FL
Florida House Bill H1285

Florida 2025 Regular Session

Florida House Bill H1285 Compare Versions

OldNewDifferences
11
22
3-CS/HB 1285 2025
3+HB 1285 2025
44
55
66
77 CODING: Words stricken are deletions; words underlined are additions.
8-hb1285-01-c1
8+hb1285-00
99 Page 1 of 8
1010 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
1111
1212
1313
1414 A bill to be entitled 1
1515 An act relating to the disposition of migrant vessels; 2
1616 amending s. 823.11, F.S.; defining the term "migrant 3
1717 vessel"; including migrant vessels in provisions 4
1818 concerning relocation or removal of certain vessels; 5
1919 amending s. 705.103, F.S.; providing procedures for 6
2020 law enforcement officers concerning disposition of 7
2121 migrant vessels; providing an effective date. 8
2222 9
2323 Be It Enacted by the Legislature of the State of Florida: 10
2424 11
2525 Section 1. Paragraph (d) of subsection (1) of section 12
2626 823.11, Florida Statutes, is redesignated as paragraph (e), a 13
2727 new paragraph (d) is added to that subsection, and paragraph (a) 14
2828 of subsection (2) and subsection (4) of that section are 15
2929 amended, to read: 16
3030 823.11 Derelict and migrant vessels; relocation or 17
3131 removal; penalty.— 18
3232 (1) As used in this section, the term: 19
3333 (d) "Migrant vessel" means an irregularly constructed and 20
3434 equipped maritime vessel designed, intended, or used for the 21
3535 purpose of undocumented immigrant transportation that was built 22
3636 or assembled using or combining makeshift or improvised 23
37-materials or material components and meets at least one of the 24
37+materials or material components and meet at least one of the 24
3838 following criteria: 25
3939
40-CS/HB 1285 2025
40+HB 1285 2025
4141
4242
4343
4444 CODING: Words stricken are deletions; words underlined are additions.
45-hb1285-01-c1
45+hb1285-00
4646 Page 2 of 8
4747 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
4848
4949
5050
5151 1. The vessel was not constructed by a boat manufacturer. 26
5252 2. The vessel was not assigned a hull identification 27
5353 number. 28
5454 (2)(a) A person, firm, or corporation may not leave any 29
5555 derelict or migrant vessel upon waters of this state. For 30
5656 purposes of this paragraph, the term "leave" means to allow a 31
5757 vessel to remain occupied or unoccupied on the waters of this 32
5858 state for more than 24 hours. 33
5959 (4)(a) Removal of derelict vessels or migrant vessels 34
6060 under this subsection may be funded by grants provided in s. 35
6161 206.606. 36
6262 (b) The commission may implement a plan for the 37
6363 procurement of any available federal disaster funds and use such 38
6464 funds for the removal of derelict vessels or migrant vessels. 39
6565 (c) The commission may establish a program to provide 40
6666 grants to local governments for the removal, storage, 41
6767 destruction, and disposa l of derelict vessels or migrant vessels 42
6868 from the waters of this state. This grant funding may also be 43
6969 used for the removal, storage, destruction, and disposal of 44
7070 vessels declared a public nuisance pursuant to s. 327.73(1)(aa). 45
7171 The program must be funded f rom the Marine Resources 46
7272 Conservation Trust Fund or the Florida Coastal Protection Trust 47
7373 Fund. Notwithstanding s. 216.181(11), funds available for these 48
7474 grants may only be authorized by appropriations acts of the 49
7575 Legislature. In a given fiscal year, if all funds appropriated 50
7676
77-CS/HB 1285 2025
77+HB 1285 2025
7878
7979
8080
8181 CODING: Words stricken are deletions; words underlined are additions.
82-hb1285-01-c1
82+hb1285-00
8383 Page 3 of 8
8484 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
8585
8686
8787
8888 pursuant to this paragraph are not requested by and granted to 51
8989 local governments for the removal, storage, destruction, and 52
9090 disposal of derelict vessels , migrant vessels, or vessels 53
9191 declared a public nuisance pursuant to s. 327.73(1)(aa ) by the 54
9292 end of the third quarter, the Fish and Wildlife Conservation 55
9393 Commission may use the remainder of the funds to remove, store, 56
9494 destroy, and dispose of, or to pay private contractors to 57
9595 remove, store, destroy, and dispose of, derelict vessels , 58
9696 migrant vessels, or vessels declared a public nuisance pursuant 59
9797 to s. 327.73(1)(aa). The commission shall adopt by rule 60
9898 procedures for local governments to submit a grant application 61
9999 and criteria for allocating available funds. Such criteria must 62
100100 include, at a minimum, the following: 63
101101 1. The number of derelict vessels and migrant vessels 64
102102 within the jurisdiction of the applicant. 65
103103 2. The threat posed by such vessels to public health or 66
104104 safety, the environment, navigation, or the aesthetic condition 67
105105 of the general vicinity. 68
106106 3. The degree of commitment of the local government to 69
107107 maintain waters free of abandoned , and derelict, and migrant 70
108108 vessels and to seek legal action against those who abandon 71
109109 vessels in the waters of this state as defined in s. 327.02. 72
110- Section 2. Paragraph (a) of subsection (2) of section 73
111-705.103, Florida Statutes, is amended to read: 74
112- 705.103 Procedure for abandoned or lost property. — 75
110+ 73
111+ Section 2. Paragraph (a) of subsection (2) of section 74
112+705.103, Florida Statutes, is amended to read: 75
113113
114-CS/HB 1285 2025
114+HB 1285 2025
115115
116116
117117
118118 CODING: Words stricken are deletions; words underlined are additions.
119-hb1285-01-c1
119+hb1285-00
120120 Page 4 of 8
121121 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
122122
123123
124124
125- (2)(a)1. Whenever a law enforcement officer ascertains 76
126-that: 77
127- a. A migrant vessel or an article of lost or abandoned 78
128-property other than a derelict vessel or a vessel declared a 79
129-public nuisance pursuant to s. 327.73(1)(aa) is present on 80
130-public property and is of such nature that it cannot be easily 81
131-removed, the officer shall cause a notice to be placed upon such 82
132-article in substantially the following form: 83
133-NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 84
134-PROPERTY. This property, to wit: ...(setting forth brief 85
135-description)... is unlawfully upon public property known as 86
136-...(setting forth br ief description of location)... and must be 87
137-removed within 5 days; otherwise, it will be removed and 88
138-disposed of pursuant to chapter 705, Florida Statutes. The owner 89
139-will be liable for the costs of removal, storage, and 90
140-publication of notice. Dated this: . ..(setting forth the date of 91
141-posting of notice)..., signed: ...(setting forth name, title, 92
142-address, and telephone number of law enforcement officer).... 93
143- b. A derelict vessel or a vessel declared a public 94
144-nuisance pursuant to s. 327.73(1)(aa) is present o n the waters 95
145-of this state, the officer shall cause a notice to be placed 96
146-upon such vessel in substantially the following form: 97
147-NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 98
148-VESSEL. This vessel, to wit: ...(setting forth brief description 99
149-of location)... has been determined to be ...(derelict or a 100
125+ 705.103 Procedure for abandoned or lost property. — 76
126+ (2)(a)1. Whenever a law enforcement officer ascertains 77
127+that: 78
128+ a. A migrant vessel or an article of lost or abandoned 79
129+property other than a derelict vessel or a vessel declared a 80
130+public nuisance pursuant to s. 327.73(1)(aa) is present on 81
131+public property and is of such nature that it cannot be easily 82
132+removed, the officer shall cause a notice to be placed upon such 83
133+article in substantially the following form: 84
134+NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 85
135+PROPERTY. This property, to wit: ...(setting forth brief 86
136+description)... is unlawfully upon public property known as 87
137+...(setting forth br ief description of location)... and must be 88
138+removed within 5 days; otherwise, it will be removed and 89
139+disposed of pursuant to chapter 705, Florida Statutes. The owner 90
140+will be liable for the costs of removal, storage, and 91
141+publication of notice. Dated this: . ..(setting forth the date of 92
142+posting of notice)..., signed: ...(setting forth name, title, 93
143+address, and telephone number of law enforcement officer).... 94
144+ b. A derelict vessel or a vessel declared a public 95
145+nuisance pursuant to s. 327.73(1)(aa) is present o n the waters 96
146+of this state, the officer shall cause a notice to be placed 97
147+upon such vessel in substantially the following form: 98
148+NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 99
149+VESSEL. This vessel, to wit: ...(setting forth brief description 100
150150
151-CS/HB 1285 2025
151+HB 1285 2025
152152
153153
154154
155155 CODING: Words stricken are deletions; words underlined are additions.
156-hb1285-01-c1
156+hb1285-00
157157 Page 5 of 8
158158 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
159159
160160
161161
162-public nuisance)... and is unlawfully upon the waters of this 101
163-state ...(setting forth brief description of location)... and 102
164-must be removed within 21 days; otherwise, it will be removed 103
165-and disposed of pursuant to chapter 705, Florida Statutes. The 104
166-owner and other interested parties have the right to a hearing 105
167-to challenge the determination that this vessel is derelict or 106
168-otherwise in violation of the law. Please contact ...(contact 107
169-information for person who can arrange for a hearing in 108
170-accordance with this section).... The owner or the party 109
171-determined to be legally responsible for the vessel being upon 110
172-the waters of this state in a derelict condition or as a public 111
173-nuisance will be liable for the costs of removal, destruction, 112
174-and disposal if this vessel is not removed by the owner. Dated 113
175-this: ...(setting forth the date of posting of notice)..., 114
176-signed: ...(setting forth name, title, address, and telephone 115
177-number of law enforcement officer).... 116
178- 2. The notices required under subparagraph 1. may not be 117
179-less than 8 inches by 10 inches and must be sufficiently 118
180-weatherproof to withstand normal exposure to the elements. In 119
181-addition to posting, the law enforcement officer shall make a 120
182-reasonable effort to ascertain the name and address of the 121
183-owner. If such is reasonably available to the officer, she or he 122
184-shall mail a copy of such notice to the owner on the date of 123
185-posting or as soon thereafter as is practical. If the property 124
186-is a motor vehicle as def ined in s. 320.01(1) or a vessel as 125
162+of location)... has been determined to be ...(derelict or a 101
163+public nuisance)... and is unlawfully upon the waters of this 102
164+state ...(setting forth brief description of location)... and 103
165+must be removed within 21 days; otherwise, it will be removed 104
166+and disposed of pursuant to chapter 705, Florida Statutes. The 105
167+owner and other interested parties have the right to a hearing 106
168+to challenge the determination that this vessel is derelict or 107
169+otherwise in violation of the law. Please contact ...(contact 108
170+information for person who can arrange for a hearing in 109
171+accordance with this section).... The owner or the party 110
172+determined to be legally responsible for the vessel being upon 111
173+the waters of this state in a derelict condition or as a public 112
174+nuisance will be liable for the costs of removal, destruction, 113
175+and disposal if this vessel is not removed by the owner. Dated 114
176+this: ...(setting forth the date of posting of notice)..., 115
177+signed: ...(setting forth name, title, address, and telephone 116
178+number of law enforcement officer).... 117
179+ 2. The notices required under subparagraph 1. may not be 118
180+less than 8 inches by 10 inches and must be sufficiently 119
181+weatherproof to withstand normal exposure to the elements. In 120
182+addition to posting, the law enforcement officer shall make a 121
183+reasonable effort to ascertain the name and address of the 122
184+owner. If such is reasonably available to the officer, she or he 123
185+shall mail a copy of such notice to the owner on the date of 124
186+posting or as soon thereafter as is practical. If the property 125
187187
188-CS/HB 1285 2025
188+HB 1285 2025
189189
190190
191191
192192 CODING: Words stricken are deletions; words underlined are additions.
193-hb1285-01-c1
193+hb1285-00
194194 Page 6 of 8
195195 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
196196
197197
198198
199-defined in s. 327.02, except a migrant vessel as defined in s. 126
200-823.11, the law enforcement agency shall contact the Department 127
201-of Highway Safety and Motor Vehicles in order to determine the 128
202-name and address of the owner and any person who has filed a 129
203-lien on the vehicle or vessel as provided in s. 319.27(2) or (3) 130
204-or s. 328.15. On receipt of this information, the law 131
205-enforcement agency shall mail a copy of the notice by certified 132
206-mail, return receipt requested, to the own er and to the 133
207-lienholder, if any, except that a law enforcement officer who 134
208-has issued a citation for a violation of s. 823.11 to the owner 135
209-of a derelict vessel is not required to mail a copy of the 136
210-notice by certified mail, return receipt requested, to th e 137
211-owner. For a derelict vessel or a vessel declared a public 138
212-nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 139
213-inform the owner or responsible party that he or she has a right 140
214-to a hearing to dispute the determination that the vessel is 141
215-derelict or otherwise in violation of the law. If a request for 142
216-a hearing is made, a state agency shall follow the processes as 143
217-set forth in s. 120.569. Local governmental entities shall 144
218-follow the processes set forth in s. 120.569, except that a 145
219-local judge, magistrate, or code enforcement officer may be 146
220-designated to conduct such a hearing. If, at the end of 5 days 147
221-after posting the notice in sub -subparagraph 1.a., or at the end 148
222-of 21 days after posting the notice in sub -subparagraph 1.b., 149
223-and mailing such notic e, if required, the owner or any person 150
199+is a motor vehicle as def ined in s. 320.01(1) or a vessel as 126
200+defined in s. 327.02, except a migrant vessel as defined in s. 127
201+823.11, the law enforcement agency shall contact the Department 128
202+of Highway Safety and Motor Vehicles in order to determine the 129
203+name and address of the owner and any person who has filed a 130
204+lien on the vehicle or vessel as provided in s. 319.27(2) or (3) 131
205+or s. 328.15. On receipt of this information, the law 132
206+enforcement agency shall mail a copy of the notice by certified 133
207+mail, return receipt requested, to the own er and to the 134
208+lienholder, if any, except that a law enforcement officer who 135
209+has issued a citation for a violation of s. 823.11 to the owner 136
210+of a derelict vessel is not required to mail a copy of the 137
211+notice by certified mail, return receipt requested, to th e 138
212+owner. For a derelict vessel or a vessel declared a public 139
213+nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 140
214+inform the owner or responsible party that he or she has a right 141
215+to a hearing to dispute the determination that the vessel is 142
216+derelict or otherwise in violation of the law. If a request for 143
217+a hearing is made, a state agency shall follow the processes as 144
218+set forth in s. 120.569. Local governmental entities shall 145
219+follow the processes set forth in s. 120.569, except that a 146
220+local judge, magistrate, or code enforcement officer may be 147
221+designated to conduct such a hearing. If, at the end of 5 days 148
222+after posting the notice in sub -subparagraph 1.a., or at the end 149
223+of 21 days after posting the notice in sub -subparagraph 1.b., 150
224224
225-CS/HB 1285 2025
225+HB 1285 2025
226226
227227
228228
229229 CODING: Words stricken are deletions; words underlined are additions.
230-hb1285-01-c1
230+hb1285-00
231231 Page 7 of 8
232232 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
233233
234234
235235
236-interested in the lost or abandoned article or articles 151
237-described has not removed the article or articles from public 152
238-property or shown reasonable cause for failure to do so, and, in 153
239-the case of a derelict vessel or a vessel declared a public 154
240-nuisance pursuant to s. 327.73(1)(aa), has not requested a 155
241-hearing in accordance with this section, the following shall 156
242-apply: 157
243- a. For abandoned property other than a derelict vessel or 158
244-a vessel declared a public nuisance pursua nt to s. 159
245-327.73(1)(aa), the law enforcement agency may retain any or all 160
246-of the property for its own use or for use by the state or unit 161
247-of local government, trade such property to another unit of 162
248-local government or state agency, donate the property to a 163
249-charitable organization, sell the property, or notify the 164
250-appropriate refuse removal service. 165
251- b. For a derelict vessel or a vessel declared a public 166
252-nuisance pursuant to s. 327.73(1)(aa), the law enforcement 167
253-agency or its designee may: 168
254- (I) Remove the vessel from the waters of this state and 169
255-destroy and dispose of the vessel or authorize another 170
256-governmental entity or its designee to do so; or 171
257- (II) Authorize the vessel's use as an artificial reef in 172
258-accordance with s. 379.249 if all necessary federal, state, and 173
259-local authorizations are received. 174
260- c. For a migrant vessel, as defined in s. 823.11, the law 175
236+and mailing such notic e, if required, the owner or any person 151
237+interested in the lost or abandoned article or articles 152
238+described has not removed the article or articles from public 153
239+property or shown reasonable cause for failure to do so, and, in 154
240+the case of a derelict vessel or a vessel declared a public 155
241+nuisance pursuant to s. 327.73(1)(aa), has not requested a 156
242+hearing in accordance with this section, the following shall 157
243+apply: 158
244+ a. For abandoned property other than a derelict vessel or 159
245+a vessel declared a public nuisance pursua nt to s. 160
246+327.73(1)(aa), the law enforcement agency may retain any or all 161
247+of the property for its own use or for use by the state or unit 162
248+of local government, trade such property to another unit of 163
249+local government or state agency, donate the property to a 164
250+charitable organization, sell the property, or notify the 165
251+appropriate refuse removal service. 166
252+ b. For a derelict vessel or a vessel declared a public 167
253+nuisance pursuant to s. 327.73(1)(aa), the law enforcement 168
254+agency or its designee may: 169
255+ (I) Remove the vessel from the waters of this state and 170
256+destroy and dispose of the vessel or authorize another 171
257+governmental entity or its designee to do so; or 172
258+ (II) Authorize the vessel's use as an artificial reef in 173
259+accordance with s. 379.249 if all necessary federal, state, and 174
260+local authorizations are received. 175
261261
262-CS/HB 1285 2025
262+HB 1285 2025
263263
264264
265265
266266 CODING: Words stricken are deletions; words underlined are additions.
267-hb1285-01-c1
267+hb1285-00
268268 Page 8 of 8
269269 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
270270
271271
272272
273-enforcement agency or its designee may remove the vessel from 176
274-the waters of this state and destroy and dispose of the vessel 177
275-or authorize another gove rnmental entity or its designee to do 178
276-so. 179
277- 180
278-A law enforcement agency or its designee may also take action as 181
279-described in this sub -subparagraph if, following a hearing 182
280-pursuant to this section, the judge, magistrate, administrative 183
281-law judge, or hearing off icer has determined the vessel to be 184
282-derelict as provided in s. 823.11 or otherwise in violation of 185
283-the law in accordance with s. 327.73(1)(aa) and a final order 186
284-has been entered or the case is otherwise closed. 187
285- Section 3. This act shall take effect July 1, 2025. 188
273+ c. For a migrant vessel, as defined in s. 823.11, the law 176
274+enforcement agency or its designee may remove the vessel from 177
275+the waters of this state and destroy and dispose of the vessel 178
276+or authorize another gove rnmental entity or its designee to do 179
277+so. 180
278+ 181
279+A law enforcement agency or its designee may also take action as 182
280+described in this sub -subparagraph if, following a hearing 183
281+pursuant to this section, the judge, magistrate, administrative 184
282+law judge, or hearing off icer has determined the vessel to be 185
283+derelict as provided in s. 823.11 or otherwise in violation of 186
284+the law in accordance with s. 327.73(1)(aa) and a final order 187
285+has been entered or the case is otherwise closed. 188
286+ Section 3. This act shall take effect July 1, 2025. 189