| 1 | A bill to be entitled |
| 2 | An act relating to vessels; amending s. 327.59, F.S.; |
| 3 | holding vessel owners liable for certain damages to marina |
| 4 | property; authorizing marina owners, operators, employees, |
| 5 | and agents to take actions to secure vessels during severe |
| 6 | weather and to charge fees and be held harmless for such |
| 7 | service; amending s. 328.17, F.S.; providing for |
| 8 | possessory liens for marinas on certain abandoned vessels; |
| 9 | providing for attachment of the lien and recovery of |
| 10 | certain costs under certain circumstances; amending s. |
| 11 | 376.11, F.S.; revising provisions relating to the Florida |
| 12 | Coastal Protection Trust Fund to conform to changes made |
| 13 | by the act; amending s. 376.15, F.S.; revising provisions |
| 14 | relating to the removal of abandoned and derelict vessels; |
| 15 | specifying officers authorized to remove such vessels; |
| 16 | providing that certain costs shall be recoverable; |
| 17 | requiring the Department of Legal Affairs to represent the |
| 18 | Fish and Wildlife Conservation Commission in certain |
| 19 | actions; expanding eligibility for disbursement of grant |
| 20 | funds for the removal of derelict vessels; amending s. |
| 21 | 705.101, F.S.; defining certain vessels as abandoned |
| 22 | property; amending s. 823.11, F.S.; revising provisions |
| 23 | relating to abandoned and derelict vessels and the removal |
| 24 | of such vessels; specifying officers authorized to remove |
| 25 | such vessels; providing that vessel removal may be funded |
| 26 | by certain grants; requiring the Department of Legal |
| 27 | Affairs to represent the Fish and Wildlife Conservation |
| 28 | Commission in certain actions; deleting a provision |
| 29 | authorizing the commission to delegate certain authority |
| 30 | to local governments under certain circumstances; |
| 31 | providing an effective date. |
| 32 |
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| 33 | Be It Enacted by the Legislature of the State of Florida: |
| 34 |
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| 35 | Section 1. Section 327.59, Florida Statutes, is amended to |
| 36 | read: |
| 37 | 327.59 Marina evacuations.-- |
| 38 | (1) After June 1, 1994, marinas may not adopt, maintain, |
| 39 | or enforce policies pertaining to evacuation of vessels which |
| 40 | require vessels to be removed from marinas following the |
| 41 | issuance of a hurricane watch or warning, in order to ensure |
| 42 | that protecting the lives and safety of vessel owners is placed |
| 43 | before interests of protecting property. |
| 44 | (2) If, after a hurricane watch or warning is issued, the |
| 45 | owner or operator of a vessel fails to remove the vessel from a |
| 46 | marina pursuant to subsection (1), the owner shall be liable for |
| 47 | any damages to the marina's property caused, or contributed to, |
| 48 | by the vessel. |
| 49 | (3)(2) Nothing in this section may be construed to |
| 50 | restrict the ability of an owner of a vessel or the owner's |
| 51 | authorized representative to remove a vessel voluntarily from a |
| 52 | marina at any time or to restrict a marina owner from dictating |
| 53 | the kind of cleats, ropes, fenders, and other measures that must |
| 54 | be used on vessels as a condition of use of a marina. After a |
| 55 | tropical storm or hurricane watch has been issued, a marina |
| 56 | owner, operator, employee, or agent may take actions to further |
| 57 | secure any vessel within the marina to minimize damage to a |
| 58 | vessel, the marina property, and the environment. The marina |
| 59 | owner, operator, employee, or agent may charge reasonable fees |
| 60 | for further securing of a vessel, shall not be held liable for |
| 61 | any damage incurred to a vessel from such storms or hurricanes, |
| 62 | and are held harmless as a result of such actions. |
| 63 | Section 2. Subsection (4) of section 328.17, Florida |
| 64 | Statutes, is amended to read: |
| 65 | 328.17 Nonjudicial sale of vessels.-- |
| 66 | (4) A marina, as defined in s. 327.02(19), shall have: |
| 67 | (a) A possessory lien upon any vessel for storage fees, |
| 68 | dockage fees, repairs, improvements, or other work-related |
| 69 | storage charges, and for expenses necessary for preservation of |
| 70 | the vessel or expenses reasonably incurred in the sale or other |
| 71 | disposition of the vessel. The possessory lien shall attach as |
| 72 | of the date the vessel is brought to the marina, or as of the |
| 73 | date the vessel first occupies rental space at the marina |
| 74 | facility. |
| 75 | (b) A possessory lien upon any vessel in a wrecked, |
| 76 | junked, or substantially dismantled condition, which has been |
| 77 | left docked, grounded, beached, or otherwise abandoned at a |
| 78 | marina without consent of the marina owner, for expenses |
| 79 | reasonably incurred in the removal and disposal of the vessel. |
| 80 | The possessory lien shall attach as of the date the vessel is |
| 81 | discovered at the marina facility. If the funds recovered from |
| 82 | the sale of such a vessel, or from the scrap or salvage value of |
| 83 | such a vessel, are insufficient to cover the expenses reasonably |
| 84 | incurred by the marina in removing and disposing of the vessel, |
| 85 | all costs in excess of recovery shall be recoverable against the |
| 86 | owner of the vessel. |
| 87 |
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| 88 | However, In the event of default, the marina must give notice to |
| 89 | persons who hold perfected security interests against the vessel |
| 90 | under the Uniform Commercial Code in which the owner is named as |
| 91 | the debtor. |
| 92 | Section 3. Paragraph (g) of subsection (4) of section |
| 93 | 376.11, Florida Statutes, is amended to read: |
| 94 | 376.11 Florida Coastal Protection Trust Fund.-- |
| 95 | (4) Moneys in the Florida Coastal Protection Trust Fund |
| 96 | shall be disbursed for the following purposes and no others: |
| 97 | (g) The funding of a grant program to coastal local |
| 98 | governments, pursuant to s. 376.15(2)(b) and (c), for the |
| 99 | removal of derelict vessels from the public waters of the state. |
| 100 | Section 4. Section 376.15, Florida Statutes, is amended to |
| 101 | read: |
| 102 | 376.15 Derelict vessels; removal from public waters.-- |
| 103 | (1) It is unlawful for any person, firm, or corporation to |
| 104 | store or leave any vessel, as defined in s. 327.02(37), in a |
| 105 | wrecked, junked, or substantially dismantled condition or |
| 106 | abandoned upon any public waters or at any port in this state |
| 107 | without the consent of the agency having jurisdiction thereof or |
| 108 | docked or grounded at any private property without the consent |
| 109 | of the owner of the private property. |
| 110 | (2)(a) The Fish and Wildlife Conservation Commission and |
| 111 | its officers and all law enforcement officers as specified in s. |
| 112 | 327.70 are is hereby designated as the agency of the state |
| 113 | authorized and empowered to remove any derelict vessel as |
| 114 | described in subsection (1) from public waters. All costs |
| 115 | incurred by the commission or other law enforcement agency in |
| 116 | the removal of any abandoned or derelict vessel shall be |
| 117 | recoverable against the owner of the vessel. The Department of |
| 118 | Legal Affairs shall represent the commission in such actions. |
| 119 | (b) The commission may establish a program to provide |
| 120 | grants to coastal local governments for the removal of derelict |
| 121 | vessels from the public waters of the state. The program shall |
| 122 | be funded from the Florida Coastal Protection Trust Fund. |
| 123 | Notwithstanding the provisions in s. 216.181(11), funds |
| 124 | available for grants may only be authorized by appropriations |
| 125 | acts of the Legislature. |
| 126 | (c) The commission shall adopt by rule procedures for |
| 127 | submitting a grant application and criteria for allocating |
| 128 | available funds. Such criteria shall include, but not be limited |
| 129 | to, the following: |
| 130 | 1. The number of derelict vessels within the jurisdiction |
| 131 | of the applicant. |
| 132 | 2. The threat posed by such vessels to public health or |
| 133 | safety, the environment, navigation, or the aesthetic condition |
| 134 | of the general vicinity. |
| 135 | 3. The degree of commitment of the local government to |
| 136 | maintain waters free of abandoned and derelict vessels and to |
| 137 | seek legal action against those who abandon vessels in the |
| 138 | waters of the state. |
| 139 | (d) This section shall constitute the authority of the |
| 140 | commission for such removal, but is not intended to be in |
| 141 | contravention of any applicable federal act. |
| 142 | (e) The Department of Legal Affairs shall represent the |
| 143 | Fish and Wildlife Conservation Commission in such actions. |
| 144 | Section 5. Subsection (3) of section 705.101, Florida |
| 145 | Statutes, is amended to read: |
| 146 | 705.101 Definitions.--As used in this chapter: |
| 147 | (3) "Abandoned property" means all tangible personal |
| 148 | property that does not have an identifiable owner and that has |
| 149 | been disposed on public property in a wrecked, inoperative, or |
| 150 | partially dismantled condition or has no apparent intrinsic |
| 151 | value to the rightful owner. Vessels determined to be derelict |
| 152 | by the Fish and Wildlife Conservation Commission or a county or |
| 153 | municipality in accordance with the provisions of s. 376.15 or |
| 154 | s. 823.11 are included within this definition. |
| 155 | Section 6. Section 823.11, Florida Statutes, is amended to |
| 156 | read: |
| 157 | 823.11 Abandoned and derelict vessels; removal; penalty.-- |
| 158 | (1) It is unlawful for any person, firm, or corporation to |
| 159 | store or leave any vessel as defined in s. 327.02(37) by |
| 160 | maritime law in a wrecked, junked, or substantially dismantled |
| 161 | condition or abandoned upon or in any public water or at any |
| 162 | port in this state without the consent of the agency having |
| 163 | jurisdiction thereof, or docked or grounded at any private |
| 164 | property without the consent of the owner of the private such |
| 165 | property. |
| 166 | (2) The Fish and Wildlife Conservation Commission and its |
| 167 | officers and all law enforcement officers as specified in s. |
| 168 | 327.70 are is designated as the agency of the state authorized |
| 169 | and empowered to remove or cause to be removed any abandoned or |
| 170 | derelict vessel from public waters in any instance when the same |
| 171 | obstructs or threatens to obstruct navigation or in any way |
| 172 | constitutes a danger to the environment. Removal of vessels |
| 173 | pursuant to this section may be funded by grants provided |
| 174 | pursuant to s. 376.15. All costs incurred by the commission in |
| 175 | the removal of any abandoned or derelict vessel as set out above |
| 176 | shall be recoverable against the owner thereof. The Department |
| 177 | of Legal Affairs shall represent the commission in such actions. |
| 178 | Pursuant to an agreement with the governing body of a county or |
| 179 | municipality, and upon a finding by the commission that the |
| 180 | county or municipality is competent to undertake said |
| 181 | responsibilities, the commission may delegate to the county or |
| 182 | municipality its authority to remove or cause to be removed an |
| 183 | abandoned or derelict vessel from public waters within the |
| 184 | county or municipality. |
| 185 | (3) Any person, firm, or corporation violating this act is |
| 186 | guilty of a misdemeanor of the first degree and shall be |
| 187 | punished as provided by law. |
| 188 | Section 7. This act shall take effect upon becoming a law. |