Senate Bill sb2156

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2005                                  SB 2156

    By Senator Baker





    20-471A-05                                         See HB 1121

  1                      A bill to be entitled

  2         An act relating to vessels; amending s. 327.59,

  3         F.S.; holding vessel owners liable for certain

  4         damages to marina property; authorizing marina

  5         owners, operators, employees, and agents to

  6         take actions to secure vessels during severe

  7         weather and to charge fees and be held harmless

  8         for such service; amending s. 328.17, F.S.;

  9         providing for possessory liens for marinas on

10         certain abandoned vessels; providing for

11         attachment of the lien and recovery of certain

12         costs under certain circumstances; amending s.

13         376.11, F.S.; revising provisions relating to

14         the Florida Coastal Protection Trust Fund to

15         conform to changes made by the act; amending s.

16         376.15, F.S.; revising provisions relating to

17         the removal of abandoned and derelict vessels;

18         specifying officers authorized to remove such

19         vessels; providing that certain costs shall be

20         recoverable; requiring the Department of Legal

21         Affairs to represent the Fish and Wildlife

22         Conservation Commission in certain actions;

23         expanding eligibility for disbursement of grant

24         funds for the removal of derelict vessels;

25         amending s. 705.101, F.S.; defining certain

26         vessels as abandoned property; amending s.

27         823.11, F.S.; revising provisions relating to

28         abandoned and derelict vessels and the removal

29         of such vessels; specifying officers authorized

30         to remove such vessels; providing that vessel

31         removal may be funded by certain grants;

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    Florida Senate - 2005                                  SB 2156
    20-471A-05                                         See HB 1121




 1         requiring the Department of Legal Affairs to

 2         represent the Fish and Wildlife Conservation

 3         Commission in certain actions; deleting a

 4         provision authorizing the commission to

 5         delegate certain authority to local governments

 6         under certain circumstances; providing an

 7         effective date.

 8  

 9  Be It Enacted by the Legislature of the State of Florida:

10  

11         Section 1.  Section 327.59, Florida Statutes, is

12  amended to read:

13         327.59  Marina evacuations.--

14         (1)  After June 1, 1994, marinas may not adopt,

15  maintain, or enforce policies pertaining to evacuation of

16  vessels which require vessels to be removed from marinas

17  following the issuance of a hurricane watch or warning, in

18  order to ensure that protecting the lives and safety of vessel

19  owners is placed before interests of protecting property.

20         (2)  If, after a hurricane watch or warning is issued,

21  the owner or operator of a vessel fails to remove the vessel

22  from a marina pursuant to subsection (1), the owner shall be

23  liable for any damages to the marina's property caused, or

24  contributed to, by the vessel.

25         (3)(2)  Nothing in this section may be construed to

26  restrict the ability of an owner of a vessel or the owner's

27  authorized representative to remove a vessel voluntarily from

28  a marina at any time or to restrict a marina owner from

29  dictating the kind of cleats, ropes, fenders, and other

30  measures that must be used on vessels as a condition of use of

31  a marina. After a tropical storm or hurricane watch has been

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






    Florida Senate - 2005                                  SB 2156
    20-471A-05                                         See HB 1121




 1  issued, a marina owner, operator, employee, or agent may take

 2  actions to further secure any vessel within the marina to

 3  minimize damage to a vessel, the marina property, and the

 4  environment. The marina owner, operator, employee, or agent

 5  may charge reasonable fees for further securing of a vessel,

 6  shall not be held liable for any damage incurred to a vessel

 7  from such storms or hurricanes, and are held harmless as a

 8  result of such actions.

 9         Section 2.  Subsection (4) of section 328.17, Florida

10  Statutes, is amended to read:

11         328.17  Nonjudicial sale of vessels.--

12         (4)  A marina, as defined in s. 327.02(19), shall have:

13         (a)  A possessory lien upon any vessel for storage

14  fees, dockage fees, repairs, improvements, or other

15  work-related storage charges, and for expenses necessary for

16  preservation of the vessel or expenses reasonably incurred in

17  the sale or other disposition of the vessel. The possessory

18  lien shall attach as of the date the vessel is brought to the

19  marina, or as of the date the vessel first occupies rental

20  space at the marina facility.

21         (b)  A possessory lien upon any vessel in a wrecked,

22  junked, or substantially dismantled condition, which has been

23  left docked, grounded, beached, or otherwise abandoned at a

24  marina without consent of the marina owner, for expenses

25  reasonably incurred in the removal and disposal of the vessel.

26  The possessory lien shall attach as of the date the vessel is

27  discovered at the marina facility. If the funds recovered from

28  the sale of such a vessel, or from the scrap or salvage value

29  of such a vessel, are insufficient to cover the expenses

30  reasonably incurred by the marina in removing and disposing of

31  

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    Florida Senate - 2005                                  SB 2156
    20-471A-05                                         See HB 1121




 1  the vessel, all costs in excess of recovery shall be

 2  recoverable against the owner of the vessel.

 3  

 4  However, In the event of default, the marina must give notice

 5  to persons who hold perfected security interests against the

 6  vessel under the Uniform Commercial Code in which the owner is

 7  named as the debtor.

 8         Section 3.  Paragraph (g) of subsection (4) of section

 9  376.11, Florida Statutes, is amended to read:

10         376.11  Florida Coastal Protection Trust Fund.--

11         (4)  Moneys in the Florida Coastal Protection Trust

12  Fund shall be disbursed for the following purposes and no

13  others:

14         (g)  The funding of a grant program to coastal local

15  governments, pursuant to s. 376.15(2)(b) and (c), for the

16  removal of derelict vessels from the public waters of the

17  state.

18         Section 4.  Section 376.15, Florida Statutes, is

19  amended to read:

20         376.15  Derelict vessels; removal from public waters.--

21         (1)  It is unlawful for any person, firm, or

22  corporation to store or leave any vessel, as defined in s.

23  327.02(37), in a wrecked, junked, or substantially dismantled

24  condition or abandoned upon any public waters or at any port

25  in this state without the consent of the agency having

26  jurisdiction thereof or docked or grounded at any private

27  property without the consent of the owner of the private

28  property.

29         (2)(a)  The Fish and Wildlife Conservation Commission

30  and its officers and all law enforcement officers as specified

31  in s. 327.70 are is hereby designated as the agency of the

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    Florida Senate - 2005                                  SB 2156
    20-471A-05                                         See HB 1121




 1  state authorized and empowered to remove any derelict vessel

 2  as described in subsection (1) from public waters. All costs

 3  incurred by the commission or other law enforcement agency in

 4  the removal of any abandoned or derelict vessel shall be

 5  recoverable against the owner of the vessel. The Department of

 6  Legal Affairs shall represent the commission in such actions.

 7         (b)  The commission may establish a program to provide

 8  grants to coastal local governments for the removal of

 9  derelict vessels from the public waters of the state. The

10  program shall be funded from the Florida Coastal Protection

11  Trust Fund. Notwithstanding the provisions in s. 216.181(11),

12  funds available for grants may only be authorized by

13  appropriations acts of the Legislature.

14         (c)  The commission shall adopt by rule procedures for

15  submitting a grant application and criteria for allocating

16  available funds. Such criteria shall include, but not be

17  limited to, the following:

18         1.  The number of derelict vessels within the

19  jurisdiction of the applicant.

20         2.  The threat posed by such vessels to public health

21  or safety, the environment, navigation, or the aesthetic

22  condition of the general vicinity.

23         3.  The degree of commitment of the local government to

24  maintain waters free of abandoned and derelict vessels and to

25  seek legal action against those who abandon vessels in the

26  waters of the state.

27         (d)  This section shall constitute the authority of the

28  commission for such removal, but is not intended to be in

29  contravention of any applicable federal act.

30         (e)  The Department of Legal Affairs shall represent

31  the Fish and Wildlife Conservation Commission in such actions.

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    Florida Senate - 2005                                  SB 2156
    20-471A-05                                         See HB 1121




 1         Section 5.  Subsection (3) of section 705.101, Florida

 2  Statutes, is amended to read:

 3         705.101  Definitions.--As used in this chapter:

 4         (3)  "Abandoned property" means all tangible personal

 5  property that does not have an identifiable owner and that has

 6  been disposed on public property in a wrecked, inoperative, or

 7  partially dismantled condition or has no apparent intrinsic

 8  value to the rightful owner. Vessels determined to be derelict

 9  by the Fish and Wildlife Conservation Commission or a county

10  or municipality in accordance with the provisions of s. 376.15

11  or s. 823.11 are included within this definition.

12         Section 6.  Section 823.11, Florida Statutes, is

13  amended to read:

14         823.11  Abandoned and derelict vessels; removal;

15  penalty.--

16         (1)  It is unlawful for any person, firm, or

17  corporation to store or leave any vessel as defined in s.

18  327.02(37) by maritime law in a wrecked, junked, or

19  substantially dismantled condition or abandoned upon or in any

20  public water or at any port in this state without the consent

21  of the agency having jurisdiction thereof, or docked or

22  grounded at any private property without the consent of the

23  owner of the private such property.

24         (2)  The Fish and Wildlife Conservation Commission and

25  its officers and all law enforcement officers as specified in

26  s. 327.70 are is designated as the agency of the state

27  authorized and empowered to remove or cause to be removed any

28  abandoned or derelict vessel from public waters in any

29  instance when the same obstructs or threatens to obstruct

30  navigation or in any way constitutes a danger to the

31  environment. Removal of vessels pursuant to this section may

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    Florida Senate - 2005                                  SB 2156
    20-471A-05                                         See HB 1121




 1  be funded by grants provided pursuant to s. 376.15. All costs

 2  incurred by the commission in the removal of any abandoned or

 3  derelict vessel as set out above shall be recoverable against

 4  the owner thereof. The Department of Legal Affairs shall

 5  represent the commission in such actions. Pursuant to an

 6  agreement with the governing body of a county or municipality,

 7  and upon a finding by the commission that the county or

 8  municipality is competent to undertake said responsibilities,

 9  the commission may delegate to the county or municipality its

10  authority to remove or cause to be removed an abandoned or

11  derelict vessel from public waters within the county or

12  municipality.

13         (3)  Any person, firm, or corporation violating this

14  act is guilty of a misdemeanor of the first degree and shall

15  be punished as provided by law.

16         Section 7.  This act shall take effect upon becoming a

17  law.

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