CS for SB 164 First Engrossed (ntc) 2025164e1 1 A bill to be entitled 2 An act relating to vessel accountability; amending s. 3 327.02, F.S.; deleting the term owner; defining the 4 term vessel owner; reenacting and amending s. 5 327.4107, F.S.; providing a penalty for a person 6 anchoring, mooring, or allowing certain vessels to 7 occupy the waters of this state if an officer of the 8 Fish and Wildlife Conservation Commission or a law 9 enforcement agency finds that specified conditions 10 exist; revising the manner and timeframe for vessel 11 owners or operators to demonstrate a vessels 12 effective means of propulsion for safe navigation; 13 deleting provisions providing a penalty for a person 14 who anchors or moors certain vessels on the waters of 15 this state; creating s. 327.4111, F.S.; defining the 16 term long-term anchoring; requiring the commission 17 to issue, at no cost, a permit for the long-term 18 anchoring of a vessel which includes specified 19 information; providing construction; providing a 20 penalty for long-term anchoring without a permit; 21 providing applicability; providing that a permit is 22 not required under certain circumstances; requiring 23 the commission to use an electronic application and 24 permitting system; clarifying that certain provisions 25 do not supersede any other anchoring limitations 26 established pursuant to law; authorizing the 27 commission to adopt rules; amending s. 327.70, F.S.; 28 authorizing the enforcement of certain noncriminal 29 violations by citation mailed or issued to the owner 30 of certain vessels; amending s. 327.73, F.S.; 31 requiring that a vessel subject to a specified number 32 of violations within a 24-month period which result in 33 certain dispositions be declared a public nuisance; 34 providing that failure to appear at a hearing or 35 failure to pay civil penalties constitutes a certain 36 disposition; providing penalties related to long-term 37 anchoring; requiring that a vessel subject to a 38 specified number of violations relating to long-term 39 anchoring within a 24-month period which result in 40 certain dispositions be declared a public nuisance; 41 providing that failure to appear at a hearing or 42 failure to pay a certain civil penalty constitutes a 43 disposition other than acquittal or dismissal; 44 providing an exception; authorizing certain persons to 45 relocate, remove, or cause to be relocated or removed 46 certain vessels; requiring that certain persons be 47 held harmless for all damages to a vessel resulting 48 from such relocation or removal; providing exceptions; 49 amending s. 705.103, F.S.; revising the notice placed 50 upon a derelict vessel declared a public nuisance 51 which is present upon the waters of this state; 52 deleting a provision specifying that a party 53 responsible for a derelict vessel or a vessel declared 54 a public nuisance has the right to a certain hearing; 55 deleting provisions assigning liability to a party 56 deemed legally responsible for a derelict vessel or 57 vessel declared a public nuisance; deleting provisions 58 allowing a law enforcement officer or a representative 59 of a law enforcement agency or other governmental 60 entity to notify a party deemed legally responsible 61 for a derelict vessel or a vessel declared a public 62 nuisance of the final disposition of the derelict 63 vessel; reenacting and amending s. 823.11, F.S.; 64 prohibiting a vessel owner from leaving a derelict 65 vessel upon the waters of this state; deleting 66 provisions related to a party responsible for a 67 derelict vessel; providing prima facie evidence of 68 ownership or control of a derelict vessel left upon 69 the waters of this state; providing a means of 70 exonerating an owner of a vessel or derelict vessel of 71 responsibility if such owner attempts to transfer 72 ownership or control of such vessel; providing that 73 the owner of a derelict vessel is exclusively 74 responsible for all costs associated with the 75 relocation, removal, storage, destruction, or disposal 76 of the derelict vessel; authorizing the commission to 77 use grant funds allocated for the removal, storage, 78 destruction, and disposal of derelict vessels from the 79 waters of this state for the derelict vessel 80 prevention program; providing penalties; prohibiting a 81 person from dwelling or residing on a derelict vessel; 82 providing penalties; authorizing law enforcement 83 officers to enforce such provisions; authorizing a 84 person to reside on a vessel if the vessel is in a 85 state or condition that is no longer derelict; 86 authorizing the commission to adopt rules; reenacting 87 ss. 327.04 and 327.4108(6)(d), F.S., relating to rules 88 and the anchoring of vessels in anchoring limitation 89 areas, respectively, to incorporate the amendment made 90 to s. 832.11, F.S., in references thereto; reenacting 91 s. 327.54(3)(d), F.S., relating to liveries, safety 92 regulations, and penalties, to incorporate the 93 amendments made to ss. 327.4107 and 823.11, F.S., in 94 references thereto; reenacting s. 705.101(1), F.S., 95 relating to definitions, to incorporate the amendment 96 made to s. 327.73, F.S., in a reference thereto; 97 reenacting ss. 705.104(1) and 713.585(8), F.S., 98 relating to the title to lost or abandoned property 99 and the enforcement of a lien by sale of motor 100 vehicle, respectively, to incorporate the amendment 101 made to s. 705.103, F.S., in references thereto; 102 providing effective dates. 103 104 Be It Enacted by the Legislature of the State of Florida: 105 106 Section 1.Subsections (35) through (47) of section 327.02, 107 Florida Statutes, are amended to read: 108 327.02Definitions.As used in this chapter and in chapter 109 328, unless the context clearly requires a different meaning, 110 the term: 111 (35)Owner means a person, other than a lienholder, 112 having the property in or title to a vessel. The term includes a 113 person entitled to the use or possession of a vessel subject to 114 an interest in another person which is reserved or created by 115 agreement and securing payment of performance of an obligation. 116 The term does not include a lessee under a lease not intended as 117 security. 118 (36)Person means an individual, partnership, firm, 119 corporation, association, or other entity. 120 (36)(37)Personal watercraft means a vessel less than 16 121 feet in length which uses an inboard motor powering a water jet 122 pump as its primary source of motive power and which is designed 123 to be operated by a person sitting, standing, or kneeling on the 124 vessel, rather than in the conventional manner of sitting or 125 standing inside the vessel. 126 (37)(38)Portable toilet means a device consisting of a 127 lid, seat, containment vessel, and support structure which is 128 specifically designed to receive, retain, and discharge human 129 waste and which is capable of being removed from a vessel by 130 hand. 131 (38)(39)Prohibited activity means activity that will 132 impede or disturb navigation or creates a safety hazard on 133 waterways of this state. 134 (39)(40)Racing shell, rowing scull, or racing kayak 135 means a manually propelled vessel that is recognized by national 136 or international racing associations for use in competitive 137 racing and in which all occupants, with the exception of a 138 coxswain, if one is provided, row, scull, or paddle and that is 139 not designed to carry and does not carry any equipment not 140 solely for competitive racing. 141 (40)(41)Recreational vessel means a vessel: 142 (a)Manufactured and used primarily for noncommercial 143 purposes; or 144 (b)Leased, rented, or chartered to a person for his or her 145 noncommercial use. 146 (41)(42)Registration means a state operating license on 147 a vessel which is issued with an identifying number, an annual 148 certificate of registration, and a decal designating the year 149 for which a registration fee is paid. 150 (42)(43)Resident means a citizen of the United States 151 who has established residence in this state and has continuously 152 resided in this state for 1 year and in one county for the 6 153 months immediately preceding the initiation of a vessel titling 154 or registration action. 155 (43)(44)Sailboat means a vessel whose sole source of 156 propulsion is the wind. 157 (44)(45)Sustained wind speed means a wind speed 158 determined by averaging the observed wind speed rounded up to 159 the nearest mile per hour over a 2-minute period. 160 (45)(46)Unclaimed vessel means an undocumented vessel, 161 including its machinery, rigging, and accessories, which is in 162 the physical possession of a marina, garage, or repair shop for 163 repairs, improvements, or other work with the knowledge of the 164 vessel owner and for which the costs of such services have been 165 unpaid for more than 90 days after the date written notice of 166 the completed work is given by the marina, garage, or repair 167 shop to the vessel owner. 168 (46)(47)Vessel is synonymous with boat as referenced in 169 s. 1(b), Art. VII of the State Constitution and includes every 170 description of watercraft, barge, and airboat, other than a 171 seaplane on the water, used or capable of being used as a means 172 of transportation on water. 173 (47)Vessel owner means a person, other than a lienholder 174 or lessee under a lease that is not intended as security, having 175 the property in or title to a vessel. The term includes all of 176 the following: 177 (a)A person entitled to the use or possession of a vessel 178 subject to an interest in another person which is reserved or 179 created by agreement and securing payment of performance of an 180 obligation. The term does not include a lessee under a lease not 181 intended as security. 182 (b)A person identified in the records of the Department of 183 Highway Safety and Motor Vehicles, or other state equivalent, as 184 the title certificate holder of the vessel. 185 (c)A person identified as the buyer, transferee, or new 186 owner in a notice filed pursuant to s. 328.64(1). 187 (d)A person who has signed a written agreement for the 188 purchase and sale of the vessel and paid the consideration, if 189 any, required under the agreement. 190 (e)A person who has provided a written, signed receipt to 191 the seller or transferor of the vessel acknowledging actual 192 receipt and possession of the vessel. 193 Section 2.Subsections (2) and (3) of section 327.4107, 194 Florida Statutes, are amended, and paragraph (a) of present 195 subsection (7) of that section is reenacted, to read: 196 327.4107Vessels at risk of becoming derelict on waters of 197 this state. 198 (2)It is a noncriminal infraction punishable as provided 199 in s. 327.73 for a person to anchor or moor an officer of the 200 commission or of a law enforcement agency specified in s. 327.70 201 may determine that a vessel is at risk of becoming derelict on 202 the waters of this state or to allow such vessel to occupy such 203 waters. A vessel is at risk of becoming derelict if, as 204 determined by an officer of the commission or a law enforcement 205 agency, if any of the following conditions exist: 206 (a)The vessel is taking on or has taken on water without 207 an effective means to dewater. 208 (b)Spaces on the vessel which that are designed to be 209 enclosed are incapable of being sealed off or remain open to the 210 elements for extended periods of time. 211 (c)The vessel has broken loose or is in danger of breaking 212 loose from its anchor. 213 (d)The vessel is listing due to water intrusion. 214 (e)The vessel does not have an effective means of 215 propulsion, and the vessel owner or operator is unable to 216 provide a receipt, proof of purchase, or other documentation of 217 having ordered necessary parts for repair. If the owner or 218 operator is present on the vessel, a law enforcement officer may 219 require a test of the vessels effective means of propulsion for 220 safe navigation, to be conducted immediately. If the owner or 221 operator is not present on the vessel, the owner or operator 222 must, in the presence of law enforcement, conduct the test for 223 effective means of propulsion for safe navigation within 48 72 224 hours after the vessel owner or operator receives telephonic 225 notice from a law enforcement officer, in-person notice recorded 226 on an agency-approved body camera, or written notice, which may 227 be provided by facsimile, electronic mail, or other electronic 228 means, stating such from an officer, and the vessel owner or 229 operator is unable to provide a receipt, proof of purchase, or 230 other documentation of having ordered necessary parts for vessel 231 repair. The commission may adopt rules to implement this 232 paragraph. 233 (f)The vessel is tied to an unlawful or unpermitted 234 structure or mooring. 235 (3)A person who anchors or moors a vessel at risk of 236 becoming derelict on the waters of this state or allows such a 237 vessel to occupy such waters commits a noncriminal infraction, 238 punishable as provided in s. 327.73. 239 (6)(7)The commission may establish a derelict vessel 240 prevention program to address vessels at risk of becoming 241 derelict. Such program may, but is not required to, include: 242 (a)Removal, relocation, and destruction of vessels 243 declared a public nuisance, derelict or at risk of becoming 244 derelict, or lost or abandoned in accordance with s. 327.53(7), 245 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3). 246 247 The commission may adopt rules to implement this subsection. 248 Implementation of the derelict vessel prevention program shall 249 be subject to appropriation by the Legislature and shall be 250 funded by the Marine Resources Conservation Trust Fund or the 251 Florida Coastal Protection Trust Fund. 252 Section 3.Effective January 1, 2026, section 327.4111, 253 Florida Statutes, is created to read: 254 327.4111Long-term anchoring. 255 (1)As used in this section, the term long-term anchoring 256 means anchoring a vessel within 1 linear nautical mile of a 257 documented anchorage point for 14 days or more within a 30-day 258 period. 259 (2)The commission shall, at no cost to the applicant, 260 issue a permit for the long-term anchoring of a vessel within 261 the waters of this state upon receiving an application that 262 includes, but is not limited to, all of the following 263 information: 264 (a)For the vessel owner or operator: 265 1.Name. 266 2.Mailing address. 267 3.Telephone number. 268 4.E-mail address. 269 5.Birthdate. 270 6.Driver license number, if applicable. 271 (b)For the vessel: 272 1.Make. 273 2.Model. 274 3.Year. 275 4.Style. 276 5.Hull identification number. 277 6.Registration number or United States Coast Guard 278 documentation, if applicable. 279 7.Vessel name, if applicable. 280 (c)Location where the vessel will be anchored. 281 (d)Notice that the long-term anchoring permit may be 282 revoked if the vessel is a derelict vessel as defined in s. 283 823.11, or is at risk of becoming derelict as provided in s. 284 327.4107, or is in violation of marine sanitation provisions in 285 s. 327.53. 286 (3)The long-term anchoring permit established under this 287 section is specific to one vessel only. However, a person may 288 obtain more than one permit. A permit must be renewed or updated 289 for each long-term anchoring location. Long-term anchoring 290 permits expire 1 year from the date of issuance and may be 291 revoked if the permitted vessel is a derelict vessel as defined 292 in s. 823.11, is at risk of becoming derelict, or is operated or 293 occupied on waters of this state in violation of s. 327.53. 294 (4)A person who engages in long-term anchoring of a vessel 295 within the waters of this state without a valid long-term 296 anchoring permit commits a noncriminal infraction, punishable as 297 provided is s. 327.73. 298 (5)This section does not apply to any of the following: 299 (a)Vessels owned or operated by a governmental entity for 300 law enforcement, firefighting, military, or rescue purposes. 301 (b)Construction or dredging vessels on an active job site. 302 (c)Vessels actively engaged in commercial fishing. 303 (d)Vessels engaged in recreational fishing if the persons 304 onboard are actively tending hook and line fishing gear or nets. 305 (6)A permit under this section is not required if a vessel 306 is docked at a public or private dock or moored to a mooring 307 buoy permitted as provided in s. 327.40. 308 (7)In implementing this section, the commission must use 309 an electronic application and permitting system. 310 (8)The provisions of this section do not supersede any 311 other anchoring limitations established pursuant to law. 312 (9)The commission may adopt rules to implement this 313 section. 314 Section 4.Paragraph (a) of subsection (3) of section 315 327.70, Florida Statutes, is amended, and paragraph (e) is added 316 to that subsection, to read: 317 327.70Enforcement of this chapter and chapter 328. 318 (3)(a)Noncriminal violations of the following statutes may 319 be enforced by a uniform boating citation mailed to the 320 registered owner of an unattended vessel anchored, aground, or 321 moored on the waters of this state: 322 1.Section 327.33(3)(b), relating to navigation rules. 323 2.Section 327.44, relating to interference with 324 navigation. 325 3.Section 327.50(2), relating to required lights and 326 shapes. 327 4.Section 327.53, relating to marine sanitation. 328 5.Section 328.48(5), relating to display of decal. 329 6.Section 328.52(2), relating to display of number. 330 7.Section 327.4107, relating to vessels at risk of 331 becoming derelict. 332 8.Section 327.4109, relating to prohibited anchoring or 333 mooring. 334 9.Section 328.72(13), relating to expired registration. 335 10.Section 327.4111, relating to long-term anchoring. 336 (e)A noncriminal violation of s. 327.4111 may be enforced 337 by a uniform boating citation issued to the owner or operator of 338 a vessel engaged in unlawful long-term anchoring. 339 Section 5.Subsection (1) of section 327.73, Florida 340 Statutes, is amended to read: 341 327.73Noncriminal infractions. 342 (1)Violations of the following provisions of the vessel 343 laws of this state are noncriminal infractions: 344 (a)Section 328.46, relating to operation of unregistered 345 and unnumbered vessels. 346 (b)Section 328.48(4), relating to display of number and 347 possession of registration certificate. 348 (c)Section 328.48(5), relating to display of decal. 349 (d)Section 328.52(2), relating to display of number. 350 (e)Section 328.54, relating to spacing of digits and 351 letters of identification number. 352 (f)Section 328.60, relating to military personnel and 353 registration of vessels. 354 (g)Section 328.72(13), relating to operation with an 355 expired registration, for which the penalty is: 356 1.For a first or subsequent offense of s. 328.72(13)(a), 357 up to a maximum of $100. 358 2.For a first offense of s. 328.72(13)(b), up to a maximum 359 of $250. 360 3.For a second or subsequent offense of s. 328.72(13)(b), 361 up to a maximum of $500. A Any person cited for a noncriminal 362 infraction under this subparagraph may not have the provisions 363 of paragraph (4)(a) available to him or her but must appear 364 before the designated official at the time and location of the 365 scheduled hearing. 366 (h)Section 327.33(2), relating to careless operation. 367 (i)Section 327.37, relating to water skiing, aquaplaning, 368 parasailing, and similar activities. 369 (j)Section 327.44, relating to interference with 370 navigation. 371 (k)Violations relating to boating-restricted areas and 372 speed limits: 373 1.Established by the commission or by local governmental 374 authorities pursuant to s. 327.46. 375 2.Speed limits established pursuant to s. 379.2431(2). 376 (l)Section 327.48, relating to regattas and races. 377 (m)Section 327.50(1) and (2), relating to required safety 378 equipment, lights, and shapes. 379 (n)Section 327.65, relating to muffling devices. 380 (o)Section 327.33(3)(b), relating to a violation of 381 navigation rules: 382 1.That does not result in an accident; or 383 2.That results in an accident not causing serious bodily 384 injury or death, for which the penalty is: 385 a.For a first offense, up to a maximum of $500. 386 b.For a second offense, up to a maximum of $1,000. 387 c.For a third or subsequent offense, up to a maximum of 388 $1,500. 389 (p)Section 327.39(1), (2), (3), and (5), relating to 390 personal watercraft. 391 (q)Section 327.53(1), (2), (3), and (8), relating to 392 marine sanitation. 393 (r)Section 327.53(4), (5), and (7), relating to marine 394 sanitation, and s. 327.60, relating to no-discharge zones, for 395 which the civil penalty is $250. 396 (s)Section 327.395, relating to boater safety education. 397 However, a person cited for violating the requirements of s. 398 327.395 relating to failure to have required proof of boating 399 safety education in his or her possession may not be convicted 400 if, before or at the time of a county court hearing, the person 401 produces proof of the boating safety education identification 402 card or temporary certificate for verification by the hearing 403 officer or the court clerk and the identification card or 404 temporary certificate was valid at the time the person was 405 cited. 406 (t)Section 327.52(3), relating to operation of overloaded 407 or overpowered vessels. 408 (u)Section 327.331, relating to divers-down warning 409 devices, except for violations meeting the requirements of s. 410 327.33. 411 (v)Section 327.391(1), relating to the requirement for an 412 adequate muffler on an airboat. 413 (w)Section 327.391(3), relating to the display of a flag 414 on an airboat. 415 (x)Section 253.04(3)(a), relating to carelessly causing 416 seagrass scarring, for which the civil penalty upon conviction 417 is: 418 1.For a first offense, $100. 419 2.For a second offense occurring within 12 months after a 420 prior conviction, $250. 421 3.For a third offense occurring within 36 months after a 422 prior conviction, $500. 423 4.For a fourth or subsequent offense occurring within 72 424 months after a prior conviction, $1,000. 425 (y)Section 327.45, relating to protection zones for 426 springs, for which the penalty is: 427 1.For a first offense, $100. 428 2.For a second offense occurring within 12 months after a 429 prior conviction, $250. 430 3.For a third offense occurring within 36 months after a 431 prior conviction, $500. 432 4.For a fourth or subsequent offense occurring within 72 433 months after a prior conviction, $1,000. 434 (z)Section 327.4108, relating to the anchoring of vessels 435 in anchoring limitation areas, for which the penalty is: 436 1.For a first offense, up to a maximum of $100. 437 2.For a second offense, up to a maximum of $250. 438 3.For a third or subsequent offense, up to a maximum of 439 $500. 440 (aa)Section 327.4107, relating to vessels at risk of 441 becoming derelict on waters of this state, for which the civil 442 penalty is: 443 1.For a first offense, $100. 444 2.For a second offense occurring 30 days or more after a 445 first offense, $250. 446 3.For a third or subsequent offense occurring 30 days or 447 more after a previous offense, $500. 448 449 A vessel that is the subject of three or more violations issued 450 pursuant to the same paragraph of s. 327.4107(2) which occur 451 within a 24-month an 18-month period and which result in 452 dispositions other than acquittal or dismissal must shall be 453 declared to be a public nuisance and subject to ss. 705.103(2) 454 and (4) and 823.11(3). For purposes of this paragraph, failure 455 to appear at a hearing or failure to pay the civil penalty 456 constitutes a disposition other than acquittal or dismissal 457 unless such failure to appear or such nonpayment is excused or 458 set aside by the court for good cause shown. The commission, an 459 officer of the commission, or a law enforcement agency or 460 officer specified in s. 327.70 may relocate, remove, or cause to 461 be relocated or removed such public nuisance vessels from waters 462 of this state. The commission, an officer of the commission, or 463 a law enforcement agency or officer acting pursuant to this 464 paragraph upon waters of this state shall be held harmless for 465 all damages to the vessel resulting from such relocation or 466 removal unless the damage results from gross negligence or 467 willful misconduct as these terms are defined in s. 823.11. 468 (bb)Section 327.4109, relating to anchoring or mooring in 469 a prohibited area, for which the penalty is: 470 1.For a first offense, up to a maximum of $100. 471 2.For a second offense, up to a maximum of $250. 472 3.For a third or subsequent offense, up to a maximum of 473 $500. 474 (cc)Section 327.463(4)(a) and (b), relating to vessels 475 creating special hazards, for which the penalty is: 476 1.For a first offense, $100. 477 2.For a second offense occurring within 12 months after a 478 prior offense, $250. 479 3.For a third offense occurring within 36 months after a 480 prior offense, $500. 481 (dd)Section 327.371, relating to the regulation of human 482 powered vessels. 483 (ee)Section 328.03, relating to an improper transfer of 484 title, for which the penalty is up to a maximum of $500. 485 (ff)Section 328.48(9), relating to the failure to update 486 vessel registration information, for which the penalty is up to 487 a maximum of $500. 488 (gg)Section 327.4111, relating to long-term anchoring, for 489 which the penalty is: 490 1.For a first offense, up to a maximum of $100. 491 2.For a second offense, up to a maximum of $250. 492 3.For a third or subsequent offense, up to a maximum of 493 $500. 494 495 A vessel that is the subject of three or more violations of s. 496 327.4111 that occur within a 24-month period and that result in 497 dispositions other than acquittal or dismissal must be declared 498 a public nuisance and subject to ss. 705.103(2) and (4) and 499 823.11(3). For purposes of this paragraph, failure to appear at 500 a hearing or failure to pay the civil penalty required by s. 501 327.72 constitutes a disposition other than acquittal or 502 dismissal, unless such failure to appear or such nonpayment is 503 excused or set aside by the court for good cause shown. The 504 commission, an officer of the commission, or a law enforcement 505 agency or officer specified in s. 327.70 may relocate, remove, 506 or cause to be relocated or removed such public nuisance vessels 507 from waters of this state. The commission, an officer of the 508 commission, or a law enforcement agency or officer acting 509 pursuant to this paragraph shall be held harmless for all 510 damages to the vessel resulting from such relocation or removal 511 unless the damage results from gross negligence or willful 512 misconduct as those terms are defined in s. 823.11. 513 514 A Any person cited for a violation of this subsection is shall 515 be deemed to be charged with a noncriminal infraction, must 516 shall be cited for such an infraction, and must shall be cited 517 to appear before the county court. The civil penalty for any 518 such infraction is $100, except as otherwise provided in this 519 section. A Any person who fails to appear or otherwise properly 520 respond to a uniform boating citation, in addition to the charge 521 relating to the violation of the boating laws of this state, 522 must be charged with the offense of failing to respond to such 523 citation and, upon conviction, be guilty of a misdemeanor of the 524 second degree, punishable as provided in s. 775.082 or s. 525 775.083. A written warning to this effect must shall be provided 526 at the time such uniform boating citation is issued. 527 Section 6.Subsection (1), paragraph (a) of subsection (2), 528 and subsection (4) of section 705.103, Florida Statutes, are 529 amended to read: 530 705.103Procedure for abandoned or lost property. 531 (1)Whenever a law enforcement officer ascertains that an 532 article of lost or abandoned property is present on public 533 property and is of such nature that it can be easily removed, 534 the officer shall take such article into custody and shall make 535 a reasonable attempt to ascertain the rightful owner or 536 lienholder pursuant to the provisions of this section. For the 537 purposes of this section, the term owner includes a vessel 538 owner as defined in s. 327.02. 539 (2)(a)1.Whenever a law enforcement officer ascertains 540 that: 541 a.An article of lost or abandoned property other than a 542 derelict vessel or a vessel declared a public nuisance pursuant 543 to s. 327.73(1)(aa) is present on public property and is of such 544 nature that it cannot be easily removed, the officer shall cause 545 a notice to be placed upon such article in substantially the 546 following form: 547 548 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 549 PROPERTY. This property, to wit: ...(setting forth brief 550 description)... is unlawfully upon public property known as 551 ...(setting forth brief description of location)... and must be 552 removed within 5 days; otherwise, it will be removed and 553 disposed of pursuant to chapter 705, Florida Statutes. The owner 554 will be liable for the costs of removal, storage, and 555 publication of notice. Dated this: ...(setting forth the date of 556 posting of notice)..., signed: ...(setting forth name, title, 557 address, and telephone number of law enforcement officer).... 558 559 b.A derelict vessel or a vessel declared a public nuisance 560 pursuant to s. 327.73(1)(aa) is present on the waters of this 561 state, the officer shall cause a notice to be placed upon such 562 vessel in substantially the following form: 563 564 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 565 VESSEL. This vessel, to wit: ...(setting forth brief description 566 of location)... has been determined to be ...(derelict or a 567 public nuisance)... and is unlawfully upon the waters of this 568 state ...(setting forth brief description of location)... and 569 must be removed within 21 days; otherwise, it will be removed 570 and disposed of pursuant to chapter 705, Florida Statutes. The 571 owner and other interested parties have the right to a hearing 572 to challenge the determination that this vessel is derelict or 573 otherwise in violation of the law. Please contact ...(contact 574 information for person who can arrange for a hearing in 575 accordance with this section).... The owner of or the party 576 determined to be legally responsible for the vessel on being 577 upon the waters of this state in a derelict condition or as a 578 public nuisance will be liable for the costs of removal, 579 destruction, and disposal if this vessel is not removed by the 580 owner. Dated this: ...(setting forth the date of posting of 581 notice)..., signed: ...(setting forth name, title, address, and 582 telephone number of law enforcement officer).... 583 584 2.The notices required under subparagraph 1. may not be 585 less than 8 inches by 10 inches and must be sufficiently 586 weatherproof to withstand normal exposure to the elements. In 587 addition to posting, the law enforcement officer shall make a 588 reasonable effort to ascertain the name and address of the 589 owner. If such is reasonably available to the officer, he or she 590 must or he shall mail a copy of such notice to the owner on the 591 date of posting or as soon thereafter as is practical. If the 592 property is a motor vehicle as defined in s. 320.01(1) or a 593 vessel as defined in s. 327.02, the law enforcement agency must 594 shall contact the Department of Highway Safety and Motor 595 Vehicles in order to determine the name and address of the owner 596 and any person who has filed a lien on the vehicle or vessel as 597 provided in s. 319.27(2) or (3) or s. 328.15. On receipt of this 598 information, the law enforcement agency shall mail a copy of the 599 notice by certified mail, return receipt requested, to the owner 600 and to the lienholder, if any, except that a law enforcement 601 officer who has issued a citation for a violation of s. 823.11 602 to the owner of a derelict vessel is not required to mail a copy 603 of the notice by certified mail, return receipt requested, to 604 the owner. For a derelict vessel or a vessel declared a public 605 nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 606 inform the owner or responsible party that he or she has a right 607 to a hearing to dispute the determination that the vessel is 608 derelict or otherwise in violation of the law. If a request for 609 a hearing is made, a state agency must shall follow the 610 processes as set forth in s. 120.569. Local governmental 611 entities shall follow the processes set forth in s. 120.569, 612 except that a local judge, magistrate, or code enforcement 613 officer may be designated to conduct such a hearing. If, at the 614 end of 5 days after posting the notice in sub-subparagraph 1.a., 615 or at the end of 21 days after posting the notice in sub 616 subparagraph 1.b., and mailing such notice, if required, the 617 owner or any person interested in the lost or abandoned article 618 or articles described has not removed the article or articles 619 from public property or shown reasonable cause for failure to do 620 so, and, in the case of a derelict vessel or a vessel declared a 621 public nuisance pursuant to s. 327.73(1)(aa), has not requested 622 a hearing in accordance with this section, the following applies 623 shall apply: 624 a.For abandoned property other than a derelict vessel or a 625 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 626 the law enforcement agency may retain any or all of the property 627 for its own use or for use by the state or unit of local 628 government, trade such property to another unit of local 629 government or state agency, donate the property to a charitable 630 organization, sell the property, or notify the appropriate 631 refuse removal service. 632 b.For a derelict vessel or a vessel declared a public 633 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 634 agency or its designee may: 635 (I)Remove the vessel from the waters of this state and 636 destroy and dispose of the vessel or authorize another 637 governmental entity or its designee to do so; or 638 (II)Authorize the vessels use as an artificial reef in 639 accordance with s. 379.249 if all necessary federal, state, and 640 local authorizations are received. 641 642 A law enforcement agency or its designee may also take action as 643 described in this sub-subparagraph if, following a hearing 644 pursuant to this section, the judge, magistrate, administrative 645 law judge, or hearing officer has determined the vessel to be 646 derelict as provided in s. 823.11 or otherwise in violation of 647 the law in accordance with s. 327.73(1)(aa) and a final order 648 has been entered or the case is otherwise closed. 649 (4)The owner of any abandoned or lost property, or in the 650 case of a derelict vessel or a vessel declared a public nuisance 651 pursuant to s. 327.73(1)(aa), the owner of or other party 652 determined to be legally responsible for the vessel on being 653 upon the waters of this state in a derelict condition or as a 654 public nuisance, who, after notice as provided in this section, 655 does not remove such property within the specified period is 656 liable to the law enforcement agency, other governmental entity, 657 or the agencys or entitys designee for all costs of removal, 658 storage, destruction, and disposal of such property, less any 659 salvage value obtained by disposal of the property. Upon final 660 disposition of the property, the law enforcement officer or 661 representative of the law enforcement agency or other 662 governmental entity shall notify the owner, or in the case of a 663 derelict vessel or vessel declared a public nuisance pursuant to 664 s. 327.73(1)(aa), the owner or other party determined to be 665 legally responsible, if known, of the amount owed. In the case 666 of an abandoned vessel or motor vehicle, a any person who 667 neglects or refuses to pay such amount is not entitled to be 668 issued a certificate of registration for such vessel or motor 669 vehicle, or any other vessel or motor vehicle, until such costs 670 have been paid. A person who has neglected or refused to pay all 671 costs of removal, storage, disposal, and destruction of a vessel 672 or motor vehicle as provided in this section, after having been 673 provided written notice via certified mail that such costs are 674 owed, and who applies for and is issued a registration for a 675 vessel or motor vehicle before such costs have been paid in full 676 commits a misdemeanor of the first degree, punishable as 677 provided in s. 775.082 or s. 775.083. The law enforcement 678 officer or representative of the law enforcement agency or other 679 governmental entity shall supply the Department of Highway 680 Safety and Motor Vehicles with a list of persons whose vessel 681 registration privileges and motor vehicle privileges have been 682 revoked under this subsection. The department or a person acting 683 as an agent of the department may not issue a certificate of 684 registration to a person whose vessel and motor vehicle 685 registration privileges have been revoked, as provided by this 686 subsection, until such costs have been paid. 687 Section 7.Paragraphs (a), (c), and (d) of subsection (2), 688 paragraph (a) of subsection (3), paragraph (c) of subsection 689 (4), and subsections (6) and (7) of section 823.11, Florida 690 Statutes, are amended, paragraph (e) is added to subsection (2) 691 of that section, and paragraph (b) of subsection (1) of that 692 section is reenacted, to read: 693 823.11Derelict vessels; relocation or removal; penalty. 694 (1)As used in this section, the term: 695 (b)Derelict vessel means a vessel, as defined in s. 696 327.02, that is: 697 1.In a wrecked, junked, or substantially dismantled 698 condition upon any waters of this state. 699 a.A vessel is wrecked if it is sunken or sinking; aground 700 without the ability to extricate itself absent mechanical 701 assistance; or remaining after a marine casualty, including, but 702 not limited to, a boating accident, extreme weather, or a fire. 703 b.A vessel is junked if it has been substantially stripped 704 of vessel components, if vessel components have substantially 705 degraded or been destroyed, or if the vessel has been discarded 706 by the owner or operator. Attaching an outboard motor to a 707 vessel that is otherwise junked will not cause the vessel to no 708 longer be junked if such motor is not an effective means of 709 propulsion as required by s. 327.4107(2)(e) and associated 710 rules. 711 c.A vessel is substantially dismantled if at least two of 712 the three following vessel systems or components are missing, 713 compromised, incomplete, inoperable, or broken: 714 (I)The steering system; 715 (II)The propulsion system; or 716 (III)The exterior hull integrity. 717 718 Attaching an outboard motor to a vessel that is otherwise 719 substantially dismantled will not cause the vessel to no longer 720 be substantially dismantled if such motor is not an effective 721 means of propulsion as required by s. 327.4107(2)(e) and 722 associated rules. 723 2.At a port in this state without the consent of the 724 agency having jurisdiction thereof. 725 3.Docked, grounded, or beached upon the property of 726 another without the consent of the owner of the property. 727 (2)(a)A vessel owner as defined in s. 327.02 person, firm, 728 or corporation may not leave any derelict vessel upon waters of 729 this state. For purposes of this paragraph, the term leave 730 means to allow a vessel to remain occupied or unoccupied on the 731 waters of this state for more than 24 hours. 732 (c)The additional time provided in subparagraph (b)2. for 733 an owner or responsible party to remove a derelict vessel from 734 the waters of this state or to repair and remedy the vessels 735 derelict condition does not apply to a vessel that was derelict 736 upon the waters of this state before the stated accident or 737 event. 738 (d)Notwithstanding the additional 45 days provided in sub 739 subparagraph (b)2.b. during which an owner or a responsible 740 party may not be charged for a violation of this section, the 741 commission, an officer of the commission, a law enforcement 742 agency or officer specified in s. 327.70, or, during a state of 743 emergency declared by the Governor, the Division of Emergency 744 Management or its designee, may immediately begin the process 745 set forth in s. 705.103(2)(a) and, once that process has been 746 completed and the 45 days provided herein have passed, any 747 vessel that has not been removed or repaired such that it is no 748 longer derelict upon the waters of this state may be removed and 749 destroyed as provided therein. 750 (e)The title of a derelict vessel is prima facie evidence 751 of ownership for any derelict vessel left upon the waters of 752 this state. An owner who attempts to transfer ownership of a 753 vessel or derelict vessel through means other than the process 754 outlined in s. 328.22 or s. 328.64 will not be exonerated from 755 the responsibility of having a derelict vessel upon the waters 756 of this state without a written agreement of ownership by the 757 transferee or evidence of agreement to transfer ownership to the 758 transferee and the exchange of consideration between the 759 parties. 760 (3)The commission, an officer of the commission, or a law 761 enforcement agency or officer specified in s. 327.70 may 762 relocate, remove, and store or cause to be relocated, removed, 763 and stored a derelict vessel from waters of this state as 764 defined in s. 327.02 if the derelict vessel obstructs or 765 threatens to obstruct navigation or in any way constitutes a 766 danger to the environment, property, or persons. The commission, 767 an officer of the commission, or any other law enforcement 768 agency or officer acting pursuant to this subsection to 769 relocate, remove, and store or cause to be relocated, removed, 770 and stored a derelict vessel from waters of this state shall be 771 held harmless for all damages to the derelict vessel resulting 772 from such action unless the damage results from gross negligence 773 or willful misconduct. 774 (a)All costs, including costs owed to a third party, 775 incurred by the commission, another law enforcement agency, or a 776 governmental subdivision, when the governmental subdivision has 777 received authorization from a law enforcement officer or agency, 778 in the relocation, removal, storage, destruction, or disposal of 779 a derelict vessel are recoverable against the vessel owner of or 780 the party determined to be legally responsible for the vessel on 781 being upon the waters of this state in a derelict condition. The 782 Department of Legal Affairs shall represent the commission in 783 actions to recover such costs. As provided in s. 705.103(4), a 784 person who neglects or refuses to pay such costs may not be 785 issued a certificate of registration for such vessel or for any 786 other vessel or motor vehicle until such costs have been paid. A 787 person who has neglected or refused to pay all costs of removal, 788 storage, destruction, or disposal of a derelict vessel as 789 provided in this section, after having been provided written 790 notice via certified mail that such costs are owed, and who 791 applies for and is issued a registration for a vessel or motor 792 vehicle before such costs have been paid in full commits a 793 misdemeanor of the first degree, punishable as provided in s. 794 775.082 or s. 775.083. 795 (4) 796 (c)The commission may establish a program to provide 797 grants to local governments for the removal, storage, 798 destruction, and disposal of derelict vessels from the waters of 799 this state. This grant funding may also be used for the removal, 800 storage, destruction, and disposal of vessels declared a public 801 nuisance pursuant to s. 327.73(1)(aa) or the derelict vessel 802 prevention program established pursuant to s. 327.4107(7). The 803 program must be funded from the Marine Resources Conservation 804 Trust Fund or the Florida Coastal Protection Trust Fund. 805 Notwithstanding s. 216.181(11), funds available for these grants 806 may only be authorized by appropriations acts of the 807 Legislature. In a given fiscal year, if all funds appropriated 808 pursuant to this paragraph are not requested by and granted to 809 local governments for the removal, storage, destruction, and 810 disposal of derelict vessels or vessels declared a public 811 nuisance pursuant to s. 327.73(1)(aa) by the end of the third 812 quarter, the Fish and Wildlife Conservation Commission may use 813 the remainder of the funds to remove, store, destroy, and 814 dispose of, or to pay private contractors to remove, store, 815 destroy, and dispose of, derelict vessels or vessels declared a 816 public nuisance pursuant to s. 327.73(1)(aa). The commission 817 shall adopt by rule procedures for local governments to submit a 818 grant application and criteria for allocating available funds. 819 Such criteria must include, at a minimum, all of the following: 820 1.The number of derelict vessels within the jurisdiction 821 of the applicant. 822 2.The threat posed by such vessels to public health or 823 safety, the environment, navigation, or the aesthetic condition 824 of the general vicinity. 825 3.The degree of commitment of the local government to 826 maintain waters free of abandoned and derelict vessels and to 827 seek legal action against those who abandon vessels in the 828 waters of this state as defined in s. 327.02. 829 (6)A person, firm, or corporation violating this section 830 commits a misdemeanor of the first degree and shall be punished 831 as provided by law. A conviction under this section does not bar 832 the assessment and collection of a civil penalty. The court 833 having jurisdiction over the criminal offense, notwithstanding 834 any jurisdictional limitations on the amount in controversy, may 835 order the imposition of such civil penalty in addition to any 836 sentence imposed for the first criminal offense. 837 (a)For a first offense, a vessel owner who violates this 838 section commits a misdemeanor of the first degree, punishable as 839 provided in s. 775.082 or s. 775.083. 840 (b)For a second offense, a vessel owner who violates this 841 section commits a felony of the third degree, punishable as 842 provided in s. 775.082, s. 775.083, or s. 775.084. 843 (c)For a third or subsequent offense, a vessel owner who 844 violates this section commits a felony of the second degree, 845 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 846 (7)A person may not reside or dwell on a vessel determined 847 to be derelict by disposition of a court or administrative 848 order, or where the vessel owner does not challenge the derelict 849 determination pursuant to chapter 120. A person who violates 850 this subsection commits a misdemeanor of the first degree, 851 punishable as provided in s. 775.082 or s. 775.083. Law 852 enforcement has the power and duty to issue orders, perform 853 investigations, complete reports, and perform arrests in 854 connection with such violations to enforce this provision. If a 855 vessel is returned to the waters of this state in a condition 856 that is no longer derelict, a person may reside or dwell on such 857 vessel. The commission may adopt rules to implement this section 858 If an owner or a responsible party of a vessel determined to be 859 derelict through an administrative or criminal proceeding has 860 been charged by an officer of the commission or any law 861 enforcement agency or officer as specified in s. 327.70 under 862 subsection (6) for a violation of subsection (2), a person may 863 not reside or dwell on such vessel until the vessel is removed 864 from the waters of the state permanently or returned to the 865 waters of the state in a condition that is no longer derelict. 866 Section 8.For the purpose of incorporating the amendment 867 made by this act to section 823.11, Florida Statutes, in a 868 reference thereto, section 327.04, Florida Statutes, is 869 reenacted to read: 870 327.04Rules.The commission may adopt rules pursuant to 871 ss. 120.536(1) and 120.54 to implement this chapter, the 872 provisions of chapter 705 relating to vessels, and s. 823.11 873 conferring powers or duties upon it. 874 Section 9.For the purpose of incorporating the amendment 875 made by this act to section 823.11, Florida Statutes, in a 876 reference thereto, paragraph (d) of subsection (6) of section 877 327.4108, Florida Statutes, is reenacted to read: 878 327.4108Anchoring of vessels in anchoring limitation 879 areas. 880 (6) 881 (d)A vessel that is the subject of more than three 882 violations within 12 months which result in dispositions other 883 than acquittal or dismissal shall be declared to be a public 884 nuisance and subject to s. 705.103 or, for a derelict vessel, 885 subject to s. 823.11. 886 Section 10.For the purpose of incorporating the amendments 887 made by this act to sections 327.4107 and 823.11, Florida 888 Statutes, in references thereto, paragraph (d) of subsection (3) 889 of section 327.54, Florida Statutes, is reenacted to read: 890 327.54Liveries; safety regulations; penalty. 891 (3)A livery may not knowingly lease or rent a vessel to 892 any person: 893 (d)When the vessel is not seaworthy, is a derelict vessel 894 as defined in s. 823.11, or is at risk of becoming derelict as 895 provided in s. 327.4107. 896 Section 11.For the purpose of incorporating the amendment 897 made by this act to section 327.73, Florida Statutes, in a 898 reference thereto, subsection (1) of section 705.101, Florida 899 Statutes, is reenacted to read: 900 705.101Definitions.As used in this chapter: 901 (1)Abandoned property means all tangible personal 902 property that does not have an identifiable owner and that has 903 been disposed on public property in a wrecked, inoperative, or 904 partially dismantled condition or has no apparent intrinsic 905 value to the rightful owner. The term includes derelict vessels 906 as defined in s. 823.11 and vessels declared a public nuisance 907 pursuant to s. 327.73(1)(aa). 908 Section 12.For the purpose of incorporating the amendment 909 made by this act to section 705.103, Florida Statutes, in a 910 reference thereto, subsection (1) of section 705.104, Florida 911 Statutes, is reenacted to read: 912 705.104Title to lost or abandoned property. 913 (1)Title to lost or abandoned property is hereby vested in 914 the finder upon the expiration of the 90-day custodial time 915 period specified in s. 705.103(2)(b), provided the notice 916 requirements of s. 705.103 have been met, unless the rightful 917 owner or a lienholder claims the property within that time. 918 Section 13.For the purpose of incorporating the amendment 919 made by this act to section 705.103, Florida Statutes, in a 920 reference thereto, subsection (8) of section 713.585, Florida 921 Statutes, is reenacted to read: 922 713.585Enforcement of lien by sale of motor vehicle.A 923 person claiming a lien under s. 713.58 for performing labor or 924 services on a motor vehicle may enforce such lien by sale of the 925 vehicle in accordance with the following procedures: 926 (8)A vehicle subject to lien enforcement pursuant to this 927 section must be sold by the lienor at public sale. Immediately 928 upon the sale of the vehicle and payment in cash of the purchase 929 price, the lienor shall deposit with the clerk of the circuit 930 court the proceeds of the sale less the amount claimed by the 931 lienor for work done and storage, if any, and all reasonable 932 costs and expenses incurred in conducting the sale, including 933 any attorneys fees and costs ordered by the court. 934 Simultaneously with depositing the proceeds of sale remaining 935 after payment to the lienor, the lienor shall file with the 936 clerk a verified report of the sale stating a description of the 937 vehicle sold, including the vehicle identification number; the 938 name and address of the purchaser; the date of the sale; and the 939 selling price. The report shall also itemize the amount retained 940 by the lienor pursuant to this section and shall indicate 941 whether a hearing was demanded and held. All proceeds held by 942 the court shall be held for the benefit of the owner of the 943 vehicle or any lienholder whose lien is discharged by the sale 944 and shall be disbursed only upon order of the court. Unless a 945 proceeding is initiated to validate a claim to such proceeds 946 within 1 year and a day from the date of the sale, the proceeds 947 shall be deemed abandoned property and disposition thereof shall 948 be governed by s. 705.103. The clerk shall receive 5 percent of 949 the proceeds deposited with her or him, not to exceed $25, for 950 her or his services under this section. 951 Section 14.Except as otherwise provided in this act, this 952 act shall take effect July 1, 2025.