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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to vessel accountability; amending s. 2
327.02, F.S.; deleting the term "owner"; defining the 3
term "vessel owner"; reenacting and amending s. 4
327.4107, F.S.; providing a penalty for a person 5
anchoring, mooring, or allowing certain vessels to 6
occupy the waters of this state if an officer of the 7
Fish and Wildlife Conservation Commission or a law 8
enforcement agency finds that specified conditions 9
exist; revising the manner and timeframe for vessel 10
owners or operators to demonstrate a vessel's 11
effective means of propulsion for safe navigation; 12
deleting provisions providing a penalty for a person 13
who anchors or moors certain vessels on the waters of 14
this state; creating s. 327.4111, F.S.; defining the 15
term "long-term anchoring"; requiring the commis sion 16
to issue, at no cost, a permit for the long -term 17
anchoring of a vessel which includes specified 18
information; providing construction; providing a 19
penalty for long-term anchoring without a permit; 20
providing applicability; providing that a permit is 21
not required under certain circumstances; authorizing 22
the commission to adopt rules; amending s. 327.70, 23
F.S.; authorizing the enforcement of certain 24
noncriminal violations by citation mailed or issued to 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the owner of certain vessels; amending s. 327.73, 26
F.S.; requiring that a vessel subject to a specified 27
number of violations within a 24 -month period which 28
result in certain dispositions be declared a public 29
nuisance; providing that failure to appear at a 30
hearing or failure to pay civil penalties constitutes 31
a certain disposition; providing penalties related to 32
long-term anchoring; requiring that a vessel subject 33
to a specified number of violations relating to long -34
term anchoring within a 24 -month period which result 35
in certain dispositions be declared a public nuisance; 36
providing that failure to appear at a hearing or 37
failure to pay a certain civil penalty constitutes a 38
disposition other than acquittal or dismissal; 39
providing an exception; authorizing certain persons to 40
relocate, remove, or cause to be relocated or removed 41
certain vessels; requiring that certain persons be 42
held harmless for all damages to a vessel resulting 43
from such relocation or removal; providing exceptions; 44
amending s. 705.103, F.S.; revising the notice placed 45
upon a derelict vessel declared a public nuisance 46
which is present upon the waters of this state; 47
deleting a provision specifying that a party 48
responsible for a derelict vessel or a vessel declared 49
a public nuisance has the right to a certain hearing; 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
deleting provisions assigning liabil ity to a party 51
deemed legally responsible for a derelict vessel or 52
vessel declared a public nuisance; deleting provisions 53
allowing a law enforcement officer or a representative 54
of a law enforcement agency or other governmental 55
entity to notify a party deem ed legally responsible 56
for a derelict vessel or a vessel declared a public 57
nuisance of the final disposition of the derelict 58
vessel; reenacting and amending s. 823.11, F.S.; 59
prohibiting a vessel owner from leaving a derelict 60
vessel upon the waters of this state; deleting 61
provisions related to a party responsible for a 62
derelict vessel; providing prima facie evidence of 63
ownership or control of a derelict vessel left upon 64
the waters of this state; providing a means of 65
exonerating an owner of a vessel or dereli ct vessel of 66
responsibility if such owner attempts to transfer 67
ownership or control of such vessel; providing that 68
the owner of a derelict vessel is exclusively 69
responsible for all costs associated with the 70
relocation, removal, storage, destruction, or dis posal 71
of the derelict vessel; authorizing the commission to 72
use grant funds allocated for the removal, storage, 73
destruction, and disposal of derelict vessels from the 74
waters of this state for the derelict vessel 75
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prevention program; providing penalties; pro hibiting a 76
person from dwelling or residing on a derelict vessel; 77
providing penalties; authorizing law enforcement 78
officers to enforce such provisions; authorizing a 79
person to reside on a vessel if the vessel is in a 80
state or condition that is no longer de relict; 81
authorizing the commission to adopt rules; reenacting 82
ss. 327.04 and 327.4108(6)(d), F.S., relating to rules 83
and the anchoring of vessels in anchoring limitation 84
areas, respectively, to incorporate the amendment made 85
to s. 832.11, F.S., in referenc es thereto; reenacting 86
s. 327.54(3)(d), F.S., relating to liveries, safety 87
regulations, and penalties, to incorporate the 88
amendments made to ss. 327.4107 and 823.11, F.S., in 89
references thereto; reenacting s. 705.101(1), F.S., 90
relating to definitions, to i ncorporate the amendment 91
made to s. 327.73, F.S., in a reference thereto; 92
reenacting ss. 705.104(1) and 713.585(8), F.S., 93
relating to the title to lost or abandoned property 94
and the enforcement of a lien by sale of motor 95
vehicle, respectively, to incorpora te the amendment 96
made to s. 705.103, F.S., in references thereto; 97
providing effective dates. 98
99
Be It Enacted by the Legislature of the State of Florida: 100
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101
Section 1. Subsections (35) through (47) of section 102
327.02, Florida Statutes, are amended to re ad: 103
327.02 Definitions. —As used in this chapter and in chapter 104
328, unless the context clearly requires a different meaning, 105
the term: 106
(35) "Owner" means a person, other than a lienholder, 107
having the property in or title to a vessel. The term includes a 108
person entitled to the use or possession of a vessel subject to 109
an interest in another person which is reserved or created by 110
agreement and securing payment of performance of an obligation. 111
The term does not include a lessee under a lease not intended as 112
security. 113
(36) "Person" means an individual, partnership, firm, 114
corporation, association, or other entity. 115
(36)(37) "Personal watercraft" means a vessel less than 16 116
feet in length which uses an inboard motor powering a water jet 117
pump as its primary s ource of motive power and which is designed 118
to be operated by a person sitting, standing, or kneeling on the 119
vessel, rather than in the conventional manner of sitting or 120
standing inside the vessel. 121
(37)(38) "Portable toilet" means a device consisting of a 122
lid, seat, containment vessel, and support structure which is 123
specifically designed to receive, retain, and discharge human 124
waste and which is capable of being removed from a vessel by 125
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hand. 126
(38)(39) "Prohibited activity" means activity that will 127
impede or disturb navigation or creates a safety hazard on 128
waterways of this state. 129
(39)(40) "Racing shell," "rowing scull," or "racing kayak" 130
means a manually propelled vessel that is recognized by national 131
or international racing associations for use in com petitive 132
racing and in which all occupants, with the exception of a 133
coxswain, if one is provided, row, scull, or paddle and that is 134
not designed to carry and does not carry any equipment not 135
solely for competitive racing. 136
(40)(41) "Recreational vessel" m eans a vessel: 137
(a) Manufactured and used primarily for noncommercial 138
purposes; or 139
(b) Leased, rented, or chartered to a person for his or 140
her noncommercial use. 141
(41)(42) "Registration" means a state operating license on 142
a vessel which is issued with an identifying number, an annual 143
certificate of registration, and a decal designating the year 144
for which a registration fee is paid. 145
(42)(43) "Resident" means a citizen of the United States 146
who has established residence in this state and has continuously 147
resided in this state for 1 year and in one county for the 6 148
months immediately preceding the initiation of a vessel titling 149
or registration action. 150
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(43)(44) "Sailboat" means a vessel whose sole source of 151
propulsion is the wind. 152
(44)(45) "Sustained wind speed" means a wind speed 153
determined by averaging the observed wind speed rounded up to 154
the nearest mile per hour over a 2 -minute period. 155
(45)(46) "Unclaimed vessel" means an undocumented vessel, 156
including its machinery, rigging, and accessories, which is in 157
the physical possession of a marina, garage, or repair shop for 158
repairs, improvements, or other work with the knowledge of the 159
vessel owner and for which the costs of such services have been 160
unpaid for more than 90 days after the date written notice of 161
the completed work is given by the marina, garage, or repair 162
shop to the vessel owner. 163
(46)(47) "Vessel" is synonymous with boat as ref erenced in 164
s. 1(b), Art. VII of the State Constitution and includes every 165
description of watercraft, barge, and airboat, other than a 166
seaplane on the water, used or capable of being used as a means 167
of transportation on water. 168
(47) "Vessel owner" means a person, other than a 169
lienholder or lessee under a lease that is not intended as 170
security, having the property in or title to a vessel. The term 171
includes all of the following: 172
(a) A person entitled to the use or possession of a vessel 173
subject to an intere st in another person which is reserved or 174
created by agreement and securing payment of performance of an 175
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obligation. The term does not include a lessee under a lease not 176
intended as security. 177
(b) A person identified in the records of the Department 178
of Highway Safety and Motor Vehicles, or other state equivalent, 179
as the title certificate holder of the vessel. 180
(c) A person identified as the buyer, transferee, or new 181
owner in a notice filed pursuant to s. 328.64(1). 182
(d) A person who has signed a written agreement for the 183
purchase and sale of the vessel and paid the consideration, if 184
any, required under the agreement. 185
(e) A person who has provided a written, signed receipt to 186
the seller or transferor of the vessel acknowledging actual 187
receipt and possession of the vessel. 188
Section 2. Subsections (2) and (3) of section 327.4107, 189
Florida Statutes, are amended, and paragraph (a) of present 190
subsection (7) of that section is reenacted, to read: 191
327.4107 Vessels at risk of becoming derelict on waters of 192
this state.— 193
(2) It is a noncriminal infraction punishable as provided 194
in s. 327.73 for a person to anchor or moor an officer of the 195
commission or of a law enforcement agency specified in s. 327.70 196
may determine that a vessel is at risk of becoming derelic t on 197
the waters of this state or to allow such vessel to occupy such 198
waters. A vessel is at risk of becoming derelict if, as 199
determined by an officer of the commission or a law enforcement 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
agency, if any of the following conditions exist: 201
(a) The vessel is taking on or has taken on water without 202
an effective means to dewater. 203
(b) Spaces on the vessel which that are designed to be 204
enclosed are incapable of being sealed off or remain open to the 205
elements for extended periods of time. 206
(c) The vessel has broken loose or is in danger of 207
breaking loose from its anchor. 208
(d) The vessel is listing due to water intrusion. 209
(e) The vessel does not have an effective means of 210
propulsion, and the vessel owner or operator is unable to 211
provide a receipt, proof of p urchase, or other documentation of 212
having ordered necessary parts for repair. If the owner or 213
operator is present on the vessel, a law enforcement officer may 214
require a test of the vessel's effective means of propulsion for 215
safe navigation, to be conducted immediately. If the owner or 216
operator is not present on the vessel, the owner or operator 217
must, in the presence of law enforcement, conduct the test for 218
effective means of propulsion for safe navigation within 48 72 219
hours after the vessel owner or operato r receives telephonic 220
notice from a law enforcement officer , in-person notice recorded 221
on an agency-approved body camera, or written notice, which may 222
be provided by facsimile, electronic mail, or other electronic 223
means, stating such from an officer, and the vessel owner or 224
operator is unable to provide a receipt, proof of purchase, or 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other documentation of having ordered necessary parts for vessel 226
repair. The commission may adopt rules to implement this 227
paragraph. 228
(f) The vessel is tied to an unlawful or unpermitted 229
structure or mooring. 230
(3) A person who anch ors or moors a vessel at risk of 231
becoming derelict on the waters of this state or allows such a 232
vessel to occupy such waters commits a noncriminal infraction, 233
punishable as provided in s. 327.73. 234
(6)(7) The commission may establish a derelict vessel 235
prevention program to address vessels at risk of becoming 236
derelict. Such program may, but is not required to, include: 237
(a) Removal, relocation, and destruction of vessels 238
declared a public nuisance, derelict or at risk of becoming 239
derelict, or lost or abando ned in accordance with s. 327.53(7), 240
s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3). 241
242
The commission may adopt rules to implement this subsection. 243
Implementation of the derelict vessel prevention program shall 244
be subject to appropriation by the L egislature and shall be 245
funded by the Marine Resources Conservation Trust Fund or the 246
Florida Coastal Protection Trust Fund. 247
Section 3. Effective January 1, 2026, section 327.4111, 248
Florida Statutes, is created to read: 249
327.4111 Long-term anchoring.— 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1) As used in this section, the term "long -term 251
anchoring" means anchoring a vessel within 1 linear nautical 252
mile of a documented anchorage point for 14 days or more within 253
a 30-day period. 254
(2) The commission shall, at no cost to the applicant, 255
issue a permit for the long -term anchoring of a vessel within 256
the waters of this state upon receiving an application that 257
includes, but is not limited to, all of the following 258
information: 259
(a) For the vessel owner or operator: 260
1. Name. 261
2. Mailing address. 262
3. Telephone number. 263
4. E-mail address. 264
5. Birthdate. 265
6. Driver license number, if applicable. 266
(b) For the vessel: 267
1. Make. 268
2. Model. 269
3. Year. 270
4. Style. 271
5. Hull identification number. 272
6. Registration number or United States Coast Guar d 273
documentation, if applicable. 274
7. Vessel name, if applicable. 275
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(c) Location where the vessel will be anchored. 276
(d) Notice that the long -term anchoring permit may be 277
revoked if the vessel is a derelict vessel as defined in s. 278
823.11, or is at risk of becoming derelict as provided in s. 279
327.4107, or is in violation of marine sanitation provisions in 280
s. 327.53. 281
(3) The long-term anchoring permit established under this 282
section is specific to one vessel only. However, a person may 283
obtain more than one pe rmit. A permit must be renewed or updated 284
for each long-term anchoring location. Long -term anchoring 285
permits expire 1 year from the date of issuance and may be 286
revoked if the permitted vessel is a derelict vessel as defined 287
in s. 823.11, is at risk of beco ming derelict, or is operated or 288
occupied on waters of this state in violation of s. 327.53. 289
(4) A person who engages in long -term anchoring of a 290
vessel within the waters of this state without a valid long -term 291
anchoring permit commits a noncriminal infr action, punishable as 292
provided is s. 327.73. 293
(5) This section does not apply to any of the following: 294
(a) Vessels owned or operated by a governmental entity for 295
law enforcement, firefighting, military, or rescue purposes. 296
(b) Construction or dredging vessels on an active job 297
site. 298
(c) Vessels actively engaged in commercial fishing. 299
(d) Vessels engaged in recreational fishing if the persons 300
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onboard are actively tending hook and line fishing gear or nets. 301
(6) A permit under this section is not req uired if a 302
vessel is docked at a public or private dock or moored to a 303
mooring buoy permitted as provided in s. 327.40. 304
(7) The commission may adopt rules to implement this 305
section. 306
Section 4. Paragraph (a) of subsection (3) of section 307
327.70, Florida Statutes, is amended, and paragraph (e) is added 308
to that subsection, to read: 309
327.70 Enforcement of this chapter and chapter 328. — 310
(3)(a) Noncriminal violations of the following statutes 311
may be enforced by a uniform boating citation mailed to the 312
registered owner of an unattended vessel anchored, aground, or 313
moored on the waters of this state: 314
1. Section 327.33(3)(b), relating to navigation rules. 315
2. Section 327.44, relating to interference with 316
navigation. 317
3. Section 327.50(2), relating to required lights and 318
shapes. 319
4. Section 327.53, relating to marine sanitation. 320
5. Section 328.48(5), relating to display of decal. 321
6. Section 328.52(2), relating to display of number. 322
7. Section 327.4107, relating to vessels at risk of 323
becoming derelict. 324
8. Section 327.4109, relating to prohibited anchoring or 325
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mooring. 326
9. Section 328.72(13), relating to expired registration. 327
10. Section 327.4111, relating to long -term anchoring. 328
(e) A noncriminal violation of s. 327.4111 may be enforced 329
by a uniform boating citation issued to the owner or operator of 330
a vessel engaged in unlawful long -term anchoring. 331
Section 5. Subsection (1) of section 327.73, Florida 332
Statutes, is amended to read: 333
327.73 Noncriminal infractions. — 334
(1) Violations of the following provisions of the vessel 335
laws of this state are noncriminal infractions: 336
(a) Section 328.46, relating to operation of unregistered 337
and unnumbered vessels. 338
(b) Section 328.48(4), relating to display of number and 339
possession of registration cer tificate. 340
(c) Section 328.48(5), relating to display of decal. 341
(d) Section 328.52(2), relating to display of number. 342
(e) Section 328.54, relating to spacing of digits and 343
letters of identification number. 344
(f) Section 328.60, relating to military pe rsonnel and 345
registration of vessels. 346
(g) Section 328.72(13), relating to operation with an 347
expired registration, for which the penalty is: 348
1. For a first or subsequent offense of s. 328.72(13)(a), 349
up to a maximum of $100. 350
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2. For a first offense of s. 328.72(13)(b), up to a 351
maximum of $250. 352
3. For a second or subsequent offense of s. 328.72(13)(b), 353
up to a maximum of $500. A Any person cited for a noncriminal 354
infraction under this subparagraph may not have the provisions 355
of paragraph (4)(a) available to him or her but must appear 356
before the designated official at the time and location of the 357
scheduled hearing. 358
(h) Section 327.33(2), relating to careless operation. 359
(i) Section 327.37, relating to water skiing, aquaplaning, 360
parasailing, and similar activities. 361
(j) Section 327.44, relating to interference with 362
navigation. 363
(k) Violations relating to boating -restricted areas and 364
speed limits: 365
1. Established by the commission or by local governmental 366
authorities pursuant to s. 327.46. 367
2. Speed limits established pursuant to s. 379.2431(2). 368
(l) Section 327.48, relating to regattas and races. 369
(m) Section 327.50(1) and (2), relating to required safety 370
equipment, lights, and shapes. 371
(n) Section 327.65, relating to muffling devices. 372
(o) Section 327.33(3)(b), relating to a violation of 373
navigation rules: 374
1. That does not result in an accident; or 375
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2. That results in an acc ident not causing serious bodily 376
injury or death, for which the penalty is: 377
a. For a first offense, up to a maximum of $500. 378
b. For a second offense, up to a maximum of $1,000. 379
c. For a third or subsequent offense, up to a maximum of 380
$1,500. 381
(p) Section 327.39(1), (2), (3), and (5), relating to 382
personal watercraft. 383
(q) Section 327.53(1), (2), (3), and (8), relating to 384
marine sanitation. 385
(r) Section 327.53(4), (5), and (7), relating to marine 386
sanitation, and s. 327.60, relating to no -discharge zones, for 387
which the civil penalty is $250. 388
(s) Section 327.395, relating to boater safety education. 389
However, a person cited for violating the requirements of s. 390
327.395 relating to failure to have required proof of boating 391
safety education in his or her possession may not be convicted 392
if, before or at the time of a county court hearing, the person 393
produces proof of the boating safety education identification 394
card or temporary certificate for verification by the hearing 395
officer or the court clerk and the i dentification card or 396
temporary certificate was valid at the time the person was 397
cited. 398
(t) Section 327.52(3), relating to operation of overloaded 399
or overpowered vessels. 400
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(u) Section 327.331, relating to divers -down warning 401
devices, except for violatio ns meeting the requirements of s. 402
327.33. 403
(v) Section 327.391(1), relating to the requirement for an 404
adequate muffler on an airboat. 405
(w) Section 327.391(3), relating to the display of a flag 406
on an airboat. 407
(x) Section 253.04(3)(a), relating to carele ssly causing 408
seagrass scarring, for which the civil penalty upon conviction 409
is: 410
1. For a first offense, $100. 411
2. For a second offense occurring within 12 months after a 412
prior conviction, $250. 413
3. For a third offense occurring within 36 months after a 414
prior conviction, $500. 415
4. For a fourth or subsequent offense occurring within 72 416
months after a prior conviction, $1,000. 417
(y) Section 327.45, relating to protection zones for 418
springs, for which the penalty is: 419
1. For a first offense, $100. 420
2. For a second offense occurring within 12 months after a 421
prior conviction, $250. 422
3. For a third offense occurring within 36 months after a 423
prior conviction, $500. 424
4. For a fourth or subsequent offense occurring within 72 425
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months after a prior conviction, $1 ,000. 426
(z) Section 327.4108, relating to the anchoring of vessels 427
in anchoring limitation areas, for which the penalty is: 428
1. For a first offense, up to a maximum of $100. 429
2. For a second offense, up to a maximum of $250. 430
3. For a third or subsequent offense, up to a maximum of 431
$500. 432
(aa) Section 327.4107, relating to vessels at risk of 433
becoming derelict on waters of this state, for which the civil 434
penalty is: 435
1. For a first offense, $100. 436
2. For a second offense occurring 30 days or m ore after a 437
first offense, $250. 438
3. For a third or subsequent offense occurring 30 days or 439
more after a previous offense, $500. 440
441
A vessel that is the subject of three or more violations issued 442
pursuant to the same paragraph of s. 327.4107(2) which occur 443
within a 24-month an 18-month period and which result in 444
dispositions other than acquittal or dismissal must shall be 445
declared to be a public nuisance and subject to ss. 705.103(2) 446
and (4) and 823.11(3). For purposes of this paragraph, failure 447
to appear at a hearing or failure to pay the civil penalty 448
constitutes a disposition other than acquittal or dismissal 449
unless such failure to appear or such nonpayment is excused or 450
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set aside by the court for good cause shown. The commission, an 451
officer of the commiss ion, or a law enforcement agency or 452
officer specified in s. 327.70 may relocate, remove, or cause to 453
be relocated or removed such public nuisance vessels from waters 454
of this state. The commission, an officer of the commission, or 455
a law enforcement agency o r officer acting pursuant to this 456
paragraph upon waters of this state shall be held harmless for 457
all damages to the vessel resulting from such relocation or 458
removal unless the damage results from gross negligence or 459
willful misconduct as these terms are de fined in s. 823.11. 460
(bb) Section 327.4109, relating to anchoring or mooring in 461
a prohibited area, for which the penalty is: 462
1. For a first offense, up to a maximum of $100. 463
2. For a second offense, up to a maximum of $250. 464
3. For a third or subsequ ent offense, up to a maximum of 465
$500. 466
(cc) Section 327.463(4)(a) and (b), relating to vessels 467
creating special hazards, for which the penalty is: 468
1. For a first offense, $100. 469
2. For a second offense occurring within 12 months after a 470
prior offense, $250. 471
3. For a third offense occurring within 36 months after a 472
prior offense, $500. 473
(dd) Section 327.371, relating to the regulation of human -474
powered vessels. 475
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(ee) Section 328.03, relating to an improper transfer of 476
title, for which the penalty is u p to a maximum of $500. 477
(ff) Section 328.48(9), relating to the failure to update 478
vessel registration information, for which the penalty is up to 479
a maximum of $500. 480
(gg) Section 327.4111, relating to long -term anchoring, 481
for which the penalty is: 482
1. For a first offense, up to a maximum of $100. 483
2. For a second offense, up to a maximum of $250. 484
3. For a third or subsequent offense, up to a maximum of 485
$500. 486
487
A vessel that is the subject of three or more violations of s. 488
327.4111 that occur within a 24-month period and that result in 489
dispositions other than acquittal or dismissal must be declared 490
a public nuisance and subject to ss. 705.103(2) and (4) and 491
823.11(3). For purposes of this paragraph, failure to appear at 492
a hearing or failure to pay the c ivil penalty required by s. 493
327.72 constitutes a disposition other than acquittal or 494
dismissal, unless such failure to appear or such nonpayment is 495
excused or set aside by the court for good cause shown. The 496
commission, an officer of the commission, or a l aw enforcement 497
agency or officer specified in s. 327.70 may relocate, remove, 498
or cause to be relocated or removed such public nuisance vessels 499
from waters of this state. The commission, an officer of the 500
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commission, or a law enforcement agency or officer a cting 501
pursuant to this paragraph shall be held harmless for all 502
damages to the vessel resulting from such relocation or removal 503
unless the damage results from gross negligence or willful 504
misconduct as those terms are defined in s. 823.11. 505
506
A Any person cited for a violation of this subsection is shall 507
be deemed to be charged with a noncriminal infraction, must 508
shall be cited for such an infraction, and must shall be cited 509
to appear before the county court. The civil penalty for any 510
such infraction is $100, except as otherwise provided in this 511
section. A Any person who fails to appear or otherwise properly 512
respond to a uniform boating citation, in addition to the charge 513
relating to the violation of the boating laws of this state, 514
must be charged with the offe nse of failing to respond to such 515
citation and, upon conviction, be guilty of a misdemeanor of the 516
second degree, punishable as provided in s. 775.082 or s. 517
775.083. A written warning to this effect must shall be provided 518
at the time such uniform boating c itation is issued. 519
Section 6. Subsection (1), paragraph (a) of subsection 520
(2), and subsection (4) of section 705.103, Florida Statutes, 521
are amended to read: 522
705.103 Procedure for abandoned or lost property. — 523
(1) Whenever a law enforcement officer ascertains that an 524
article of lost or abandoned property is present on public 525
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property and is of such nature that it can be easily removed, 526
the officer shall take such article into custody and shall make 527
a reasonable attempt to ascertain the rightful owner or 528
lienholder pursuant to the provisions of this section. For the 529
purposes of this section, the term "owner" includes a "vessel 530
owner" as defined in s. 327.02. 531
(2)(a)1. Whenever a law enforcement officer ascertain s 532
that: 533
a. An article of lost or abandoned property other than a 534
derelict vessel or a vessel declared a public nuisance pursuant 535
to s. 327.73(1)(aa) is present on public property and is of such 536
nature that it cannot be easily removed, the officer shall c ause 537
a notice to be placed upon such article in substantially the 538
following form: 539
540
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 541
PROPERTY. This property, to wit: ...(setting forth brief 542
description)... is unlawfully upon public property kn own as 543
...(setting forth brief description of location)... and must be 544
removed within 5 days; otherwise, it will be removed and 545
disposed of pursuant to chapter 705, Florida Statutes. The owner 546
will be liable for the costs of removal, storage, and 547
publication of notice. Dated this: ...(setting forth the date of 548
posting of notice)..., signed: ...(setting forth name, title, 549
address, and telephone number of law enforcement officer).... 550
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551
b. A derelict vessel or a vessel declared a public 552
nuisance pursuant to s . 327.73(1)(aa) is present on the waters 553
of this state, the officer shall cause a notice to be placed 554
upon such vessel in substantially the following form: 555
556
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 557
VESSEL. This vessel, to wit: ...(set ting forth brief description 558
of location)... has been determined to be ...(derelict or a 559
public nuisance)... and is unlawfully upon the waters of this 560
state ...(setting forth brief description of location)... and 561
must be removed within 21 days; otherwise, it will be removed 562
and disposed of pursuant to chapter 705, Florida Statutes. The 563
owner and other interested parties have the right to a hearing 564
to challenge the determination that this vessel is derelict or 565
otherwise in violation of the law. Please contac t ...(contact 566
information for person who can arrange for a hearing in 567
accordance with this section).... The owner of or the party 568
determined to be legally responsible for the vessel on being 569
upon the waters of this state in a derelict condition or as a 570
public nuisance will be liable for the costs of removal, 571
destruction, and disposal if this vessel is not removed by the 572
owner. Dated this: ...(setting forth the date of posting of 573
notice)..., signed: ...(setting forth name, title, address, and 574
telephone number of law enforcement officer).... 575
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576
2. The notices required under subparagraph 1. may not be 577
less than 8 inches by 10 inches and must be sufficiently 578
weatherproof to withstand normal exposure to the elements. In 579
addition to posting, the law enforcement of ficer shall make a 580
reasonable effort to ascertain the name and address of the 581
owner. If such is reasonably available to the officer, he or she 582
must or he shall mail a copy of such notice to the owner on the 583
date of posting or as soon thereafter as is pract ical. If the 584
property is a motor vehicle as defined in s. 320.01(1) or a 585
vessel as defined in s. 327.02, the law enforcement agency must 586
shall contact the Department of Highway Safety and Motor 587
Vehicles in order to determine the name and address of the own er 588
and any person who has filed a lien on the vehicle or vessel as 589
provided in s. 319.27(2) or (3) or s. 328.15. On receipt of this 590
information, the law enforcement agency shall mail a copy of the 591
notice by certified mail, return receipt requested, to the owner 592
and to the lienholder, if any, except that a law enforcement 593
officer who has issued a citation for a violation of s. 823.11 594
to the owner of a derelict vessel is not required to mail a copy 595
of the notice by certified mail, return receipt requested, to 596
the owner. For a derelict vessel or a vessel declared a public 597
nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 598
inform the owner or responsible party that he or she has a right 599
to a hearing to dispute the determination that the vessel is 600
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derelict or otherwise in violation of the law. If a request for 601
a hearing is made, a state agency must shall follow the 602
processes as set forth in s. 120.569. Local governmental 603
entities shall follow the processes set forth in s. 120.569, 604
except that a local ju dge, magistrate, or code enforcement 605
officer may be designated to conduct such a hearing. If, at the 606
end of 5 days after posting the notice in sub -subparagraph 1.a., 607
or at the end of 21 days after posting the notice in sub -608
subparagraph 1.b., and mailing su ch notice, if required, the 609
owner or any person interested in the lost or abandoned article 610
or articles described has not removed the article or articles 611
from public property or shown reasonable cause for failure to do 612
so, and, in the case of a derelict ve ssel or a vessel declared a 613
public nuisance pursuant to s. 327.73(1)(aa), has not requested 614
a hearing in accordance with this section, the following applies 615
shall apply: 616
a. For abandoned property other than a derelict vessel or 617
a vessel declared a public nuisance pursuant to s. 618
327.73(1)(aa), the law enforcement agency may retain any or all 619
of the property for its own use or for use by the state or unit 620
of local government, trade such property to another unit of 621
local government or state agency, donate the property to a 622
charitable organization, sell the property, or notify the 623
appropriate refuse removal service. 624
b. For a derelict vessel or a vessel declared a public 625
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nuisance pursuant to s. 327.73(1)(aa), the law enforcement 626
agency or its designee may: 627
(I) Remove the vessel from the waters of this state and 628
destroy and dispose of the vessel or authorize another 629
governmental entity or its designee to do so; or 630
(II) Authorize the vessel's use as an artificial reef in 631
accordance with s. 379.249 if all necessary federal, state, and 632
local authorizations are received. 633
634
A law enforcement agency or its designee may also take action as 635
described in this sub -subparagraph if, foll owing a hearing 636
pursuant to this section, the judge, magistrate, administrative 637
law judge, or hearing officer has determined the vessel to be 638
derelict as provided in s. 823.11 or otherwise in violation of 639
the law in accordance with s. 327.73(1)(aa) and a f inal order 640
has been entered or the case is otherwise closed. 641
(4) The owner of any abandoned or lost property, or in the 642
case of a derelict vessel or a vessel declared a public nuisance 643
pursuant to s. 327.73(1)(aa), the owner of or other party 644
determined to be legally responsible for the vessel on being 645
upon the waters of this state in a derelict condition or as a 646
public nuisance, who, after notice as provided in this section, 647
does not remove such property within the specified period is 648
liable to the law enforcement agency, other governmental entity, 649
or the agency's or entity's designee for all costs of removal, 650
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storage, destruction, and disposal of such property, less any 651
salvage value obtained by disposal of the property. Upon final 652
disposition of the pro perty, the law enforcement officer or 653
representative of the law enforcement agency or other 654
governmental entity shall notify the owner, or in the case of a 655
derelict vessel or vessel declared a public nuisance pursuant to 656
s. 327.73(1)(aa), the owner or other party determined to be 657
legally responsible, if known, of the amount owed. In the case 658
of an abandoned vessel or motor vehicle, a any person who 659
neglects or refuses to pay such amount is not entitled to be 660
issued a certificate of registration for such ves sel or motor 661
vehicle, or any other vessel or motor vehicle, until such costs 662
have been paid. A person who has neglected or refused to pay all 663
costs of removal, storage, disposal, and destruction of a vessel 664
or motor vehicle as provided in this section, aft er having been 665
provided written notice via certified mail that such costs are 666
owed, and who applies for and is issued a registration for a 667
vessel or motor vehicle before such costs have been paid in full 668
commits a misdemeanor of the first degree, punishabl e as 669
provided in s. 775.082 or s. 775.083. The law enforcement 670
officer or representative of the law enforcement agency or other 671
governmental entity shall supply the Department of Highway 672
Safety and Motor Vehicles with a list of persons whose vessel 673
registration privileges and motor vehicle privileges have been 674
revoked under this subsection. The department or a person acting 675
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
as an agent of the department may not issue a certificate of 676
registration to a person whose vessel and motor vehicle 677
registration privileges have been revoked, as provided by this 678
subsection, until such costs have been paid. 679
Section 7. Paragraphs (a), (c), and (d) of subsection (2), 680
paragraph (a) of subsection (3), paragraph (c) of subsection 681
(4), and subsections (6) and (7) of sectio n 823.11, Florida 682
Statutes, are amended, paragraph (e) is added to subsection (2) 683
of that section, and paragraph (b) of subsection (1) of that 684
section is reenacted, to read: 685
823.11 Derelict vessels; relocation or removal; penalty. — 686
(1) As used in this section, the term: 687
(b) "Derelict vessel" means a vessel, as defined in s. 688
327.02, that is: 689
1. In a wrecked, junked, or substantially dismantled 690
condition upon any waters of this state. 691
a. A vessel is wrecked if it is sunken or sinking; aground 692
without the ability to extricate itself absent mechanical 693
assistance; or remaining after a marine casualty, including, but 694
not limited to, a boating accident, extreme weather, or a fire. 695
b. A vessel is junked if it has been substantially 696
stripped of vessel com ponents, if vessel components have 697
substantially degraded or been destroyed, or if the vessel has 698
been discarded by the owner or operator. Attaching an outboard 699
motor to a vessel that is otherwise junked will not cause the 700
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vessel to no longer be junked if such motor is not an effective 701
means of propulsion as required by s. 327.4107(2)(e) and 702
associated rules. 703
c. A vessel is substantially dismantled if at least two of 704
the three following vessel systems or components are missing, 705
compromised, incomplete, in operable, or broken: 706
(I) The steering system; 707
(II) The propulsion system; or 708
(III) The exterior hull integrity. 709
710
Attaching an outboard motor to a vessel that is otherwise 711
substantially dismantled will not cause the vessel to no longer 712
be substantially dismantled if such motor is not an effective 713
means of propulsion as required by s. 327.4107(2)(e) and 714
associated rules. 715
2. At a port in this state without the consent of the 716
agency having jurisdiction thereof. 717
3. Docked, grounded, or beac hed upon the property of 718
another without the consent of the owner of the property. 719
(2)(a) A vessel owner as defined in s. 327.02 person, 720
firm, or corporation may not leave any derelict vessel upon 721
waters of this state. For purposes of this paragraph, the term 722
"leave" means to allow a vessel to remain occupied or unoccupied 723
on the waters of this state for more than 24 hours. 724
(c) The additional time provided in subparagraph (b)2. for 725
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
an owner or responsible party to remove a derelict vessel from 726
the waters of this state or to repair and remedy the vessel's 727
derelict condition does not apply to a vessel that was derelict 728
upon the waters of this state before the stated accident or 729
event. 730
(d) Notwithstanding the additional 45 days provided in 731
sub-subparagraph (b)2.b. during which an owner or a responsible 732
party may not be charged for a violation of this section, the 733
commission, an officer of the commission, a law enforcement 734
agency or officer specified in s. 327.70, or, during a state of 735
emergency declared by the Governor, the Division of Emergency 736
Management or its designee, may immediately begin the process 737
set forth in s. 705.103(2)(a) and, once that process has been 738
completed and the 45 days provided herein have passed, any 739
vessel that has not been removed or repaired such that it is no 740
longer derelict upon the waters of this state may be removed and 741
destroyed as provided therein. 742
(e) The title of a derelict vessel is prima facie evidence 743
of ownership for any derelict vessel left upon the waters of 744
this state. An owner who attempts to transfer ownership of a 745
vessel or derelict vessel through means other than the process 746
outlined in s. 328.22 or s. 328.64 will not be exonerated from 747
the responsibility of having a derelict vessel upon the waters 748
of this state without a written agreement of ownership by the 749
transferee or evidence of agreement to transfer ownership to the 750
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transferee and the exchange of consideration between the 751
parties. 752
(3) The commission, an officer of the commission, or a law 753
enforcement agency or officer specified in s. 327.70 may 754
relocate, remove, and store or cause to be relocated, removed, 755
and stored a derelict vessel from waters of this state as 756
defined in s. 327.02 if the derelict vessel obstructs or 757
threatens to obstruct navigation or in any way constitutes a 758
danger to the environment, property, or persons. The commission, 759
an officer of the commission, or any other law enforcement 760
agency or officer acting pursuant to this subsection to 761
relocate, remove, and store or cause to be relocat ed, removed, 762
and stored a derelict vessel from waters of this state shall be 763
held harmless for all damages to the derelict vessel resulting 764
from such action unless the damage results from gross negligence 765
or willful misconduct. 766
(a) All costs, including c osts owed to a third party, 767
incurred by the commission, another law enforcement agency, or a 768
governmental subdivision, when the governmental subdivision has 769
received authorization from a law enforcement officer or agency, 770
in the relocation, removal, storag e, destruction, or disposal of 771
a derelict vessel are recoverable against the vessel owner of or 772
the party determined to be legally responsible for the vessel on 773
being upon the waters of this state in a derelict condition. The 774
Department of Legal Affairs sh all represent the commission in 775
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actions to recover such costs. As provided in s. 705.103(4), a 776
person who neglects or refuses to pay such costs may not be 777
issued a certificate of registration for such vessel or for any 778
other vessel or motor vehicle until s uch costs have been paid. A 779
person who has neglected or refused to pay all costs of removal, 780
storage, destruction, or disposal of a derelict vessel as 781
provided in this section, after having been provided written 782
notice via certified mail that such costs ar e owed, and who 783
applies for and is issued a registration for a vessel or motor 784
vehicle before such costs have been paid in full commits a 785
misdemeanor of the first degree, punishable as provided in s. 786
775.082 or s. 775.083. 787
(4) 788
(c) The commission may est ablish a program to provide 789
grants to local governments for the removal, storage, 790
destruction, and disposal of derelict vessels from the waters of 791
this state. This grant funding may also be used for the removal, 792
storage, destruction, and disposal of vessel s declared a public 793
nuisance pursuant to s. 327.73(1)(aa) or the derelict vessel 794
prevention program established pursuant to s. 327.4107(7) . The 795
program must be funded from the Marine Resources Conservation 796
Trust Fund or the Florida Coastal Protection Trust Fund. 797
Notwithstanding s. 216.181(11), funds available for these grants 798
may only be authorized by appropriations acts of the 799
Legislature. In a given fiscal year, if all funds appropriated 800
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pursuant to this paragraph are not requested by and granted to 801
local governments for the removal, storage, destruction, and 802
disposal of derelict vessels or vessels declared a public 803
nuisance pursuant to s. 327.73(1)(aa) by the end of the third 804
quarter, the Fish and Wildlife Conservation Commission may use 805
the remainder of the funds to remove, store, destroy, and 806
dispose of, or to pay private contractors to remove, store, 807
destroy, and dispose of, derelict vessels or vessels declared a 808
public nuisance pursuant to s. 327.73(1)(aa). The commission 809
shall adopt by rule procedures for local governments to submit a 810
grant application and criteria for allocating available funds. 811
Such criteria must include, at a minimum, all of the following: 812
1. The number of derelict vessels within the jurisdiction 813
of the applicant. 814
2. The threat posed by such vessels to public health or 815
safety, the environment, navigation, or the aesthetic condition 816
of the general vicinity. 817
3. The degree of commitment of the local government to 818
maintain waters free of abandoned and derelict vessels and to 819
seek legal action against those who abandon vessels in the 820
waters of this state as defined in s. 327.02. 821
(6)(a) For a first offense, a vessel owner who violates 822
person, firm, or corporation violating this section commits a 823
misdemeanor of the first degree , punishable as provided in s. 824
775.082 or s. 775.083 and shall be punished as provided by law . 825
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A conviction under this section does not bar the assessment and 826
collection of a civil penalty. The court having jurisdiction 827
over the criminal offense, notwithstanding any jurisdictional 828
limitations on the amount in controversy, may order the 829
imposition of such civil penalty in addition to any sentence 830
imposed for the first criminal offense. 831
(b) For a second offense, a vessel owner who violates this 832
section commits a felony of the third degree, punishable as 833
provided in s. 775.082, s. 775.083, or s. 775.084. 834
(c) For a third or subsequent offense, a vessel owner who 835
violates this section commits a felony of the second degree, 836
punishable as provided in s. 775.082, s. 7 75.083, or s. 775.084. 837
838
A conviction under this section does not bar the assessment and 839
collection of a civil penalty. 840
(7) A person may not reside or dwell on a vessel 841
determined to be derelict by disposition of a court or 842
administrative order, or where the vessel owner does not 843
challenge the derelict determination pursuant to chapter 120. A 844
person who violates this subsection commits a misdemeanor of the 845
first degree, punishable as provided in s. 775.082 or s. 846
775.083. Law enforcement has the power and d uty to issue orders, 847
perform investigations, complete reports, and perform arrests in 848
connection with such violations to enforce this provision. If a 849
vessel is returned to the waters of this state in a condition 850
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that is no longer derelict, a person may res ide or dwell on such 851
vessel. The commission may adopt rules to implement this section 852
If an owner or a responsible party of a vessel determined to be 853
derelict through an administrative or criminal proceeding has 854
been charged by an officer of the commission or any law 855
enforcement agency or officer as specified in s. 327.70 under 856
subsection (6) for a violation of subsection (2), a person may 857
not reside or dwell on such vessel until the vessel is removed 858
from the waters of the state permanently or returned to the 859
waters of the state in a condition that is no longer derelict . 860
Section 8. For the purpose of incorporating the amendment 861
made by this act to section 823.11, Florida Statutes, in a 862
reference thereto, section 327.04, Florida Statutes, is 863
reenacted to read: 864
327.04 Rules.—The commission may adopt rules pursuant to 865
ss. 120.536(1) and 120.54 to implement this chapter, the 866
provisions of chapter 705 relating to vessels, and s. 823.11 867
conferring powers or duties upon it. 868
Section 9. For the purpose of i ncorporating the amendment 869
made by this act to section 823.11, Florida Statutes, in a 870
reference thereto, paragraph (d) of subsection (6) of section 871
327.4108, Florida Statutes, is reenacted to read: 872
327.4108 Anchoring of vessels in anchoring limitation 873
areas.— 874
(6) 875
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(d) A vessel that is the subject of more than three 876
violations within 12 months which result in dispositions other 877
than acquittal or dismissal shall be declared to be a public 878
nuisance and subject to s. 705.103 or, for a derelict vessel, 879
subject to s. 823.11. 880
Section 10. For the purpose of incorporating the 881
amendments made by this act to sections 327.4107 and 823.11, 882
Florida Statutes, in references thereto, paragraph (d) of 883
subsection (3) of section 327.54, Florida Statutes, is reenacted 884
to read: 885
327.54 Liveries; safety regulations; penalty. — 886
(3) A livery may not knowingly lease or rent a vessel to 887
any person: 888
(d) When the vessel is not seaworthy, is a derelict vessel 889
as defined in s. 823.11, or is at risk of becoming derelict as 890
provided in s. 327.4107. 891
Section 11. For the purpose of incorporating the amendment 892
made by this act to section 327.73, Florida Statutes, in a 893
reference thereto, subsection (1) of section 705.101, Florida 894
Statutes, is reenacted to read: 895
705.101 Definitions.—As used in this chapter: 896
(1) "Abandoned property" means all tangible personal 897
property that does not have an identifiable owner and that has 898
been disposed on public property in a wrecked, inoperative, or 899
partially dismantled condition or has no a pparent intrinsic 900
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value to the rightful owner. The term includes derelict vessels 901
as defined in s. 823.11 and vessels declared a public nuisance 902
pursuant to s. 327.73(1)(aa). 903
Section 12. For the purpose of incorporating the amendment 904
made by this act to section 705.103, Florida Statutes, in a 905
reference thereto, subsection (1) of section 705.104, Florida 906
Statutes, is reenacted to read: 907
705.104 Title to lost or abandoned property. — 908
(1) Title to lost or abandoned property is hereby vested 909
in the finder upon the expiration of the 90 -day custodial time 910
period specified in s. 705.103(2)(b), provided the notice 911
requirements of s. 705.103 have been met, unless the rightful 912
owner or a lienholder claims the property within that time. 913
Section 13. For the pu rpose of incorporating the amendment 914
made by this act to section 705.103, Florida Statutes, in a 915
reference thereto, subsection (8) of section 713.585, Florida 916
Statutes, is reenacted to read: 917
713.585 Enforcement of lien by sale of motor vehicle. —A 918
person claiming a lien under s. 713.58 for performing labor or 919
services on a motor vehicle may enforce such lien by sale of the 920
vehicle in accordance with the following procedures: 921
(8) A vehicle subject to lien enforcement pursuant to this 922
section must be sold by the lienor at public sale. Immediately 923
upon the sale of the vehicle and payment in cash of the purchase 924
price, the lienor shall deposit with the clerk of the circuit 925
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court the proceeds of the sale less the amount claimed by the 926
lienor for work done and storage, if any, and all reasonable 927
costs and expenses incurred in conducting the sale, including 928
any attorney's fees and costs ordered by the court. 929
Simultaneously with depositing the proceeds of sale remaining 930
after payment to the lienor, the lienor shal l file with the 931
clerk a verified report of the sale stating a description of the 932
vehicle sold, including the vehicle identification number; the 933
name and address of the purchaser; the date of the sale; and the 934
selling price. The report shall also itemize th e amount retained 935
by the lienor pursuant to this section and shall indicate 936
whether a hearing was demanded and held. All proceeds held by 937
the court shall be held for the benefit of the owner of the 938
vehicle or any lienholder whose lien is discharged by the sale 939
and shall be disbursed only upon order of the court. Unless a 940
proceeding is initiated to validate a claim to such proceeds 941
within 1 year and a day from the date of the sale, the proceeds 942
shall be deemed abandoned property and disposition thereof shall 943
be governed by s. 705.103. The clerk shall receive 5 percent of 944
the proceeds deposited with her or him, not to exceed $25, for 945
her or his services under this section. 946
Section 14. Except as otherwise expressly provided in this 947
act, this act shall take effect July 1, 2025. 948