633 registration privileges and motor vehicle privileges have been 634 revoked under this subsection. The department or a person acting 635 as an agent of the department may not issue a certificate of 636 registration to a person whose vessel and motor vehicle 637 registration privileges have been revoked, as provided by this 638 subsection, until such costs have been paid. 639 Section 11.Effective July 1, 2023, paragraph (a) of 640 subsection (2) of section 705.103, Florida Statutes, as amended 641 by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 642 read: 643 705.103Procedure for abandoned or lost property. 644 (2)(a)1.Whenever a law enforcement officer ascertains 645 that: 646 a.An article of lost or abandoned property other than a 647 derelict vessel or a vessel declared a public nuisance pursuant 648 to s. 327.73(1)(aa) is present on public property and is of such 649 nature that it cannot be easily removed, the officer shall cause 650 a notice to be placed upon such article in substantially the 651 following form: 652 653 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 654 PROPERTY. This property, to wit: ...(setting forth brief 655 description)... is unlawfully upon public property known as 656 ...(setting forth brief description of location)... and must be 657 removed within 5 days; otherwise, it will be removed and 658 disposed of pursuant to chapter 705, Florida Statutes. The owner 659 will be liable for the costs of removal, storage, and 660 publication of notice. Dated this: ...(setting forth the date of 661 posting of notice)..., signed: ...(setting forth name, title, 662 address, and telephone number of law enforcement officer).... 663 664 b.A derelict vessel or a vessel declared a public nuisance 665 pursuant to s. 327.73(1)(aa) is present on the waters of this 666 state, the officer shall cause a notice to be placed upon such 667 vessel in substantially the following form: 668 669 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 670 VESSEL. This vessel, to wit: ...(setting forth brief description 671 of location)... has been determined to be ...(derelict or a 672 public nuisance)... and is unlawfully upon the waters of this 673 state ...(setting forth brief description of location)... and 674 must be removed within 21 days; otherwise, it will be removed 675 and disposed of pursuant to chapter 705, Florida Statutes. The 676 owner and other interested parties have the right to a hearing 677 to challenge the determination that this vessel is derelict or 678 otherwise in violation of the law. Please contact ...(contact 679 information for person who can arrange for a hearing in 680 accordance with this section)... The owner or the party 681 determined to be legally responsible for the vessel being upon 682 the waters of this state in a derelict condition or as a public 683 nuisance will be liable for the costs of removal, destruction, 684 and disposal if this vessel is not removed by the owner. Dated 685 this: ...(setting forth the date of posting of notice)..., 686 signed: ...(setting forth name, title, address, and telephone 687 number of law enforcement officer).... 688 689 2.The notices required under subparagraph 1. may not be 690 less than 8 inches by 10 inches and must shall be sufficiently 691 weatherproof to withstand normal exposure to the elements. In 692 addition to posting, the law enforcement officer shall make a 693 reasonable effort to ascertain the name and address of the 694 owner. If such is reasonably available to the officer, she or he 695 shall mail a copy of such notice to the owner on or before the 696 date of posting. If the property is a motor vehicle as defined 697 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 698 enforcement agency shall contact the Department of Highway 699 Safety and Motor Vehicles in order to determine the name and 700 address of the owner and any person who has filed a lien on the 701 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 702 328.15. On receipt of this information, the law enforcement 703 agency shall mail a copy of the notice by certified mail, return 704 receipt requested, to the owner and to the lienholder, if any, 705 except that a law enforcement officer who has issued a citation 706 for a violation of s. 376.15 or s. 823.11 to the owner of a 707 derelict vessel is not required to mail a copy of the notice by 708 certified mail, return receipt requested, to the owner. For a 709 derelict vessel or a vessel declared a public nuisance pursuant 710 to s. 327.73(1)(aa), the mailed notice must inform the owner or 711 responsible party that he or she has a right to a hearing to 712 dispute the determination that the vessel is derelict or 713 otherwise in violation of the law. If a request for a hearing is 714 made, a state agency shall follow the processes as set forth in 715 s. 120.569. Local governmental entities shall follow the 716 processes set forth in s. 120.569, except that a local judge, 717 magistrate, or code enforcement officer may be designated to 718 conduct such a hearing. If, at the end of 5 days after posting 719 the notice in sub-subparagraph 1.a., or at the end of 21 days 720 after posting the notice in sub-subparagraph 1.b., and mailing 721 such notice, if required, the owner or any person interested in 722 the lost or abandoned article or articles described has not 723 removed the article or articles from public property or shown 724 reasonable cause for failure to do so, and, in the case of a 725 derelict vessel or a vessel declared a public nuisance pursuant 726 to s. 327.73(1)(aa), has not requested a hearing in accordance 727 with this section, the following shall apply: 728 a.For abandoned property other than a derelict vessel or a 729 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 730 the law enforcement agency may retain any or all of the property 731 for its own use or for use by the state or unit of local 732 government, trade such property to another unit of local 733 government or state agency, donate the property to a charitable 734 organization, sell the property, or notify the appropriate 735 refuse removal service. 736 b.For a derelict vessel or a vessel declared a public 737 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 738 agency or its designee may: 739 (I)Remove the vessel from the waters of this state and 740 destroy and dispose of the vessel or authorize another 741 governmental entity or its designee to do so; or 742 (II)Authorize the vessels use as an artificial reef in 743 accordance with s. 379.249 if all necessary federal, state, and 744 local authorizations are received. 745 746 A law enforcement agency or its designee may also take action as 747 described in this sub-subparagraph if, following a hearing 748 pursuant to this section, the judge, magistrate, administrative 749 law judge, or hearing officer has determined the vessel to be 750 derelict as provided in s. 823.11 or otherwise in violation of 751 the law in accordance with s. 327.73(1)(aa) and a final order 752 has been entered or the case is otherwise closed. 753 Section 12.Present subsections (4), (5), and (6) of 754 section 823.11, Florida Statutes, are redesignated as 755 subsections (5), (6), and (7), respectively, a new subsection 756 (4) is added to that section, and subsection (1), paragraph (c) 757 of subsection (2), subsection (3), and present subsections (5) 758 and (6) of that section are amended, to read: 759 823.11Derelict vessels; relocation or removal; penalty. 760 (1)As used in this section and s. 376.15, the term: 761 (a)Commission means the Fish and Wildlife Conservation 762 Commission. 763 (b)Derelict vessel means a vessel, as defined in s. 764 327.02, that is: 765 1.In a wrecked, junked, or substantially dismantled 766 condition upon any waters of this state. 767 a.A vessel is wrecked if it is sunken or sinking; aground 768 without the ability to extricate itself absent mechanical 769 assistance; or remaining after a marine casualty, including, but 770 not limited to, a boating accident, extreme weather, or a fire. 771 b.A vessel is junked if it has been substantially stripped 772 of vessel components, if vessel components have substantially 773 degraded or been destroyed, or if the vessel has been discarded 774 by the owner or operator. Attaching an outboard motor to a 775 vessel that is otherwise junked will not cause the vessel to no 776 longer be junked if such motor is not an effective means of 777 propulsion as required by s. 327.4107(2)(e) and associated 778 rules. 779 c.A vessel is substantially dismantled if at least two of 780 the three following vessel systems or components are missing, 781 compromised, incomplete, inoperable, or broken: 782 (I)The steering system; 783 (II)The propulsion system; or 784 (III)The exterior hull integrity. 785 786 Attaching an outboard motor to a vessel that is otherwise 787 substantially dismantled will not cause the vessel to no longer 788 be substantially dismantled if such motor is not an effective 789 means of propulsion as required by s. 327.4107(2)(e) and 790 associated rules. 791 2.At a port in this state without the consent of the 792 agency having jurisdiction thereof. 793 3.Docked, grounded, or beached upon the property of 794 another without the consent of the owner of the property. 795 (c)Gross negligence means conduct so reckless or wanting 796 in care that it constitutes a conscious disregard or 797 indifference to the safety of the property exposed to such 798 conduct. 799 (d)Willful misconduct means conduct evidencing 800 carelessness or negligence of such a degree or recurrence as to 801 manifest culpability, wrongful intent, or evil design or to show 802 an intentional and substantial disregard of the interests of the 803 vessel owner. 804 (2) 805 (c)The additional time provided in subparagraph (b)2. for 806 an owner or responsible party to remove a derelict vessel from 807 the waters of this state or to repair and remedy the vessels 808 derelict condition This subsection does not apply to a vessel 809 that was derelict upon the waters of this state before the 810 stated accident or event. 811 (3)The commission, an officer of the commission, or a law 812 enforcement agency or officer specified in s. 327.70 may 813 relocate, remove, and store, destroy, or dispose of or cause to 814 be relocated, removed, and stored, destroyed, or disposed of a 815 derelict vessel from waters of this state as defined in s. 816 327.02 if the derelict vessel obstructs or threatens to obstruct 817 navigation or in any way constitutes a danger to the 818 environment, property, or persons. The commission, an officer of 819 the commission, or any other law enforcement agency or officer 820 acting pursuant to this subsection to relocate, remove, and 821 store, destroy, dispose of or cause to be relocated, removed, 822 and stored, destroyed, or disposed of a derelict vessel from 823 waters of this state shall be held harmless for all damages to 824 the derelict vessel resulting from such action unless the damage 825 results from gross negligence or willful misconduct. 826 (a)Removal of derelict vessels under this subsection may 827 be funded by grants provided in ss. 206.606 and 376.15. The 828 commission shall implement a plan for the procurement of any 829 available federal disaster funds and use such funds for the 830 removal of derelict vessels. 831 (b)All costs, including costs owed to a third party, 832 incurred by the commission, another law enforcement agency, or a 833 governmental subdivision, when the governmental subdivision has 834 received authorization from a law enforcement officer or agency, 835 in the relocation, removal, storage, destruction, or disposal of 836 a derelict vessel are recoverable against the vessel owner or 837 the party determined to be legally responsible for the vessel 838 being upon the waters of this state in a derelict condition. The 839 Department of Legal Affairs shall represent the commission in 840 actions to recover such costs. As provided in s. 705.103(4), a 841 person who neglects or refuses to pay such costs may not be 842 issued a certificate of registration for such vessel or for any 843 other vessel or motor vehicle until such costs have been paid. A 844 person who has neglected or refused to pay all costs of removal, 845 storage, destruction, or disposal of a derelict vessel as 846 provided in this section, after having been provided written 847 notice via certified mail that such costs are owed, and who 848 applies for and is issued a registration for a vessel or motor 849 vehicle before such costs have been paid in full commits a 850 misdemeanor of the first degree, punishable as provided in s. 851 775.082 or s. 775.083. 852 (b)(c)A contractor performing such activities at the 853 direction of the commission, an officer of the commission, a law 854 enforcement agency or officer, or a governmental subdivision, 855 when the governmental subdivision has received authorization for 856 the relocation or removal from a law enforcement officer or 857 agency, pursuant to this section must be licensed in accordance 858 with applicable United States Coast Guard regulations where 859 required; obtain and carry in full force and effect a policy 860 from a licensed insurance carrier in this state to insure 861 against any accident, loss, injury, property damage, or other 862 casualty caused by or resulting from the contractors actions; 863 and be properly equipped to perform the services to be provided. 864 (4)(a)Removal of derelict vessels under this subsection 865 may be funded by grants provided in s. 206.606. 866 (b)The commission may implement a plan for the procurement 867 of any available federal disaster funds and use such funds for 868 the removal of derelict vessels. 869 (c)The commission may establish a program to provide 870 grants to local governments for the removal, storage, 871 destruction, and disposal of derelict vessels from the waters of 872 this state. This grant funding may also be used for the removal, 873 storage, destruction, and disposal of vessels declared a public 874 nuisance pursuant to s. 327.73(1)(aa). The program must be 875 funded from the Marine Resources Conservation Trust Fund or the 876 Florida Coastal Protection Trust Fund. Notwithstanding s. 877 216.181(11), funds available for these grants may only be 878 authorized by appropriations acts of the Legislature. In a given 879 fiscal year, if all funds appropriated pursuant to this 880 paragraph are not requested by and granted to local governments 881 for the removal, storage, destruction, and disposal of derelict 882 vessels or vessels declared a public nuisance pursuant to s. 883 327.73(1)(aa) by the end of the third quarter, the Fish and 884 Wildlife Conservation Commission may use the remainder of the 885 funds to remove, store, destroy, and dispose of, or to pay 886 private contractors to remove, store, destroy, and dispose of, 887 derelict vessels or vessels declared a public nuisance pursuant 888 to s. 327.73(1)(aa). The commission shall adopt by rule 889 procedures for local governments to submit a grant application 890 and criteria for allocating available funds. Such criteria must 891 include, at a minimum, the following: 892 1.The number of derelict vessels within the jurisdiction 893 of the applicant. 894 2.The threat posed by such vessels to public health or 895 safety, the environment, navigation, or the aesthetic condition 896 of the general vicinity. 897 3.The degree of commitment of the local government to 898 maintain waters free of abandoned and derelict vessels and to 899 seek legal action against those who abandon vessels in the 900 waters of this state as defined in s. 327.02. 901 (6)(5)A person, firm, or corporation violating this 902 section commits a misdemeanor of the first degree and shall be 903 punished as provided by law. A conviction under this section 904 does not bar the assessment and collection of a the civil 905 penalty provided in s. 376.16 for violation of s. 376.15. The 906 court having jurisdiction over the criminal offense, 907 notwithstanding any jurisdictional limitations on the amount in 908 controversy, may order the imposition of such civil penalty in 909 addition to any sentence imposed for the first criminal offense. 910 (7)(6)If an owner or a responsible party of a vessel 911 determined to be derelict through an administrative or criminal 912 proceeding has been charged by an officer of the commission or 913 any law enforcement agency or officer as specified in s. 327.70 914 under subsection (6) (5) for a violation of subsection (2) or a 915 violation of s. 376.15(2), a person may not reside or dwell on 916 such vessel until the vessel is removed from the waters of the 917 state permanently or returned to the waters of the state in a 918 condition that is no longer derelict. 919 Section 13.Paragraph (p) of subsection (4) of section 920 934.50, Florida Statutes, is amended to read: 921 934.50Searches and seizure using a drone. 922 (4)EXCEPTIONS.This section does not prohibit the use of a 923 drone: 924 (p)By an a non-law enforcement employee of the Fish and 925 Wildlife Conservation Commission or of the Florida Forest 926 Service for the purposes of managing and eradicating invasive 927 exotic plants or animals on public lands and suppressing and 928 mitigating wildfire threats. 929 Section 14.Section 327.04, Florida Statutes, is amended to 930 read: 931 327.04Rules.The commission may adopt rules pursuant to 932 ss. 120.536(1) and 120.54 to implement this chapter, the 933 provisions of chapter 705 relating to vessels, and s. ss. 376.15 934 and 823.11 conferring powers or duties upon it. 935 Section 15.Subsection (4) of section 328.09, Florida 936 Statutes, is amended to read: 937 328.09Refusal to issue and authority to cancel a 938 certificate of title or registration. 939 (4)The department may not issue a certificate of title to 940 an applicant for a vessel that has been deemed derelict or a 941 public nuisance by a law enforcement officer under s. 942 327.73(1)(aa) or s. 376.15 or s. 823.11. A law enforcement 943 officer must inform the department in writing, which may be 944 provided by facsimile, e-mail electronic mail, or other 945 electronic means, of the vessels derelict or public nuisance 946 status and supply the department with the vessel title number or 947 vessel identification number. The department may issue a 948 certificate of title once a law enforcement officer has verified 949 in writing, which may be provided by facsimile, e-mail 950 electronic mail, or other electronic means, that the vessel is 951 no longer a derelict or public nuisance vessel. 952 Section 16.Section 25 of chapter 2021-184, Laws of 953 Florida, is repealed. 954 Section 17.Paragraph (c) of subsection (15) of section 955 328.72, Florida Statutes, is amended to read: 956 328.72Classification; registration; fees and charges; 957 surcharge; disposition of fees; fines; marine turtle stickers. 958 (15)DISTRIBUTION OF FEES.Except as provided in this 959 subsection, moneys designated for the use of the counties, as 960 specified in subsection (1), shall be distributed by the tax 961 collector to the board of county commissioners for use only as 962 provided in this section. Such moneys to be returned to the 963 counties are for the sole purposes of providing, maintaining, or 964 operating recreational channel marking and other uniform 965 waterway markers, public boat ramps, lifts, and hoists, marine 966 railways, boat piers, docks, mooring buoys, and other public 967 launching facilities; and removing derelict vessels, debris that 968 specifically impedes boat access, not including the dredging of 969 channels, and vessels and floating structures deemed a hazard to 970 public safety and health for failure to comply with s. 327.53. 971 Counties shall demonstrate through an annual detailed accounting 972 report of vessel registration revenues that the registration 973 fees were spent as provided in this subsection. This report 974 shall be provided to the Fish and Wildlife Conservation 975 Commission no later than November 1 of each year. If, before 976 January 1 of each calendar year, the accounting report meeting 977 the prescribed criteria has still not been provided to the 978 commission, the tax collector of that county may not distribute 979 the moneys designated for the use of counties, as specified in 980 subsection (1), to the board of county commissioners but shall, 981 for the next calendar year, remit such moneys to the state for 982 deposit into the Marine Resources Conservation Trust Fund. The 983 commission shall return those moneys to the county if the county 984 fully complies with this section within that calendar year. If 985 the county does not fully comply with this section within that 986 calendar year, the moneys shall remain within the Marine 987 Resources Trust Fund and may be appropriated for the purposes 988 specified in this subsection. 989 (c)From the vessel registration fees designated for use by 990 the counties in subsection (1), the following amounts shall be 991 remitted to the state for deposit into the Marine Resources 992 Conservation Trust Fund to fund derelict vessel removal grants, 993 as appropriated by the Legislature pursuant to s. 823.11(4)(c) 994 s. 376.15: 995 1.Class A-2: $0.25 for each 12-month period registered. 996 2.Class 1: $2.06 for each 12-month period registered. 997 3.Class 2: $9.26 for each 12-month period registered. 998 4.Class 3: $16.45 for each 12-month period registered. 999 5.Class 4: $20.06 for each 12-month period registered. 1000 6.Class 5: $25.46 for each 12-month period registered. 1001 Section 18.Paragraph (h) of subsection (6) of section 1002 376.11, Florida Statutes, is amended to read: 1003 376.11Florida Coastal Protection Trust Fund. 1004 (6)Moneys in the Florida Coastal Protection Trust Fund may 1005 be used for the following purposes: 1006 (h)The funding of a grant program to local governments, 1007 pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the 1008 removal of derelict and public nuisance vessels from the public 1009 waters of the state. 1010 Section 19.For the purpose of incorporating the amendment 1011 made by this act to section 327.371, Florida Statutes, in a 1012 reference thereto, paragraph (dd) of subsection (1) of section 1013 327.73, Florida Statutes, is reenacted to read: 1014 327.73Noncriminal infractions. 1015 (1)Violations of the following provisions of the vessel 1016 laws of this state are noncriminal infractions: 1017 (dd)Section 327.371, relating to the regulation of human 1018 powered vessels. 1019 1020 Any person cited for a violation of any provision of this 1021 subsection shall be deemed to be charged with a noncriminal 1022 infraction, shall be cited for such an infraction, and shall be 1023 cited to appear before the county court. The civil penalty for 1024 any such infraction is $50, except as otherwise provided in this 1025 section. Any person who fails to appear or otherwise properly 1026 respond to a uniform boating citation shall, in addition to the 1027 charge relating to the violation of the boating laws of this 1028 state, be charged with the offense of failing to respond to such 1029 citation and, upon conviction, be guilty of a misdemeanor of the 1030 second degree, punishable as provided in s. 775.082 or s. 1031 775.083. A written warning to this effect shall be provided at 1032 the time such uniform boating citation is issued. 1033 Section 20.For the purpose of incorporating the amendment 1034 made by this act to section 379.101, Florida Statutes, in a 1035 reference thereto, subsection (4) of section 125.01, Florida 1036 Statutes, is reenacted to read: 1037 125.01Powers and duties. 1038 (4)The legislative and governing body of a county shall 1039 not have the power to regulate the taking or possession of 1040 saltwater fish, as defined in s. 379.101, with respect to the 1041 method of taking, size, number, season, or species. However, 1042 this subsection does not prohibit a county from prohibiting, for 1043 reasons of protecting the public health, safety, or welfare, 1044 saltwater fishing from real property owned by that county, nor 1045 does it prohibit the imposition of excise taxes by county 1046 ordinance. 1047 Section 21.For the purpose of incorporating the amendment 1048 made by this act to section 379.101, Florida Statutes, in a 1049 reference thereto, section 379.2412, Florida Statutes, is 1050 reenacted to read: 1051 379.2412State preemption of power to regulate.The power 1052 to regulate the taking or possession of saltwater fish, as 1053 defined in s. 379.101, is expressly reserved to the state. This 1054 section does not prohibit a local government from prohibiting, 1055 for reasons of protecting the public health, safety, or welfare, 1056 saltwater fishing from real property owned by that local 1057 government. 1058 Section 22.Except as otherwise expressly provided in this 1059 act, this act shall take effect July 1, 2022.