Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. CS for SB 2128
                        Barcode 191400
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: RCS             .                    
       04/18/2006 06:46 PM         .                    
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11  The Committee on Environmental Preservation (Baker)
12  recommended the following amendment:
13  
14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  Paragraph (b) of subsection (1) of section
19  206.606, Florida Statutes, is amended to read:
20         206.606  Distribution of certain proceeds.--
21         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and
22  206.87(1)(e) shall be deposited in the Fuel Tax Collection
23  Trust Fund. Such moneys, after deducting the service charges
24  imposed by s. 215.20, the refunds granted pursuant to s.
25  206.41, and the administrative costs incurred by the
26  department in collecting, administering, enforcing, and
27  distributing the tax, which administrative costs may not
28  exceed 2 percent of collections, shall be distributed monthly
29  to the State Transportation Trust Fund, except that:
30         (b)  $2.5 million shall be transferred to the State
31  Game Trust Fund in the Fish and Wildlife Conservation
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Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 Commission in each fiscal year and used for recreational 2 boating activities, and freshwater fisheries management and 3 research. The transfers must be made in equal monthly amounts 4 beginning on July 1 of each fiscal year. The commission shall 5 annually determine where unmet needs exist for boating-related 6 activities, and may fund such activities in counties where, 7 due to the number of vessel registrations, sufficient 8 financial resources are unavailable. 9 1. A minimum of $1.25 million shall be used to fund 10 local projects to provide recreational channel marking and 11 other uniform waterway markers, public boat ramps, lifts, and 12 hoists, marine railways, and other public launching 13 facilities, derelict vessel removal aquatic plant control, and 14 other local boating related activities. In funding the 15 projects, the commission shall give priority consideration as 16 follows: 17 a. Unmet needs in counties with populations of 100,000 18 or less. 19 b. Unmet needs in coastal counties with a high level 20 of boating related activities from individuals residing in 21 other counties. 22 2. The remaining $1.25 million may be used for 23 recreational boating activities and freshwater fisheries 24 management and research. 25 3. The commission is authorized to adopt rules 26 pursuant to ss. 120.536(1) and 120.54 to implement a Florida 27 Boating Improvement Program similar to the program 28 administered by the Department of Environmental Protection and 29 established in rules 62D-5.031 - 62D-5.036, Florida 30 Administrative Code, to determine projects eligible for 31 funding under this subsection. 2 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 2 On February 1 of each year, the commission shall file an 3 annual report with the President of the Senate and the Speaker 4 of the House of Representatives outlining the status of its 5 Florida Boating Improvement Program, including the projects 6 funded, and a list of counties whose needs are unmet due to 7 insufficient financial resources from vessel registration 8 fees. 9 Section 2. Section 327.59, Florida Statutes, is 10 amended to read: 11 327.59 Marina evacuations.-- 12 (1) After June 1, 1994, marinas may not adopt, 13 maintain, or enforce policies pertaining to evacuation of 14 vessels which require vessels to be removed from marinas 15 following the issuance of a hurricane watch or warning, in 16 order to ensure that protecting the lives and safety of vessel 17 owners is placed before interests of protecting property. 18 (2) Nothing in this section may be construed to 19 restrict the ability of an owner of a vessel or the owner's 20 authorized representative to remove a vessel voluntarily from 21 a marina at any time or to restrict a marina owner from 22 dictating the kind of cleats, ropes, fenders, and other 23 measures that must be used on vessels as a condition of use of 24 a marina. After a tropical storm or hurricane watch has been 25 issued, a marina owner or operator, or an employee or agent of 26 such owner or operator, may take reasonable actions to further 27 secure any vessel within the marina to minimize damage to a 28 vessel and to protect marina property, private property, and 29 the environment and may charge a reasonable fee for such 30 services. 31 (3) Notwithstanding any other provisions of this 3 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 section, in order to minimize damage to a vessel and to 2 protect marina property, private property, and the 3 environment, a marina owner may provide by contract that in 4 the event a vessel owner fails to promptly remove a vessel 5 from a marina after a tropical storm or hurricane watch has 6 been issued, the marina owner, operator, employee, or agent 7 may remove the vessel, if reasonable, from its slip or take 8 whatever reasonable actions are deemed necessary to properly 9 secure a vessel to minimize damage to a vessel and to protect 10 marina property, private property, and the environment and may 11 charge the vessel owner a reasonable fee for any such services 12 rendered. In order to add such a provision to a contract, the 13 marina owner must provide notice to the vessel owner in any 14 such contract in a font size of at least 10 points and in 15 substantially the following form: 16 17 NOTICE TO VESSEL OWNER 18 19 The undersigned hereby informs you that in the event you fail 20 to remove your vessel from the marina promptly (timeframe to 21 be determined between the marina owner or operator and the 22 vessel owner) after the issuance of a tropical storm or 23 hurricane watch for (insert geographic area), Florida, under 24 Florida law, the undersigned or his or her employees or agents 25 are authorized to remove your vessel, if reasonable, from its 26 slip or take any and all other reasonable actions deemed 27 appropriate by the undersigned or his or her employees or 28 agents in order to better secure your vessel and to protect 29 marina property, private property, and the environment. You 30 are further notified that you may be charged a reasonable fee 31 for any such action. 4 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 (4) A marina owner, operator, employee, or agent shall 2 not be held liable for any damage incurred to a vessel from 3 storms or hurricanes and is held harmless as a result of such 4 actions. Nothing in this section may be construed to provide 5 immunity to a marina operator, employee, or agent for any 6 damage caused by intentional acts or negligence when removing 7 or securing a vessel as permitted under this section. 8 Section 3. Subsection (2) of section 327.60, Florida 9 Statutes, is amended to read: 10 327.60 Local regulations; limitations.-- 11 (2) Nothing contained in the provisions of this 12 section shall be construed to prohibit local governmental 13 authorities from the enactment or enforcement of regulations 14 which prohibit or restrict the mooring or anchoring of 15 floating structures or live-aboard vessels within their 16 jurisdictions or of any vessels within the marked boundaries 17 of mooring fields permitted as provided in s. 327.40. However, 18 local governmental authorities are prohibited from regulating 19 the anchoring outside of such mooring fields anchorage of 20 non-live-aboard vessels engaged in the exercise of rights of 21 navigation. 22 Section 4. Section 328.64, Florida Statutes, is 23 amended to read: 24 328.64 Change of interest and address.-- 25 (1) The owner shall furnish the Department of Highway 26 Safety and Motor Vehicles notice of the transfer of all or any 27 part of his or her interest in a vessel registered or titled 28 in this state pursuant to this chapter or chapter 328 or of 29 the destruction or abandonment of such vessel, within 30 days 30 thereof, on a form prescribed by the department. Such 31 transfer, destruction, or abandonment shall terminate the 5 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 certificate for such vessel, except that in the case of a 2 transfer of a part interest which does not affect the owner's 3 right to operate such vessel, such transfer shall not 4 terminate the certificate. The department shall provide the 5 form for such notice and shall attach the form to every vessel 6 title issued or reissued. 7 (2) Any holder of a certificate of registration shall 8 notify the Department of Highway Safety and Motor Vehicles or 9 the county tax collector within 30 days, if his or her address 10 no longer conforms to the address appearing on the certificate 11 and shall, as a part of such notification, furnish the 12 department or such county tax collector with the new address. 13 The department shall may provide in its rules and regulations 14 for the surrender of the certificate bearing the former 15 address and its replacement with a certificate bearing the new 16 address or for the alteration of an outstanding certificate to 17 show the new address of the holder. 18 Section 5. Subsection (15) of section 328.72, Florida 19 Statutes, is amended to read: 20 328.72 Classification; registration; fees and charges; 21 surcharge; disposition of fees; fines; marine turtle 22 stickers.-- 23 (15) DISTRIBUTION OF FEES.--Except for the first $2, 24 $1 of which shall be remitted to the state for deposit into 25 the Save the Manatee Trust Fund created within the Fish and 26 Wildlife Conservation Commission and $1 of which shall be 27 remitted to the state for deposit into the Marine Resources 28 Conservation Trust Fund to fund a grant program for public 29 launching facilities, pursuant to s. 206.606 327.47, giving 30 priority consideration to counties with more than 35,000 31 registered vessels, moneys designated for the use of the 6 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 counties, as specified in subsection (1), shall be distributed 2 by the tax collector to the board of county commissioners for 3 use only as provided in this section. Such moneys to be 4 returned to the counties are for the sole purposes of 5 providing recreational channel marking and other uniform 6 waterway markers, public boat ramps, lifts, and hoists, marine 7 railways, and other public launching facilities, derelict 8 vessel removal, and other boating-related activities, for 9 removal of vessels and floating structures deemed a hazard to 10 public safety and health for failure to comply with s. 327.53, 11 and for manatee and marine mammal protection and recovery. 12 Counties shall that demonstrate through an annual detailed 13 accounting report of vessel registration revenues that at 14 least $1 of the registration fees were spent as provided in 15 this subsection on boating infrastructure shall only be 16 required to transfer the first $1 of the fees to the Save the 17 Manatee Trust Fund. This report shall be provided to the Fish 18 and Wildlife Conservation Commission no later than November 1 19 of each year. If, prior to January 1 of each calendar year, 20 the annual detailed accounting report meeting the prescribed 21 criteria has still not been provided to the commission, the 22 tax collector of that county shall not distribute the moneys 23 designated for the use of counties, as specified in subsection 24 (1), to the board of county commissioners but shall, instead, 25 for the next calendar year, remit such moneys to the state for 26 deposit into the Marine Resources Conservation Trust Fund. The 27 commission shall return those moneys to the county if the 28 county fully complies with this section within that calendar 29 year. If the county does not fully comply with this section 30 within that calendar year, the moneys shall remain within the 31 Marine Resources Trust Fund and may be appropriated for the 7 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 purposes specified in this subsection The commission shall 2 provide an exemption letter to the department by December 15 3 of each year for qualifying counties. 4 Section 6. Paragraph (g) of subsection (4) of section 5 376.11, Florida Statutes, is amended to read: 6 376.11 Florida Coastal Protection Trust Fund.-- 7 (4) Moneys in the Florida Coastal Protection Trust 8 Fund shall be disbursed for the following purposes and no 9 others: 10 (g) The funding of a grant program to coastal local 11 governments, pursuant to s. 376.15(2)(b) and (c), for the 12 removal of derelict vessels from the public waters of the 13 state. 14 Section 7. Section 376.15, Florida Statutes, is 15 amended to read: 16 376.15 Derelict vessels; removal from public waters.-- 17 (1) It is unlawful for any person, firm, or 18 corporation to store, leave, or abandon any derelict vessel as 19 defined in s. 823.11(1) in this state or leave any vessel in a 20 wrecked, junked, or substantially dismantled condition or 21 abandoned upon any public waters or at any port in this state 22 without the consent of the agency having jurisdiction thereof 23 or docked at any private property without the consent of the 24 owner of the private property. 25 (2)(a) The Fish and Wildlife Conservation Commission 26 and its officers and all law enforcement officers as specified 27 in s. 327.70 are is hereby designated as the agency of the 28 state authorized and empowered to remove any derelict vessel 29 as defined in s. 823.11(1) described in subsection (1) from 30 public waters. All costs incurred by the commission or other 31 law enforcement agency in the removal of any abandoned or 8 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 derelict vessel shall be recoverable against the owner of the 2 vessel. The Department of Legal Affairs shall represent the 3 commission in such actions. 4 (b) The commission may establish a program to provide 5 grants to coastal local governments for the removal of 6 derelict vessels from the public waters of the state. The 7 program shall be funded from the Florida Coastal Protection 8 Trust Fund. Notwithstanding the provisions in s. 216.181(11), 9 funds available for grants may only be authorized by 10 appropriations acts of the Legislature. 11 (c) The commission shall adopt by rule procedures for 12 submitting a grant application and criteria for allocating 13 available funds. Such criteria shall include, but not be 14 limited to, the following: 15 1. The number of derelict vessels within the 16 jurisdiction of the applicant. 17 2. The threat posed by such vessels to public health 18 or safety, the environment, navigation, or the aesthetic 19 condition of the general vicinity. 20 3. The degree of commitment of the local government to 21 maintain waters free of abandoned and derelict vessels and to 22 seek legal action against those who abandon vessels in the 23 waters of the state. 24 (d) This section shall constitute the authority of the 25 commission for such removal, but is not intended to be in 26 contravention of any applicable federal act. 27 (e) The Department of Legal Affairs shall represent 28 the Fish and Wildlife Conservation Commission in such actions. 29 Section 8. Subsection (3) of section 705.101, Florida 30 Statutes, is amended to read: 31 705.101 Definitions.--As used in this chapter: 9 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 (3) "Abandoned property" means all tangible personal 2 property that does not have an identifiable owner and that has 3 been disposed on public property in a wrecked, inoperative, or 4 partially dismantled condition or has no apparent intrinsic 5 value to the rightful owner. The term includes derelict 6 vessels as defined in s. 823.11(1) Vessels determined to be 7 derelict by the Fish and Wildlife Conservation Commission or a 8 county or municipality in accordance with the provisions of s. 9 823.11 are included within this definition. 10 Section 9. Subsection (4) of section 705.103, Florida 11 Statutes, is amended to read: 12 705.103 Procedure for abandoned or lost property.-- 13 (4) The owner of any abandoned or lost property who, 14 after notice as provided in this section, does not remove such 15 property within the specified period shall be liable to the 16 law enforcement agency for all costs of removal, storage, and 17 destruction of such property, less any salvage value obtained 18 by disposal of the property. Upon final disposition of the 19 property, the law enforcement officer shall notify the owner, 20 if known, of the amount owed. In the case of an abandoned 21 vessel boat or motor vehicle, any person who neglects or 22 refuses to pay such amount is not entitled to be issued a 23 certificate of registration for such vessel boat or motor 24 vehicle, or any other vessel boat or motor vehicle, until such 25 costs have been paid. The law enforcement officer shall supply 26 the Department of Highway Safety and Motor Vehicles with a 27 list of persons whose vessel boat registration privileges or 28 whose motor vehicle privileges have been revoked under this 29 subsection. Neither the department nor any other person acting 30 as agent thereof shall issue a certificate of registration to 31 a person whose vessel boat or motor vehicle registration 10 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 privileges have been revoked, as provided by this subsection, 2 until such costs have been paid. 3 Section 10. Section 823.11, Florida Statutes, is 4 amended to read: 5 823.11 Abandoned and derelict vessels; removal; 6 penalty.-- 7 (1) "Derelict vessel" means any vessel, as defined in 8 s. 327.02, that is left, stored or abandoned: 9 (a) In a wrecked, junked, or substantially dismantled 10 condition upon any public waters of this state. 11 (b) At any port in this state without the consent of 12 the agency having jurisdiction thereof. 13 (c) Docked or grounded at or beached upon the property 14 of another without the consent of the owner of the property. 15 (2) It is unlawful for any person, firm, or 16 corporation to store, leave, or abandon any derelict vessel as 17 defined in this section in this state or leave any vessel as 18 defined by maritime law in a wrecked, junked, or substantially 19 dismantled condition or abandoned upon or in any public water 20 or at any port in this state without the consent of the agency 21 having jurisdiction thereof, or docked at any private property 22 without the consent of the owner of such property. 23 (3)(a)(2) The Fish and Wildlife Conservation 24 Commission and its officers and all law enforcement officers 25 as specified in s. 327.70 are is designated as the agency of 26 the state authorized and empowered to remove or cause to be 27 removed any abandoned or derelict vessel from public waters in 28 any instance when the same obstructs or threatens to obstruct 29 navigation or in any way constitutes a danger to the 30 environment. Removal of vessels pursuant to this section may 31 be funded by grants provided in ss. 206.606 and 376.15. The 11 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 Fish and Wildlife Conservation Commission is directed to 2 implement a plan for the procurement of any available federal 3 disaster funds and to use such funds for the removal of 4 derelict vessels. All costs incurred by the commission or 5 other law enforcement agency in the removal of any abandoned 6 or derelict vessel as set out above shall be recoverable 7 against the owner thereof. The Department of Legal Affairs 8 shall represent the commission in such actions. As provided in 9 s. 705.103(4), any person who neglects or refuses to pay such 10 amount is not entitled to be issued a certificate of 11 registration for such vessel or for any other vessel or motor 12 vehicle until the costs have been paid. 13 (b) When a derelict vessel is docked or grounded at or 14 beached upon private property without the consent of the owner 15 of the property, the owner of the property may remove the 16 vessel at the vessel owner's expense 60 days after compliance 17 with the notice requirements specified in s. 328.17(5). The 18 private property owner may not hinder reasonable efforts by 19 the vessel owner or agent to remove the vessel. Any notice 20 given pursuant to this paragraph shall be presumed delivered 21 when it is deposited with the United States Postal Service, 22 certified, and properly addressed with prepaid postage. 23 Pursuant to an agreement with the governing body of a county 24 or municipality, and upon a finding by the commission that the 25 county or municipality is competent to undertake said 26 responsibilities, the commission may delegate to the county or 27 municipality its authority to remove or cause to be removed an 28 abandoned or derelict vessel from public waters within the 29 county or municipality. 30 (4)(3) Any person, firm, or corporation violating this 31 act commits is guilty of a misdemeanor of the first degree and 12 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 shall be punished as provided by law. Conviction under this 2 section shall not bar the assessment and collection of the 3 civil penalty provided in s. 376.16 for violation of s. 4 376.15. The court having jurisdiction over the criminal 5 offense, notwithstanding any jurisdictional limitations on the 6 amount in controversy, may order the imposition of such civil 7 penalty in addition to any sentence imposed for the first 8 criminal offense. 9 Section 11. This act shall take effect July 1, 2006. 10 11 12 ================ T I T L E A M E N D M E N T =============== 13 And the title is amended as follows: 14 Delete everything before the enacting clause 15 16 and insert: 17 A bill to be entitled 18 An act relating to vessels; amending s. 19 206.606, F.S.; authorizing the use of certain 20 funds for local boating related projects and 21 activities; amending s. 327.59, F.S.; 22 authorizing marina owners, operators, 23 employees, and agents to take actions to secure 24 vessels during severe weather and to charge 25 fees and be held harmless for such service; 26 holding marina operators, employees, and agents 27 liable for damage caused by intentional acts or 28 negligence while removing or securing vessels; 29 authorizing contract provisions and providing 30 contract notice requirements relating to 31 removing or securing vessels; amending s. 13 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 327.60, F.S.; providing for local regulation of 2 anchoring in mooring fields; amending s. 3 328.64, F.S.; requiring the Department of 4 Highway Safety and Motor Vehicles to provide 5 forms for certain notification related to 6 vessels; requiring the department to provide by 7 rule for the surrender and replacement of 8 certificates of registration to reflect change 9 of address; amending s. 328.72, F.S.; requiring 10 counties to use funds for specific boating 11 related purposes; requiring counties to provide 12 reports demonstrating specified expenditure of 13 such funds; providing penalties for failure to 14 comply; amending s. 376.11, F.S.; authorizing 15 the distribution of revenues from the Florida 16 Coastal Protection Trust Fund to all local 17 governments for the removal of certain vessels; 18 amending s. 376.15, F.S.; revising provisions 19 relating to the removal of abandoned and 20 derelict vessels; specifying officers 21 authorized to remove such vessels; providing 22 that certain costs are recoverable; requiring 23 the Department of Legal Affairs to represent 24 the Fish and Wildlife Conservation Commission 25 in certain actions; expanding eligibility for 26 disbursement of grant funds for the removal of 27 certain vessels; amending s. 705.101, F.S.; 28 revising the definition of "abandoned property" 29 to include certain vessels; amending s. 30 705.103, F.S.; revising the terminology 31 relating to abandoned or lost property to 14 11:59 AM 04/13/06 s2128c1d-ep20-t02
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. CS for SB 2128 Barcode 191400 1 conform; amending s. 823.11, F.S.; revising 2 provisions relating to abandoned and derelict 3 vessels and the removal of such vessels; 4 providing a definition of "derelict vessel"; 5 specifying which officers may remove such 6 vessels; directing the Fish and Wildlife 7 Conservation Commission to implement a plan for 8 the procurement of federal disaster funds for 9 the removal of derelict vessels; requiring the 10 Department of Legal Affairs to represent the 11 commission in certain actions; deleting a 12 provision authorizing the commission to 13 delegate certain authority to local governments 14 under certain circumstances; authorizing 15 private property owners to remove certain 16 vessels with required notice; providing that 17 cost of such removal is recoverable; 18 prohibiting private property owners from 19 hindering the removal of certain vessels by 20 vessel owners or agents; providing for 21 jurisdictional imposition of civil penalties 22 for violations relating to certain vessels; 23 providing an effective date. 24 25 26 27 28 29 30 31 15 11:59 AM 04/13/06 s2128c1d-ep20-t02