| 1 | Representative(s) Needelman offered the following: |
| 2 |
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| 3 | Amendment (with title amendment) |
| 4 | Between lines 2678 and 2679 insert: |
| 5 | Section 57. Paragraph (b) of subsection (1) of section |
| 6 | 206.606, 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 |
| 9 | 206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust |
| 10 | Fund. Such moneys, after deducting the service charges imposed |
| 11 | by s. 215.20, the refunds granted pursuant to s. 206.41, and the |
| 12 | administrative costs incurred by the department in collecting, |
| 13 | administering, enforcing, and distributing the tax, which |
| 14 | administrative costs may not exceed 2 percent of collections, |
| 15 | shall be distributed monthly to the State Transportation Trust |
| 16 | Fund, except that: |
| 17 | (b) $2.5 million shall be transferred to the State Game |
| 18 | Trust Fund in the Fish and Wildlife Conservation Commission in |
| 19 | each fiscal year and used for recreational boating activities, |
| 20 | and freshwater fisheries management and research. The transfers |
| 21 | must be made in equal monthly amounts beginning on July 1 of |
| 22 | each fiscal year. The commission shall annually determine where |
| 23 | unmet needs exist for boating-related activities, and may fund |
| 24 | such activities in counties where, due to the number of vessel |
| 25 | registrations, sufficient financial resources are unavailable. |
| 26 | 1. A minimum of $1.25 million shall be used to fund local |
| 27 | projects to provide recreational channel marking and other |
| 28 | uniform waterway markers, public boat ramps, lifts, and hoists, |
| 29 | marine railways, and other public launching facilities, derelict |
| 30 | vessel removal aquatic plant control, and other local boating |
| 31 | related activities. In funding the projects, the commission |
| 32 | shall give priority consideration as follows: |
| 33 | a. Unmet needs in counties with populations of 100,000 or |
| 34 | less. |
| 35 | b. Unmet needs in coastal counties with a high level of |
| 36 | boating related activities from individuals residing in other |
| 37 | counties. |
| 38 | 2. The remaining $1.25 million may be used for |
| 39 | recreational boating activities and freshwater fisheries |
| 40 | management and research. |
| 41 | 3. The commission is authorized to adopt rules pursuant to |
| 42 | ss. 120.536(1) and 120.54 to implement a Florida Boating |
| 43 | Improvement Program similar to the program administered by the |
| 44 | Department of Environmental Protection and established in rules |
| 45 | 62D-5.031 - 62D-5.036, Florida Administrative Code, to determine |
| 46 | projects eligible for funding under this subsection. |
| 47 |
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| 48 | On February 1 of each year, the commission shall file an annual |
| 49 | report with the President of the Senate and the Speaker of the |
| 50 | House of Representatives outlining the status of its Florida |
| 51 | Boating Improvement Program, including the projects funded, and |
| 52 | a list of counties whose needs are unmet due to insufficient |
| 53 | financial resources from vessel registration fees. |
| 54 | Section 58. Section 327.59, Florida Statutes, is amended |
| 55 | to read: |
| 56 | 327.59 Marina evacuations.-- |
| 57 | (1) After June 1, 1994, marinas may not adopt, maintain, |
| 58 | or enforce policies pertaining to evacuation of vessels which |
| 59 | require vessels to be removed from marinas following the |
| 60 | issuance of a hurricane watch or warning, in order to ensure |
| 61 | that protecting the lives and safety of vessel owners is placed |
| 62 | before interests of protecting property. |
| 63 | (2) Nothing in this section may be construed to restrict |
| 64 | the ability of an owner of a vessel or the owner's authorized |
| 65 | representative to remove a vessel voluntarily from a marina at |
| 66 | any time or to restrict a marina owner from dictating the kind |
| 67 | of cleats, ropes, fenders, and other measures that must be used |
| 68 | on vessels as a condition of use of a marina. After a tropical |
| 69 | storm or hurricane watch has been issued, a marina owner or |
| 70 | operator, or an employee or agent of such owner or operator, may |
| 71 | take reasonable actions to further secure any vessel within the |
| 72 | marina to minimize damage to a vessel and to protect marina |
| 73 | property, private property, and the environment and may charge a |
| 74 | reasonable fee for such services. |
| 75 | (3) Notwithstanding any other provisions of this section, |
| 76 | in order to minimize damage to a vessel and to protect marina |
| 77 | property, private property, and the environment, a marina owner |
| 78 | may provide by contract that in the event a vessel owner fails |
| 79 | to promptly remove a vessel from a marina after a tropical storm |
| 80 | or hurricane watch has been issued, the marina owner, operator, |
| 81 | employee, or agent may remove the vessel, if reasonable, from |
| 82 | its slip or take whatever reasonable actions are deemed |
| 83 | necessary to properly secure a vessel to minimize damage to a |
| 84 | vessel and to protect marina property, private property, and the |
| 85 | environment and may charge the vessel owner a reasonable fee for |
| 86 | any such services rendered. In order to add such a provision to |
| 87 | a contract, the marina owner must provide notice to the vessel |
| 88 | owner in any such contract in a font size of at least 10 points |
| 89 | and in substantially the following form: |
| 90 |
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| 91 | NOTICE TO VESSEL OWNER |
| 92 |
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| 93 | The undersigned hereby informs you that in the event you fail to |
| 94 | remove your vessel from the marina promptly (timeframe to be |
| 95 | determined between the marina owner or operator and the vessel |
| 96 | owner) after the issuance of a tropical storm or hurricane watch |
| 97 | for (insert geographic area), Florida, under Florida law, the |
| 98 | undersigned or his or her employees or agents are authorized to |
| 99 | remove your vessel, if reasonable, from its slip or take any and |
| 100 | all other reasonable actions deemed appropriate by the |
| 101 | undersigned or his or her employees or agents in order to better |
| 102 | secure your vessel and to protect marina property, private |
| 103 | property, and the environment. You are further notified that you |
| 104 | may be charged a reasonable fee for any such action. |
| 105 | (4) A marina owner, operator, employee, or agent shall not |
| 106 | be held liable for any damage incurred to a vessel from storms |
| 107 | or hurricanes and is held harmless as a result of such actions. |
| 108 | Nothing in this section may be construed to provide immunity to |
| 109 | a marina operator, employee, or agent for any damage caused by |
| 110 | intentional acts or negligence when removing or securing a |
| 111 | vessel as permitted under this section. |
| 112 | Section 59. Subsection (2) of section 327.60, Florida |
| 113 | Statutes, is amended to read: |
| 114 | 327.60 Local regulations; limitations.-- |
| 115 | (2) Nothing contained in the provisions of this section |
| 116 | shall be construed to prohibit local governmental authorities |
| 117 | from the enactment or enforcement of regulations which prohibit |
| 118 | or restrict the mooring or anchoring of floating structures or |
| 119 | live-aboard vessels within their jurisdictions or of any vessels |
| 120 | within the marked boundaries of mooring fields permitted as |
| 121 | provided in s. 327.40. However, local governmental authorities |
| 122 | are prohibited from regulating the anchoring outside of such |
| 123 | mooring fields anchorage of non-live-aboard vessels engaged in |
| 124 | the exercise of rights of navigation. |
| 125 | Section 60. Section 328.64, Florida Statutes, is amended |
| 126 | to read: |
| 127 | 328.64 Change of interest and address.-- |
| 128 | (1) The owner shall furnish the Department of Highway |
| 129 | Safety and Motor Vehicles notice of the transfer of all or any |
| 130 | part of his or her interest in a vessel registered or titled in |
| 131 | this state pursuant to this chapter or chapter 328 or of the |
| 132 | destruction or abandonment of such vessel, within 30 days |
| 133 | thereof, on a form prescribed by the department. Such transfer, |
| 134 | destruction, or abandonment shall terminate the certificate for |
| 135 | such vessel, except that in the case of a transfer of a part |
| 136 | interest which does not affect the owner's right to operate such |
| 137 | vessel, such transfer shall not terminate the certificate. The |
| 138 | department shall provide the form for such notice and shall |
| 139 | attach the form to every vessel title issued or reissued. |
| 140 | (2) Any holder of a certificate of registration shall |
| 141 | notify the Department of Highway Safety and Motor Vehicles or |
| 142 | the county tax collector within 30 days, if his or her address |
| 143 | no longer conforms to the address appearing on the certificate |
| 144 | and shall, as a part of such notification, furnish the |
| 145 | department or such county tax collector with the new address. |
| 146 | The department shall may provide in its rules and regulations |
| 147 | for the surrender of the certificate bearing the former address |
| 148 | and its replacement with a certificate bearing the new address |
| 149 | or for the alteration of an outstanding certificate to show the |
| 150 | new address of the holder. |
| 151 | Section 61. Subsection (15) of section 328.72, Florida |
| 152 | Statutes, is amended to read: |
| 153 | 328.72 Classification; registration; fees and charges; |
| 154 | surcharge; disposition of fees; fines; marine turtle stickers.-- |
| 155 | (15) DISTRIBUTION OF FEES.--Except for the first $2, $1 of |
| 156 | which shall be remitted to the state for deposit into the Save |
| 157 | the Manatee Trust Fund created within the Fish and Wildlife |
| 158 | Conservation Commission and $1 of which shall be remitted to the |
| 159 | state for deposit into the Marine Resources Conservation Trust |
| 160 | Fund to fund a grant program for public launching facilities, |
| 161 | pursuant to s. 206.606 327.47, giving priority consideration to |
| 162 | counties with more than 35,000 registered vessels, moneys |
| 163 | designated for the use of the counties, as specified in |
| 164 | subsection (1), shall be distributed by the tax collector to the |
| 165 | board of county commissioners for use only as provided in this |
| 166 | section. Such moneys to be returned to the counties are for the |
| 167 | sole purposes of providing recreational channel marking and |
| 168 | other uniform waterway markers, public boat ramps, lifts, and |
| 169 | hoists, marine railways, and other public launching facilities, |
| 170 | derelict vessel removal, and other boating-related activities, |
| 171 | for removal of vessels and floating structures deemed a hazard |
| 172 | to public safety and health for failure to comply with s. |
| 173 | 327.53, and for manatee and marine mammal protection and |
| 174 | recovery. Counties shall that demonstrate through an annual |
| 175 | detailed accounting report of vessel registration revenues that |
| 176 | at least $1 of the registration fees were spent as provided in |
| 177 | this subsection on boating infrastructure shall only be required |
| 178 | to transfer the first $1 of the fees to the Save the Manatee |
| 179 | Trust Fund. This report shall be provided to the Fish and |
| 180 | Wildlife Conservation Commission no later than November 1 of |
| 181 | each year. If, prior to January 1 of each calendar year, the |
| 182 | annual detailed accounting report meeting the prescribed |
| 183 | criteria has still not been provided to the commission, the tax |
| 184 | collector of that county shall not distribute the moneys |
| 185 | designated for the use of counties, as specified in subsection |
| 186 | (1), to the board of county commissioners but shall, instead, |
| 187 | for the next calendar year, remit such moneys to the state for |
| 188 | deposit into the Marine Resources Conservation Trust Fund. The |
| 189 | commission shall return those moneys to the county if the county |
| 190 | fully complies with this section within that calendar year. If |
| 191 | the county does not fully comply with this section within that |
| 192 | calendar year, the moneys shall remain within the Marine |
| 193 | Resources Trust Fund and may be appropriated for the purposes |
| 194 | specified in this subsection The commission shall provide an |
| 195 | exemption letter to the department by December 15 of each year |
| 196 | for qualifying counties. |
| 197 | Section 62. Paragraph (g) of subsection (4) of section |
| 198 | 376.11, Florida Statutes, is amended to read: |
| 199 | 376.11 Florida Coastal Protection Trust Fund.-- |
| 200 | (4) Moneys in the Florida Coastal Protection Trust Fund |
| 201 | shall be disbursed for the following purposes and no others: |
| 202 | (g) The funding of a grant program to coastal local |
| 203 | governments, pursuant to s. 376.15(2)(b) and (c), for the |
| 204 | removal of derelict vessels from the public waters of the state. |
| 205 | Section 63. Section 376.15, Florida Statutes, is amended |
| 206 | to read: |
| 207 | 376.15 Derelict vessels; removal from public waters.-- |
| 208 | (1) It is unlawful for any person, firm, or corporation to |
| 209 | store, leave, or abandon any derelict vessel as defined in s. |
| 210 | 823.11(1) in this state or leave any vessel in a wrecked, |
| 211 | junked, or substantially dismantled condition or abandoned upon |
| 212 | any public waters or at any port in this state without the |
| 213 | consent of the agency having jurisdiction thereof or docked at |
| 214 | any private property without the consent of the owner of the |
| 215 | private property. |
| 216 | (2)(a) The Fish and Wildlife Conservation Commission and |
| 217 | its officers and all law enforcement officers as specified in s. |
| 218 | 327.70 are is hereby designated as the agency of the state |
| 219 | authorized and empowered to remove any derelict vessel as |
| 220 | defined in s. 823.11(1) described in subsection (1) from public |
| 221 | waters. All costs incurred by the commission or other law |
| 222 | enforcement agency in the removal of any abandoned or derelict |
| 223 | vessel shall be recoverable against the owner of the vessel. The |
| 224 | Department of Legal Affairs shall represent the commission in |
| 225 | such actions. |
| 226 | (b) The commission may establish a program to provide |
| 227 | grants to coastal local governments for the removal of derelict |
| 228 | vessels from the public waters of the state. The program shall |
| 229 | be funded from the Florida Coastal Protection Trust Fund. |
| 230 | Notwithstanding the provisions in s. 216.181(11), funds |
| 231 | available for grants may only be authorized by appropriations |
| 232 | acts of the Legislature. |
| 233 | (c) The commission shall adopt by rule procedures for |
| 234 | submitting a grant application and criteria for allocating |
| 235 | available funds. Such criteria shall include, but not be limited |
| 236 | to, the following: |
| 237 | 1. The number of derelict vessels within the jurisdiction |
| 238 | of the applicant. |
| 239 | 2. The threat posed by such vessels to public health or |
| 240 | safety, the environment, navigation, or the aesthetic condition |
| 241 | of the general vicinity. |
| 242 | 3. The degree of commitment of the local government to |
| 243 | maintain waters free of abandoned and derelict vessels and to |
| 244 | seek legal action against those who abandon vessels in the |
| 245 | waters of the state. |
| 246 | (d) This section shall constitute the authority of the |
| 247 | commission for such removal, but is not intended to be in |
| 248 | contravention of any applicable federal act. |
| 249 | (e) The Department of Legal Affairs shall represent the |
| 250 | Fish and Wildlife Conservation Commission in such actions. |
| 251 | Section 64. Paragraph (s) of subsection (2) of section |
| 252 | 403.813, 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 |
| 255 | 373, chapter 61-691, Laws of Florida, or chapter 25214 or |
| 256 | chapter 25270, 1949, Laws of Florida, for activities associated |
| 257 | with the following types of projects; however, except as |
| 258 | otherwise provided in this subsection, nothing in this |
| 259 | subsection relieves an applicant from any requirement to obtain |
| 260 | permission to use or occupy lands owned by the Board of Trustees |
| 261 | of the Internal Improvement Trust Fund or any water management |
| 262 | district in its governmental or proprietary capacity or from |
| 263 | complying with applicable local pollution control programs |
| 264 | authorized under this chapter or other requirements of county |
| 265 | and municipal governments: |
| 266 | (s) The construction, installation, operation, or |
| 267 | maintenance of floating vessel platforms or floating boat lifts, |
| 268 | provided that such structures: |
| 269 | 1. Float at all times in the water for the sole purpose of |
| 270 | supporting a vessel so that the vessel is out of the water when |
| 271 | not in use; |
| 272 | 2. Are wholly contained within a boat slip previously |
| 273 | permitted under ss. 403.91-403.929, 1984 Supplement to the |
| 274 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
| 275 | do not exceed a combined total of 500 square feet, or 200 square |
| 276 | feet in an Outstanding Florida Water, when associated with a |
| 277 | dock that is exempt under this subsection or associated with a |
| 278 | permitted dock with no defined boat slip or attached to a |
| 279 | bulkhead on a parcel of land where there is no other docking |
| 280 | structure, do not exceed a combined total of 500 square feet, or |
| 281 | 200 square feet in an Outstanding Florida Water; |
| 282 | 3. Are not used for any commercial purpose or for mooring |
| 283 | vessels that remain in the water when not in use, and do not |
| 284 | substantially impede the flow of water, create a navigational |
| 285 | hazard, or unreasonably infringe upon the riparian rights of |
| 286 | adjacent property owners, as defined in s. 253.141; |
| 287 | 4. Are constructed and used so as to minimize adverse |
| 288 | impacts to submerged lands, wetlands, shellfish areas, aquatic |
| 289 | plant and animal species, and other biological communities, |
| 290 | including locating such structures in areas where no seagrasses |
| 291 | are least dense exist if such areas are present adjacent to the |
| 292 | dock or bulkhead; and |
| 293 | 5. Are not constructed in areas specifically prohibited |
| 294 | for boat mooring under conditions of a permit issued in |
| 295 | accordance with ss. 403.91-403.929, 1984 Supplement to the |
| 296 | Florida Statutes 1983, as amended, or part IV of chapter 373, or |
| 297 | other form of authorization issued by a local government. |
| 298 |
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| 299 | Structures that qualify for this exemption are relieved from any |
| 300 | requirement to obtain permission to use or occupy lands owned by |
| 301 | the Board of Trustees of the Internal Improvement Trust Fund |
| 302 | and, with the exception of those structures attached to a |
| 303 | bulkhead on a parcel of land where there is no docking |
| 304 | structure, shall not be subject to any more stringent permitting |
| 305 | requirements, registration requirements, or other regulation by |
| 306 | any local government. Local governments may require either |
| 307 | permitting or one-time registration of floating vessel platforms |
| 308 | to be attached to a bulkhead on a parcel of land where there is |
| 309 | no other docking structure as necessary to ensure compliance |
| 310 | with local ordinances, codes, or regulations. Local governments |
| 311 | may require either permitting or one-time registration of all |
| 312 | other floating vessel platforms as necessary to ensure |
| 313 | compliance with the exemption criteria in this section; to |
| 314 | ensure compliance with local ordinances, codes, or regulations |
| 315 | relating to building or zoning, which are no more stringent than |
| 316 | the exemption criteria in this section or address subjects other |
| 317 | than subjects addressed by the exemption criteria in this |
| 318 | section; and to ensure proper installation, maintenance, and |
| 319 | precautionary or evacuation action following a tropical storm or |
| 320 | hurricane watch of a floating vessel platform or floating boat |
| 321 | lift that is proposed to be attached to a bulkhead or parcel of |
| 322 | land where there is no other docking structure. The exemption |
| 323 | provided in this paragraph shall be in addition to the exemption |
| 324 | provided in paragraph (b). By January 1, 2003, The department |
| 325 | shall adopt a general permit by rule for the construction, |
| 326 | installation, operation, or maintenance of those floating vessel |
| 327 | platforms or floating boat lifts that do not qualify for the |
| 328 | exemption provided in this paragraph but do not cause |
| 329 | significant adverse impacts to occur individually or |
| 330 | cumulatively. The issuance of such general permit shall also |
| 331 | constitute permission to use or occupy lands owned by the Board |
| 332 | of Trustees of the Internal Improvement Trust Fund. Upon the |
| 333 | adoption of the rule creating such general permit, No local |
| 334 | government shall impose a more stringent regulation, permitting |
| 335 | requirement, registration requirement, or other regulation |
| 336 | covered by such general permit. Local governments may require |
| 337 | either permitting or one-time registration of floating vessel |
| 338 | platforms as necessary to ensure compliance with the general |
| 339 | permit in this section; to ensure compliance with local |
| 340 | ordinances, codes, or regulations relating to building or zoning |
| 341 | that are no more stringent than the general permit in this |
| 342 | section; and to ensure proper installation and maintenance of a |
| 343 | floating vessel platform or floating boat lift that is proposed |
| 344 | to be attached to a bulkhead or parcel of land where there is no |
| 345 | other docking structure on floating vessel platforms or floating |
| 346 | boat lifts covered by such general permit. |
| 347 | Section 65. Subsection (3) of section 705.101, Florida |
| 348 | Statutes, is amended to read: |
| 349 | 705.101 Definitions.--As used in this chapter: |
| 350 | (3) "Abandoned property" means all tangible personal |
| 351 | property that does not have an identifiable owner and that has |
| 352 | been disposed on public property in a wrecked, inoperative, or |
| 353 | partially dismantled condition or has no apparent intrinsic |
| 354 | value to the rightful owner. The term includes derelict vessels |
| 355 | as defined in s. 823.11(1) Vessels determined to be derelict by |
| 356 | the Fish and Wildlife Conservation Commission or a county or |
| 357 | municipality in accordance with the provisions of s. 823.11 are |
| 358 | included within this definition. |
| 359 | Section 66. Subsection (4) of section 705.103, Florida |
| 360 | Statutes, 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 |
| 363 | notice as provided in this section, does not remove such |
| 364 | property within the specified period shall be liable to the law |
| 365 | enforcement agency for all costs of removal, storage, and |
| 366 | destruction of such property, less any salvage value obtained by |
| 367 | disposal of the property. Upon final disposition of the |
| 368 | property, the law enforcement officer shall notify the owner, if |
| 369 | known, of the amount owed. In the case of an abandoned vessel |
| 370 | boat or motor vehicle, any person who neglects or refuses to pay |
| 371 | such amount is not entitled to be issued a certificate of |
| 372 | registration for such vessel boat or motor vehicle, or any other |
| 373 | vessel boat or motor vehicle, until such costs have been paid. |
| 374 | The law enforcement officer shall supply the Department of |
| 375 | Highway Safety and Motor Vehicles with a list of persons whose |
| 376 | vessel boat registration privileges or whose motor vehicle |
| 377 | privileges have been revoked under this subsection. Neither the |
| 378 | department nor any other person acting as agent thereof shall |
| 379 | issue a certificate of registration to a person whose vessel |
| 380 | boat or motor vehicle registration privileges have been revoked, |
| 381 | as provided by this subsection, until such costs have been paid. |
| 382 | Section 67. Section 823.11, Florida Statutes, is amended |
| 383 | to read: |
| 384 | 823.11 Abandoned and derelict vessels; removal; penalty.-- |
| 385 | (1) "Derelict vessel" means any vessel, as defined in s. |
| 386 | 327.02, that is left, stored, or abandoned: |
| 387 | (a) In a wrecked, junked, or substantially dismantled |
| 388 | condition upon any public waters of this state. |
| 389 | (b) At any port in this state without the consent of the |
| 390 | agency having jurisdiction thereof. |
| 391 | (c) Docked or grounded at or beached upon the property of |
| 392 | another without the consent of the owner of the property. |
| 393 | (2) It is unlawful for any person, firm, or corporation to |
| 394 | store, leave, or abandon any derelict vessel as defined in this |
| 395 | section in this state or leave any vessel as defined by maritime |
| 396 | law in a wrecked, junked, or substantially dismantled condition |
| 397 | or abandoned upon or in any public water or at any port in this |
| 398 | state without the consent of the agency having jurisdiction |
| 399 | thereof, or docked at any private property without the consent |
| 400 | of the owner of such property. |
| 401 | (3)(a)(2) The Fish and Wildlife Conservation Commission |
| 402 | and its officers and all law enforcement officers as specified |
| 403 | in s. 327.70 are is designated as the agency of the state |
| 404 | authorized and empowered to remove or cause to be removed any |
| 405 | abandoned or derelict vessel from public waters in any instance |
| 406 | when the same obstructs or threatens to obstruct navigation or |
| 407 | in any way constitutes a danger to the environment. Removal of |
| 408 | vessels pursuant to this section may be funded by grants |
| 409 | provided in ss. 206.606 and 376.15. The Fish and Wildlife |
| 410 | Conservation Commission is directed to implement a plan for the |
| 411 | procurement of any available federal disaster funds and to use |
| 412 | such funds for the removal of derelict vessels. All costs |
| 413 | incurred by the commission or other law enforcement agency in |
| 414 | the removal of any abandoned or derelict vessel as set out above |
| 415 | shall be recoverable against the owner thereof. The Department |
| 416 | of Legal Affairs shall represent the commission in such actions. |
| 417 | As provided in s. 705.103(4), any person who neglects or refuses |
| 418 | to pay such amount is not entitled to be issued a certificate of |
| 419 | registration for such vessel or for any other vessel or motor |
| 420 | vehicle until the costs have been paid. |
| 421 | (b) When a derelict vessel is docked or grounded at or |
| 422 | beached upon private property without the consent of the owner |
| 423 | of the property, the owner of the property may remove the vessel |
| 424 | at the vessel owner's expense 60 days after compliance with the |
| 425 | notice requirements specified in s. 328.17(5). The private |
| 426 | property owner may not hinder reasonable efforts by the vessel |
| 427 | owner or agent to remove the vessel. Any notice given pursuant |
| 428 | to this paragraph shall be presumed delivered when it is |
| 429 | deposited with the United States Postal Service, certified, and |
| 430 | properly addressed with prepaid postage. Pursuant to an |
| 431 | agreement with the governing body of a county or municipality, |
| 432 | and upon a finding by the commission that the county or |
| 433 | municipality is competent to undertake said responsibilities, |
| 434 | the commission may delegate to the county or municipality its |
| 435 | authority to remove or cause to be removed an abandoned or |
| 436 | derelict vessel from public waters within the county or |
| 437 | municipality. |
| 438 | (4)(3) Any person, firm, or corporation violating this act |
| 439 | commits is guilty of a misdemeanor of the first degree and shall |
| 440 | be punished as provided by law. Conviction under this section |
| 441 | shall not bar the assessment and collection of the civil penalty |
| 442 | provided in s. 376.16 for violation of s. 376.15. The court |
| 443 | having jurisdiction over the criminal offense, notwithstanding |
| 444 | any jurisdictional limitations on the amount in controversy, may |
| 445 | order the imposition of such civil penalty in addition to any |
| 446 | sentence imposed for the first criminal offense. |
| 447 |
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| 448 |
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| 449 | ======= T I T L E A M E N D M E N T ======= |
| 450 | Remove line 242 and insert: |
| 451 | amending s. 206.606, F.S.; authorizing the use of certain |
| 452 | funds for local boating related projects and activities; |
| 453 | amending s. 327.59, F.S.; authorizing marina owners, |
| 454 | operators, employees, and agents to take actions to secure |
| 455 | vessels during severe weather and to charge fees and be |
| 456 | held harmless for such service; holding marina operators, |
| 457 | employees, and agents liable for damage caused by |
| 458 | intentional acts or negligence while removing or securing |
| 459 | vessels; authorizing contract provisions and providing |
| 460 | contract notice requirements relating to removing or |
| 461 | securing vessels; amending s. 327.60, F.S.; providing for |
| 462 | local regulation of anchoring within mooring fields; |
| 463 | amending s. 328.64, F.S.; requiring the Department of |
| 464 | Highway Safety and Motor Vehicles to provide forms for |
| 465 | certain notification related to vessels; requiring the |
| 466 | department to provide by rule for the surrender and |
| 467 | replacement of certificates of registration to reflect |
| 468 | change of address; amending s. 328.72, F.S.; requiring |
| 469 | counties to use funds for specific boating related |
| 470 | purposes; requiring counties to provide reports |
| 471 | demonstrating specified expenditure of such funds; |
| 472 | providing penalties for failure to comply; amending s. |
| 473 | 376.11, F.S.; authorizing the distribution of revenues |
| 474 | from the Florida Coastal Protection Trust Fund to all |
| 475 | local governments for the removal of certain vessels; |
| 476 | amending s. 376.15, F.S.; revising provisions relating to |
| 477 | the removal of abandoned and derelict vessels; specifying |
| 478 | officers authorized to remove such vessels; providing that |
| 479 | certain costs are recoverable; requiring the Department of |
| 480 | Legal Affairs to represent the Fish and Wildlife |
| 481 | Conservation Commission in certain actions; expanding |
| 482 | eligibility for disbursement of grant funds for the |
| 483 | removal of certain vessels; amending s. 403.813, F.S.; |
| 484 | providing exemptions from permitting, registration, and |
| 485 | regulation of floating vessel platforms or floating boat |
| 486 | lifts by a local government; authorizing local governments |
| 487 | to require certain permits or registration for floating |
| 488 | vessel platforms or floating boat lifts under certain |
| 489 | circumstances; amending s. 705.101, F.S.; revising the |
| 490 | definition of "abandoned property" to include certain |
| 491 | vessels; amending s. 705.103, F.S.; revising the |
| 492 | terminology relating to abandoned or lost property to |
| 493 | conform; amending s. 823.11, F.S.; revising provisions |
| 494 | relating to abandoned and derelict vessels and the removal |
| 495 | of such vessels; providing a definition of "derelict |
| 496 | vessel"; specifying which officers may remove such |
| 497 | vessels; directing the Fish and Wildlife Conservation |
| 498 | Commission to implement a plan for the procurement of |
| 499 | federal disaster funds for the removal of derelict |
| 500 | vessels; requiring the Department of Legal Affairs to |
| 501 | represent the commission in certain actions; deleting a |
| 502 | provision authorizing the commission to delegate certain |
| 503 | authority to local governments under certain |
| 504 | circumstances; authorizing private property owners to |
| 505 | remove certain vessels with required notice; providing |
| 506 | that cost of such removal is recoverable; prohibiting |
| 507 | private property owners from hindering the removal of |
| 508 | certain vessels by vessel owners or agents; providing for |
| 509 | jurisdictional imposition of civil penalties for |
| 510 | violations relating to certain vessels; providing an |
| 511 | effective dates. |