1 | The Water & Natural Resources Committee recommends the |
2 | following: |
3 |
|
4 | Council/Committee Substitute |
5 | Remove the entire bill and insert: |
6 | A bill to be entitled |
7 | An act relating to vessels; amending s. 327.59, F.S.; |
8 | authorizing marina owners, operators, employees, and |
9 | agents to take actions to secure vessels during severe |
10 | weather and to charge fees and be held harmless for such |
11 | service; authorizing contract provisions and notice |
12 | relating to removing or securing vessels; amending s. |
13 | 328.17, F.S.; providing for possessory liens for marinas |
14 | on certain abandoned vessels; providing for attachment of |
15 | the lien and recovery of certain costs under certain |
16 | circumstances; requiring marina owners to provide vessel |
17 | owners with written notice and to obtain certain |
18 | documentation prior to the sale or disposition of certain |
19 | vessels; amending s. 376.11, F.S.; revising provisions |
20 | relating to the Florida Coastal Protection Trust Fund to |
21 | conform to changes made by the act; amending s. 376.15, |
22 | F.S.; revising provisions relating to the removal of |
23 | abandoned and derelict vessels; specifying officers |
24 | authorized to remove such vessels; providing that certain |
25 | costs shall be recoverable; requiring the Department of |
26 | Legal Affairs to represent the Fish and Wildlife |
27 | Conservation Commission in certain actions; expanding |
28 | eligibility for disbursement of grant funds for the |
29 | removal of derelict vessels; amending s. 403.813, F.S.; |
30 | revising the date the department is required to adopt a |
31 | general permit by rule for the construction, installation, |
32 | operation, or maintenance of certain floating vessel |
33 | platforms or floating boat lifts; providing exemptions |
34 | from permitting for certain structures; amending s. |
35 | 705.101, F.S.; defining certain vessels as abandoned |
36 | property; amending s. 823.11, F.S.; revising provisions |
37 | relating to abandoned and derelict vessels and the removal |
38 | of such vessels; specifying officers authorized to remove |
39 | such vessels; providing that vessel removal may be funded |
40 | by certain grants; requiring the Department of Legal |
41 | Affairs to represent the Fish and Wildlife Conservation |
42 | Commission in certain actions; deleting a provision |
43 | authorizing the commission to delegate certain authority |
44 | to local governments under certain circumstances; |
45 | providing an effective date. |
46 |
|
47 | Be It Enacted by the Legislature of the State of Florida: |
48 |
|
49 | Section 1. Section 327.59, Florida Statutes, is amended to |
50 | read: |
51 | 327.59 Marina evacuations.-- |
52 | (1) After June 1, 1994, marinas may not adopt, maintain, |
53 | or enforce policies pertaining to evacuation of vessels which |
54 | require vessels to be removed from marinas following the |
55 | issuance of a hurricane watch or warning, in order to ensure |
56 | that protecting the lives and safety of vessel owners is placed |
57 | before interests of protecting property. |
58 | (2) Nothing in this section may be construed to restrict |
59 | the ability of an owner of a vessel or the owner's authorized |
60 | representative to remove a vessel voluntarily from a marina at |
61 | any time or to restrict a marina owner from dictating the kind |
62 | of cleats, ropes, fenders, and other measures that must be used |
63 | on vessels as a condition of use of a marina. After a tropical |
64 | storm or hurricane watch has been issued, a marina owner, |
65 | operator, employee, or agent may take actions to further secure |
66 | any vessel within the marina to minimize damage to a vessel, the |
67 | marina property, and the environment. The marina owner, |
68 | operator, employee, or agent may charge reasonable fees for |
69 | further securing of a vessel, shall not be held liable for any |
70 | damage incurred to a vessel from such storms or hurricanes, and |
71 | is held harmless as a result of such actions. |
72 | (3) Notwithstanding any other provisions of this section, |
73 | in order to protect marina property, a marina owner may provide |
74 | by contract that in the event a vessel owner fails to promptly |
75 | remove a vessel from a marina after a hurricane watch or warning |
76 | has been issued, the marina owner, operator, employee, or agent |
77 | may remove the vessel from its slip or take whatever actions |
78 | deemed necessary in order to properly secure the vessel and may |
79 | charge the vessel owner a reasonable fee for any such services |
80 | rendered. A marina seeking to add such a provision to a contract |
81 | must provide notice to the vessel owner in any such contract in |
82 | a font size of at least 10 points. The notice shall be in |
83 | substantially the following form: |
84 |
|
85 | NOTICE TO VESSEL OWNER |
86 | The undersigned hereby informs you that in the event you |
87 | fail to remove your vessel from the marina promptly after |
88 | a hurricane watch or warning has been issued for (insert |
89 | geographic area), Florida, under Florida law, the |
90 | undersigned or his or her employees or agents are |
91 | authorized to remove your vessel from its slip and take |
92 | any and all other actions deemed appropriate by the |
93 | undersigned or his or her employees or agents in order to |
94 | secure your vessel and protect the marina property. You |
95 | are further notified that you may be charged a reasonable |
96 | fee for any such action. |
97 | Section 2. Subsections (4), (5), (7), (10), (11), and (12) |
98 | of 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, |
102 | dockage fees, repairs, improvements, or other work-related |
103 | storage charges, and for expenses necessary for preservation of |
104 | the vessel or expenses reasonably incurred in the sale or other |
105 | disposition of the vessel. The possessory lien shall attach as |
106 | of the date the vessel is brought to the marina, or as of the |
107 | date the vessel first occupies rental space at the marina |
108 | facility. |
109 | (b) A possessory lien upon any vessel in a wrecked, |
110 | junked, or substantially dismantled condition, which has been |
111 | left docked, grounded, beached, or otherwise abandoned at a |
112 | marina without consent of the marina owner, for expenses |
113 | reasonably incurred in the removal and disposal of the vessel. |
114 | The possessory lien shall attach as of the date the vessel is |
115 | discovered at the marina facility. If the funds recovered from |
116 | the sale of such a vessel, or from the scrap or salvage value of |
117 | such a vessel, are insufficient to cover the expenses reasonably |
118 | incurred by the marina in removing and disposing of the vessel, |
119 | all costs in excess of recovery shall be recoverable against the |
120 | owner of the vessel However, in the event of default, the marina |
121 | must give notice to persons who hold perfected security |
122 | interests against the vessel under the Uniform Commercial Code |
123 | in which the owner is named as the debtor. |
124 | (5) A marina's possessory lien may be satisfied as |
125 | follows: |
126 | (a)1. The marina shall provide written notice to the |
127 | vessel's owner, delivered in person or by certified mail to the |
128 | owner's last known address. The notice shall also be and |
129 | conspicuously posted at the marina and on the vessel. |
130 | 2. In addition to the notice provided to the vessel owner |
131 | under subparagraph 1., the marina shall provide written notice |
132 | to each person or entity that: |
133 | a. Holds a security interest on the vessel as shown in the |
134 | records of the Department of Highway Safety and Motor Vehicles |
135 | with respect to state-titled vessels; |
136 | b. Holds a preferred ship mortgage or has filed a claim of |
137 | lien with the United States Coast Guard Vessel Documentation |
138 | Center; |
139 | c. Holds a security interest against the vessel under the |
140 | Uniform Commercial Code; or |
141 | d. Has perfected a lien against the vessel by filing a |
142 | judgment lien certificate pursuant to ss. 55.201-55.209. |
143 | 3. If a vessel displays a foreign country identification |
144 | or displays registration numbers from a state other than |
145 | Florida, the marina shall conduct a reasonable lien search of |
146 | the vessel registration records in the jurisdiction of registry |
147 | to determine if there is a lienholder who is entitled to notice |
148 | pursuant to subparagraph 2. Failure to discover a foreign |
149 | national or non-Florida United States lienholder after a good |
150 | faith effort to conduct such a lien search shall not prevent the |
151 | sale or removal of a vessel from the marina to satisfy the |
152 | marina's possessory lien or a purchaser, in good faith, from |
153 | taking title of the vessel pursuant to subsections (7) and (11). |
154 | 4. The requirements of subparagraph 2. shall be satisfied |
155 | if the marina: |
156 | a. Obtains a copy of the title for the vessel and trailer, |
157 | if applicable, from the Department of Highway Safety and Motor |
158 | Vehicles or other agency where the vessel is registered. |
159 | b. Obtains an abstract from the United States Coast Guard |
160 | for a vessel that is documented as defined in 46 U.S.C. s. |
161 | 301.01. |
162 | c. Obtains a current Uniform Commercial Code lien search. |
163 | d. Obtains a current Florida judgment lien certificate |
164 | search. |
165 | e. Complies with subparagraph 3. with regard to vessels |
166 | registered in a foreign country or in a state other than |
167 | Florida. |
168 | 5. The written notice to the vessel owner and lienholders |
169 | required by this paragraph shall be made at least 60 days prior |
170 | to any sale of the vessel under this section recorded lienholder |
171 | of such vessel registered with this state as shown by the |
172 | records of the Department of Highway Safety and Motor Vehicles, |
173 | at 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 |
176 | the sum due at the time of the notice and the date upon which |
177 | the 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 |
181 | within the time stated in the notice, the vessel will be |
182 | advertised for sale or other disposition and will be sold or |
183 | otherwise disposed of at a specified time and place. |
184 | 5. The name, street address, and telephone number of the |
185 | marina that the owner may contact to respond to the notice. |
186 | (7) If the fees, and costs, and late payment interest that |
187 | give rise to such a lien are due and unpaid 60 120 days after |
188 | the vessel owner and lienholder are is given written notice, the |
189 | marina may sell the vessel, including its machinery, rigging, |
190 | and accessories as provided for in subsection (8), or the marina |
191 | may, at its option, remove the vessel from the marina or from |
192 | the waters of the state at the owner's expense pursuant to |
193 | paragraph (4)(b). |
194 | (10) Before any sale or other disposition of the vessel |
195 | pursuant to this section, the owner or lienholder may pay the |
196 | amount necessary to satisfy the lien and the reasonable expenses |
197 | and late payment interest incurred under this section and |
198 | thereby redeem and take possession of the vessel. Upon receipt |
199 | of such payment, the marina shall return the property to the |
200 | owner or lienholder making such payment and thereafter shall |
201 | have no liability to any person with respect to such vessel. |
202 | (11) Unless otherwise provided by law, a purchaser in good |
203 | faith of a vessel sold to satisfy a lien provided for in this |
204 | section takes the property free of any claims other than a prior |
205 | lien perfected under state or federal law the Uniform Commercial |
206 | Code, despite noncompliance by the marina with the requirements |
207 | of this section. |
208 | (12) In the event of a sale under this section, the marina |
209 | may satisfy its lien from the proceeds of the sale, provided the |
210 | marina's lien has priority over all other liens on the vessel |
211 | other than a prior lien perfected under the Uniform Commercial |
212 | Code. The lien rights of secured lienholders are automatically |
213 | also attach transferred to the remaining proceeds of the sale. |
214 | The balance, if any, shall be held by the marina for delivery on |
215 | demand to the owner. A notice of any balance shall be delivered |
216 | by the marina to the owner in person or by certified mail to the |
217 | last known address of the owner. If the owner does not claim the |
218 | balance of the proceeds within 1 year after the date of sale, |
219 | the proceeds shall be deemed abandoned, and the marina shall |
220 | have no further obligation with regard to the payment of the |
221 | balance. In the event that the marina's lien does not have |
222 | priority over all other liens, the sale proceeds shall be held |
223 | for the benefit of the holders of those liens having priority. A |
224 | notice of the amount of the sale proceeds shall be delivered by |
225 | the marina to the owner or secured lienholder in person or by |
226 | certified mail to the owner's or the secured lienholder's last |
227 | known address. If the owner or the secured lienholder does not |
228 | claim the sale proceeds within 1 year after the date of sale, |
229 | the proceeds shall be deemed abandoned, and the owner or the |
230 | secured lienholder shall have no further obligation with regard |
231 | to the payment of the proceeds. |
232 | Section 3. Paragraph (g) of subsection (4) of section |
233 | 376.11, Florida Statutes, is amended to read: |
234 | 376.11 Florida Coastal Protection Trust Fund.-- |
235 | (4) Moneys in the Florida Coastal Protection Trust Fund |
236 | shall be disbursed for the following purposes and no others: |
237 | (g) The funding of a grant program to coastal local |
238 | governments, pursuant to s. 376.15(2)(b) and (c), for the |
239 | removal of derelict vessels from the public waters of the state. |
240 | Section 4. Section 376.15, Florida Statutes, is amended to |
241 | read: |
242 | 376.15 Derelict vessels; removal from public waters.-- |
243 | (1) It is unlawful for any person, firm, or corporation to |
244 | store or leave any vessel, as defined in s. 327.02(37), in a |
245 | wrecked, junked, or substantially dismantled condition or |
246 | abandoned upon any public waters or at any port in this state |
247 | without the consent of the agency having jurisdiction thereof or |
248 | docked or grounded at any private property without the consent |
249 | of the owner of the private property. |
250 | (2)(a) The Fish and Wildlife Conservation Commission and |
251 | its officers and all law enforcement officers as specified in s. |
252 | 327.70 are is hereby designated as the agency of the state |
253 | authorized and empowered to remove any derelict vessel as |
254 | described in subsection (1) from public waters. All costs |
255 | incurred by the commission or other law enforcement agency in |
256 | the removal of any abandoned or derelict vessel shall be |
257 | recoverable against the owner of the vessel. The Department of |
258 | Legal Affairs shall represent the commission in such actions. |
259 | (b) The commission may establish a program to provide |
260 | grants to coastal local governments for the removal of derelict |
261 | vessels from the public waters of the state. The program shall |
262 | be funded from the Florida Coastal Protection Trust Fund. |
263 | Notwithstanding the provisions in s. 216.181(11), funds |
264 | available for grants may only be authorized by appropriations |
265 | acts of the Legislature. |
266 | (c) The commission shall adopt by rule procedures for |
267 | submitting a grant application and criteria for allocating |
268 | available funds. Such criteria shall include, but not be limited |
269 | to, the following: |
270 | 1. The number of derelict vessels within the jurisdiction |
271 | of the applicant. |
272 | 2. The threat posed by such vessels to public health or |
273 | safety, the environment, navigation, or the aesthetic condition |
274 | of the general vicinity. |
275 | 3. The degree of commitment of the local government to |
276 | maintain waters free of abandoned and derelict vessels and to |
277 | seek legal action against those who abandon vessels in the |
278 | waters of the state. |
279 | (d) This section shall constitute the authority of the |
280 | commission for such removal, but is not intended to be in |
281 | contravention of any applicable federal act. |
282 | (e) The Department of Legal Affairs shall represent the |
283 | Fish and Wildlife Conservation Commission in such actions. |
284 | Section 5. Paragraph (s) of subsection (2) of section |
285 | 403.813, 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 |
288 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
289 | chapter 25270, 1949, Laws of Florida, for activities associated |
290 | with the following types of projects; however, except as |
291 | otherwise provided in this subsection, nothing in this |
292 | subsection relieves an applicant from any requirement to obtain |
293 | permission to use or occupy lands owned by the Board of Trustees |
294 | of the Internal Improvement Trust Fund or any water management |
295 | district in its governmental or proprietary capacity or from |
296 | complying with applicable local pollution control programs |
297 | authorized under this chapter or other requirements of county |
298 | and municipal governments: |
299 | (s) The construction, installation, operation, or |
300 | maintenance of floating vessel platforms or floating boat lifts, |
301 | provided that such structures: |
302 | 1. Float at all times in the water for the sole purpose of |
303 | supporting a vessel so that the vessel is out of the water when |
304 | not in use; |
305 | 2. Are wholly contained within a boat slip previously |
306 | permitted under ss. 403.91-403.929, 1984 Supplement to the |
307 | Florida Statutes 1983, as amended, or part IV of chapter 373; |
308 | are, or, when associated with a dock that is exempt under this |
309 | subsection or a permitted dock with no defined boat slip and, do |
310 | not exceed a combined total of 500 square feet, or 200 square |
311 | feet in an Outstanding Florida Water; or are attached to a |
312 | bulkhead on a parcel of land where there is no other docking |
313 | structure and do not exceed a combined total of 1,000 square |
314 | feet outside of an Outstanding Florida Water, 500 square feet |
315 | within an Outstanding Florida Water that is not an aquatic |
316 | preserve, or 200 square feet within an aquatic preserve; |
317 | 3. Are not used for any commercial purpose or for mooring |
318 | vessels that remain in the water when not in use, and do not |
319 | substantially impede the flow of water, create a navigational |
320 | hazard, or unreasonably infringe upon the riparian rights of |
321 | adjacent property owners, as defined in s. 253.141; |
322 | 4. Are constructed and used so as to minimize adverse |
323 | impacts to submerged lands, wetlands, shellfish areas, aquatic |
324 | plant and animal species, and other biological communities, |
325 | including locating such structures in areas where no seagrasses |
326 | are least dense exist if such areas are present adjacent to the |
327 | dock or bulkhead; and |
328 | 5. Are not constructed in areas specifically prohibited |
329 | for boat mooring under conditions of a permit issued in |
330 | accordance with ss. 403.91-403.929, 1984 Supplement to the |
331 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
332 | other form of authorization issued by a local government. |
333 |
|
334 | Structures that qualify for this exemption are relieved from any |
335 | requirement to obtain permission to use or occupy lands owned by |
336 | the Board of Trustees of the Internal Improvement Trust Fund and |
337 | shall not be subject to any permitting requirements, |
338 | registration requirements, or other more stringent regulation by |
339 | any local government. The exemption provided in this paragraph |
340 | shall be in addition to the exemption provided in paragraph (b). |
341 | By January 1, 2006 2003, the department shall adopt a general |
342 | permit by rule for the construction, installation, operation, or |
343 | maintenance of those floating vessel platforms or floating boat |
344 | lifts that do not qualify for the exemption provided in this |
345 | paragraph but do not cause significant adverse impacts to occur |
346 | individually or cumulatively. The issuance of such general |
347 | permit shall also constitute permission to use or occupy lands |
348 | owned by the Board of Trustees of the Internal Improvement Trust |
349 | Fund. Structures that qualify for Upon the adoption of the rule |
350 | creating such general permit shall not be subject to any |
351 | permitting requirement, registration requirement, or other more |
352 | stringent regulation by any, no local government shall impose a |
353 | more stringent regulation on floating vessel platforms or |
354 | floating boat lifts covered by such general permit. |
355 | Section 6. Subsection (3) of section 705.101, Florida |
356 | Statutes, is amended to read: |
357 | 705.101 Definitions.--As used in this chapter: |
358 | (3) "Abandoned property" means all tangible personal |
359 | property that does not have an identifiable owner and that has |
360 | been disposed on public property in a wrecked, inoperative, or |
361 | partially dismantled condition or has no apparent intrinsic |
362 | value to the rightful owner. Vessels determined to be derelict |
363 | by the Fish and Wildlife Conservation Commission or a county or |
364 | municipality in accordance with the provisions of s. 376.15 or |
365 | s. 823.11 are included within this definition. |
366 | Section 7. Section 823.11, Florida Statutes, is amended to |
367 | read: |
368 | 823.11 Abandoned and derelict vessels; removal; penalty.-- |
369 | (1) It is unlawful for any person, firm, or corporation to |
370 | store or leave any vessel as defined in s. 327.02(37) by |
371 | maritime law in a wrecked, junked, or substantially dismantled |
372 | condition or abandoned upon or in any public water or at any |
373 | port in this state without the consent of the agency having |
374 | jurisdiction thereof, or docked or grounded at any private |
375 | property without the consent of the owner of the private such |
376 | property. |
377 | (2) The Fish and Wildlife Conservation Commission and its |
378 | officers and all law enforcement officers as specified in s. |
379 | 327.70 are is designated as the agency of the state authorized |
380 | and empowered to remove or cause to be removed any abandoned or |
381 | derelict vessel from public waters in any instance when the same |
382 | obstructs or threatens to obstruct navigation or in any way |
383 | constitutes a danger to the environment. Removal of vessels |
384 | pursuant to this section may be funded by grants provided |
385 | pursuant to s. 376.15. All costs incurred by the commission or |
386 | other law enforcement agency in the removal of any abandoned or |
387 | derelict vessel as set out above shall be recoverable against |
388 | the owner thereof. The Department of Legal Affairs shall |
389 | represent the commission in such actions Pursuant to an |
390 | agreement with the governing body of a county or municipality, |
391 | and upon a finding by the commission that the county or |
392 | municipality is competent to undertake said responsibilities, |
393 | the commission may delegate to the county or municipality its |
394 | authority to remove or cause to be removed an abandoned or |
395 | derelict vessel from public waters within the county or |
396 | municipality. |
397 | (3) Any person, firm, or corporation violating this act is |
398 | guilty of a misdemeanor of the first degree and shall be |
399 | punished as provided by law. |
400 | Section 8. This act shall take effect upon becoming a law. |