Senate Bill sb2128c2

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    Florida Senate - 2006                    CS for CS for SB 2128

    By the Committees on Environmental Preservation;
    Transportation; and Senator Baker




    592-2296-06

  1                      A bill to be entitled

  2         An act relating to vessels; amending s.

  3         206.606, F.S.; authorizing the use of certain

  4         funds for local boating related projects and

  5         activities; amending s. 327.59, F.S.;

  6         authorizing marina owners, operators,

  7         employees, and agents to take actions to secure

  8         vessels during severe weather and to charge

  9         fees and be held harmless for such service;

10         holding marina operators, employees, and agents

11         liable for damage caused by intentional acts or

12         negligence while removing or securing vessels;

13         authorizing contract provisions and providing

14         contract notice requirements relating to

15         removing or securing vessels; amending s.

16         327.60, F.S.; providing for local regulation of

17         anchoring within mooring fields; amending s.

18         328.64, F.S.; requiring the Department of

19         Highway Safety and Motor Vehicles to provide

20         forms for certain notification related to

21         vessels; requiring the department to provide by

22         rule for the surrender and replacement of

23         certificates of registration to reflect change

24         of address; amending s. 328.72, F.S.; requiring

25         counties to use funds for specific boating

26         related purposes; requiring counties to provide

27         reports demonstrating specified expenditure of

28         such funds; providing penalties for failure to

29         comply; amending s. 376.11, F.S.; authorizing

30         the distribution of revenues from the Florida

31         Coastal Protection Trust Fund to all local

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 1         governments for the removal of certain vessels;

 2         amending s. 376.15, F.S.; revising provisions

 3         relating to the removal of abandoned and

 4         derelict vessels; specifying officers

 5         authorized to remove such vessels; providing

 6         that certain costs are recoverable; requiring

 7         the Department of Legal Affairs to represent

 8         the Fish and Wildlife Conservation Commission

 9         in certain actions; expanding eligibility for

10         disbursement of grant funds for the removal of

11         certain vessels; amending s. 403.813, F.S.;

12         providing exemptions from permitting,

13         registration, and regulation of floating vessel

14         platforms or floating boat lifts by a local

15         government; authorizing local governments to

16         require certain permits or registration for

17         floating vessel platforms or floating boat

18         lifts under certain circumstances; amending s.

19         705.101, F.S.; revising the definition of

20         "abandoned property" to include certain

21         vessels; amending s. 705.103, F.S.; revising

22         the terminology relating to abandoned or lost

23         property to conform; amending s. 823.11, F.S.;

24         revising provisions relating to abandoned and

25         derelict vessels and the removal of such

26         vessels; providing a definition of "derelict

27         vessel"; specifying which officers may remove

28         such vessels; directing the Fish and Wildlife

29         Conservation Commission to implement a plan for

30         the procurement of federal disaster funds for

31         the removal of derelict vessels; requiring the

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 1         Department of Legal Affairs to represent the

 2         commission in certain actions; deleting a

 3         provision authorizing the commission to

 4         delegate certain authority to local governments

 5         under certain circumstances; authorizing

 6         private property owners to remove certain

 7         vessels with required notice; providing that

 8         cost of such removal is recoverable;

 9         prohibiting private property owners from

10         hindering the removal of certain vessels by

11         vessel owners or agents; providing for

12         jurisdictional imposition of civil penalties

13         for violations relating to certain vessels;

14         providing an effective date.

15  

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

17  

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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 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.

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 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  

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 1         (3)  Notwithstanding any other provisions of this

 2  section, in order to minimize damage to a vessel and to

 3  protect marina property, private property, and the

 4  environment, a marina owner may provide by contract that in

 5  the event a vessel owner fails to promptly remove a vessel

 6  from a marina after a tropical storm or hurricane watch has

 7  been issued, the marina owner, operator, employee, or agent

 8  may remove the vessel, if reasonable, from its slip or take

 9  whatever reasonable actions are deemed necessary to properly

10  secure a vessel to minimize damage to a vessel and to protect

11  marina property, private property, and the environment and may

12  charge the vessel owner a reasonable fee for any such services

13  rendered. In order to add such a provision to a contract, the

14  marina owner must provide notice to the vessel owner in any

15  such contract in a font size of at least 10 points and in

16  substantially the following form:

17  

18                      NOTICE TO VESSEL OWNER

19  

20         The undersigned hereby informs you that in the

21         event you fail to remove your vessel from the

22         marina promptly (timeframe to be determined

23         between the marina owner or operator and the

24         vessel owner) after the issuance of a tropical

25         storm or hurricane watch for (insert geographic

26         area), Florida, under Florida law, the

27         undersigned or his or her employees or agents

28         are authorized to remove your vessel, if

29         reasonable, from its slip or take any and all

30         other reasonable actions deemed appropriate by

31         the undersigned or his or her employees or

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 1         agents in order to better secure your vessel

 2         and to protect marina property, private

 3         property, and the environment. You are further

 4         notified that you may be charged a reasonable

 5         fee for any such action.

 6  

 7         (4)  A marina owner, operator, employee, or agent shall

 8  not be liable for any damage incurred to a vessel from storms

 9  or hurricanes and is held harmless as a result of such

10  actions. Nothing in this section may be construed to provide

11  immunity to a marina operator, employee, or agent for any

12  damage caused by intentional acts or negligence when removing

13  or securing a vessel as permitted under this section.

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

15  Statutes, is amended to read:

16         327.60  Local regulations; limitations.--

17         (2)  Nothing contained in the provisions of this

18  section shall be construed to prohibit local governmental

19  authorities from the enactment or enforcement of regulations

20  which prohibit or restrict the mooring or anchoring of

21  floating structures or live-aboard vessels within their

22  jurisdictions or of any vessels within the marked boundaries

23  of mooring fields permitted as provided in s. 327.40. However,

24  local governmental authorities are prohibited from regulating

25  the anchoring outside of such mooring fields anchorage of

26  non-live-aboard vessels engaged in the exercise of rights of

27  navigation.

28         Section 4.  Section 328.64, Florida Statutes, is

29  amended to read:

30         328.64  Change of interest and address.--

31  

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

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

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

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

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

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

 7  transfer, destruction, or abandonment shall terminate the

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

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

10  right to operate such vessel, such transfer shall not

11  terminate the certificate. The department shall provide the

12  form for such notice and shall attach the form to every vessel

13  title issued or reissued.

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

15  notify the Department of Highway Safety and Motor Vehicles or

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

17  no longer conforms to the address appearing on the certificate

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

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

20  The department shall may provide in its rules and regulations

21  for the surrender of the certificate bearing the former

22  address and its replacement with a certificate bearing the new

23  address or for the alteration of an outstanding certificate to

24  show the new address of the holder.

25         Section 5.  Subsection (15) of section 328.72, Florida

26  Statutes, is amended to read:

27         328.72  Classification; registration; fees and charges;

28  surcharge; disposition of fees; fines; marine turtle

29  stickers.--

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

31  $1 of which shall be remitted to the state for deposit into

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

 2  Wildlife Conservation Commission and $1 of which shall be

 3  remitted to the state for deposit into the Marine Resources

 4  Conservation Trust Fund to fund a grant program for public

 5  launching facilities, pursuant to s. 206.606 327.47, giving

 6  priority consideration to counties with more than 35,000

 7  registered vessels, moneys designated for the use of the

 8  counties, as specified in subsection (1), shall be distributed

 9  by the tax collector to the board of county commissioners for

10  use only as provided in this section. Such moneys to be

11  returned to the counties are for the sole purposes of

12  providing recreational channel marking and other uniform

13  waterway markers, public boat ramps, lifts and hoists, marine

14  railways, and other public launching facilities, derelict

15  vessel removal, and other boating-related activities, for

16  removal of vessels and floating structures deemed a hazard to

17  public safety and health for failure to comply with s. 327.53,

18  and for manatee and marine mammal protection and recovery.

19  Counties shall that demonstrate through an annual detailed

20  accounting report of vessel registration revenues that at

21  least $1 of the registration fees were spent as provided in

22  this subsection on boating infrastructure shall only be

23  required to transfer the first $1 of the fees to the Save the

24  Manatee Trust Fund. This report shall be provided to the Fish

25  and Wildlife Conservation Commission no later than November 1

26  of each year. If, prior to January 1 of each calendar year,

27  the annual detailed accounting report meeting the prescribed

28  criteria has still not been provided to the commission, the

29  tax collector of that county shall not distribute the moneys

30  designated for the use of counties, as specified in subsection

31  (1), to the board of county commissioners but shall, instead,

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 1  for the next calendar year, remit such moneys to the state for

 2  deposit into the Marine Resources Conservation Trust Fund. The

 3  commission shall return those moneys to the county if the

 4  county fully complies with this section within that calendar

 5  year. If the county does not fully comply with this section

 6  within that calendar year, the moneys shall remain within the

 7  Marine Resources Trust Fund and may be appropriated for the

 8  purposes specified in this subsection The commission shall

 9  provide an exemption letter to the department by December 15

10  of each year for qualifying counties.

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

12  376.11, Florida Statutes, is amended to read:

13         376.11  Florida Coastal Protection Trust Fund.--

14         (4)  Moneys in the Florida Coastal Protection Trust

15  Fund shall be disbursed for the following purposes and no

16  others:

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

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

19  removal of derelict vessels from the public waters of the

20  state.

21         Section 7.  Section 376.15, Florida Statutes, is

22  amended to read:

23         376.15  Derelict vessels; removal from public waters.--

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

25  corporation to store, leave, or abandon any derelict vessel as

26  defined in s. 823.11(1) in this state or leave any vessel in a

27  wrecked, junked, or substantially dismantled condition or

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

29  without the consent of the agency having jurisdiction thereof

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

31  owner of the private property.

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

 2  and its officers and all law enforcement officers as specified

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

 4  state authorized and empowered to remove any derelict vessel

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

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

 7  law enforcement agency in the removal of any abandoned or

 8  derelict vessel shall be recoverable against the owner of the

 9  vessel. The Department of Legal Affairs shall represent the

10  commission in such actions.

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

12  grants to coastal local governments for the removal of

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

14  program shall be funded from the Florida Coastal Protection

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

16  funds available for grants may only be authorized by

17  appropriations acts of the Legislature.

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

19  submitting a grant application and criteria for allocating

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

21  limited to, the following:

22         1.  The number of derelict vessels within the

23  jurisdiction of the applicant.

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

25  or safety, the environment, navigation, or the aesthetic

26  condition of the general vicinity.

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

28  maintain waters free of abandoned and derelict vessels and to

29  seek legal action against those who abandon vessels in the

30  waters of the state.

31  

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

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

 3  contravention of any applicable federal act.

 4         (e)  The Department of Legal Affairs shall represent

 5  the Fish and Wildlife Conservation Commission in such actions.

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

 7  403.813, Florida Statutes, is amended to read:

 8         403.813  Permits issued at district centers;

 9  exceptions.--

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

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

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

13  associated with the following types of projects; however,

14  except as otherwise provided in this subsection, nothing in

15  this subsection relieves an applicant from any requirement to

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

17  Trustees of the Internal Improvement Trust Fund or any water

18  management district in its governmental or proprietary

19  capacity or from complying with applicable local pollution

20  control programs authorized under this chapter or other

21  requirements of county and municipal governments:

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

23  maintenance of floating vessel platforms or floating boat

24  lifts, provided that such structures:

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

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

27  the water when not in use;

28         2.  Are wholly contained within a boat slip previously

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

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

31  or do not exceed a combined total of 500 square feet, or 200

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 1  square feet in an Outstanding Florida Water, when associated

 2  with a dock that is exempt under this subsection or associated

 3  with a permitted dock with no defined boat slip or attached to

 4  a bulkhead on a parcel of land where there is no other docking

 5  structure, do not exceed a combined total of 500 square feet,

 6  or 200 square feet in an Outstanding Florida Water;

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

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

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

10  navigational hazard, or unreasonably infringe upon the

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

12  253.141;

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

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

15  plant and animal species, and other biological communities,

16  including locating such structures in areas where no

17  seagrasses are least dense exist if such areas are present

18  adjacent to the dock or bulkhead; and

19         5.  Are not constructed in areas specifically

20  prohibited for boat mooring under conditions of a permit

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

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

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

24  government.

25  

26  Structures that qualify for this exemption are relieved from

27  any requirement to obtain permission to use or occupy lands

28  owned by the Board of Trustees of the Internal Improvement

29  Trust Fund and shall not be subject to any more stringent

30  permitting requirements, registration requirements, or other

31  regulation by any local government. Local governments may

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 1  require either permitting or one-time registration of floating

 2  vessel platforms as necessary to ensure compliance with the

 3  exemption criteria in this section; to ensure compliance with

 4  local ordinances, codes, or regulations relating to building

 5  or zoning, which are no more stringent than the exemption

 6  criteria in this section; and to ensure proper installation

 7  and maintenance of a floating vessel platform or floating boat

 8  lift that is proposed to be attached to a bulkhead or parcel

 9  of land where there is no other docking structure. The

10  exemption provided in this paragraph shall be in addition to

11  the exemption provided in paragraph (b). By January 1, 2003,

12  The department shall adopt a general permit by rule for the

13  construction, installation, operation, or maintenance of those

14  floating vessel platforms or floating boat lifts that do not

15  qualify for the exemption provided in this paragraph but do

16  not cause significant adverse impacts to occur individually or

17  cumulatively. The issuance of such general permit shall also

18  constitute permission to use or occupy lands owned by the

19  Board of Trustees of the Internal Improvement Trust Fund. Upon

20  the adoption of the rule creating such general permit, No

21  local government shall impose a more stringent regulation,

22  permitting requirement, registration requirement, or other

23  regulation covered by such general permit. Local governments

24  may require either permitting or one-time registration of

25  floating vessel platforms as necessary to ensure compliance

26  with the general permit in this section; to ensure compliance

27  with local ordinances, codes, or regulations relating to

28  building or zoning that are no more stringent than the general

29  permit in this section; and to ensure proper installation and

30  maintenance of a floating vessel platform or floating boat

31  lift that is proposed to be attached to a bulkhead or parcel

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 1  of land where there is no other docking structure on floating

 2  vessel platforms or floating boat lifts covered by such

 3  general permit.

 4         Section 9.  Subsection (3) of section 705.101, Florida

 5  Statutes, is amended to read:

 6         705.101  Definitions.--As used in this chapter:

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

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

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

10  partially dismantled condition or has no apparent intrinsic

11  value to the rightful owner. The term includes derelict

12  vessels as defined in s. 823.11(1) Vessels determined to be

13  derelict by the Fish and Wildlife Conservation Commission or a

14  county or municipality in accordance with the provisions of s.

15  823.11 are included within this definition.

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

17  Statutes, is amended to read:

18         705.103  Procedure for abandoned or lost property.--

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

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

21  property within the specified period shall be liable to the

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

23  destruction of such property, less any salvage value obtained

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

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

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

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

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

29  certificate of registration for such vessel boat or motor

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

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

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 1  the Department of Highway Safety and Motor Vehicles with a

 2  list of persons whose vessel boat registration privileges or

 3  whose motor vehicle privileges have been revoked under this

 4  subsection. Neither the department nor any other person acting

 5  as agent thereof shall issue a certificate of registration to

 6  a person whose vessel boat or motor vehicle registration

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

 8  until such costs have been paid.

 9         Section 11.  Section 823.11, Florida Statutes, is

10  amended to read:

11         823.11  Abandoned and derelict vessels; removal;

12  penalty.--

13         (1)  "Derelict vessel" means any vessel, as defined in

14  s. 327.02, that is left, stored, or abandoned:

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

16  condition upon any public waters of this state.

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

18  the agency having jurisdiction thereof.

19         (c)  Docked or grounded at or beached upon the property

20  of another without the consent of the owner of the property.

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

22  corporation to store, leave, or abandon any derelict vessel as

23  defined in this section in this state or leave any vessel as

24  defined by maritime law in a wrecked, junked, or substantially

25  dismantled condition or abandoned upon or in any public water

26  or at any port in this state without the consent of the agency

27  having jurisdiction thereof, or docked at any private property

28  without the consent of the owner of such property.

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

30  Commission and its officers and all law enforcement officers

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

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

 2  removed any abandoned or derelict vessel from public waters in

 3  any instance when the same obstructs or threatens to obstruct

 4  navigation or in any way constitutes a danger to the

 5  environment. Removal of vessels pursuant to this section may

 6  be funded by grants provided in ss. 206.606 and 376.15. The

 7  Fish and Wildlife Conservation Commission is directed to

 8  implement a plan for the procurement of any available federal

 9  disaster funds and to use such funds for the removal of

10  derelict vessels. All costs incurred by the commission or

11  other law enforcement agency in the removal of any abandoned

12  or derelict vessel as set out above shall be recoverable

13  against the owner thereof. The Department of Legal Affairs

14  shall represent the commission in such actions. As provided in

15  s. 705.103(4), any person who neglects or refuses to pay such

16  amount is not entitled to be issued a certificate of

17  registration for such vessel or for any other vessel or motor

18  vehicle until the costs have been paid.

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

20  beached upon private property without the consent of the owner

21  of the property, the owner of the property may remove the

22  vessel at the vessel owner's expense 60 days after compliance

23  with the notice requirements specified in s. 328.17(5). The

24  private property owner may not hinder reasonable efforts by

25  the vessel owner or agent to remove the vessel. Any notice

26  given pursuant to this paragraph shall be presumed delivered

27  when it is deposited with the United States Postal Service,

28  certified, and properly addressed with prepaid postage.

29  Pursuant to an agreement with the governing body of a county

30  or municipality, and upon a finding by the commission that the

31  county or municipality is competent to undertake said

                                  17

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






    Florida Senate - 2006                    CS for CS for SB 2128
    592-2296-06




 1  responsibilities, the commission may delegate to the county or

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

 3  abandoned or derelict vessel from public waters within the

 4  county or municipality.

 5         (4)(3)  Any person, firm, or corporation violating this

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

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

 8  section shall not bar the assessment and collection of the

 9  civil penalty provided in s. 376.16 for violation of s.

10  376.15. The court having jurisdiction over the criminal

11  offense, notwithstanding any jurisdictional limitations on the

12  amount in controversy, may order the imposition of such civil

13  penalty in addition to any sentence imposed for the first

14  criminal offense.

15         Section 12.  This act shall take effect July 1, 2006.

16  

17          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
18                     CS for Senate Bill 2128

19                                 

20  The committee substitute for the committee substitute
    clarifies that marina employees who secure a vessel after a
21  tropical storm or hurricane watch or warning has been issued
    may do so to protect marina property, private property, and
22  the environment.  Provisions relating to floating vessel
    platforms and floating boat lifts are clarified to provide
23  that local governments may require a permit or a one-time
    registration of floating vessel platforms as necessary to
24  ensure compliance with local ordinances, codes, or regulations
    relating to building or zoning, and to ensure proper
25  installation and maintenance of floating vessel platforms and
    floating boat lifts.  Local ordinances, codes, or regulations
26  may not be any more stringent than the requirements for the
    state exemption criteria or general permit criteria.
27  Provisions authorizing private property owners to remove
    abandoned or derelict vessels from their property are amended
28  to provide that private property owners may not hinder
    reasonable efforts by a vessel owner or agent to remove the
29  vessel.

30  

31  

                                  18

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