ENROLLED 2022 Legislature CS for CS for SB 494, 2nd Engrossed 2022494er 1 2 An act relating to the Fish and Wildlife Conservation 3 Commission; amending s. 259.105, F.S.; providing 4 legislative findings; requiring lead land managing 5 agencies, in consultation with the Fish and Wildlife 6 Conservation Commission, to consider the use of state 7 lands as gopher tortoise recipient sites in certain 8 management plans; requiring certain management plans 9 to include feasibility assessments for managing gopher 10 tortoise recipient sites; authorizing owners of 11 certain lands to establish gopher tortoise recipient 12 sites or conservation banks on the lands under certain 13 conditions; requiring the commission to streamline and 14 improve the review of gopher tortoise recipient site 15 applications and approve or deny such applications 16 within a specified timeframe; requiring the 17 commission, subject to appropriation, to encourage the 18 establishment of gopher tortoise recipient sites on 19 private lands and to create an online dashboard for 20 certain gopher tortoise recipient site information; 21 requiring the commission to submit a report on gopher 22 tortoise recipient sites to the Legislature by a 23 specified date; providing report requirements; 24 amending ss. 327.352 and 327.35215, F.S.; revising the 25 notices a person must be given for failure to submit 26 to certain tests for alcohol, chemical substances, or 27 controlled substances; making technical changes; 28 amending s. 327.371, F.S.; authorizing individuals, 29 when participating in certain athletic team practices 30 or competitions, to operate a human-powered vessel 31 within the marked channel of the Florida Intracoastal 32 Waterway under certain circumstances; requiring the 33 commission to be notified of any such competition; 34 providing notice requirements; amending s. 327.4107, 35 F.S.; revising the vessel conditions that an officer 36 of the commission or a law enforcement agency may use 37 to determine that a vessel is at risk of becoming 38 derelict; amending s. 327.46, F.S.; prohibiting 39 municipalities and counties from designating certain 40 waters adjacent to designated public bathing beaches 41 or swim areas as vessel exclusion zones; repealing s. 42 376.15, F.S., relating to derelict vessels and the 43 relocation and removal of such vessels from the waters 44 of this state; amending s. 379.101, F.S.; revising the 45 definitions of the terms marine fish and saltwater 46 fish; amending s. 705.101, F.S.; revising the 47 definition of the term abandoned property to include 48 vessels declared to be a public nuisance; amending s. 49 705.103, F.S.; clarifying the notice requirements and 50 procedures for vessels declared to be public 51 nuisances; conforming a provision to changes made by 52 the act; amending s. 823.11, F.S.; making technical 53 changes; authorizing the commission to establish a 54 program to provide grants to local governments for 55 certain actions regarding derelict vessels and those 56 declared to be a public nuisance; specifying sources 57 for the funds to be used, subject to an appropriation; 58 authorizing the commission to use funds not awarded as 59 grants for certain purposes; requiring the commission 60 to adopt rules for the grant applications and the 61 criteria for allocating the funds; conforming 62 provisions to changes made by the act; amending s. 63 934.50, F.S.; providing that all employees of the 64 commission or the Florida Forest Service may operate 65 drones for specified purposes; amending ss. 327.04, 66 328.09, 328.72, and 376.11, F.S.; conforming 67 provisions to changes made by the act; repealing s. 68 25, chapter 2021-184, Laws of Florida, relating to 69 derelict vessels; reenacting s. 327.73(1)(dd), F.S., 70 relating to noncriminal boating infractions, to 71 incorporate the amendment made to s. 327.371, F.S., in 72 a reference thereto; reenacting ss. 125.01(4) and 73 379.2412, F.S., relating to powers and duties of 74 legislative and governing bodies of counties and state 75 preemption of the regulating of taking or possessing 76 saltwater fish, respectively, to incorporate the 77 amendment made to s. 379.101, F.S., in references 78 thereto; providing effective dates. 79 80 Be It Enacted by the Legislature of the State of Florida: 81 82 Section 1.Paragraphs (a) and (b) of subsection (2) of 83 section 259.105, Florida Statutes, are amended to read: 84 259.105The Florida Forever Act. 85 (2)(a)The Legislature finds and declares that: 86 1.Land acquisition programs have provided tremendous 87 financial resources for purchasing environmentally significant 88 lands to protect those lands from imminent development or 89 alteration, thereby ensuring present and future generations 90 access to important waterways, open spaces, and recreation and 91 conservation lands. 92 2.The continued alteration and development of the states 93 natural and rural areas to accommodate the states growing 94 population have contributed to the degradation of water 95 resources, the fragmentation and destruction of wildlife 96 habitats, the loss of outdoor recreation space, and the 97 diminishment of wetlands, forests, working landscapes, and 98 coastal open space. 99 3.The potential development of the states remaining 100 natural areas and escalation of land values require government 101 efforts to restore, bring under public protection, or acquire 102 lands and water areas to preserve the states essential 103 ecological functions and invaluable quality of life. 104 4.It is essential to protect the states ecosystems by 105 promoting a more efficient use of land, to ensure opportunities 106 for viable agricultural activities on working lands, and to 107 promote vital rural and urban communities that support and 108 produce development patterns consistent with natural resource 109 protection. 110 5.The states groundwater, surface waters, and springs are 111 under tremendous pressure due to population growth and economic 112 expansion and require special protection and restoration 113 efforts, including the protection of uplands and springsheds 114 that provide vital recharge to aquifer systems and are critical 115 to the protection of water quality and water quantity of the 116 aquifers and springs. To ensure that sufficient quantities of 117 water are available to meet the current and future needs of the 118 natural systems and citizens of the state, and assist in 119 achieving the planning goals of the department and the water 120 management districts, water resource development projects on 121 public lands, if compatible with the resource values of and 122 management objectives for the lands, are appropriate. 123 6.The needs of urban, suburban, and small communities in 124 the state for high-quality outdoor recreational opportunities, 125 greenways, trails, and open space have not been fully met by 126 previous acquisition programs. Through such programs as the 127 Florida Communities Trust and the Florida Recreation Development 128 Assistance Program, the state shall place additional emphasis on 129 acquiring, protecting, preserving, and restoring open space, 130 ecological greenways, and recreation properties within urban, 131 suburban, and rural areas where pristine natural communities or 132 water bodies no longer exist because of the proximity of 133 developed property. 134 7.Many of the states unique ecosystems, such as the 135 Florida Everglades, are facing ecological collapse due to the 136 states burgeoning population growth and other economic 137 activities. To preserve these valuable ecosystems for future 138 generations, essential parcels of land must be acquired to 139 facilitate ecosystem restoration. 140 8.Access to public lands to support a broad range of 141 outdoor recreational opportunities and the development of 142 necessary infrastructure, if compatible with the resource values 143 of and management objectives for such lands, promotes an 144 appreciation for the states natural assets and improves the 145 quality of life. 146 9.Acquisition of lands, in fee simple, less than fee 147 interest, or other techniques shall be based on a comprehensive 148 science-based assessment of the states natural resources which 149 targets essential conservation lands by prioritizing all current 150 and future acquisitions based on a uniform set of data and 151 planned so as to protect the integrity and function of 152 ecological systems and working landscapes, and provide multiple 153 benefits, including preservation of fish and wildlife habitat, 154 recreation space for urban and rural areas, and the restoration 155 of natural water storage, flow, and recharge. 156 10.The state has embraced performance-based program 157 budgeting as a tool to evaluate the achievements of publicly 158 funded agencies, build in accountability, and reward those 159 agencies which are able to consistently achieve quantifiable 160 goals. While previous and existing state environmental programs 161 have achieved varying degrees of success, few of these programs 162 can be evaluated as to the extent of their achievements, 163 primarily because performance measures, standards, outcomes, and 164 goals were not established at the outset. Therefore, the Florida 165 Forever program shall be developed and implemented in the 166 context of measurable state goals and objectives. 167 11.a.The state must play a major role in the recovery and 168 management of its imperiled species through the acquisition, 169 restoration, enhancement, and management of ecosystems that can 170 support the major life functions of such species. It is the 171 intent of the Legislature to support local, state, and federal 172 programs that result in net benefit to imperiled species habitat 173 by providing public and private land owners meaningful 174 incentives for acquiring, restoring, managing, and repopulating 175 habitats for imperiled species. It is the further intent of the 176 Legislature that public lands, both existing and to be acquired, 177 identified by the lead land managing agency, in consultation 178 with the Fish and Wildlife Conservation Commission for animals 179 or the Department of Agriculture and Consumer Services for 180 plants, as habitat or potentially restorable habitat for 181 imperiled species, be restored, enhanced, managed, and 182 repopulated as habitat for such species to advance the goals and 183 objectives of imperiled species management for conservation, 184 recreation, or both, consistent with the land management plan 185 without restricting other uses identified in the management 186 plan. It is also the intent of the Legislature that of the 187 proceeds distributed pursuant to subsection (3), additional 188 consideration be given to acquisitions that achieve a 189 combination of conservation goals, including the restoration, 190 enhancement, management, or repopulation of habitat for 191 imperiled species. The council, in addition to the criteria in 192 subsection (9), shall give weight to projects that include 193 acquisition, restoration, management, or repopulation of habitat 194 for imperiled species. The term imperiled species as used in 195 this chapter and chapter 253, means plants and animals that are 196 federally listed under the Endangered Species Act, or state 197 listed by the Fish and Wildlife Conservation Commission or the 198 Department of Agriculture and Consumer Services. As part of the 199 states role, all state lands that have imperiled species 200 habitat shall include as a consideration in management plan 201 development the restoration, enhancement, management, and 202 repopulation of such habitats. In addition, the lead land 203 managing agency of such state lands may use fees received from 204 public or private entities for projects to offset adverse 205 impacts to imperiled species or their habitat in order to 206 restore, enhance, manage, repopulate, or acquire land and to 207 implement land management plans developed under s. 253.034 or a 208 land management prospectus developed and implemented under this 209 chapter. Such fees shall be deposited into a foundation or fund 210 created by each land management agency under s. 379.223, s. 211 589.012, or s. 259.032(9)(c), to be used solely to restore, 212 manage, enhance, repopulate, or acquire imperiled species 213 habitat. 214 b.The Legislature recognizes that there have been 215 geographical and capacity constraints on available gopher 216 tortoise recipient sites that have coincided with increased 217 demands for such sites. The Legislature also recognizes that the 218 success of gopher tortoise conservation depends on participation 219 by privately owned lands and the use of appropriate public lands 220 for gopher tortoise and other imperiled species management and 221 recovery. To encourage adequate capacity for relocating gopher 222 tortoises, each lead land managing agency, in consultation with 223 the Fish and Wildlife Conservation Commission, shall consider 224 the feasibility of using a portion of state lands as a gopher 225 tortoise recipient site in management plans for all state lands 226 under the management of the agency that are greater than 40 227 contiguous acres. If the lead land managing agency, in 228 consultation with the Fish and Wildlife Conservation Commission, 229 determines that gopher tortoise recipient site management does 230 not conflict with the primary management objectives of the 231 lands, the management plan must contain a component prepared by 232 the agency or cooperatively with a Fish and Wildlife 233 Conservation Commission wildlife biologist that assesses the 234 feasibility of managing the lands as a recipient site for gopher 235 tortoises consistent with rules of the Fish and Wildlife 236 Conservation Commission. The feasibility assessment by the lead 237 land managing agency must also evaluate the economic feasibility 238 of establishing a gopher tortoise recipient site, including the 239 initial cost and recurring management costs of operating the 240 gopher tortoise recipient site consistent with the rules of the 241 Fish and Wildlife Conservation Commission and the revenue 242 projections necessary to ensure the initial and recurring costs 243 of establishing and perpetually maintaining the gopher tortoise 244 recipient site do not create an increased recurring expense for 245 the agency. 246 12.There is a need to change the focus and direction of 247 the states major land acquisition programs and to extend 248 funding and bonding capabilities, so that future generations may 249 enjoy the natural resources of this state. 250 (b)The Legislature recognizes that acquisition of lands in 251 fee simple is only one way to achieve the aforementioned goals 252 and encourages the use of less-than-fee interests, other 253 techniques, and the development of creative partnerships between 254 governmental agencies and private landowners. Such partnerships 255 may include those that advance the restoration, enhancement, 256 management, or repopulation of imperiled species habitat on 257 state lands as provided for in subparagraph (a)11. Easements 258 acquired pursuant to s. 570.71(2)(a) and (b), land protection 259 agreements, and nonstate funded tools such as rural land 260 stewardship areas, sector planning, gopher tortoise recipient 261 sites, and mitigation should be used, where appropriate, to 262 bring environmentally sensitive tracts under an acceptable level 263 of protection at a lower financial cost to the public, and to 264 provide private landowners with the opportunity to enjoy and 265 benefit from their property. The owner of lands where a 266 conservation easement or other less-than-fee interest has been 267 acquired by the board or another state agency or a regional or 268 local government may establish a recipient site or conservation 269 bank on the lands to advance the restoration, enhancement, 270 management, or repopulation of imperiled species habitat so long 271 as the recipient site or operation and maintenance of the 272 conservation bank does not interfere with the management plan 273 for the conservation easement and the landowner complies with 274 all state and federal permitting requirements for the recipient 275 site or conservation bank. 276 Section 2.(1)By December 31, 2022, the Fish and Wildlife 277 Conservation Commission shall streamline and improve the review 278 of applications for public and private gopher tortoise recipient 279 sites. Requests for additional information must be received by 280 the applicant within 45 days after receipt of an application and 281 the commission shall approve or deny a complete application 282 within 45 days after receipt of such application. 283 (2)By October 31, 2023, subject to appropriation, the Fish 284 and Wildlife Conservation Commission shall: 285 (a)Establish an ongoing effort to encourage the 286 establishment of new gopher tortoise recipient sites on private 287 lands throughout the state; and 288 (b)Update its permitting systems to create an online 289 dashboard to show permitted and available capacity for 290 reservations in permitted gopher tortoise recipient sites to 291 assist with the efficient relocation of gopher tortoises. 292 (3)By February 1, 2023, the Fish and Wildlife Conservation 293 Commission shall submit a report to the President of the Senate 294 and the Speaker of the House of Representatives that includes 295 the following information: 296 (a)The progress made in establishing new private and 297 public gopher tortoise recipient sites; 298 (b)The average time it takes to approve or deny a 299 recipient site application once a complete application is 300 received; 301 (c)Any federal action taken to modify the listing of the 302 gopher tortoise under the Endangered Species Act; and 303 (d)Any other information relevant to the gopher tortoise 304 conservation program. 305 Section 3.Paragraphs (a) and (c) of subsection (1) of 306 section 327.352, Florida Statutes, are amended to read: 307 327.352Tests for alcohol, chemical substances, or 308 controlled substances; implied consent; refusal. 309 (1)(a)1.The Legislature declares that the operation of a 310 vessel is a privilege that must be exercised in a reasonable 311 manner. In order to protect the public health and safety, it is 312 essential that a lawful and effective means of reducing the 313 incidence of boating while impaired or intoxicated be 314 established. Therefore, a person who accepts the privilege 315 extended by the laws of this state of operating a vessel within 316 this state is, by operating such vessel, deemed to have given 317 his or her consent to submit to an approved chemical test or 318 physical test including, but not limited to, an infrared light 319 test of his or her breath for the purpose of determining the 320 alcoholic content of his or her blood or breath if the person is 321 lawfully arrested for any offense allegedly committed while the 322 person was operating a vessel while under the influence of 323 alcoholic beverages. The chemical or physical breath test must 324 be incidental to a lawful arrest and administered at the request 325 of a law enforcement officer who has reasonable cause to believe 326 such person was operating the vessel within this state while 327 under the influence of alcoholic beverages. The administration 328 of a breath test does not preclude the administration of another 329 type of test. The person shall be told that his or her failure 330 to submit to any lawful test of his or her breath under this 331 chapter will result in a civil penalty of $500, and shall also 332 be told that if he or she refuses to submit to a lawful test of 333 his or her breath and he or she has been previously fined under 334 s. 327.35215 or has previously had his or her driving privilege 335 has been previously driver license suspended for refusal to 336 submit to any lawful test of his or her breath, urine, or blood, 337 he or she commits a misdemeanor of the first degree, punishable 338 as provided in s. 775.082 or s. 775.083, in addition to any 339 other penalties provided by law. The refusal to submit to a 340 chemical or physical breath test upon the request of a law 341 enforcement officer as provided in this section is admissible 342 into evidence in any criminal proceeding. 343 2.A person who accepts the privilege extended by the laws 344 of this state of operating a vessel within this state is, by 345 operating such vessel, deemed to have given his or her consent 346 to submit to a urine test for the purpose of detecting the 347 presence of chemical substances as set forth in s. 877.111 or 348 controlled substances if the person is lawfully arrested for any 349 offense allegedly committed while the person was operating a 350 vessel while under the influence of chemical substances or 351 controlled substances. The urine test must be incidental to a 352 lawful arrest and administered at a detention facility or any 353 other facility, mobile or otherwise, which is equipped to 354 administer such tests at the request of a law enforcement 355 officer who has reasonable cause to believe such person was 356 operating a vessel within this state while under the influence 357 of chemical substances or controlled substances. The urine test 358 must shall be administered at a detention facility or any other 359 facility, mobile or otherwise, which is equipped to administer 360 such test in a reasonable manner that will ensure the accuracy 361 of the specimen and maintain the privacy of the individual 362 involved. The administration of a urine test does not preclude 363 the administration of another type of test. The person shall be 364 told that his or her failure to submit to any lawful test of his 365 or her urine under this chapter will result in a civil penalty 366 of $500, and shall also be told that if he or she refuses to 367 submit to a lawful test of his or her urine and he or she has 368 been previously fined under s. 327.35215 or has previously had 369 his or her driving privilege has been previously driver license 370 suspended for refusal to submit to any lawful test of his or her 371 breath, urine, or blood, he or she commits a misdemeanor of the 372 first degree, punishable as provided in s. 775.082 or s. 373 775.083, in addition to any other penalties provided by law. The 374 refusal to submit to a urine test upon the request of a law 375 enforcement officer as provided in this section is admissible 376 into evidence in any criminal proceeding. 377 (c)A person who accepts the privilege extended by the laws 378 of this state of operating a vessel within this state is, by 379 operating such vessel, deemed to have given his or her consent 380 to submit to an approved blood test for the purpose of 381 determining the alcoholic content of the blood or a blood test 382 for the purpose of determining the presence of chemical 383 substances or controlled substances as provided in this section 384 if there is reasonable cause to believe the person was operating 385 a vessel while under the influence of alcoholic beverages or 386 chemical or controlled substances and the person appears for 387 treatment at a hospital, clinic, or other medical facility and 388 the administration of a breath or urine test is impractical or 389 impossible. As used in this paragraph, the term other medical 390 facility includes an ambulance or other medical emergency 391 vehicle. The blood test must shall be performed in a reasonable 392 manner. A person who is incapable of refusal by reason of 393 unconsciousness or other mental or physical condition is deemed 394 not to have withdrawn his or her consent to such test. A person 395 who is capable of refusal shall be told that his or her failure 396 to submit to such a blood test will result in a civil penalty of 397 $500. The refusal to submit to a blood test upon the request of 398 a law enforcement officer is shall be admissible in evidence in 399 any criminal proceeding. 400 Section 4.Subsections (1) and (2) of section 327.35215, 401 Florida Statutes, are amended to read: 402 327.35215Penalty for failure to submit to test. 403 (1)A person who is lawfully arrested for an alleged 404 violation of s. 327.35 and who refuses to submit to a blood 405 test, breath test, or urine test pursuant to s. 327.352 is 406 subject to a civil penalty of $500. 407 (2)When a person refuses to submit to a blood test, breath 408 test, or urine test pursuant to s. 327.352, a law enforcement 409 officer who is authorized to make arrests for violations of this 410 chapter shall file with the clerk of the court, on a form 411 provided by the commission department, a certified statement 412 that probable cause existed to arrest the person for a violation 413 of s. 327.35 and that the person refused to submit to a test as 414 required by s. 327.352. Along with the statement, the officer 415 shall must also submit a sworn statement on a form provided by 416 the commission department that the person has been advised of 417 both the penalties for failure to submit to the blood, breath, 418 or urine test and the procedure for requesting a hearing. 419 Section 5.Present paragraph (c) of subsection (1) of 420 section 327.371, Florida Statutes, is redesignated as paragraph 421 (d), and a new paragraph (c) is added to that subsection, to 422 read: 423 327.371Human-powered vessels regulated. 424 (1)A person may operate a human-powered vessel within the 425 boundaries of the marked channel of the Florida Intracoastal 426 Waterway as defined in s. 327.02: 427 (c)When participating in practices or competitions for 428 interscholastic, intercollegiate, intramural, or club rowing 429 teams affiliated with an educational institution identified in 430 s. 1000.21, s. 1002.01(2), s. 1003.01(2), s. 1005.02(4), or s. 431 1005.03(1)(d), if the adjacent area outside of the marked 432 channel is not suitable for such practice or competition. The 433 teams must use their best efforts to make use of the adjacent 434 area outside of the marked channel. The commission must be 435 notified in writing of the details of any such competition, and 436 the notification must include, but need not be limited to, the 437 date, time, and location of the competition. 438 Section 6.Paragraph (f) is added to subsection (2) of 439 section 327.4107, Florida Statutes, to read: 440 327.4107Vessels at risk of becoming derelict on waters of 441 this state. 442 (2)An officer of the commission or of a law enforcement 443 agency specified in s. 327.70 may determine that a vessel is at 444 risk of becoming derelict if any of the following conditions 445 exist: 446 (f)The vessel is tied to an unlawful or unpermitted 447 structure or mooring. 448 Section 7.Paragraph (b) of subsection (1) of section 449 327.46, Florida Statutes, is amended to read: 450 327.46Boating-restricted areas. 451 (1)Boating-restricted areas, including, but not limited 452 to, restrictions of vessel speeds and vessel traffic, may be 453 established on the waters of this state for any purpose 454 necessary to protect the safety of the public if such 455 restrictions are necessary based on boating accidents, 456 visibility, hazardous currents or water levels, vessel traffic 457 congestion, or other navigational hazards or to protect 458 seagrasses on privately owned submerged lands. 459 (b)Municipalities and counties may establish the following 460 boating-restricted areas by ordinance, including, 461 notwithstanding the prohibition in s. 327.60(2)(c), within the 462 portion of the Florida Intracoastal Waterway within their 463 jurisdiction: 464 1.An ordinance establishing an idle speed, no wake 465 boating-restricted area, if the area is: 466 a.Within 500 feet of any boat ramp, hoist, marine railway, 467 or other launching or landing facility available for use by the 468 general boating public on waterways more than 300 feet in width 469 or within 300 feet of any boat ramp, hoist, marine railway, or 470 other launching or landing facility available for use by the 471 general boating public on waterways not exceeding 300 feet in 472 width. 473 b.Within 500 feet of fuel pumps or dispensers at any 474 marine fueling facility that sells motor fuel to the general 475 boating public on waterways more than 300 feet in width or 476 within 300 feet of the fuel pumps or dispensers at any licensed 477 terminal facility that sells motor fuel to the general boating 478 public on waterways not exceeding 300 feet in width. 479 c.Inside or within 300 feet of any lock structure. 480 2.An ordinance establishing a slow speed, minimum wake 481 boating-restricted area if the area is: 482 a.Within 300 feet of any bridge fender system. 483 b.Within 300 feet of any bridge span presenting a vertical 484 clearance of less than 25 feet or a horizontal clearance of less 485 than 100 feet. 486 c.On a creek, stream, canal, or similar linear waterway if 487 the waterway is less than 75 feet in width from shoreline to 488 shoreline. 489 d.On a lake or pond of less than 10 acres in total surface 490 area. 491 e.Within the boundaries of a permitted public mooring 492 field and a buffer around the mooring field of up to 100 feet. 493 3.An ordinance establishing a vessel-exclusion zone if the 494 area is: 495 a.Designated as a public bathing beach or swim area, 496 except that such areas may not be created on waters that include 497 any portion of the Florida Intracoastal Waterway or that are 498 within 100 feet of the marked channel of the Florida 499 Intracoastal Waterway. 500 b.Within 300 feet of a dam, spillway, or flood control 501 structure. 502 503 Vessel exclusion zones created pursuant to this subparagraph 504 must be marked with uniform waterway markers permitted by the 505 commission in accordance with this chapter. Such zones may not 506 be marked by ropes. 507 Section 8.Section 376.15, Florida Statutes, is repealed. 508 Section 9.Subsections (22) and (34) of section 379.101, 509 Florida Statutes, are amended to read: 510 379.101Definitions.In construing these statutes, where 511 the context does not clearly indicate otherwise, the word, 512 phrase, or term: 513 (22)Marine fish means any saltwater species of finfish 514 of the classes Agnatha, Chondrichthyes, and Osteichthyes, and 515 marine invertebrates of in the classes Gastropoda and, Bivalvia, 516 the subphylum and Crustacea, or the phylum Echinodermata; 517 however, the term but does not include nonliving shells or 518 echinoderms. 519 (34)Saltwater fish means: 520 (a)Any saltwater species of finfish of the classes 521 Agnatha, Chondrichthyes, or Osteichthyes and marine 522 invertebrates of the classes Gastropoda and, Bivalvia, the 523 subphylum or Crustacea, or of the phylum Echinodermata; however, 524 the term but does not include nonliving shells or echinoderms; 525 and 526 (b)All classes of pisces, shellfish, sponges, and 527 crustaceans crustacea native to salt water. 528 Section 10.Subsection (3) of section 705.101, Florida 529 Statutes, is amended to read: 530 705.101Definitions.As used in this chapter: 531 (3)Abandoned property means all tangible personal 532 property that does not have an identifiable owner and that has 533 been disposed on public property in a wrecked, inoperative, or 534 partially dismantled condition or has no apparent intrinsic 535 value to the rightful owner. The term includes derelict vessels 536 as defined in s. 823.11 and vessels declared a public nuisance 537 pursuant to s. 327.73(1)(aa). 538 Section 11.Paragraph (a) of subsection (2) and subsection 539 (4) of section 705.103, Florida Statutes, are amended to read: 540 705.103Procedure for abandoned or lost property. 541 (2)(a)1.Whenever a law enforcement officer ascertains 542 that: 543 a.An article of lost or abandoned property other than a 544 derelict vessel or a vessel declared a public nuisance pursuant 545 to s. 327.73(1)(aa) is present on public property and is of such 546 nature that it cannot be easily removed, the officer shall cause 547 a notice to be placed upon such article in substantially the 548 following form: 549 550 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 551 PROPERTY. This property, to wit: ...(setting forth brief 552 description)... is unlawfully upon public property known as 553 ...(setting forth brief description of location)... and must be 554 removed within 5 days; otherwise, it will be removed and 555 disposed of pursuant to chapter 705, Florida Statutes. The owner 556 will be liable for the costs of removal, storage, and 557 publication of notice. Dated this: ...(setting forth the date of 558 posting of notice)..., signed: ...(setting forth name, title, 559 address, and telephone number of law enforcement officer).... 560 561 b.A derelict vessel or a vessel declared a public nuisance 562 pursuant to s. 327.73(1)(aa) is present on the waters of this 563 state, the officer shall cause a notice to be placed upon such 564 vessel in substantially the following form: 565 566 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 567 VESSEL. This vessel, to wit: ...(setting forth brief 568 description)... has been determined to be ...(derelict or a 569 public nuisance)... and is unlawfully upon waters of this state 570 ...(setting forth brief description of location)... and must be 571 removed within 21 days; otherwise, it will be removed and 572 disposed of pursuant to chapter 705, Florida Statutes. The owner 573 and other interested parties have the right to a hearing to 574 challenge the determination that this vessel is derelict or 575 otherwise in violation of the law. Please contact ...(contact 576 information for person who can arrange for a hearing in 577 accordance with this section).... The owner or the party 578 determined to be legally responsible for the vessel being upon 579 the waters of this state in a derelict condition or as a public 580 nuisance will be liable for the costs of removal, destruction, 581 and disposal if this vessel is not removed by the owner. Dated 582 this: ...(setting forth the date of posting of notice)..., 583 signed: ...(setting forth name, title, address, and telephone 584 number of law enforcement officer).... 585 586 2.The notices required under subparagraph 1. may not be 587 less than 8 inches by 10 inches and must shall be sufficiently 588 weatherproof to withstand normal exposure to the elements. In 589 addition to posting, the law enforcement officer shall make a 590 reasonable effort to ascertain the name and address of the 591 owner. If such is reasonably available to the officer, she or he 592 shall mail a copy of such notice to the owner on or before the 593 date of posting. If the property is a motor vehicle as defined 594 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 595 enforcement agency shall contact the Department of Highway 596 Safety and Motor Vehicles in order to determine the name and 597 address of the owner and any person who has filed a lien on the 598 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 599 328.15(1). On receipt of this information, the law enforcement 600 agency shall mail a copy of the notice by certified mail, return 601 receipt requested, to the owner and to the lienholder, if any, 602 except that a law enforcement officer who has issued a citation 603 for a violation of s. 376.15 or s. 823.11 to the owner of a 604 derelict vessel is not required to mail a copy of the notice by 605 certified mail, return receipt requested, to the owner. For a 606 derelict vessel or a vessel declared a public nuisance pursuant 607 to s. 327.73(1)(aa), the mailed notice must inform the owner or 608 responsible party that he or she has a right to a hearing to 609 dispute the determination that the vessel is derelict or 610 otherwise in violation of the law. If a request for a hearing is 611 made, a state agency shall follow the processes set forth in s. 612 120.569. Local governmental entities shall follow the processes 613 set forth in s. 120.569, except that a local judge, magistrate, 614 or code enforcement officer may be designated to conduct such a 615 hearing. If, at the end of 5 days after posting the notice in 616 sub-subparagraph 1.a., or at the end of 21 days after posting 617 the notice in sub-subparagraph 1.b., and mailing such notice, if 618 required, the owner or any person interested in the lost or 619 abandoned article or articles described has not removed the 620 article or articles from public property or shown reasonable 621 cause for failure to do so, and, in the case of a derelict 622 vessel or a vessel declared a public nuisance pursuant to s. 623 327.73(1)(aa), has not requested a hearing in accordance with 624 this section, the following shall apply: 625 a.For abandoned property other than a derelict vessel or a 626 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 627 the law enforcement agency may retain any or all of the property 628 for its own use or for use by the state or unit of local 629 government, trade such property to another unit of local 630 government or state agency, donate the property to a charitable 631 organization, sell the property, or notify the appropriate 632 refuse removal service. 633 b.For a derelict vessel or a vessel declared a public 634 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 635 agency or its designee may: 636 (I)Remove the vessel from the waters of this state and 637 destroy and dispose of the vessel or authorize another 638 governmental entity or its designee to do so; or 639 (II)Authorize the vessels use as an artificial reef in 640 accordance with s. 379.249 if all necessary federal, state, and 641 local authorizations are received. 642 643 A law enforcement agency or its designee may also take action as 644 described in this sub-subparagraph if, following a hearing 645 pursuant to this section, the judge, magistrate, administrative 646 law judge, or hearing officer has determined the vessel to be 647 derelict as provided in s. 823.11 or otherwise in violation of 648 the law in accordance with s. 327.73(1)(aa) and a final order 649 has been entered or the case is otherwise closed. 650 (4)The owner of any abandoned or lost property, or in the 651 case of a derelict vessel or a vessel declared a public nuisance 652 pursuant to s. 327.73(1)(aa), the owner or other party 653 determined to be legally responsible for the vessel being upon 654 the waters of this state in a derelict condition or as a public 655 nuisance, who, after notice as provided in this section, does 656 not remove such property within the specified period is shall be 657 liable to the law enforcement agency, other governmental entity, 658 or the agencys or entitys designee for all costs of removal, 659 storage, and destruction, and disposal of such property, less 660 any salvage value obtained by disposal of the property. Upon 661 final disposition of the property, the law enforcement officer 662 or representative of the law enforcement agency or other 663 governmental entity shall notify the owner or in the case of a 664 derelict vessel or vessel declared a public nuisance pursuant to 665 s. 327.73(1)(aa), the owner or other party determined to be 666 legally responsible, if known, of the amount owed. In the case 667 of an abandoned vessel or motor vehicle, any person who neglects 668 or refuses to pay such amount is not entitled to be issued a 669 certificate of registration for such vessel or motor vehicle, or 670 any other vessel or motor vehicle, until such costs have been 671 paid. A person who has neglected or refused to pay all costs of 672 removal, storage, disposal, and destruction of a vessel or motor 673 vehicle as provided in this section, after having been provided 674 written notice via certified mail that such costs are owed, and 675 who applies for and is issued a registration for a vessel or 676 motor vehicle before such costs have been paid in full commits a 677 misdemeanor of the first degree, punishable as provided in s. 678 775.082 or s. 775.083. The law enforcement officer or 679 representative of the law enforcement agency or other 680 governmental entity shall supply the Department of Highway 681 Safety and Motor Vehicles with a list of persons whose vessel 682 registration privileges and motor vehicle privileges have been 683 revoked under this subsection. The department or a person acting 684 as an agent of the department may not issue a certificate of 685 registration to a person whose vessel and motor vehicle 686 registration privileges have been revoked, as provided by this 687 subsection, until such costs have been paid. 688 Section 12.Effective July 1, 2023, paragraph (a) of 689 subsection (2) of section 705.103, Florida Statutes, as amended 690 by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 691 read: 692 705.103Procedure for abandoned or lost property. 693 (2)(a)1.Whenever a law enforcement officer ascertains 694 that: 695 a.An article of lost or abandoned property other than a 696 derelict vessel or a vessel declared a public nuisance pursuant 697 to s. 327.73(1)(aa) is present on public property and is of such 698 nature that it cannot be easily removed, the officer shall cause 699 a notice to be placed upon such article in substantially the 700 following form: 701 702 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 703 PROPERTY. This property, to wit: ...(setting forth brief 704 description)... is unlawfully upon public property known as 705 ...(setting forth brief description of location)... and must be 706 removed within 5 days; otherwise, it will be removed and 707 disposed of pursuant to chapter 705, Florida Statutes. The owner 708 will be liable for the costs of removal, storage, and 709 publication of notice. Dated this: ...(setting forth the date of 710 posting of notice)..., signed: ...(setting forth name, title, 711 address, and telephone number of law enforcement officer).... 712 713 b.A derelict vessel or a vessel declared a public nuisance 714 pursuant to s. 327.73(1)(aa) is present on the waters of this 715 state, the officer shall cause a notice to be placed upon such 716 vessel in substantially the following form: 717 718 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 719 VESSEL. This vessel, to wit: ...(setting forth brief description 720 of location)... has been determined to be ...(derelict or a 721 public nuisance)... and is unlawfully upon the waters of this 722 state ...(setting forth brief description of location)... and 723 must be removed within 21 days; otherwise, it will be removed 724 and disposed of pursuant to chapter 705, Florida Statutes. The 725 owner and other interested parties have the right to a hearing 726 to challenge the determination that this vessel is derelict or 727 otherwise in violation of the law. Please contact ...(contact 728 information for person who can arrange for a hearing in 729 accordance with this section)... The owner or the party 730 determined to be legally responsible for the vessel being upon 731 the waters of this state in a derelict condition or as a public 732 nuisance will be liable for the costs of removal, destruction, 733 and disposal if this vessel is not removed by the owner. Dated 734 this: ...(setting forth the date of posting of notice)..., 735 signed: ...(setting forth name, title, address, and telephone 736 number of law enforcement officer).... 737 738 2.The notices required under subparagraph 1. may not be 739 less than 8 inches by 10 inches and must shall be sufficiently 740 weatherproof to withstand normal exposure to the elements. In 741 addition to posting, the law enforcement officer shall make a 742 reasonable effort to ascertain the name and address of the 743 owner. If such is reasonably available to the officer, she or he 744 shall mail a copy of such notice to the owner on or before the 745 date of posting. If the property is a motor vehicle as defined 746 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 747 enforcement agency shall contact the Department of Highway 748 Safety and Motor Vehicles in order to determine the name and 749 address of the owner and any person who has filed a lien on the 750 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 751 328.15. On receipt of this information, the law enforcement 752 agency shall mail a copy of the notice by certified mail, return 753 receipt requested, to the owner and to the lienholder, if any, 754 except that a law enforcement officer who has issued a citation 755 for a violation of s. 376.15 or s. 823.11 to the owner of a 756 derelict vessel is not required to mail a copy of the notice by 757 certified mail, return receipt requested, to the owner. For a 758 derelict vessel or a vessel declared a public nuisance pursuant 759 to s. 327.73(1)(aa), the mailed notice must inform the owner or 760 responsible party that he or she has a right to a hearing to 761 dispute the determination that the vessel is derelict or 762 otherwise in violation of the law. If a request for a hearing is 763 made, a state agency shall follow the processes as set forth in 764 s. 120.569. Local governmental entities shall follow the 765 processes set forth in s. 120.569, except that a local judge, 766 magistrate, or code enforcement officer may be designated to 767 conduct such a hearing. If, at the end of 5 days after posting 768 the notice in sub-subparagraph 1.a., or at the end of 21 days 769 after posting the notice in sub-subparagraph 1.b., and mailing 770 such notice, if required, the owner or any person interested in 771 the lost or abandoned article or articles described has not 772 removed the article or articles from public property or shown 773 reasonable cause for failure to do so, and, in the case of a 774 derelict vessel or a vessel declared a public nuisance pursuant 775 to s. 327.73(1)(aa), has not requested a hearing in accordance 776 with this section, the following shall apply: 777 a.For abandoned property other than a derelict vessel or a 778 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 779 the law enforcement agency may retain any or all of the property 780 for its own use or for use by the state or unit of local 781 government, trade such property to another unit of local 782 government or state agency, donate the property to a charitable 783 organization, sell the property, or notify the appropriate 784 refuse removal service. 785 b.For a derelict vessel or a vessel declared a public 786 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 787 agency or its designee may: 788 (I)Remove the vessel from the waters of this state and 789 destroy and dispose of the vessel or authorize another 790 governmental entity or its designee to do so; or 791 (II)Authorize the vessels use as an artificial reef in 792 accordance with s. 379.249 if all necessary federal, state, and 793 local authorizations are received. 794 795 A law enforcement agency or its designee may also take action as 796 described in this sub-subparagraph if, following a hearing 797 pursuant to this section, the judge, magistrate, administrative 798 law judge, or hearing officer has determined the vessel to be 799 derelict as provided in s. 823.11 or otherwise in violation of 800 the law in accordance with s. 327.73(1)(aa) and a final order 801 has been entered or the case is otherwise closed. 802 Section 13.Present subsections (4), (5), and (6) of 803 section 823.11, Florida Statutes, are redesignated as 804 subsections (5), (6), and (7), respectively, a new subsection 805 (4) is added to that section, and subsection (1), paragraph (c) 806 of subsection (2), subsection (3), and present subsections (5) 807 and (6) of that section are amended, to read: 808 823.11Derelict vessels; relocation or removal; penalty. 809 (1)As used in this section and s. 376.15, the term: 810 (a)Commission means the Fish and Wildlife Conservation 811 Commission. 812 (b)Derelict vessel means a vessel, as defined in s. 813 327.02, that is: 814 1.In a wrecked, junked, or substantially dismantled 815 condition upon any waters of this state. 816 a.A vessel is wrecked if it is sunken or sinking; aground 817 without the ability to extricate itself absent mechanical 818 assistance; or remaining after a marine casualty, including, but 819 not limited to, a boating accident, extreme weather, or a fire. 820 b.A vessel is junked if it has been substantially stripped 821 of vessel components, if vessel components have substantially 822 degraded or been destroyed, or if the vessel has been discarded 823 by the owner or operator. Attaching an outboard motor to a 824 vessel that is otherwise junked will not cause the vessel to no 825 longer be junked if such motor is not an effective means of 826 propulsion as required by s. 327.4107(2)(e) and associated 827 rules. 828 c.A vessel is substantially dismantled if at least two of 829 the three following vessel systems or components are missing, 830 compromised, incomplete, inoperable, or broken: 831 (I)The steering system; 832 (II)The propulsion system; or 833 (III)The exterior hull integrity. 834 835 Attaching an outboard motor to a vessel that is otherwise 836 substantially dismantled will not cause the vessel to no longer 837 be substantially dismantled if such motor is not an effective 838 means of propulsion as required by s. 327.4107(2)(e) and 839 associated rules. 840 2.At a port in this state without the consent of the 841 agency having jurisdiction thereof. 842 3.Docked, grounded, or beached upon the property of 843 another without the consent of the owner of the property. 844 (c)Gross negligence means conduct so reckless or wanting 845 in care that it constitutes a conscious disregard or 846 indifference to the safety of the property exposed to such 847 conduct. 848 (d)Willful misconduct means conduct evidencing 849 carelessness or negligence of such a degree or recurrence as to 850 manifest culpability, wrongful intent, or evil design or to show 851 an intentional and substantial disregard of the interests of the 852 vessel owner. 853 (2) 854 (c)The additional time provided in subparagraph (b)2. for 855 an owner or responsible party to remove a derelict vessel from 856 the waters of this state or to repair and remedy the vessels 857 derelict condition This subsection does not apply to a vessel 858 that was derelict upon the waters of this state before the 859 stated accident or event. 860 (3)The commission, an officer of the commission, or a law 861 enforcement agency or officer specified in s. 327.70 may 862 relocate, remove, and store, destroy, or dispose of or cause to 863 be relocated, removed, and stored, destroyed, or disposed of a 864 derelict vessel from waters of this state as defined in s. 865 327.02 if the derelict vessel obstructs or threatens to obstruct 866 navigation or in any way constitutes a danger to the 867 environment, property, or persons. The commission, an officer of 868 the commission, or any other law enforcement agency or officer 869 acting pursuant to this subsection to relocate, remove, and 870 store, destroy, dispose of or cause to be relocated, removed, 871 and stored, destroyed, or disposed of a derelict vessel from 872 waters of this state shall be held harmless for all damages to 873 the derelict vessel resulting from such action unless the damage 874 results from gross negligence or willful misconduct. 875 (a)Removal of derelict vessels under this subsection may 876 be funded by grants provided in ss. 206.606 and 376.15. The 877 commission shall implement a plan for the procurement of any 878 available federal disaster funds and use such funds for the 879 removal of derelict vessels. 880 (b)All costs, including costs owed to a third party, 881 incurred by the commission, another law enforcement agency, or a 882 governmental subdivision, when the governmental subdivision has 883 received authorization from a law enforcement officer or agency, 884 in the relocation, removal, storage, destruction, or disposal of 885 a derelict vessel are recoverable against the vessel owner or 886 the party determined to be legally responsible for the vessel 887 being upon the waters of this state in a derelict condition. The 888 Department of Legal Affairs shall represent the commission in 889 actions to recover such costs. As provided in s. 705.103(4), a 890 person who neglects or refuses to pay such costs may not be 891 issued a certificate of registration for such vessel or for any 892 other vessel or motor vehicle until such costs have been paid. A 893 person who has neglected or refused to pay all costs of removal, 894 storage, destruction, or disposal of a derelict vessel as 895 provided in this section, after having been provided written 896 notice via certified mail that such costs are owed, and who 897 applies for and is issued a registration for a vessel or motor 898 vehicle before such costs have been paid in full commits a 899 misdemeanor of the first degree, punishable as provided in s. 900 775.082 or s. 775.083. 901 (b)(c)A contractor performing such activities at the 902 direction of the commission, an officer of the commission, a law 903 enforcement agency or officer, or a governmental subdivision, 904 when the governmental subdivision has received authorization for 905 the relocation or removal from a law enforcement officer or 906 agency, pursuant to this section must be licensed in accordance 907 with applicable United States Coast Guard regulations where 908 required; obtain and carry in full force and effect a policy 909 from a licensed insurance carrier in this state to insure 910 against any accident, loss, injury, property damage, or other 911 casualty caused by or resulting from the contractors actions; 912 and be properly equipped to perform the services to be provided. 913 (4)(a)Removal of derelict vessels under this subsection 914 may be funded by grants provided in s. 206.606. 915 (b)The commission may implement a plan for the procurement 916 of any available federal disaster funds and use such funds for 917 the removal of derelict vessels. 918 (c)The commission may establish a program to provide 919 grants to local governments for the removal, storage, 920 destruction, and disposal of derelict vessels from the waters of 921 this state. This grant funding may also be used for the removal, 922 storage, destruction, and disposal of vessels declared a public 923 nuisance pursuant to s. 327.73(1)(aa). The program must be 924 funded from the Marine Resources Conservation Trust Fund or the 925 Florida Coastal Protection Trust Fund. Notwithstanding s. 926 216.181(11), funds available for these grants may only be 927 authorized by appropriations acts of the Legislature. In a given 928 fiscal year, if all funds appropriated pursuant to this 929 paragraph are not requested by and granted to local governments 930 for the removal, storage, destruction, and disposal of derelict 931 vessels or vessels declared a public nuisance pursuant to s. 932 327.73(1)(aa) by the end of the third quarter, the Fish and 933 Wildlife Conservation Commission may use the remainder of the 934 funds to remove, store, destroy, and dispose of, or to pay 935 private contractors to remove, store, destroy, and dispose of, 936 derelict vessels or vessels declared a public nuisance pursuant 937 to s. 327.73(1)(aa). The commission shall adopt by rule 938 procedures for local governments to submit a grant application 939 and criteria for allocating available funds. Such criteria must 940 include, at a minimum, the following: 941 1.The number of derelict vessels within the jurisdiction 942 of the applicant. 943 2.The threat posed by such vessels to public health or 944 safety, the environment, navigation, or the aesthetic condition 945 of the general vicinity. 946 3.The degree of commitment of the local government to 947 maintain waters free of abandoned and derelict vessels and to 948 seek legal action against those who abandon vessels in the 949 waters of this state as defined in s. 327.02. 950 (6)(5)A person, firm, or corporation violating this 951 section commits a misdemeanor of the first degree and shall be 952 punished as provided by law. A conviction under this section 953 does not bar the assessment and collection of a the civil 954 penalty provided in s. 376.16 for violation of s. 376.15. The 955 court having jurisdiction over the criminal offense, 956 notwithstanding any jurisdictional limitations on the amount in 957 controversy, may order the imposition of such civil penalty in 958 addition to any sentence imposed for the first criminal offense. 959 (7)(6)If an owner or a responsible party of a vessel 960 determined to be derelict through an administrative or criminal 961 proceeding has been charged by an officer of the commission or 962 any law enforcement agency or officer as specified in s. 327.70 963 under subsection (6) (5) for a violation of subsection (2) or a 964 violation of s. 376.15(2), a person may not reside or dwell on 965 such vessel until the vessel is removed from the waters of the 966 state permanently or returned to the waters of the state in a 967 condition that is no longer derelict. 968 Section 14.Paragraph (p) of subsection (4) of section 969 934.50, Florida Statutes, is amended to read: 970 934.50Searches and seizure using a drone. 971 (4)EXCEPTIONS.This section does not prohibit the use of a 972 drone: 973 (p)By an a non-law enforcement employee of the Fish and 974 Wildlife Conservation Commission or of the Florida Forest 975 Service for the purposes of managing and eradicating invasive 976 exotic plants or animals on public lands and suppressing and 977 mitigating wildfire threats. 978 Section 15.Section 327.04, Florida Statutes, is amended to 979 read: 980 327.04Rules.The commission may adopt rules pursuant to 981 ss. 120.536(1) and 120.54 to implement this chapter, the 982 provisions of chapter 705 relating to vessels, and s. ss. 376.15 983 and 823.11 conferring powers or duties upon it. 984 Section 16.Subsection (4) of section 328.09, Florida 985 Statutes, is amended to read: 986 328.09Refusal to issue and authority to cancel a 987 certificate of title or registration. 988 (4)The department may not issue a certificate of title to 989 an applicant for a vessel that has been deemed derelict or a 990 public nuisance by a law enforcement officer under s. 991 327.73(1)(aa) or s. 376.15 or s. 823.11. A law enforcement 992 officer must inform the department in writing, which may be 993 provided by facsimile, e-mail electronic mail, or other 994 electronic means, of the vessels derelict or public nuisance 995 status and supply the department with the vessel title number or 996 vessel identification number. The department may issue a 997 certificate of title once a law enforcement officer has verified 998 in writing, which may be provided by facsimile, e-mail 999 electronic mail, or other electronic means, that the vessel is 1000 no longer a derelict or public nuisance vessel. 1001 Section 17.Section 25 of chapter 2021-184, Laws of 1002 Florida, is repealed. 1003 Section 18.Paragraph (c) of subsection (15) of section 1004 328.72, Florida Statutes, is amended to read: 1005 328.72Classification; registration; fees and charges; 1006 surcharge; disposition of fees; fines; marine turtle stickers. 1007 (15)DISTRIBUTION OF FEES.Except as provided in this 1008 subsection, moneys designated for the use of the counties, as 1009 specified in subsection (1), shall be distributed by the tax 1010 collector to the board of county commissioners for use only as 1011 provided in this section. Such moneys to be returned to the 1012 counties are for the sole purposes of providing, maintaining, or 1013 operating recreational channel marking and other uniform 1014 waterway markers, public boat ramps, lifts, and hoists, marine 1015 railways, boat piers, docks, mooring buoys, and other public 1016 launching facilities; and removing derelict vessels, debris that 1017 specifically impedes boat access, not including the dredging of 1018 channels, and vessels and floating structures deemed a hazard to 1019 public safety and health for failure to comply with s. 327.53. 1020 Counties shall demonstrate through an annual detailed accounting 1021 report of vessel registration revenues that the registration 1022 fees were spent as provided in this subsection. This report 1023 shall be provided to the Fish and Wildlife Conservation 1024 Commission no later than November 1 of each year. If, before 1025 January 1 of each calendar year, the accounting report meeting 1026 the prescribed criteria has still not been provided to the 1027 commission, the tax collector of that county may not distribute 1028 the moneys designated for the use of counties, as specified in 1029 subsection (1), to the board of county commissioners but shall, 1030 for the next calendar year, remit such moneys to the state for 1031 deposit into the Marine Resources Conservation Trust Fund. The 1032 commission shall return those moneys to the county if the county 1033 fully complies with this section within that calendar year. If 1034 the county does not fully comply with this section within that 1035 calendar year, the moneys shall remain within the Marine 1036 Resources Trust Fund and may be appropriated for the purposes 1037 specified in this subsection. 1038 (c)From the vessel registration fees designated for use by 1039 the counties in subsection (1), the following amounts shall be 1040 remitted to the state for deposit into the Marine Resources 1041 Conservation Trust Fund to fund derelict vessel removal grants, 1042 as appropriated by the Legislature pursuant to s. 823.11(4)(c) 1043 s. 376.15: 1044 1.Class A-2: $0.25 for each 12-month period registered. 1045 2.Class 1: $2.06 for each 12-month period registered. 1046 3.Class 2: $9.26 for each 12-month period registered. 1047 4.Class 3: $16.45 for each 12-month period registered. 1048 5.Class 4: $20.06 for each 12-month period registered. 1049 6.Class 5: $25.46 for each 12-month period registered. 1050 Section 19.Paragraph (h) of subsection (6) of section 1051 376.11, Florida Statutes, is amended to read: 1052 376.11Florida Coastal Protection Trust Fund. 1053 (6)Moneys in the Florida Coastal Protection Trust Fund may 1054 be used for the following purposes: 1055 (h)The funding of a grant program to local governments, 1056 pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the 1057 removal of derelict and public nuisance vessels from the public 1058 waters of the state. 1059 Section 20.For the purpose of incorporating the amendment 1060 made by this act to section 327.371, Florida Statutes, in a 1061 reference thereto, paragraph (dd) of subsection (1) of section 1062 327.73, Florida Statutes, is reenacted to read: 1063 327.73Noncriminal infractions. 1064 (1)Violations of the following provisions of the vessel 1065 laws of this state are noncriminal infractions: 1066 (dd)Section 327.371, relating to the regulation of human 1067 powered vessels. 1068 1069 Any person cited for a violation of any provision of this 1070 subsection shall be deemed to be charged with a noncriminal 1071 infraction, shall be cited for such an infraction, and shall be 1072 cited to appear before the county court. The civil penalty for 1073 any such infraction is $50, except as otherwise provided in this 1074 section. Any person who fails to appear or otherwise properly 1075 respond to a uniform boating citation shall, in addition to the 1076 charge relating to the violation of the boating laws of this 1077 state, be charged with the offense of failing to respond to such 1078 citation and, upon conviction, be guilty of a misdemeanor of the 1079 second degree, punishable as provided in s. 775.082 or s. 1080 775.083. A written warning to this effect shall be provided at 1081 the time such uniform boating citation is issued. 1082 Section 21.For the purpose of incorporating the amendment 1083 made by this act to section 379.101, Florida Statutes, in a 1084 reference thereto, subsection (4) of section 125.01, Florida 1085 Statutes, is reenacted to read: 1086 125.01Powers and duties. 1087 (4)The legislative and governing body of a county shall 1088 not have the power to regulate the taking or possession of 1089 saltwater fish, as defined in s. 379.101, with respect to the 1090 method of taking, size, number, season, or species. However, 1091 this subsection does not prohibit a county from prohibiting, for 1092 reasons of protecting the public health, safety, or welfare, 1093 saltwater fishing from real property owned by that county, nor 1094 does it prohibit the imposition of excise taxes by county 1095 ordinance. 1096 Section 22.For the purpose of incorporating the amendment 1097 made by this act to section 379.101, Florida Statutes, in a 1098 reference thereto, section 379.2412, Florida Statutes, is 1099 reenacted to read: 1100 379.2412State preemption of power to regulate.The power 1101 to regulate the taking or possession of saltwater fish, as 1102 defined in s. 379.101, is expressly reserved to the state. This 1103 section does not prohibit a local government from prohibiting, 1104 for reasons of protecting the public health, safety, or welfare, 1105 saltwater fishing from real property owned by that local 1106 government. 1107 Section 23.Except as otherwise expressly provided in this 1108 act, this act shall take effect July 1, 2022.