HB 1121CS

CHAMBER ACTION




1The Water & Natural Resources Committee recommends the
2following:
3
4     Council/Committee Substitute
5     Remove the entire bill and insert:
6
A bill to be entitled
7An act relating to vessels; amending s. 327.59, F.S.;
8authorizing marina owners, operators, employees, and
9agents to take actions to secure vessels during severe
10weather and to charge fees and be held harmless for such
11service; authorizing contract provisions and notice
12relating to removing or securing vessels; amending s.
13328.17, F.S.; providing for possessory liens for marinas
14on certain abandoned vessels; providing for attachment of
15the lien and recovery of certain costs under certain
16circumstances; requiring marina owners to provide vessel
17owners with written notice and to obtain certain
18documentation prior to the sale or disposition of certain
19vessels; amending s. 376.11, F.S.; revising provisions
20relating to the Florida Coastal Protection Trust Fund to
21conform to changes made by the act; amending s. 376.15,
22F.S.; revising provisions relating to the removal of
23abandoned and derelict vessels; specifying officers
24authorized to remove such vessels; providing that certain
25costs shall be recoverable; requiring the Department of
26Legal Affairs to represent the Fish and Wildlife
27Conservation Commission in certain actions; expanding
28eligibility for disbursement of grant funds for the
29removal of derelict vessels; amending s. 403.813, F.S.;
30revising the date the department is required to adopt a
31general permit by rule for the construction, installation,
32operation, or maintenance of certain floating vessel
33platforms or floating boat lifts; providing exemptions
34from permitting for certain structures; amending s.
35705.101, F.S.; defining certain vessels as abandoned
36property; amending s. 823.11, F.S.; revising provisions
37relating to abandoned and derelict vessels and the removal
38of such vessels; specifying officers authorized to remove
39such vessels; providing that vessel removal may be funded
40by certain grants; requiring the Department of Legal
41Affairs to represent the Fish and Wildlife Conservation
42Commission in certain actions; deleting a provision
43authorizing the commission to delegate certain authority
44to local governments under certain circumstances;
45providing an effective date.
46
47Be It Enacted by the Legislature of the State of Florida:
48
49     Section 1.  Section 327.59, Florida Statutes, is amended to
50read:
51     327.59  Marina evacuations.--
52     (1)  After June 1, 1994, marinas may not adopt, maintain,
53or enforce policies pertaining to evacuation of vessels which
54require vessels to be removed from marinas following the
55issuance of a hurricane watch or warning, in order to ensure
56that protecting the lives and safety of vessel owners is placed
57before interests of protecting property.
58     (2)  Nothing in this section may be construed to restrict
59the ability of an owner of a vessel or the owner's authorized
60representative to remove a vessel voluntarily from a marina at
61any time or to restrict a marina owner from dictating the kind
62of cleats, ropes, fenders, and other measures that must be used
63on vessels as a condition of use of a marina. After a tropical
64storm or hurricane watch has been issued, a marina owner,
65operator, employee, or agent may take actions to further secure
66any vessel within the marina to minimize damage to a vessel, the
67marina property, and the environment. The marina owner,
68operator, employee, or agent may charge reasonable fees for
69further securing of a vessel, shall not be held liable for any
70damage incurred to a vessel from such storms or hurricanes, and
71is held harmless as a result of such actions.
72     (3)  Notwithstanding any other provisions of this section,
73in order to protect marina property, a marina owner may provide
74by contract that in the event a vessel owner fails to promptly
75remove a vessel from a marina after a hurricane watch or warning
76has been issued, the marina owner, operator, employee, or agent
77may remove the vessel from its slip or take whatever actions
78deemed necessary in order to properly secure the vessel and may
79charge the vessel owner a reasonable fee for any such services
80rendered. A marina seeking to add such a provision to a contract
81must provide notice to the vessel owner in any such contract in
82a font size of at least 10 points. The notice shall be in
83substantially the following form:
84
85
NOTICE TO VESSEL OWNER
86The undersigned hereby informs you that in the event you
87fail to remove your vessel from the marina promptly after
88a hurricane watch or warning has been issued for (insert
89geographic area), Florida, under Florida law, the
90undersigned or his or her employees or agents are
91authorized to remove your vessel from its slip and take
92any and all other actions deemed appropriate by the
93undersigned or his or her employees or agents in order to
94secure your vessel and protect the marina property. You
95are further notified that you may be charged a reasonable
96fee for any such action.
97     Section 2.  Subsections (4), (5), (7), (10), (11), and (12)
98of section 328.17, Florida Statutes, are amended to read:
99     328.17  Nonjudicial sale of vessels.--
100     (4)  A marina, as defined in s. 327.02(19), shall have:
101     (a)  A possessory lien upon any vessel for storage fees,
102dockage fees, repairs, improvements, or other work-related
103storage charges, and for expenses necessary for preservation of
104the vessel or expenses reasonably incurred in the sale or other
105disposition of the vessel. The possessory lien shall attach as
106of the date the vessel is brought to the marina, or as of the
107date the vessel first occupies rental space at the marina
108facility.
109     (b)  A possessory lien upon any vessel in a wrecked,
110junked, or substantially dismantled condition, which has been
111left docked, grounded, beached, or otherwise abandoned at a
112marina without consent of the marina owner, for expenses
113reasonably incurred in the removal and disposal of the vessel.
114The possessory lien shall attach as of the date the vessel is
115discovered at the marina facility. If the funds recovered from
116the sale of such a vessel, or from the scrap or salvage value of
117such a vessel, are insufficient to cover the expenses reasonably
118incurred by the marina in removing and disposing of the vessel,
119all costs in excess of recovery shall be recoverable against the
120owner of the vessel However, in the event of default, the marina
121must give notice to persons who hold perfected security
122interests against the vessel under the Uniform Commercial Code
123in which the owner is named as the debtor.
124     (5)  A marina's possessory lien may be satisfied as
125follows:
126     (a)1.  The marina shall provide written notice to the
127vessel's owner, delivered in person or by certified mail to the
128owner's last known address. The notice shall also be and
129conspicuously posted at the marina and on the vessel.
130     2.  In addition to the notice provided to the vessel owner
131under subparagraph 1., the marina shall provide written notice
132to each person or entity that:
133     a.  Holds a security interest on the vessel as shown in the
134records of the Department of Highway Safety and Motor Vehicles
135with respect to state-titled vessels;
136     b.  Holds a preferred ship mortgage or has filed a claim of
137lien with the United States Coast Guard Vessel Documentation
138Center;
139     c.  Holds a security interest against the vessel under the
140Uniform Commercial Code; or
141     d.  Has perfected a lien against the vessel by filing a
142judgment lien certificate pursuant to ss. 55.201-55.209.
143     3.  If a vessel displays a foreign country identification
144or displays registration numbers from a state other than
145Florida, the marina shall conduct a reasonable lien search of
146the vessel registration records in the jurisdiction of registry
147to determine if there is a lienholder who is entitled to notice
148pursuant to subparagraph 2. Failure to discover a foreign
149national or non-Florida United States lienholder after a good
150faith effort to conduct such a lien search shall not prevent the
151sale or removal of a vessel from the marina to satisfy the
152marina's possessory lien or a purchaser, in good faith, from
153taking title of the vessel pursuant to subsections (7) and (11).
154     4.  The requirements of subparagraph 2. shall be satisfied
155if the marina:
156     a.  Obtains a copy of the title for the vessel and trailer,
157if applicable, from the Department of Highway Safety and Motor
158Vehicles or other agency where the vessel is registered.
159     b.  Obtains an abstract from the United States Coast Guard
160for a vessel that is documented as defined in 46 U.S.C. s.
161301.01.
162     c.  Obtains a current Uniform Commercial Code lien search.
163     d.  Obtains a current Florida judgment lien certificate
164search.
165     e.  Complies with subparagraph 3. with regard to vessels
166registered in a foreign country or in a state other than
167Florida.
168     5.  The written notice to the vessel owner and lienholders
169required by this paragraph shall be made at least 60 days prior
170to any sale of the vessel under this section recorded lienholder
171of such vessel registered with this state as shown by the
172records of the Department of Highway Safety and Motor Vehicles,
173at least 30 days prior to the proposed sale.
174     (b)  The notice shall include:
175     1.  An itemized statement of the marina's claim, showing
176the sum due at the time of the notice and the date upon which
177the sum became due.
178     2.  A description of the vessel.
179     3.  A demand for payment.
180     4.  A conspicuous statement that, unless the claim is paid
181within the time stated in the notice, the vessel will be
182advertised for sale or other disposition and will be sold or
183otherwise disposed of at a specified time and place.
184     5.  The name, street address, and telephone number of the
185marina that the owner may contact to respond to the notice.
186     (7)  If the fees, and costs, and late payment interest that
187give rise to such a lien are due and unpaid 60 120 days after
188the vessel owner and lienholder are is given written notice, the
189marina may sell the vessel, including its machinery, rigging,
190and accessories as provided for in subsection (8), or the marina
191may, at its option, remove the vessel from the marina or from
192the waters of the state at the owner's expense pursuant to
193paragraph (4)(b).
194     (10)  Before any sale or other disposition of the vessel
195pursuant to this section, the owner or lienholder may pay the
196amount necessary to satisfy the lien and the reasonable expenses
197and late payment interest incurred under this section and
198thereby redeem and take possession of the vessel. Upon receipt
199of such payment, the marina shall return the property to the
200owner or lienholder making such payment and thereafter shall
201have no liability to any person with respect to such vessel.
202     (11)  Unless otherwise provided by law, a purchaser in good
203faith of a vessel sold to satisfy a lien provided for in this
204section takes the property free of any claims other than a prior
205lien perfected under state or federal law the Uniform Commercial
206Code, despite noncompliance by the marina with the requirements
207of this section.
208     (12)  In the event of a sale under this section, the marina
209may satisfy its lien from the proceeds of the sale, provided the
210marina's lien has priority over all other liens on the vessel
211other than a prior lien perfected under the Uniform Commercial
212Code. The lien rights of secured lienholders are automatically
213also attach transferred to the remaining proceeds of the sale.
214The balance, if any, shall be held by the marina for delivery on
215demand to the owner. A notice of any balance shall be delivered
216by the marina to the owner in person or by certified mail to the
217last known address of the owner. If the owner does not claim the
218balance of the proceeds within 1 year after the date of sale,
219the proceeds shall be deemed abandoned, and the marina shall
220have no further obligation with regard to the payment of the
221balance. In the event that the marina's lien does not have
222priority over all other liens, the sale proceeds shall be held
223for the benefit of the holders of those liens having priority. A
224notice of the amount of the sale proceeds shall be delivered by
225the marina to the owner or secured lienholder in person or by
226certified mail to the owner's or the secured lienholder's last
227known address. If the owner or the secured lienholder does not
228claim the sale proceeds within 1 year after the date of sale,
229the proceeds shall be deemed abandoned, and the owner or the
230secured lienholder shall have no further obligation with regard
231to the payment of the proceeds.
232     Section 3.  Paragraph (g) of subsection (4) of section
233376.11, Florida Statutes, is amended to read:
234     376.11  Florida Coastal Protection Trust Fund.--
235     (4)  Moneys in the Florida Coastal Protection Trust Fund
236shall be disbursed for the following purposes and no others:
237     (g)  The funding of a grant program to coastal local
238governments, pursuant to s. 376.15(2)(b) and (c), for the
239removal of derelict vessels from the public waters of the state.
240     Section 4.  Section 376.15, Florida Statutes, is amended to
241read:
242     376.15  Derelict vessels; removal from public waters.--
243     (1)  It is unlawful for any person, firm, or corporation to
244store or leave any vessel, as defined in s. 327.02(37), in a
245wrecked, junked, or substantially dismantled condition or
246abandoned upon any public waters or at any port in this state
247without the consent of the agency having jurisdiction thereof or
248docked or grounded at any private property without the consent
249of the owner of the private property.
250     (2)(a)  The Fish and Wildlife Conservation Commission and
251its officers and all law enforcement officers as specified in s.
252327.70 are is hereby designated as the agency of the state
253authorized and empowered to remove any derelict vessel as
254described in subsection (1) from public waters. All costs
255incurred by the commission or other law enforcement agency in
256the removal of any abandoned or derelict vessel shall be
257recoverable against the owner of the vessel. The Department of
258Legal Affairs shall represent the commission in such actions.
259     (b)  The commission may establish a program to provide
260grants to coastal local governments for the removal of derelict
261vessels from the public waters of the state. The program shall
262be funded from the Florida Coastal Protection Trust Fund.
263Notwithstanding the provisions in s. 216.181(11), funds
264available for grants may only be authorized by appropriations
265acts of the Legislature.
266     (c)  The commission shall adopt by rule procedures for
267submitting a grant application and criteria for allocating
268available funds. Such criteria shall include, but not be limited
269to, the following:
270     1.  The number of derelict vessels within the jurisdiction
271of the applicant.
272     2.  The threat posed by such vessels to public health or
273safety, the environment, navigation, or the aesthetic condition
274of the general vicinity.
275     3.  The degree of commitment of the local government to
276maintain waters free of abandoned and derelict vessels and to
277seek legal action against those who abandon vessels in the
278waters of the state.
279     (d)  This section shall constitute the authority of the
280commission for such removal, but is not intended to be in
281contravention of any applicable federal act.
282     (e)  The Department of Legal Affairs shall represent the
283Fish and Wildlife Conservation Commission in such actions.
284     Section 5.  Paragraph (s) of subsection (2) of section
285403.813, Florida Statutes, is amended to read:
286     403.813  Permits issued at district centers; exceptions.--
287     (2)  A permit is not required under this chapter, chapter
288373, chapter 61-691, Laws of Florida, or chapter 25214 or
289chapter 25270, 1949, Laws of Florida, for activities associated
290with the following types of projects; however, except as
291otherwise provided in this subsection, nothing in this
292subsection relieves an applicant from any requirement to obtain
293permission to use or occupy lands owned by the Board of Trustees
294of the Internal Improvement Trust Fund or any water management
295district in its governmental or proprietary capacity or from
296complying with applicable local pollution control programs
297authorized under this chapter or other requirements of county
298and municipal governments:
299     (s)  The construction, installation, operation, or
300maintenance of floating vessel platforms or floating boat lifts,
301provided that such structures:
302     1.  Float at all times in the water for the sole purpose of
303supporting a vessel so that the vessel is out of the water when
304not in use;
305     2.  Are wholly contained within a boat slip previously
306permitted under ss. 403.91-403.929, 1984 Supplement to the
307Florida Statutes 1983, as amended, or part IV of chapter 373;
308are, or, when associated with a dock that is exempt under this
309subsection or a permitted dock with no defined boat slip and, do
310not exceed a combined total of 500 square feet, or 200 square
311feet in an Outstanding Florida Water; or are attached to a
312bulkhead on a parcel of land where there is no other docking
313structure and do not exceed a combined total of 1,000 square
314feet outside of an Outstanding Florida Water, 500 square feet
315within an Outstanding Florida Water that is not an aquatic
316preserve, or 200 square feet within an aquatic preserve;
317     3.  Are not used for any commercial purpose or for mooring
318vessels that remain in the water when not in use, and do not
319substantially impede the flow of water, create a navigational
320hazard, or unreasonably infringe upon the riparian rights of
321adjacent property owners, as defined in s. 253.141;
322     4.  Are constructed and used so as to minimize adverse
323impacts to submerged lands, wetlands, shellfish areas, aquatic
324plant and animal species, and other biological communities,
325including locating such structures in areas where no seagrasses
326are least dense exist if such areas are present adjacent to the
327dock or bulkhead; and
328     5.  Are not constructed in areas specifically prohibited
329for boat mooring under conditions of a permit issued in
330accordance with ss. 403.91-403.929, 1984 Supplement to the
331Florida Statutes 1983, as amended, or part IV of chapter 373, or
332other form of authorization issued by a local government.
333
334Structures that qualify for this exemption are relieved from any
335requirement to obtain permission to use or occupy lands owned by
336the Board of Trustees of the Internal Improvement Trust Fund and
337shall not be subject to any permitting requirements,
338registration requirements, or other more stringent regulation by
339any local government. The exemption provided in this paragraph
340shall be in addition to the exemption provided in paragraph (b).
341By January 1, 2006 2003, the department shall adopt a general
342permit by rule for the construction, installation, operation, or
343maintenance of those floating vessel platforms or floating boat
344lifts that do not qualify for the exemption provided in this
345paragraph but do not cause significant adverse impacts to occur
346individually or cumulatively. The issuance of such general
347permit shall also constitute permission to use or occupy lands
348owned by the Board of Trustees of the Internal Improvement Trust
349Fund. Structures that qualify for Upon the adoption of the rule
350creating such general permit shall not be subject to any
351permitting requirement, registration requirement, or other more
352stringent regulation by any, no local government shall impose a
353more stringent regulation on floating vessel platforms or
354floating boat lifts covered by such general permit.
355     Section 6.  Subsection (3) of section 705.101, Florida
356Statutes, is amended to read:
357     705.101  Definitions.--As used in this chapter:
358     (3)  "Abandoned property" means all tangible personal
359property that does not have an identifiable owner and that has
360been disposed on public property in a wrecked, inoperative, or
361partially dismantled condition or has no apparent intrinsic
362value to the rightful owner. Vessels determined to be derelict
363by the Fish and Wildlife Conservation Commission or a county or
364municipality in accordance with the provisions of s. 376.15 or
365s. 823.11 are included within this definition.
366     Section 7.  Section 823.11, Florida Statutes, is amended to
367read:
368     823.11  Abandoned and derelict vessels; removal; penalty.--
369     (1)  It is unlawful for any person, firm, or corporation to
370store or leave any vessel as defined in s. 327.02(37) by
371maritime law in a wrecked, junked, or substantially dismantled
372condition or abandoned upon or in any public water or at any
373port in this state without the consent of the agency having
374jurisdiction thereof, or docked or grounded at any private
375property without the consent of the owner of the private such
376property.
377     (2)  The Fish and Wildlife Conservation Commission and its
378officers and all law enforcement officers as specified in s.
379327.70 are is designated as the agency of the state authorized
380and empowered to remove or cause to be removed any abandoned or
381derelict vessel from public waters in any instance when the same
382obstructs or threatens to obstruct navigation or in any way
383constitutes a danger to the environment. Removal of vessels
384pursuant to this section may be funded by grants provided
385pursuant to s. 376.15. All costs incurred by the commission or
386other law enforcement agency in the removal of any abandoned or
387derelict vessel as set out above shall be recoverable against
388the owner thereof. The Department of Legal Affairs shall
389represent the commission in such actions Pursuant to an
390agreement with the governing body of a county or municipality,
391and upon a finding by the commission that the county or
392municipality is competent to undertake said responsibilities,
393the commission may delegate to the county or municipality its
394authority to remove or cause to be removed an abandoned or
395derelict vessel from public waters within the county or
396municipality.
397     (3)  Any person, firm, or corporation violating this act is
398guilty of a misdemeanor of the first degree and shall be
399punished as provided by law.
400     Section 8.  This act shall take effect upon becoming a law.


CODING: Words stricken are deletions; words underlined are additions.