Bill No. 0471
Amendment No. 546497
Senate House

1Representative Needelman offered the following:
3     Amendment (with title amendment)
4     Between lines 2216 and 2217, insert:
5     Section 37.  Paragraph (b) of subsection (1) of section
6206.606, Florida Statutes, is amended to read:
7     206.606  Distribution of certain proceeds.--
8     (1)  Moneys collected pursuant to ss. 206.41(1)(g) and
9206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
10Fund. Such moneys, after deducting the service charges imposed
11by s. 215.20, the refunds granted pursuant to s. 206.41, and the
12administrative costs incurred by the department in collecting,
13administering, enforcing, and distributing the tax, which
14administrative costs may not exceed 2 percent of collections,
15shall be distributed monthly to the State Transportation Trust
16Fund, except that:
17     (b)  $2.5 million shall be transferred to the State Game
18Trust Fund in the Fish and Wildlife Conservation Commission in
19each fiscal year and used for recreational boating activities,
20and freshwater fisheries management and research. The transfers
21must be made in equal monthly amounts beginning on July 1 of
22each fiscal year. The commission shall annually determine where
23unmet needs exist for boating-related activities, and may fund
24such activities in counties where, due to the number of vessel
25registrations, sufficient financial resources are unavailable.
26     1.  A minimum of $1.25 million shall be used to fund local
27projects to provide recreational channel marking and other
28uniform waterway markers, public boat ramps, lifts, and hoists,
29marine railways, and other public launching facilities, derelict
30vessel removal aquatic plant control, and other local boating
31related activities. In funding the projects, the commission
32shall give priority consideration as follows:
33     a.  Unmet needs in counties with populations of 100,000 or
35     b.  Unmet needs in coastal counties with a high level of
36boating related activities from individuals residing in other
38     2.  The remaining $1.25 million may be used for
39recreational boating activities and freshwater fisheries
40management and research.
41     3.  The commission is authorized to adopt rules pursuant to
42ss. 120.536(1) and 120.54 to implement a Florida Boating
43Improvement Program similar to the program administered by the
44Department of Environmental Protection and established in rules
4562D-5.031 - 62D-5.036, Florida Administrative Code, to determine
46projects eligible for funding under this subsection.
48On February 1 of each year, the commission shall file an annual
49report with the President of the Senate and the Speaker of the
50House of Representatives outlining the status of its Florida
51Boating Improvement Program, including the projects funded, and
52a list of counties whose needs are unmet due to insufficient
53financial resources from vessel registration fees.
54     Section 38.  Section 327.59, Florida Statutes, is amended
55to read:
56     327.59  Marina evacuations.--
57     (1)  After June 1, 1994, marinas may not adopt, maintain,
58or enforce policies pertaining to evacuation of vessels which
59require vessels to be removed from marinas following the
60issuance of a hurricane watch or warning, in order to ensure
61that protecting the lives and safety of vessel owners is placed
62before interests of protecting property.
63     (2)  Nothing in this section may be construed to restrict
64the ability of an owner of a vessel or the owner's authorized
65representative to remove a vessel voluntarily from a marina at
66any time or to restrict a marina owner from dictating the kind
67of cleats, ropes, fenders, and other measures that must be used
68on vessels as a condition of use of a marina. After a tropical
69storm or hurricane watch has been issued, a marina owner or
70operator, or an employee or agent of such owner or operator, may
71take reasonable actions to further secure any vessel within the
72marina to minimize damage to a vessel and to protect marina
73property, private property, and the environment and may charge a
74reasonable fee for such services.
75     (3)  Notwithstanding any other provisions of this section,
76in order to minimize damage to a vessel and to protect marina
77property, private property, and the environment, a marina owner
78may provide by contract that in the event a vessel owner fails
79to promptly remove a vessel from a marina after a tropical storm
80or hurricane watch has been issued, the marina owner, operator,
81employee, or agent may remove the vessel, if reasonable, from
82its slip or take whatever reasonable actions are deemed
83necessary to properly secure a vessel to minimize damage to a
84vessel and to protect marina property, private property, and the
85environment and may charge the vessel owner a reasonable fee for
86any such services rendered. In order to add such a provision to
87a contract, the marina owner must provide notice to the vessel
88owner in any such contract in a font size of at least 10 points
89and in substantially the following form:
93The undersigned hereby informs you that in the event you fail to
94remove your vessel from the marina promptly (timeframe to be
95determined between the marina owner or operator and the vessel
96owner) after the issuance of a tropical storm or hurricane watch
97for (insert geographic area), Florida, under Florida law, the
98undersigned or his or her employees or agents are authorized to
99remove your vessel, if reasonable, from its slip or take any and
100all other reasonable actions deemed appropriate by the
101undersigned or his or her employees or agents in order to better
102secure your vessel and to protect marina property, private
103property, and the environment. You are further notified that you
104may be charged a reasonable fee for any such action.
105     (4)  A marina owner, operator, employee, or agent shall not
106be held liable for any damage incurred to a vessel from storms
107or hurricanes and is held harmless as a result of such actions.
108Nothing in this section may be construed to provide immunity to
109a marina operator, employee, or agent for any damage caused by
110intentional acts or negligence when removing or securing a
111vessel as permitted under this section.
112     Section 39.  Subsection (2) of section 327.60, Florida
113Statutes, is amended to read:
114     327.60  Local regulations; limitations.--
115     (2)  Nothing contained in the provisions of this section
116shall be construed to prohibit local governmental authorities
117from the enactment or enforcement of regulations which prohibit
118or restrict the mooring or anchoring of floating structures or
119live-aboard vessels within their jurisdictions or of any vessels
120within the marked boundaries of mooring fields permitted as
121provided in s. 327.40. However, local governmental authorities
122are prohibited from regulating the anchoring outside of such
123mooring fields anchorage of non-live-aboard vessels engaged in
124the exercise of rights of navigation.
125     Section 40.  Section 328.64, Florida Statutes, is amended
126to read:
127     328.64  Change of interest and address.--
128     (1)  The owner shall furnish the Department of Highway
129Safety and Motor Vehicles notice of the transfer of all or any
130part of his or her interest in a vessel registered or titled in
131this state pursuant to this chapter or chapter 328 or of the
132destruction or abandonment of such vessel, within 30 days
133thereof, on a form prescribed by the department. Such transfer,
134destruction, or abandonment shall terminate the certificate for
135such vessel, except that in the case of a transfer of a part
136interest which does not affect the owner's right to operate such
137vessel, such transfer shall not terminate the certificate. The
138department shall provide the form for such notice and shall
139attach the form to every vessel title issued or reissued.
140     (2)  Any holder of a certificate of registration shall
141notify the Department of Highway Safety and Motor Vehicles or
142the county tax collector within 30 days, if his or her address
143no longer conforms to the address appearing on the certificate
144and shall, as a part of such notification, furnish the
145department or such county tax collector with the new address.
146The department shall may provide in its rules and regulations
147for the surrender of the certificate bearing the former address
148and its replacement with a certificate bearing the new address
149or for the alteration of an outstanding certificate to show the
150new address of the holder.
151     Section 41.  Subsection (15) of section 328.72, Florida
152Statutes, is amended to read:
153     328.72  Classification; registration; fees and charges;
154surcharge; disposition of fees; fines; marine turtle stickers.--
155     (15)  DISTRIBUTION OF FEES.--Except for the first $2, $1 of
156which shall be remitted to the state for deposit into the Save
157the Manatee Trust Fund created within the Fish and Wildlife
158Conservation Commission and $1 of which shall be remitted to the
159state for deposit into the Marine Resources Conservation Trust
160Fund to fund a grant program for public launching facilities,
161pursuant to s. 206.606 327.47, giving priority consideration to
162counties with more than 35,000 registered vessels, moneys
163designated for the use of the counties, as specified in
164subsection (1), shall be distributed by the tax collector to the
165board of county commissioners for use only as provided in this
166section. Such moneys to be returned to the counties are for the
167sole purposes of providing recreational channel marking and
168other uniform waterway markers, public boat ramps, lifts, and
169hoists, marine railways, and other public launching facilities,
170derelict vessel removal, and other boating-related activities,
171for removal of vessels and floating structures deemed a hazard
172to public safety and health for failure to comply with s.
173327.53, and for manatee and marine mammal protection and
174recovery. Counties shall that demonstrate through an annual
175detailed accounting report of vessel registration revenues that
176at least $1 of the registration fees were spent as provided in
177this subsection on boating infrastructure shall only be required
178to transfer the first $1 of the fees to the Save the Manatee
179Trust Fund. This report shall be provided to the Fish and
180Wildlife Conservation Commission no later than November 1 of
181each year. If, prior to January 1 of each calendar year, the
182annual detailed accounting report meeting the prescribed
183criteria has still not been provided to the commission, the tax
184collector of that county shall not distribute the moneys
185designated for the use of counties, as specified in subsection
186(1), to the board of county commissioners but shall, instead,
187for the next calendar year, remit such moneys to the state for
188deposit into the Marine Resources Conservation Trust Fund. The
189commission shall return those moneys to the county if the county
190fully complies with this section within that calendar year. If
191the county does not fully comply with this section within that
192calendar year, the moneys shall remain within the Marine
193Resources Trust Fund and may be appropriated for the purposes
194specified in this subsection The commission shall provide an
195exemption letter to the department by December 15 of each year
196for qualifying counties.
197     Section 42.  Paragraph (g) of subsection (4) of section
198376.11, Florida Statutes, is amended to read:
199     376.11  Florida Coastal Protection Trust Fund.--
200     (4)  Moneys in the Florida Coastal Protection Trust Fund
201shall be disbursed for the following purposes and no others:
202     (g)  The funding of a grant program to coastal local
203governments, pursuant to s. 376.15(2)(b) and (c), for the
204removal of derelict vessels from the public waters of the state.
205     Section 43.  Section 376.15, Florida Statutes, is amended
206to read:
207     376.15  Derelict vessels; removal from public waters.--
208     (1)  It is unlawful for any person, firm, or corporation to
209store, leave, or abandon any derelict vessel as defined in s.
210823.11(1) in this state or leave any vessel in a wrecked,
211junked, or substantially dismantled condition or abandoned upon
212any public waters or at any port in this state without the
213consent of the agency having jurisdiction thereof or docked at
214any private property without the consent of the owner of the
215private property.
216     (2)(a)  The Fish and Wildlife Conservation Commission and
217its officers and all law enforcement officers as specified in s.
218327.70 are is hereby designated as the agency of the state
219authorized and empowered to remove any derelict vessel as
220defined in s. 823.11(1) described in subsection (1) from public
221waters. All costs incurred by the commission or other law
222enforcement agency in the removal of any abandoned or derelict
223vessel shall be recoverable against the owner of the vessel. The
224Department of Legal Affairs shall represent the commission in
225such actions.
226     (b)  The commission may establish a program to provide
227grants to coastal local governments for the removal of derelict
228vessels from the public waters of the state. The program shall
229be funded from the Florida Coastal Protection Trust Fund.
230Notwithstanding the provisions in s. 216.181(11), funds
231available for grants may only be authorized by appropriations
232acts of the Legislature.
233     (c)  The commission shall adopt by rule procedures for
234submitting a grant application and criteria for allocating
235available funds. Such criteria shall include, but not be limited
236to, the following:
237     1.  The number of derelict vessels within the jurisdiction
238of the applicant.
239     2.  The threat posed by such vessels to public health or
240safety, the environment, navigation, or the aesthetic condition
241of the general vicinity.
242     3.  The degree of commitment of the local government to
243maintain waters free of abandoned and derelict vessels and to
244seek legal action against those who abandon vessels in the
245waters of the state.
246     (d)  This section shall constitute the authority of the
247commission for such removal, but is not intended to be in
248contravention of any applicable federal act.
249     (e)  The Department of Legal Affairs shall represent the
250Fish and Wildlife Conservation Commission in such actions.
251     Section 44.  Paragraph (s) of subsection (2) of section
252403.813, Florida Statutes, is amended to read:
253     403.813  Permits issued at district centers; exceptions.--
254     (2)  A permit is not required under this chapter, chapter
255373, chapter 61-691, Laws of Florida, or chapter 25214 or
256chapter 25270, 1949, Laws of Florida, for activities associated
257with the following types of projects; however, except as
258otherwise provided in this subsection, nothing in this
259subsection relieves an applicant from any requirement to obtain
260permission to use or occupy lands owned by the Board of Trustees
261of the Internal Improvement Trust Fund or any water management
262district in its governmental or proprietary capacity or from
263complying with applicable local pollution control programs
264authorized under this chapter or other requirements of county
265and municipal governments:
266     (s)  The construction, installation, operation, or
267maintenance of floating vessel platforms or floating boat lifts,
268provided that such structures:
269     1.  Float at all times in the water for the sole purpose of
270supporting a vessel so that the vessel is out of the water when
271not in use;
272     2.  Are wholly contained within a boat slip previously
273permitted under ss. 403.91-403.929, 1984 Supplement to the
274Florida Statutes 1983, as amended, or part IV of chapter 373, or
275do not exceed a combined total of 500 square feet, or 200 square
276feet in an Outstanding Florida Water, when associated with a
277dock that is exempt under this subsection or associated with a
278permitted dock with no defined boat slip or attached to a
279bulkhead on a parcel of land where there is no other docking
280structure, do not exceed a combined total of 500 square feet, or
281200 square feet in an Outstanding Florida Water;
282     3.  Are not used for any commercial purpose or for mooring
283vessels that remain in the water when not in use, and do not
284substantially impede the flow of water, create a navigational
285hazard, or unreasonably infringe upon the riparian rights of
286adjacent property owners, as defined in s. 253.141;
287     4.  Are constructed and used so as to minimize adverse
288impacts to submerged lands, wetlands, shellfish areas, aquatic
289plant and animal species, and other biological communities,
290including locating such structures in areas where no seagrasses
291are least dense exist if such areas are present adjacent to the
292dock or bulkhead; and
293     5.  Are not constructed in areas specifically prohibited
294for boat mooring under conditions of a permit issued in
295accordance with ss. 403.91-403.929, 1984 Supplement to the
296Florida Statutes 1983, as amended, or part IV of chapter 373, or
297other form of authorization issued by a local government.
299Structures that qualify for this exemption are relieved from any
300requirement to obtain permission to use or occupy lands owned by
301the Board of Trustees of the Internal Improvement Trust Fund
302and, with the exception of those structures attached to a
303bulkhead on a parcel of land where there is no docking
304structure, shall not be subject to any more stringent permitting
305requirements, registration requirements, or other regulation by
306any local government. Local governments may require either
307permitting or one-time registration of floating vessel platforms
308to be attached to a bulkhead on a parcel of land where there is
309no other docking structure as necessary to ensure compliance
310with local ordinances, codes, or regulations. Local governments
311may require either permitting or one-time registration of all
312other floating vessel platforms as necessary to ensure
313compliance with the exemption criteria in this section; to
314ensure compliance with local ordinances, codes, or regulations
315relating to building or zoning, which are no more stringent than
316the exemption criteria in this section or address subjects other
317than subjects addressed by the exemption criteria in this
318section; and to ensure proper installation, maintenance, and
319precautionary or evacuation action following a tropical storm or
320hurricane watch of a floating vessel platform or floating boat
321lift that is proposed to be attached to a bulkhead or parcel of
322land where there is no other docking structure. The exemption
323provided in this paragraph shall be in addition to the exemption
324provided in paragraph (b). By January 1, 2003, The department
325shall adopt a general permit by rule for the construction,
326installation, operation, or maintenance of those floating vessel
327platforms or floating boat lifts that do not qualify for the
328exemption provided in this paragraph but do not cause
329significant adverse impacts to occur individually or
330cumulatively. The issuance of such general permit shall also
331constitute permission to use or occupy lands owned by the Board
332of Trustees of the Internal Improvement Trust Fund. Upon the
333adoption of the rule creating such general permit, No local
334government shall impose a more stringent regulation, permitting
335requirement, registration requirement, or other regulation
336covered by such general permit. Local governments may require
337either permitting or one-time registration of floating vessel
338platforms as necessary to ensure compliance with the general
339permit in this section; to ensure compliance with local
340ordinances, codes, or regulations relating to building or zoning
341that are no more stringent than the general permit in this
342section; and to ensure proper installation and maintenance of a
343floating vessel platform or floating boat lift that is proposed
344to be attached to a bulkhead or parcel of land where there is no
345other docking structure on floating vessel platforms or floating
346boat lifts covered by such general permit.
347     Section 45.  Subsection (3) of section 705.101, Florida
348Statutes, is amended to read:
349     705.101  Definitions.--As used in this chapter:
350     (3)  "Abandoned property" means all tangible personal
351property that does not have an identifiable owner and that has
352been disposed on public property in a wrecked, inoperative, or
353partially dismantled condition or has no apparent intrinsic
354value to the rightful owner. The term includes derelict vessels
355as defined in s. 823.11(1) Vessels determined to be derelict by
356the Fish and Wildlife Conservation Commission or a county or
357municipality in accordance with the provisions of s. 823.11 are
358included within this definition.
359     Section 46.  Subsection (4) of section 705.103, Florida
360Statutes, is amended to read:
361     705.103  Procedure for abandoned or lost property.--
362     (4)  The owner of any abandoned or lost property who, after
363notice as provided in this section, does not remove such
364property within the specified period shall be liable to the law
365enforcement agency for all costs of removal, storage, and
366destruction of such property, less any salvage value obtained by
367disposal of the property. Upon final disposition of the
368property, the law enforcement officer shall notify the owner, if
369known, of the amount owed. In the case of an abandoned vessel
370boat or motor vehicle, any person who neglects or refuses to pay
371such amount is not entitled to be issued a certificate of
372registration for such vessel boat or motor vehicle, or any other
373vessel boat or motor vehicle, until such costs have been paid.
374The law enforcement officer shall supply the Department of
375Highway Safety and Motor Vehicles with a list of persons whose
376vessel boat registration privileges or whose motor vehicle
377privileges have been revoked under this subsection. Neither the
378department nor any other person acting as agent thereof shall
379issue a certificate of registration to a person whose vessel
380boat or motor vehicle registration privileges have been revoked,
381as provided by this subsection, until such costs have been paid.
382     Section 47.  Section 823.11, Florida Statutes, is amended
383to read:
384     823.11  Abandoned and derelict vessels; removal; penalty.--
385     (1)  "Derelict vessel" means any vessel, as defined in s.
386327.02, that is left, stored, or abandoned:
387     (a)  In a wrecked, junked, or substantially dismantled
388condition upon any public waters of this state.
389     (b)  At any port in this state without the consent of the
390agency having jurisdiction thereof.
391     (c)  Docked or grounded at or beached upon the property of
392another without the consent of the owner of the property.
393     (2)  It is unlawful for any person, firm, or corporation to
394store, leave, or abandon any derelict vessel as defined in this
395section in this state or leave any vessel as defined by maritime
396law in a wrecked, junked, or substantially dismantled condition
397or abandoned upon or in any public water or at any port in this
398state without the consent of the agency having jurisdiction
399thereof, or docked at any private property without the consent
400of the owner of such property.
401     (3)(a)(2)  The Fish and Wildlife Conservation Commission
402and its officers and all law enforcement officers as specified
403in s. 327.70 are is designated as the agency of the state
404authorized and empowered to remove or cause to be removed any
405abandoned or derelict vessel from public waters in any instance
406when the same obstructs or threatens to obstruct navigation or
407in any way constitutes a danger to the environment. Removal of
408vessels pursuant to this section may be funded by grants
409provided in ss. 206.606 and 376.15. The Fish and Wildlife
410Conservation Commission is directed to implement a plan for the
411procurement of any available federal disaster funds and to use
412such funds for the removal of derelict vessels. All costs
413incurred by the commission or other law enforcement agency in
414the removal of any abandoned or derelict vessel as set out above
415shall be recoverable against the owner thereof. The Department
416of Legal Affairs shall represent the commission in such actions.
417As provided in s. 705.103(4), any person who neglects or refuses
418to pay such amount is not entitled to be issued a certificate of
419registration for such vessel or for any other vessel or motor
420vehicle until the costs have been paid.
421     (b)  When a derelict vessel is docked or grounded at or
422beached upon private property without the consent of the owner
423of the property, the owner of the property may remove the vessel
424at the vessel owner's expense 60 days after compliance with the
425notice requirements specified in s. 328.17(5). The private
426property owner may not hinder reasonable efforts by the vessel
427owner or agent to remove the vessel. Any notice given pursuant
428to this paragraph shall be presumed delivered when it is
429deposited with the United States Postal Service, certified, and
430properly addressed with prepaid postage. Pursuant to an
431agreement with the governing body of a county or municipality,
432and upon a finding by the commission that the county or
433municipality is competent to undertake said responsibilities,
434the commission may delegate to the county or municipality its
435authority to remove or cause to be removed an abandoned or
436derelict vessel from public waters within the county or
438     (4)(3)  Any person, firm, or corporation violating this act
439commits is guilty of a misdemeanor of the first degree and shall
440be punished as provided by law. Conviction under this section
441shall not bar the assessment and collection of the civil penalty
442provided in s. 376.16 for violation of s. 376.15. The court
443having jurisdiction over the criminal offense, notwithstanding
444any jurisdictional limitations on the amount in controversy, may
445order the imposition of such civil penalty in addition to any
446sentence imposed for the first criminal offense.
449======= T I T L E  A M E N D M E N T =======
450     Between lines 76 and 77, insert:
451amending s. 206.606, F.S.; authorizing the use of certain
452funds for local boating related projects and activities;
453amending s. 327.59, F.S.; authorizing marina owners,
454operators, employees, and agents to take actions to secure
455vessels during severe weather and to charge fees and be
456held harmless for such service; holding marina operators,
457employees, and agents liable for damage caused by
458intentional acts or negligence while removing or securing
459vessels; authorizing contract provisions and providing
460contract notice requirements relating to removing or
461securing vessels; amending s. 327.60, F.S.; providing for
462local regulation of anchoring within mooring fields;
463amending s. 328.64, F.S.; requiring the Department of
464Highway Safety and Motor Vehicles to provide forms for
465certain notification related to vessels; requiring the
466department to provide by rule for the surrender and
467replacement of certificates of registration to reflect
468change of address; amending s. 328.72, F.S.; requiring
469counties to use funds for specific boating related
470purposes; requiring counties to provide reports
471demonstrating specified expenditure of such funds;
472providing penalties for failure to comply; amending s.
473376.11, F.S.; authorizing the distribution of revenues
474from the Florida Coastal Protection Trust Fund to all
475local governments for the removal of certain vessels;
476amending s. 376.15, F.S.; revising provisions relating to
477the removal of abandoned and derelict vessels; specifying
478officers authorized to remove such vessels; providing that
479certain costs are recoverable; requiring the Department of
480Legal Affairs to represent the Fish and Wildlife
481Conservation Commission in certain actions; expanding
482eligibility for disbursement of grant funds for the
483removal of certain vessels; amending s. 403.813, F.S.;
484providing exemptions from permitting, registration, and
485regulation of floating vessel platforms or floating boat
486lifts by a local government; authorizing local governments
487to require certain permits or registration for floating
488vessel platforms or floating boat lifts under certain
489circumstances; amending s. 705.101, F.S.; revising the
490definition of "abandoned property" to include certain
491vessels; amending s. 705.103, F.S.; revising the
492terminology relating to abandoned or lost property to
493conform; amending s. 823.11, F.S.; revising provisions
494relating to abandoned and derelict vessels and the removal
495of such vessels; providing a definition of "derelict
496vessel"; specifying which officers may remove such
497vessels; directing the Fish and Wildlife Conservation
498Commission to implement a plan for the procurement of
499federal disaster funds for the removal of derelict
500vessels; requiring the Department of Legal Affairs to
501represent the commission in certain actions; deleting a
502provision authorizing the commission to delegate certain
503authority to local governments under certain
504circumstances; authorizing private property owners to
505remove certain vessels with required notice; providing
506that cost of such removal is recoverable; prohibiting
507private property owners from hindering the removal of
508certain vessels by vessel owners or agents; providing for
509jurisdictional imposition of civil penalties for
510violations relating to certain vessels;

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