Senate Bill sb2128c1

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    Florida Senate - 2006                           CS for SB 2128

    By the Committee on Transportation; and Senator Baker





    596-1940-06

  1                      A bill to be entitled

  2         An act relating to vessels; amending s.

  3         206.606, F.S.; revising provisions governing

  4         the use of moneys in the State Game Trust Fund

  5         in the Fish and Wildlife Conservation

  6         Commission; revising criteria governing

  7         rulemaking by the commission regarding a

  8         Florida Boating Improvement Program and

  9         criteria for funding eligible projects;

10         amending s. 327.59, F.S.; authorizing marina

11         owners, operators, employees, and agents to

12         take actions to secure vessels during severe

13         weather and to charge fees and be held harmless

14         for such service; authorizing contract

15         provisions and notice relating to removing or

16         minimizing damage to vessels and protection of

17         marina property and the environment; amending

18         s. 327.60, F.S.; providing for regulation by

19         local governments of the mooring or anchoring

20         of floating structures or live-aboard vessels;

21         amending s. 328.64, F.S.; requiring vessel

22         owners to notify the Department of Highway

23         Safety and Motor Vehicles on a form prescribed

24         by the department concerning ownership,

25         destruction, or abandonment of a vessel;

26         requiring the department to attach the form to

27         each vessel title it issues or renews;

28         requiring the department to adopt rules that

29         require correction of the address of the holder

30         of a certificate of registration; amending s.

31         328.72, F.S.; revising provisions governing

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    Florida Senate - 2006                           CS for SB 2128
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 1         distribution of certain fees concerning vessel

 2         registration; disallowing the use of the

 3         proceeds of such fees for manatee and marine

 4         mammal protection and recovery; requiring

 5         counties to provide an annual report to the

 6         Fish and Wildlife Conservation Commission

 7         concerning use of such fees; removing a

 8         provision authorizing the commission to grant

 9         an exception to reporting requirements;

10         providing for redistribution of fees to the

11         Marine Resources Conservation Trust Fund rather

12         than the county if the report is not provided;

13         providing for use of funds so redistributed;

14         amending s. 376.11, F.S.; revising provisions

15         relating to the Florida Coastal Protection

16         Trust Fund to conform to changes made by the

17         act; amending s. 376.15, F.S.; prohibiting the

18         storage, abandonment, or leaving of a derelict

19         vessel in the state; specifying officers

20         authorized to remove certain derelict vessels

21         from public waters; providing that certain

22         costs are recoverable; requiring the Department

23         of Legal Affairs to represent the Fish and

24         Wildlife Conservation Commission in certain

25         actions; expanding eligibility for disbursement

26         of grant funds for the removal of derelict

27         vessels; amending s. 403.813, F.S.; providing

28         exemptions from permitting by the Department of

29         Environmental Protection for certain floating

30         vessel platforms; directing the department to

31         adopt a general permit for certain platforms;

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    Florida Senate - 2006                           CS for SB 2128
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 1         revising provisions that prohibit more

 2         stringent regulation by a local government;

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

 4         vessels as abandoned property; amending s.

 5         705.103, F.S.; applying provisions denying a

 6         certificate of registration to the owner of an

 7         abandoned or lost vessel; amending s. 823.11,

 8         F.S.; defining the term "derelict vessel";

 9         revising provisions relating to derelict

10         vessels and the removal of such vessels;

11         specifying which officers may remove such

12         vessels; providing that vessel removal may be

13         funded by certain grants; requiring the

14         Department of Legal Affairs to represent the

15         Fish and Wildlife Conservation Commission in

16         certain actions to collect removal costs from

17         the owner of a removed vessel; applying

18         provisions denying a certificate of

19         registration to such an owner; deleting a

20         provision authorizing the commission to

21         delegate certain authority to local governments

22         under certain circumstances; authorizing

23         certain private property owners to remove a

24         derelict vessel at the expense of the vessel

25         owner; providing for notice to the vessel owner

26         prior to removal; providing for jurisdiction of

27         a criminal court to order civil penalties for

28         certain violations; providing an effective

29         date.

30  

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

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    Florida Senate - 2006                           CS for SB 2128
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 1         Section 1.  Paragraph (b) of subsection (1) of section

 2  206.606, Florida Statutes, is amended to read:

 3         206.606  Distribution of certain proceeds.--

 4         (1)  Moneys collected pursuant to ss. 206.41(1)(g) and

 5  206.87(1)(e) shall be deposited in the Fuel Tax Collection

 6  Trust Fund.  Such moneys, after deducting the service charges

 7  imposed by s. 215.20, the refunds granted pursuant to s.

 8  206.41, and the administrative costs incurred by the

 9  department in collecting, administering, enforcing, and

10  distributing the tax, which administrative costs may not

11  exceed 2 percent of collections, shall be distributed monthly

12  to the State Transportation Trust Fund, except that:

13         (b)  $2.5 million shall be transferred to the State

14  Game Trust Fund in the Fish and Wildlife Conservation

15  Commission in each fiscal year and used for recreational

16  boating activities, and freshwater fisheries management and

17  research.  The transfers must be made in equal monthly amounts

18  beginning on July 1 of each fiscal year. The commission shall

19  annually determine where unmet needs exist for boating-related

20  activities, and may fund such activities in counties where,

21  due to the number of vessel registrations, sufficient

22  financial resources are unavailable.

23         1.  A minimum of $1.25 million shall be used to fund

24  local projects to provide recreational channel marking and

25  other uniform waterway markers;, public boat ramps, boat lifts

26  and hoists, marine railways, and other public boat launching

27  facilities; derelict vessel removal;, aquatic plant control,

28  and other local boating related activities. In funding the

29  projects, the commission shall give priority consideration as

30  follows:

31  

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 1         a.  Unmet needs in counties with populations of 100,000

 2  or less.

 3         b.  Unmet needs in coastal counties with a high level

 4  of boating related activities from individuals residing in

 5  other counties.

 6         2.  The remaining $1.25 million may be used for

 7  recreational boating activities and freshwater fisheries

 8  management and research.

 9         3.  The commission is authorized to adopt rules

10  pursuant to ss. 120.536(1) and 120.54 to implement a Florida

11  Boating Improvement Program similar to the program

12  administered by the Department of Environmental Protection and

13  established in rules 62D-5.031 - 62D-5.036, Florida

14  Administrative Code, to determine projects eligible for

15  funding under this subsection.

16  

17  On February 1 of each year, the commission shall file an

18  annual report with the President of the Senate and the Speaker

19  of the House of Representatives outlining the status of its

20  Florida Boating Improvement Program, including the projects

21  funded, and a list of counties whose needs are unmet due to

22  insufficient financial resources from vessel registration

23  fees.

24         Section 2.  Section 327.59, Florida Statutes, is

25  amended to read:

26         327.59  Marina evacuations.--

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

28  maintain, or enforce policies pertaining to evacuation of

29  vessels which require vessels to be removed from marinas

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

31  

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

 2  owners is placed before interests of protecting property.

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

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

 5  authorized representative to remove a vessel voluntarily from

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

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

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

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

10  issued, a marina owner or operator, or an employee or agent of

11  such owner or operator, may take actions to further secure any

12  vessel within the marina to minimize damage to a vessel, the

13  marina property, and the environment. Such a marina owner,

14  operator, employee, or agent may charge reasonable fees for

15  further securing of a vessel, may not be held liable for any

16  damage incurred to a vessel from such storms or hurricanes,

17  and shall be held harmless as a result of such actions. This

18  section does not provide immunity to a marina operator,

19  employee, or agent for any intentional or negligent act that

20  causes damage to the vessel during the removal or storage

21  permitted under this section.

22         (3)  Notwithstanding any other provision of this

23  section, in order to minimize damage to a vessel and protect

24  marina property and the environment, a marina owner by

25  contract may provide that if a boat owner fails to promptly

26  remove a vessel from a marina after issuance of a tropical

27  storm or hurricane watch, the marina owner, operator, or an

28  employee or agent of the owner or operator may remove the

29  vessel from its slip or take whatever actions are deemed

30  necessary in order to minimize damage to a vessel and to

31  protect marina property and the environment. A marina owner,

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    Florida Senate - 2006                           CS for SB 2128
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 1  operator, employee, or agent may charge the vessel owner a

 2  reasonable fee for any such services rendered. In order to add

 3  such a provision to a contract, the marina owner must include

 4  in any such contract, in a font of at least 10-point type, a

 5  notice to the vessel owner which is in substantially the

 6  following form:

 7  

 8                       NOTICE TO BOAT OWNER

 9  

10         The undersigned hereby informs you that in the

11         event you fail to remove your vessel from the

12         marina promptly (time line to be determined)

13         after the issuance of a tropical storm or

14         hurricane watch for__________, Florida, under

15         Florida law the undersigned or his or her

16         employees or agents are authorized to remove

17         your vessel from its slip or take any and all

18         other actions deemed appropriate by the

19         undersigned or his or her employees or agents

20         in order to secure your vessel and protect

21         marina property. You are further notified that

22         you may be charged a reasonable fee for any

23         such action.

24  

25         Section 3.  Subsection (2) of section 327.60, Florida

26  Statutes, is amended to read:

27         327.60  Local regulations; limitations.--

28         (2)  Nothing contained in the provisions of This

29  section does not shall be construed to prohibit local

30  governmental authorities from the enactment or enforcement of

31  regulations that which prohibit or restrict the mooring or

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 1  anchoring of floating structures or live-aboard vessels within

 2  their jurisdictions or of any vessels permitted under s.

 3  327.40 within the marked boundaries of mooring fields.

 4  However, local governmental authorities may not regulate the

 5  anchoring outside such mooring fields are prohibited from

 6  regulating the anchorage of non-live-aboard vessels engaged in

 7  the exercise of rights of navigation.

 8         Section 4.  Section 328.64, Florida Statutes, is

 9  amended to read:

10         328.64  Change of interest and address.--

11         (1)  The owner shall furnish the Department of Highway

12  Safety and Motor Vehicles notice of the transfer of all or any

13  part of his or her interest in a vessel registered or titled

14  in this state pursuant to this chapter or chapter 328 or of

15  the destruction or abandonment of such vessel, within 30 days

16  thereof, on a form prescribed by the department.  Such

17  transfer, destruction, or abandonment shall terminate the

18  certificate for such vessel, except that in the case of a

19  transfer of a part interest which does not affect the owner's

20  right to operate such vessel, such transfer shall not

21  terminate the certificate. Effective July 1, 2006, the

22  Department of Highway Safety and Motor Vehicles shall attach

23  the notice of transfer form it prescribes pursuant to this

24  subsection to each vessel title issued or renewed by the

25  department.

26         (2)  Any holder of a certificate of registration shall

27  notify the Department of Highway Safety and Motor Vehicles or

28  the county tax collector within 30 days, if his or her address

29  no longer conforms to the address appearing on the certificate

30  and shall, as a part of such notification, furnish the

31  department or such county tax collector with the new address.

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 1  The department shall may provide in its rules and regulations

 2  for the surrender of the certificate bearing the former

 3  address and its replacement with a certificate bearing the new

 4  address or for the alteration of an outstanding certificate to

 5  show the new address of the holder.

 6         Section 5.  Subsection (15) of section 382.72, Florida

 7  Statutes, is amended to read:

 8         328.72  Classification; registration; fees and charges;

 9  surcharge; disposition of fees; fines; marine turtle

10  stickers.--

11         (15)  DISTRIBUTION OF FEES.--Except for the first $2,

12  $1 of which shall be remitted to the state for deposit into

13  the Save the Manatee Trust Fund created within the Fish and

14  Wildlife Conservation Commission and $1 of which shall be

15  remitted to the state for deposit into the Marine Resources

16  Conservation Trust Fund to fund a grant program for public

17  launching facilities, pursuant to s. 327.47, giving priority

18  consideration to counties with more than 35,000 registered

19  vessels, moneys designated for the use of the counties, as

20  specified in subsection (1), shall be distributed by the tax

21  collector to the board of county commissioners for use only as

22  provided in this section. Such moneys to be returned to the

23  counties are for the sole purposes of providing recreational

24  channel marking; and public boat ramps, boat lifts and hoists,

25  marine railways, and other public boat launching facilities;

26  derelict vessel removal; and other boating-related activities,

27  for removal of vessels and floating structures deemed a hazard

28  to public safety and health under for failure to comply with

29  s. 327.53, and for manatee and marine mammal protection and

30  recovery. Counties shall that demonstrate through an annual

31  detailed accounting report of vessel registration revenues

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 1  that at least $1 of the registration fees were spent as

 2  provided in this subsection on boating infrastructure shall

 3  only be required to transfer the first $1 of the fees to the

 4  Save the Manatee Trust Fund. This report shall be provided to

 5  the Fish and Wildlife Conservation Commission no later than

 6  November 1 of each year. If by January 1 of any year, a county

 7  has not provided the commission with a detailed annual

 8  accounting report for the prior year which meets the criteria

 9  in this subsection, the tax collector of that county may not

10  distribute the moneys designated for the use of the counties,

11  as specified in subsection (1), to the board of county

12  commissioners but shall, for the next calendar year, remit

13  such moneys to the state for deposit into the Marine Resources

14  Conservation Trust Fund. The Fish and Wildlife Conservation

15  Commission shall return any moneys so remitted to the county

16  if the county fully complies with this section during that

17  calendar year.  Absent such compliance, any such remitted

18  moneys shall remain in the trust fund and may be used to fund

19  a grant program for public launching facilities pursuant to s.

20  327.47. The commission shall provide an exemption letter to

21  the department by December 15 of each year for qualifying

22  counties.

23         Section 6.  Paragraph (g) of subsection (4) of section

24  376.11, Florida Statutes, is amended to read:

25         376.11  Florida Coastal Protection Trust Fund.--

26         (4)  Moneys in the Florida Coastal Protection Trust

27  Fund shall be disbursed for the following purposes and no

28  others:

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

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

31  

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 1  removal of derelict vessels from the public waters of the

 2  state.

 3         Section 7.  Section 376.15, Florida Statutes, is

 4  amended to read:

 5         376.15  Derelict vessels; removal from public waters.--

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

 7  corporation to store, or leave, or abandon any derelict

 8  vessel, as defined in s. 823.11(1), within this state in a

 9  wrecked, junked, or substantially dismantled condition or

10  abandoned upon any public waters or at any port in this state

11  without the consent of the agency having jurisdiction thereof

12  or docked at any private property without the consent of the

13  owner of the private property.

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

15  and its officers and all law enforcement officers as specified

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

17  state authorized and empowered to remove any derelict vessel

18  as defined in s. 823.11(1) described in subsection (1) from

19  public waters. All costs incurred by the commission or other

20  law enforcement agency in the removal of any abandoned or

21  derelict vessel shall be recoverable against the owner of the

22  vessel. The Department of Legal Affairs shall represent the

23  commission in such actions.

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

25  grants to coastal local governments for the removal of

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

27  program shall be funded from the Florida Coastal Protection

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

29  funds available for grants may only be authorized by

30  appropriations acts of the Legislature.

31  

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

 2  submitting a grant application and criteria for allocating

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

 4  limited to, the following:

 5         1.  The number of derelict vessels within the

 6  jurisdiction of the applicant.

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

 8  or safety, the environment, navigation, or the aesthetic

 9  condition of the general vicinity.

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

11  maintain waters free of abandoned and derelict vessels and to

12  seek legal action against those who abandon vessels in the

13  waters of the state.

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

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

16  contravention of any applicable federal act.

17         (e)  The Department of Legal Affairs shall represent

18  the Fish and Wildlife Conservation Commission in such actions.

19         Section 8.  Paragraph (s) of subsection (2) of section

20  403.813, Florida Statutes, is amended to read:

21         403.813  Permits issued at district centers;

22  exceptions.--

23         (2)  A permit is not required under this chapter,

24  chapter 373, chapter 61-691, Laws of Florida, or chapter 25214

25  or chapter 25270, 1949, Laws of Florida, for activities

26  associated with the following types of projects; however,

27  except as otherwise provided in this subsection, nothing in

28  this subsection relieves an applicant from any requirement to

29  obtain permission to use or occupy lands owned by the Board of

30  Trustees of the Internal Improvement Trust Fund or any water

31  management district in its governmental or proprietary

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 1  capacity or from complying with applicable local pollution

 2  control programs authorized under this chapter or other

 3  requirements of county and municipal governments:

 4         (s)  The construction, installation, operation, or

 5  maintenance of floating vessel platforms or floating boat

 6  lifts, provided that such structures:

 7         1.  Float at all times in the water for the sole

 8  purpose of supporting a vessel so that the vessel is out of

 9  the water when not in use;

10         2.  Are wholly contained within a boat slip previously

11  permitted under ss. 403.91-403.929, 1984 Supplement to the

12  Florida Statutes 1983, as amended, or part IV of chapter 373;,

13  or are, when associated with a dock that is exempt under this

14  subsection or associated with a permitted dock with no defined

15  boat slip; or are attached to a bulkhead on a parcel of land

16  where there is no other docking structure and, do not exceed a

17  combined total of 500 square feet, or 200 square feet in an

18  Outstanding Florida Water;

19         3.  Are not used for any commercial purpose or for

20  mooring vessels that remain in the water when not in use, and

21  do not substantially impede the flow of water, create a

22  navigational hazard, or unreasonably infringe upon the

23  riparian rights of adjacent property owners, as defined in s.

24  253.141;

25         4.  Are constructed and used so as to minimize adverse

26  impacts to submerged lands, wetlands, shellfish areas, aquatic

27  plant and animal species, and other biological communities,

28  including locating such structures in areas where no

29  seagrasses are least dense exist if such areas are present

30  adjacent to the dock or bulkhead; and

31  

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 1         5.  Are not constructed in areas specifically

 2  prohibited for boat mooring under conditions of a permit

 3  issued in accordance  with ss. 403.91-403.929, 1984 Supplement

 4  to the Florida Statutes 1983, as amended, or part IV of

 5  chapter 373, or other form of authorization issued by a local

 6  government.

 7  

 8  Structures that qualify for this exemption are relieved from

 9  any requirement to obtain permission to use or occupy lands

10  owned by the Board of Trustees of the Internal Improvement

11  Trust Fund and shall not be subject to any permitting

12  requirement, registration requirement, or other more stringent

13  regulation by any local government. The exemption provided in

14  this paragraph is shall be in addition to the exemption

15  provided in paragraph (b). By January 1, 2003, The department

16  shall adopt a general permit by rule for the construction,

17  installation, operation, or maintenance of those floating

18  vessel platforms or floating boat lifts that do not qualify

19  for the exemption provided in this paragraph but do not cause

20  significant adverse impacts to occur individually or

21  cumulatively. The issuance of such general permit shall also

22  constitutes constitute permission to use or occupy lands owned

23  by the Board of Trustees of the Internal Improvement Trust

24  Fund. Structures that qualify for Upon the adoption of the

25  rule creating such general permit are not subject to any

26  permitting requirement, registration requirement, or other

27  more stringent regulation by any, no local government shall

28  impose a more stringent regulation on floating vessel

29  platforms or floating boat lifts covered by such general

30  permit.

31  

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 1         Section 9.  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. The term includes derelict

 9  vessels as defined in s. 823.11(1) determined to be derelict

10  by the Fish and Wildlife Conservation Commission or a county

11  or municipality in accordance with the provisions of s. 823.11

12  are included within this definition.

13         Section 10.  Subsection (4) of section 705.103, Florida

14  Statutes, is amended to read:

15         705.103  Procedure for abandoned or lost property.--

16         (4)  The owner of any abandoned or lost property who,

17  after notice as provided in this section, does not remove such

18  property within the specified period shall be liable to the

19  law enforcement agency for all costs of removal, storage, and

20  destruction of such property, less any salvage value obtained

21  by disposal of the property. Upon final disposition of the

22  property, the law enforcement officer shall notify the owner,

23  if known, of the amount owed. In the case of an abandoned

24  vessel boat or motor vehicle, any person who neglects or

25  refuses to pay such amount is not entitled to be issued a

26  certificate of registration for such vessel boat or motor

27  vehicle, or any other vessel boat or motor vehicle, until such

28  costs have been paid. The law enforcement officer shall supply

29  the Department of Highway Safety and Motor Vehicles with a

30  list of persons whose vessel boat registration privileges or

31  whose motor vehicle privileges have been revoked under this

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 1  subsection. Neither the department nor any other person acting

 2  as agent thereof shall issue a certificate of registration to

 3  a person whose vessel boat or motor vehicle registration

 4  privileges have been revoked, as provided by this subsection,

 5  until such costs have been paid.

 6         Section 11.  Section 823.11, Florida Statutes, is

 7  amended to read:

 8         823.11  Abandoned and derelict vessels; removal;

 9  penalty.--

10         (1)  As used in this section the term "derelict vessel"

11  means a vessel, as defined in s. 327.02, which is left,

12  stored, or abandoned:

13         (a)  In a wrecked, junked, or substantially dismantled

14  condition upon any public waters of this state;

15         (b)  At any port in this state without the consent of

16  the agency having jurisdiction over that port; or

17         (c)  At a dock or beach on the property of another

18  without the consent of the owner of the property.

19         (2)(1)  It is unlawful for any person, firm, or

20  corporation to store, or leave, or abandon any derelict vessel

21  within this state as defined by maritime law in a wrecked,

22  junked, or substantially dismantled condition or abandoned

23  upon or in any public water or at any port in this state

24  without the consent of the agency having jurisdiction thereof,

25  or docked at any private property without the consent of the

26  owner of such property.

27         (3)(a)(2)  The Fish and Wildlife Conservation

28  Commission and its officers and all law enforcement officers

29  as specified in s. 327.70 are is designated as the agency of

30  the state authorized and empowered to remove or cause to be

31  removed any abandoned or derelict vessel from public waters in

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 1  any instance when the same obstructs or threatens to obstruct

 2  navigation or in any way constitutes a danger to the

 3  environment. Removal of vessels pursuant to this section may

 4  be funded by grants provided under s. 206.606 or s. 376.15.

 5  Derelict vessels may be removed from public waters or other

 6  public property as provided in s. 705.103. All costs incurred

 7  by the commission or other law enforcement agency in the

 8  removal of any abandoned or derelict vessel as set out above

 9  shall be recoverable against the owner thereof. The Department

10  of Legal Affairs shall represent the commission in such

11  actions. As provided in s. 705.103(4), any person who neglects

12  or refuses to pay such costs is not entitled to be issued a

13  certificate of registration for the vessel that was removed or

14  for any other vessel or motor vehicle until such costs have

15  been paid. Pursuant to an agreement with the governing body of

16  a county or municipality, and upon a finding by the commission

17  that the county or municipality is competent to undertake said

18  responsibilities, the commission may delegate to the county or

19  municipality its authority to remove or cause to be removed an

20  abandoned or derelict vessel from public waters within the

21  county or municipality.

22         (b)  When a derelict vessel is docked or grounded at or

23  beached upon the private property of another without the

24  consent of the owner of the property, such owner may, at his

25  or her option, remove the vessel at the expense of the owner

26  of the vessel 60 days after compliance with the notice

27  requirements specified in s. 328.17(5). Any notice given

28  pursuant to this paragraph is presumed delivered when it is

29  deposited with the United States Postal Service, certified,

30  and properly addressed with postage prepaid.

31  

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






    Florida Senate - 2006                           CS for SB 2128
    596-1940-06




 1         (4)(3)  Any person, firm, or corporation violating this

 2  act commits is guilty of a misdemeanor of the first degree and

 3  shall be punished as provided by law. Conviction under this

 4  subsection does not bar assessment and collection of the civil

 5  penalties provided in s. 376.16 for violation of s. 376.15.

 6  The court having jurisdiction over the criminal offense,

 7  notwithstanding any jurisdictional limitations on the amount

 8  in controversy, may order the imposition of such civil penalty

 9  in addition to any sentence imposed for the criminal offense.

10         Section 12.  This act shall take effect upon becoming a

11  law.

12  

13          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
14                         Senate Bill 2128

15                                 

16  The CS removes language regarding the non-judicial sale of
    vessels. Marina personnel who remove or secure vessels after
17  tropical storm or hurricane watches are to be held harmless
    unless intentional damage is caused. The Department of Highway
18  Safety and Motor Vehicles is required to provide and attach
    change of interest and address forms to registration forms. In
19  addition to some technical changes, the CS requires counties
    to conform to fund use standards and provides penalties for
20  noncompliance. The term "derelict vessel" is redefined.
    Language allowing FWC to delegate authority to local
21  governments is removed. The CS specifies property owners must
    comply with regulations for vessel removal and presumption of
22  'delivery notice' is defined. This CS allows courts to impose
    civil penalties in addition to any criminal sentencing for
23  violation of vessel removal regulations.

24  

25  

26  

27  

28  

29  

30  

31  

                                  18

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