Florida Senate - 2025 SB 1812 By Senator Jones 34-00506A-25 20251812__ 1 A bill to be entitled 2 An act relating to derelict vessels; amending s. 3 327.4107, F.S.; revising conditions by which an 4 officer of the Fish and Wildlife Conservation 5 Commission or of a law enforcement agency may 6 determine a vessel is at risk of becoming derelict; 7 conforming provision to changes made by the act; 8 amending s. 705.103, F.S.; revising the list of 9 vessels upon which a law enforcement officer must 10 place a certain notice; conforming provisions to 11 changes made by the act; amending s. 823.11, F.S.; 12 revising the definition of the term derelict vessel; 13 requiring that a vessel subject to a specified number 14 of violations during a certain timeframe be declared a 15 public nuisance; conforming provisions to changes made 16 by the act; reenacting ss. 327.54(3)(d) and 17 705.101(1), F.S., relating to renting or leasing a 18 vessel by a livery, and definitions, respectively, to 19 incorporate the amendment made to s. 823.11, F.S., in 20 references thereto; providing an effective date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1.Paragraph (a) of subsection (7) of section 25 327.4107, Florida Statutes, is amended, and paragraph (g) is 26 added to subsection (2) of that section, to read: 27 327.4107Vessels at risk of becoming derelict on waters of 28 this state. 29 (2)An officer of the commission or of a law enforcement 30 agency specified in s. 327.70 may determine that a vessel is at 31 risk of becoming derelict if any of the following conditions 32 exist: 33 (g)The owner of the vessel fails to timely renew the 34 registration for the vessel pursuant to s. 328.72(12) and s. 35 328.735(1). 36 (7)The commission may establish a derelict vessel 37 prevention program to address vessels at risk of becoming 38 derelict. Such program may, but is not required to, include: 39 (a)Removal, relocation, and destruction of vessels 40 declared a public nuisance, derelict or at risk of becoming 41 derelict, or lost or abandoned in accordance with s. 327.53(7), 42 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(2)(e) and 43 (3) s. 823.11(3). 44 45 The commission may adopt rules to implement this subsection. 46 Implementation of the derelict vessel prevention program shall 47 be subject to appropriation by the Legislature and shall be 48 funded by the Marine Resources Conservation Trust Fund or the 49 Florida Coastal Protection Trust Fund. 50 Section 2.Paragraph (a) of subsection (2) and subsection 51 (4) of section 705.103, Florida Statutes, are amended to read: 52 705.103Procedure for abandoned or lost property. 53 (2)(a)1.Whenever a law enforcement officer ascertains 54 that: 55 a.An article of lost or abandoned property other than a 56 derelict vessel or a vessel declared a public nuisance pursuant 57 to s. 327.73(1)(aa) is present on public property and is of such 58 nature that it cannot be easily removed, the officer shall cause 59 a notice to be placed upon such article in substantially the 60 following form: 61 62 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 63 PROPERTY. This property, to wit: ...(setting forth brief 64 description)... is unlawfully upon public property known as 65 ...(setting forth brief description of location)... and must be 66 removed within 5 days; otherwise, it will be removed and 67 disposed of pursuant to chapter 705, Florida Statutes. The owner 68 will be liable for the costs of removal, storage, and 69 publication of notice. Dated this: ...(setting forth the date of 70 posting of notice)..., signed: ...(setting forth name, title, 71 address, and telephone number of law enforcement officer).... 72 73 b.A derelict vessel or a vessel declared a public nuisance 74 pursuant to s. 327.73(1)(aa) or s. 823.11(2)(e) is present on 75 the waters of this state, the officer shall cause a notice to be 76 placed upon such vessel in substantially the following form: 77 78 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 79 VESSEL. This vessel, to wit: ...(setting forth brief description 80 of location)... has been determined to be ...(derelict or a 81 public nuisance)... and is unlawfully upon the waters of this 82 state ...(setting forth brief description of location)... and 83 must be removed within 21 days; otherwise, it will be removed 84 and disposed of pursuant to chapter 705, Florida Statutes. The 85 owner and other interested parties have the right to a hearing 86 to challenge the determination that this vessel is derelict or 87 otherwise in violation of the law. Please contact ...(contact 88 information for person who can arrange for a hearing in 89 accordance with this section).... The owner or the party 90 determined to be legally responsible for the vessel being upon 91 the waters of this state in a derelict condition or as a public 92 nuisance will be liable for the costs of removal, destruction, 93 and disposal if this vessel is not removed by the owner. Dated 94 this: ...(setting forth the date of posting of notice)..., 95 signed: ...(setting forth name, title, address, and telephone 96 number of law enforcement officer).... 97 98 2.The notices required under subparagraph 1. may not be 99 less than 8 inches by 10 inches and must be sufficiently 100 weatherproof to withstand normal exposure to the elements. In 101 addition to posting, the law enforcement officer shall make a 102 reasonable effort to ascertain the name and address of the 103 owner. If such is reasonably available to the officer, she or he 104 shall mail a copy of such notice to the owner on the date of 105 posting or as soon thereafter as is practical. If the property 106 is a motor vehicle as defined in s. 320.01(1) or a vessel as 107 defined in s. 327.02, the law enforcement agency shall contact 108 the Department of Highway Safety and Motor Vehicles in order to 109 determine the name and address of the owner and any person who 110 has filed a lien on the vehicle or vessel as provided in s. 111 319.27(2) or (3) or s. 328.15. On receipt of this information, 112 the law enforcement agency shall mail a copy of the notice by 113 certified mail, return receipt requested, to the owner and to 114 the lienholder, if any, except that a law enforcement officer 115 who has issued a citation for a violation of s. 823.11 to the 116 owner of a derelict vessel is not required to mail a copy of the 117 notice by certified mail, return receipt requested, to the 118 owner. For a derelict vessel or a vessel declared a public 119 nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 120 inform the owner or responsible party that he or she has a right 121 to a hearing to dispute the determination that the vessel is 122 derelict or otherwise in violation of the law. If a request for 123 a hearing is made, a state agency shall follow the processes as 124 set forth in s. 120.569. Local governmental entities shall 125 follow the processes set forth in s. 120.569, except that a 126 local judge, magistrate, or code enforcement officer may be 127 designated to conduct such a hearing. If, at the end of 5 days 128 after posting the notice in sub-subparagraph 1.a., or at the end 129 of 21 days after posting the notice in sub-subparagraph 1.b., 130 and mailing such notice, if required, the owner or any person 131 interested in the lost or abandoned article or articles 132 described has not removed the article or articles from public 133 property or shown reasonable cause for failure to do so, and, in 134 the case of a derelict vessel or a vessel declared a public 135 nuisance pursuant to s. 327.73(1)(aa), has not requested a 136 hearing in accordance with this section, the following shall 137 apply: 138 a.For abandoned property other than a derelict vessel or a 139 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 140 the law enforcement agency may retain any or all of the property 141 for its own use or for use by the state or unit of local 142 government, trade such property to another unit of local 143 government or state agency, donate the property to a charitable 144 organization, sell the property, or notify the appropriate 145 refuse removal service. 146 b.For a derelict vessel or a vessel declared a public 147 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 148 agency or its designee may: 149 (I)Remove the vessel from the waters of this state and 150 destroy and dispose of the vessel or authorize another 151 governmental entity or its designee to do so; or 152 (II)Authorize the vessels use as an artificial reef in 153 accordance with s. 379.249 if all necessary federal, state, and 154 local authorizations are received. 155 156 A law enforcement agency or its designee may also take action as 157 described in this sub-subparagraph if, following a hearing 158 pursuant to this section, the judge, magistrate, administrative 159 law judge, or hearing officer has determined the vessel to be 160 derelict as provided in s. 823.11 or otherwise in violation of 161 the law in accordance with s. 327.73(1)(aa) and a final order 162 has been entered or the case is otherwise closed. 163 (4)The owner of any abandoned or lost property, or in the 164 case of a derelict vessel or a vessel declared a public nuisance 165 pursuant to s. 327.73(1)(aa) or s. 823.11(2)(e), the owner or 166 other party determined to be legally responsible for the vessel 167 being upon the waters of this state in a derelict condition or 168 as a public nuisance, who, after notice as provided in this 169 section, does not remove such property within the specified 170 period is liable to the law enforcement agency, other 171 governmental entity, or the agencys or entitys designee for 172 all costs of removal, storage, destruction, and disposal of such 173 property, less any salvage value obtained by disposal of the 174 property. Upon final disposition of the property, the law 175 enforcement officer or representative of the law enforcement 176 agency or other governmental entity shall notify the owner, or 177 in the case of a derelict vessel or vessel declared a public 178 nuisance pursuant to s. 327.73(1)(aa) or s. 823.11(2)(e), the 179 owner or other party determined to be legally responsible, if 180 known, of the amount owed. In the case of an abandoned vessel or 181 motor vehicle, any person who neglects or refuses to pay such 182 amount is not entitled to be issued a certificate of 183 registration for such vessel or motor vehicle, or any other 184 vessel or motor vehicle, until such costs have been paid. A 185 person who has neglected or refused to pay all costs of removal, 186 storage, disposal, and destruction of a vessel or motor vehicle 187 as provided in this section, after having been provided written 188 notice via certified mail that such costs are owed, and who 189 applies for and is issued a registration for a vessel or motor 190 vehicle before such costs have been paid in full commits a 191 misdemeanor of the first degree, punishable as provided in s. 192 775.082 or s. 775.083. The law enforcement officer or 193 representative of the law enforcement agency or other 194 governmental entity shall supply the Department of Highway 195 Safety and Motor Vehicles with a list of persons whose vessel 196 registration privileges and motor vehicle privileges have been 197 revoked under this subsection. The department or a person acting 198 as an agent of the department may not issue a certificate of 199 registration to a person whose vessel and motor vehicle 200 registration privileges have been revoked, as provided by this 201 subsection, until such costs have been paid. 202 Section 3.Paragraph (b) of subsection (1) and paragraph 203 (c) of subsection (4) of section 823.11, Florida Statutes, are 204 amended, and paragraph (e) is added to subsection (2) of that 205 section, to read: 206 823.11Derelict vessels; relocation or removal; penalty. 207 (1)As used in this section, the term: 208 (b)Derelict vessel means a vessel, as defined in s. 209 327.02, that is: 210 1.In a wrecked, junked, or substantially dismantled 211 condition upon any waters of this state. 212 a.A vessel is wrecked if it is sunken or sinking; aground 213 without the ability to extricate itself absent mechanical 214 assistance; or remaining after a marine casualty, including, but 215 not limited to, a boating accident, extreme weather, or a fire. 216 b.A vessel is junked if it has been substantially stripped 217 of vessel components, if vessel components have substantially 218 degraded or been destroyed, or if the vessel has been discarded 219 by the owner or operator. Attaching an outboard motor to a 220 vessel that is otherwise junked will not cause the vessel to no 221 longer be junked if such motor is not an effective means of 222 propulsion as required by s. 327.4107(2)(e) and associated 223 rules. 224 c.A vessel is substantially dismantled if at least two of 225 the three following vessel systems or components are missing, 226 compromised, incomplete, inoperable, or broken: 227 (I)The steering system; 228 (II)The propulsion system; or 229 (III)The exterior hull integrity. 230 d.A vessel is wrecked, junked, or substantially dismantled 231 if the vessel owner or operator is unable to provide a receipt, 232 proof of purchase, or other documentation of having made a 233 permanent and substantial repair to the vessel which remedies 234 its wrecked, junked, or substantially dismantled state. 235 236 Attaching an outboard motor to a vessel that is otherwise 237 substantially dismantled will not cause the vessel to no longer 238 be substantially dismantled if such motor is not an effective 239 means of propulsion as required by s. 327.4107(2)(e) and 240 associated rules. 241 2.At a port in this state without the consent of the 242 agency having jurisdiction thereof. 243 3.Docked, grounded, or beached upon the property of 244 another without the consent of the owner of the property. 245 4.Unregistered or has never been registered in this state. 246 (2) 247 (e)A vessel of a person, firm, or corporation charged with 248 violating paragraph (a) three or more times within a 24-month 249 period must be declared a public nuisance subject to subsection 250 (4) and s. 705.103(2) and (4). 251 (4) 252 (c)The commission may establish a program to provide 253 grants to local governments for the removal, storage, 254 destruction, and disposal of derelict vessels from the waters of 255 this state. This grant funding may also be used for the removal, 256 storage, destruction, and disposal of vessels declared a public 257 nuisance pursuant to paragraph (2)(e) and s. 327.73(1)(aa). The 258 program must be funded from the Marine Resources Conservation 259 Trust Fund or the Florida Coastal Protection Trust Fund. 260 Notwithstanding s. 216.181(11), funds available for these grants 261 may only be authorized by appropriations acts of the 262 Legislature. In a given fiscal year, if all funds appropriated 263 pursuant to this paragraph are not requested by and granted to 264 local governments for the removal, storage, destruction, and 265 disposal of derelict vessels or vessels declared a public 266 nuisance pursuant to paragraph (2)(e) and s. 327.73(1)(aa) by 267 the end of the third quarter, the Fish and Wildlife Conservation 268 Commission may use the remainder of the funds to remove, store, 269 destroy, and dispose of, or to pay private contractors to 270 remove, store, destroy, and dispose of, derelict vessels or 271 vessels declared a public nuisance pursuant to paragraph (2)(e) 272 and s. 327.73(1)(aa). The commission shall adopt by rule 273 procedures for local governments to submit a grant application 274 and criteria for allocating available funds. Such criteria must 275 include, at a minimum, the following: 276 1.The number of derelict vessels within the jurisdiction 277 of the applicant. 278 2.The threat posed by such vessels to public health or 279 safety, the environment, navigation, or the aesthetic condition 280 of the general vicinity. 281 3.The degree of commitment of the local government to 282 maintain waters free of abandoned and derelict vessels and to 283 seek legal action against those who abandon vessels in the 284 waters of this state as defined in s. 327.02. 285 Section 4.For the purpose of incorporating the amendment 286 made by this act to section 823.11, Florida Statutes, in a 287 reference thereto, paragraph (d) of subsection (3) of section 288 327.54, Florida Statutes, is reenacted to read: 289 327.54Liveries; safety regulations; penalty. 290 (3)A livery may not knowingly lease or rent a vessel to 291 any person: 292 (d)When the vessel is not seaworthy, is a derelict vessel 293 as defined in s. 823.11, or is at risk of becoming derelict as 294 provided in s. 327.4107. 295 Section 5.For the purpose of incorporating the amendment 296 made by this act to section 823.11, Florida Statutes, in a 297 reference thereto, subsection (1) of section 705.101, Florida 298 Statutes, is reenacted to read: 299 705.101Definitions.As used in this chapter: 300 (1)Abandoned property means all tangible personal 301 property that does not have an identifiable owner and that has 302 been disposed on public property in a wrecked, inoperative, or 303 partially dismantled condition or has no apparent intrinsic 304 value to the rightful owner. The term includes derelict vessels 305 as defined in s. 823.11 and vessels declared a public nuisance 306 pursuant to s. 327.73(1)(aa). 307 Section 6.This act shall take effect July 1, 2025.