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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 the disposition of migrant vessels; 2
amending s. 823.11, F.S.; defining the term "migrant 3
vessel"; including migrant vessels in provisions 4
concerning relocation or removal of certain vessels; 5
amending s. 705.103, F.S.; providing procedures for 6
law enforcement officers concerning disposition of 7
migrant vessels; providing an effective date. 8
9
Be It Enacted by the Legislature of the State of Florida: 10
11
Section 1. Paragraph (d) of subsection (1) of section 12
823.11, Florida Statutes, is redesignated as paragraph (e), a 13
new paragraph (d) is added to that subsection, and paragraph (a) 14
of subsection (2) and subsection (4) of that section are 15
amended, to read: 16
823.11 Derelict and migrant vessels; relocation or 17
removal; penalty.— 18
(1) As used in this section, the term: 19
(d) "Migrant vessel" means an irregularly constructed and 20
equipped maritime vessel designed, intended, or used for the 21
purpose of undocumented immigrant transportation that was built 22
or assembled using or combining makeshift or improvised 23
materials or material components and meets at least one of the 24
following criteria: 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
1. The vessel was not constructed by a boat manufacturer. 26
2. The vessel was not assigned a hull identification 27
number. 28
(2)(a) A person, firm, or corporation may not leave any 29
derelict or migrant vessel upon waters of this state. For 30
purposes of this paragraph, the term "leave" means to allow a 31
vessel to remain occupied or unoccupied on the waters of this 32
state for more than 24 hours. 33
(4)(a) Removal of derelict vessels or migrant vessels 34
under this subsection may be funded by grants provided in s. 35
206.606. 36
(b) The commission may implement a plan for the 37
procurement of any available federal disaster funds and use such 38
funds for the removal of derelict vessels or migrant vessels. 39
(c) The commission may establish a program to provide 40
grants to local governments for the removal, storage, 41
destruction, and dispos al of derelict vessels or migrant vessels 42
from the waters of this state. This grant funding may also be 43
used for the removal, storage, destruction, and disposal of 44
vessels declared a public nuisance pursuant to s. 327.73(1)(aa). 45
The program must be funded from the Marine Resources 46
Conservation Trust Fund or the Florida Coastal Protection Trust 47
Fund. Notwithstanding s. 216.181(11), funds available for these 48
grants may only be authorized by appropriations acts of the 49
Legislature. In a given fiscal year, if al l funds appropriated 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
pursuant to this paragraph are not requested by and granted to 51
local governments for the removal, storage, destruction, and 52
disposal of derelict vessels , migrant vessels, or vessels 53
declared a public nuisance pursuant to s. 327.73(1)(a a) by the 54
end of the third quarter, the Fish and Wildlife Conservation 55
Commission may use the remainder of the funds to remove, store, 56
destroy, and dispose of, or to pay private contractors to 57
remove, store, destroy, and dispose of, derelict vessels , 58
migrant vessels, or vessels declared a public nuisance pursuant 59
to s. 327.73(1)(aa). The commission shall adopt by rule 60
procedures for local governments to submit a grant application 61
and criteria for allocating available funds. Such criteria must 62
include, at a minimum, the following: 63
1. The number of derelict vessels and migrant vessels 64
within the jurisdiction of the applicant. 65
2. The threat posed by such vessels to public health or 66
safety, the environment, navigation, or the aesthetic condition 67
of the general vicinity. 68
3. The degree of commitment of the local government to 69
maintain waters free of abandoned , and derelict, and migrant 70
vessels and to seek legal action against those who abandon 71
vessels in the waters of this state as defined in s. 327.02. 72
Section 2. Paragraph (a) of subsection (2) of section 73
705.103, Florida Statutes, is amended to read: 74
705.103 Procedure for abandoned or lost property. — 75
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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
(2)(a)1. Whenever a law enforcement officer ascertains 76
that: 77
a. A migrant vessel or an article of lost or abandoned 78
property other than a derelict vessel or a vessel declared a 79
public nuisance pursuant to s. 327.73(1)(aa) is present on 80
public property and is of such nature that it cannot be easily 81
removed, the officer shall cause a notice to be placed upon such 82
article in substantially the following form: 83
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 84
PROPERTY. This property, to wit: ...(setting forth brief 85
description)... is unlawfully upon public property known as 86
...(setting forth br ief description of location)... and must be 87
removed within 5 days; otherwise, it will be removed and 88
disposed of pursuant to chapter 705, Florida Statutes. The owner 89
will be liable for the costs of removal, storage, and 90
publication of notice. Dated this: . ..(setting forth the date of 91
posting of notice)..., signed: ...(setting forth name, title, 92
address, and telephone number of law enforcement officer).... 93
b. A derelict vessel or a vessel declared a public 94
nuisance pursuant to s. 327.73(1)(aa) is present o n the waters 95
of this state, the officer shall cause a notice to be placed 96
upon such vessel in substantially the following form: 97
NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 98
VESSEL. This vessel, to wit: ...(setting forth brief description 99
of location)... has been determined to be ...(derelict or a 100
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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
public nuisance)... and is unlawfully upon the waters of this 101
state ...(setting forth brief description of location)... and 102
must be removed within 21 days; otherwise, it will be removed 103
and disposed of pursuant to chapter 705, Florida Statutes. The 104
owner and other interested parties have the right to a hearing 105
to challenge the determination that this vessel is derelict or 106
otherwise in violation of the law. Please contact ...(contact 107
information for person who can arrange for a hearing in 108
accordance with this section).... The owner or the party 109
determined to be legally responsible for the vessel being upon 110
the waters of this state in a derelict condition or as a public 111
nuisance will be liable for the costs of removal, destruction, 112
and disposal if this vessel is not removed by the owner. Dated 113
this: ...(setting forth the date of posting of notice)..., 114
signed: ...(setting forth name, title, address, and telephone 115
number of law enforcement officer).... 116
2. The notices required under subparagraph 1. may not be 117
less than 8 inches by 10 inches and must be sufficiently 118
weatherproof to withstand normal exposure to the elements. In 119
addition to posting, the law enforcement officer shall make a 120
reasonable effort to ascertain the name and address of the 121
owner. If such is reasonably available to the officer, she or he 122
shall mail a copy of such notice to the owner on the date of 123
posting or as soon thereafter as is practical. If the property 124
is a motor vehicle as def ined in s. 320.01(1) or a vessel as 125
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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
defined in s. 327.02, except a migrant vessel as defined in s. 126
823.11, the law enforcement agency shall contact the Department 127
of Highway Safety and Motor Vehicles in order to determine the 128
name and address of the owner and any person who has filed a 129
lien on the vehicle or vessel as provided in s. 319.27(2) or (3) 130
or s. 328.15. On receipt of this information, the law 131
enforcement agency shall mail a copy of the notice by certified 132
mail, return receipt requested, to the own er and to the 133
lienholder, if any, except that a law enforcement officer who 134
has issued a citation for a violation of s. 823.11 to the owner 135
of a derelict vessel is not required to mail a copy of the 136
notice by certified mail, return receipt requested, to th e 137
owner. For a derelict vessel or a vessel declared a public 138
nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 139
inform the owner or responsible party that he or she has a right 140
to a hearing to dispute the determination that the vessel is 141
derelict or otherwise in violation of the law. If a request for 142
a hearing is made, a state agency shall follow the processes as 143
set forth in s. 120.569. Local governmental entities shall 144
follow the processes set forth in s. 120.569, except that a 145
local judge, magistrate, or code enforcement officer may be 146
designated to conduct such a hearing. If, at the end of 5 days 147
after posting the notice in sub -subparagraph 1.a., or at the end 148
of 21 days after posting the notice in sub -subparagraph 1.b., 149
and mailing such notic e, if required, the owner or any person 150
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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
interested in the lost or abandoned article or articles 151
described has not removed the article or articles from public 152
property or shown reasonable cause for failure to do so, and, in 153
the case of a derelict vessel or a vessel declared a public 154
nuisance pursuant to s. 327.73(1)(aa), has not requested a 155
hearing in accordance with this section, the following shall 156
apply: 157
a. For abandoned property other than a derelict vessel or 158
a vessel declared a public nuisance pursua nt to s. 159
327.73(1)(aa), the law enforcement agency may retain any or all 160
of the property for its own use or for use by the state or unit 161
of local government, trade such property to another unit of 162
local government or state agency, donate the property to a 163
charitable organization, sell the property, or notify the 164
appropriate refuse removal service. 165
b. For a derelict vessel or a vessel declared a public 166
nuisance pursuant to s. 327.73(1)(aa), the law enforcement 167
agency or its designee may: 168
(I) Remove the vessel from the waters of this state and 169
destroy and dispose of the vessel or authorize another 170
governmental entity or its designee to do so; or 171
(II) Authorize the vessel's use as an artificial reef in 172
accordance with s. 379.249 if all necessary federal, state, and 173
local authorizations are received. 174
c. For a migrant vessel, as defined in s. 823.11, the law 175
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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
enforcement agency or its designee may remove the vessel from 176
the waters of this state and destroy and dispose of the vessel 177
or authorize another gove rnmental entity or its designee to do 178
so. 179
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A law enforcement agency or its designee may also take action as 181
described in this sub -subparagraph if, following a hearing 182
pursuant to this section, the judge, magistrate, administrative 183
law judge, or hearing off icer has determined the vessel to be 184
derelict as provided in s. 823.11 or otherwise in violation of 185
the law in accordance with s. 327.73(1)(aa) and a final order 186
has been entered or the case is otherwise closed. 187
Section 3. This act shall take effect July 1, 2025. 188