HB 7175

1
A bill to be entitled
2An act relating to vessels; amending s. 206.606, F.S.;
3authorizing the use of certain funds for local boating
4related projects and activities; amending s. 327.59, F.S.;
5authorizing marina owners, operators, employees, and
6agents to take actions to secure vessels during severe
7weather and to charge fees and be held harmless for such
8service; holding marina operators, employees, and agents
9liable for damage caused by intentional acts or negligence
10while removing or securing vessels; authorizing contract
11provisions and notice relating to removing or securing
12vessels; amending s. 327.60, F.S.; providing for local
13regulation of anchoring within mooring fields; amending s.
14328.64, F.S.; requiring the Department of Highway Safety
15and Motor Vehicles to provide forms for certain
16notification related to vessels; requiring the department
17to provide by rule for the surrender and replacement of
18certificates of registration to reflect change of address;
19amending s. 328.72, F.S.; requiring counties to use funds
20for specific boating related purposes; requiring counties
21to provide reports demonstrating specified expenditure of
22such funds; providing penalties for failure to comply;
23amending s. 376.11, F.S.; authorizing the distribution of
24revenues from the Florida Coastal Protection Trust Fund to
25all local governments for the removal of certain vessels;
26amending s. 376.15, F.S.; revising provisions relating to
27the removal of abandoned and derelict vessels; specifying
28officers authorized to remove such vessels; providing that
29certain costs are recoverable; requiring the Department of
30Legal Affairs to represent the Fish and Wildlife
31Conservation Commission in certain actions; expanding
32eligibility for disbursement of grant funds for the
33removal of certain vessels; amending s. 403.813, F.S.;
34providing exemptions from permitting, registration, and
35regulation of floating vessel platforms or floating boat
36lifts by a local government; amending s. 705.101, F.S.;
37revising the definition of "abandoned property" to include
38certain vessels; amending s. 705.103, F.S.; revising the
39terminology relating to abandoned or lost property to
40conform; amending s. 823.11, F.S.; revising provisions
41relating to abandoned and derelict vessels and the removal
42of such vessels; providing a definition of "derelict
43vessel"; specifying which officers may remove such
44vessels; directing the Fish and Wildlife Conservation
45Commission to implement a plan for the procurement of
46federal disaster funds for the removal of derelict
47vessels; requiring the Department of Legal Affairs to
48represent the commission in certain actions; deleting a
49provision authorizing the commission to delegate certain
50authority to local governments under certain
51circumstances; authorizing private property owners to
52remove certain vessels with required notice; providing
53that cost of such removal is recoverable; prohibiting
54private property owners from hindering the removal of
55certain vessels by vessel owners or agents; providing for
56jurisdictional imposition of civil penalties for
57violations relating to certain vessels; providing an
58effective date.
59
60Be It Enacted by the Legislature of the State of Florida:
61
62     Section 1.  Paragraph (b) of subsection (1) of section
63206.606, Florida Statutes, is amended to read:
64     206.606  Distribution of certain proceeds.--
65     (1)  Moneys collected pursuant to ss. 206.41(1)(g) and
66206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
67Fund. Such moneys, after deducting the service charges imposed
68by s. 215.20, the refunds granted pursuant to s. 206.41, and the
69administrative costs incurred by the department in collecting,
70administering, enforcing, and distributing the tax, which
71administrative costs may not exceed 2 percent of collections,
72shall be distributed monthly to the State Transportation Trust
73Fund, except that:
74     (b)  $2.5 million shall be transferred to the State Game
75Trust Fund in the Fish and Wildlife Conservation Commission in
76each fiscal year and used for recreational boating activities,
77and freshwater fisheries management and research. The transfers
78must be made in equal monthly amounts beginning on July 1 of
79each fiscal year. The commission shall annually determine where
80unmet needs exist for boating-related activities, and may fund
81such activities in counties where, due to the number of vessel
82registrations, sufficient financial resources are unavailable.
83     1.  A minimum of $1.25 million shall be used to fund local
84projects to provide recreational channel marking and other
85uniform waterway markers, public boat ramps, lifts, and hoists,
86marine railways, and other, public launching facilities,
87derelict vessel removal aquatic plant control, and other local
88boating related activities. In funding the projects, the
89commission shall give priority consideration as follows:
90     a.  Unmet needs in counties with populations of 100,000 or
91less.
92     b.  Unmet needs in coastal counties with a high level of
93boating related activities from individuals residing in other
94counties.
95     2.  The remaining $1.25 million may be used for
96recreational boating activities and freshwater fisheries
97management and research.
98     3.  The commission is authorized to adopt rules pursuant to
99ss. 120.536(1) and 120.54 to implement a Florida Boating
100Improvement Program similar to the program administered by the
101Department of Environmental Protection and established in rules
10262D-5.031 - 62D-5.036, Florida Administrative Code, to determine
103projects eligible for funding under this subsection.
104
105On February 1 of each year, the commission shall file an annual
106report with the President of the Senate and the Speaker of the
107House of Representatives outlining the status of its Florida
108Boating Improvement Program, including the projects funded, and
109a list of counties whose needs are unmet due to insufficient
110financial resources from vessel registration fees.
111     Section 2.  Section 327.59, Florida Statutes, is amended to
112read:
113     327.59  Marina evacuations.--
114     (1)  After June 1, 1994, marinas may not adopt, maintain,
115or enforce policies pertaining to evacuation of vessels which
116require vessels to be removed from marinas following the
117issuance of a hurricane watch or warning, in order to ensure
118that protecting the lives and safety of vessel owners is placed
119before interests of protecting property.
120     (2)  Nothing in this section may be construed to restrict
121the ability of an owner of a vessel or the owner's authorized
122representative to remove a vessel voluntarily from a marina at
123any time or to restrict a marina owner from dictating the kind
124of cleats, ropes, fenders, and other measures that must be used
125on vessels as a condition of use of a marina. After a tropical
126storm or hurricane watch has been issued, a marina owner or
127operator, or an employee or agent of such owner or operator, may
128take reasonable actions to further secure any vessel within the
129marina to minimize damage to a vessel and to protect marina
130property, private property, and the environment and may charge a
131reasonable fee for such services.
132     (3)  Notwithstanding any other provisions of this section,
133in order to minimize damage to a vessel and to protect marina
134property, private property, and the environment, a marina owner
135may provide by contract that in the event a vessel owner fails
136to promptly remove a vessel from a marina after a tropical storm
137or hurricane watch has been issued, the marina owner, operator,
138employee, or agent may remove the vessel, if reasonable, from
139its slip or take whatever reasonable actions are deemed
140necessary to properly secure a vessel to minimize damage to a
141vessel and to protect marina property, private property, and the
142environment and may charge the vessel owner a reasonable fee for
143any such services rendered. In order to add such a provision to
144a contract, the marina owner must provide notice to the vessel
145owner in any such contract in a font size of at least 10 points
146and in substantially the following form:
147
148
NOTICE TO VESSEL OWNER
149
150The undersigned hereby informs you that in the event you fail to
151remove your vessel from the marina promptly (timeframe to be
152determined between the marina owner or operator and the vessel
153owner) after the issuance of a tropical storm or hurricane watch
154for (insert geographic area), Florida, under Florida law, the
155undersigned or his or her employees or agents are authorized to
156remove your vessel, if feasible, from its slip or take any and
157all other reasonable actions deemed appropriate by the
158undersigned or his or her employees or agents in order to better
159secure your vessel and to protect marina property, private
160property, and the environment. You are further notified that you
161may be charged a reasonable fee for any such action.
162     (4)  A marina owner, operator, employee, or agent shall not
163be held liable for any damage incurred to a vessel from storms
164or hurricanes and is held harmless as a result of such actions.
165Nothing in this section may be construed to provide immunity to
166a marina operator, employee, or agent for any damage caused by
167intentional acts or negligence when removing or securing a
168vessel as permitted under this section.
169     Section 3.  Subsection (2) of section 327.60, Florida
170Statutes, is amended to read:
171     327.60  Local regulations; limitations.--
172     (2)  Nothing contained in the provisions of this section
173shall be construed to prohibit local governmental authorities
174from the enactment or enforcement of regulations which prohibit
175or restrict the mooring or anchoring of floating structures or
176live-aboard vessels within their jurisdictions or of any vessels
177within the marked boundaries of mooring fields permitted as
178provided in s. 327.40. However, local governmental authorities
179are prohibited from regulating the anchoring outside of such
180mooring fields anchorage of non-live-aboard vessels engaged in
181the exercise of rights of navigation.
182     Section 4.  Section 328.64, Florida Statutes, is amended to
183read:
184     328.64  Change of interest and address.--
185     (1)  The owner shall furnish the Department of Highway
186Safety and Motor Vehicles notice of the transfer of all or any
187part of his or her interest in a vessel registered or titled in
188this state pursuant to this chapter or chapter 328 or of the
189destruction or abandonment of such vessel, within 30 days
190thereof, on a form prescribed by the department. Such transfer,
191destruction, or abandonment shall terminate the certificate for
192such vessel, except that in the case of a transfer of a part
193interest which does not affect the owner's right to operate such
194vessel, such transfer shall not terminate the certificate. The
195department shall provide the form for such notice and shall
196attach the form to every vessel title issued or reissued.
197     (2)  Any holder of a certificate of registration shall
198notify the Department of Highway Safety and Motor Vehicles or
199the county tax collector within 30 days, if his or her address
200no longer conforms to the address appearing on the certificate
201and shall, as a part of such notification, furnish the
202department or such county tax collector with the new address.
203The department shall may provide in its rules and regulations
204for the surrender of the certificate bearing the former address
205and its replacement with a certificate bearing the new address
206or for the alteration of an outstanding certificate to show the
207new address of the holder.
208     Section 5.  Subsection (15) of section 328.72, Florida
209Statutes, is amended to read:
210     328.72  Classification; registration; fees and charges;
211surcharge; disposition of fees; fines; marine turtle stickers.--
212     (15)  DISTRIBUTION OF FEES.--Except for the first $2, $1 of
213which shall be remitted to the state for deposit into the Save
214the Manatee Trust Fund created within the Fish and Wildlife
215Conservation Commission and $1 of which shall be remitted to the
216state for deposit into the Marine Resources Conservation Trust
217Fund to fund a grant program for public launching facilities,
218pursuant to s. 327.47, giving priority consideration to counties
219with more than 35,000 registered vessels, moneys designated for
220the use of the counties, as specified in subsection (1), shall
221be distributed by the tax collector to the board of county
222commissioners for use only as provided in this section. Such
223moneys to be returned to the counties are for the sole purposes
224of providing recreational channel marking and other uniform
225waterway markers, public boat ramps, lifts, and hoists, marine
226railways, and other public launching facilities, derelict vessel
227removal, and other boating-related activities, for removal of
228vessels and floating structures deemed a hazard to public safety
229and health for failure to comply with s. 327.53, and for manatee
230and marine mammal protection and recovery. Counties shall that
231demonstrate through an annual detailed accounting report of
232vessel registration revenues that at least $1 of the
233registration fees were spent as provided in this subsection on
234boating infrastructure shall only be required to transfer the
235first $1 of the fees to the Save the Manatee Trust Fund. This
236report shall be provided to the Fish and Wildlife Conservation
237Commission no later than November 1 of each year. If, prior to
238January 1 of each calendar year, the annual detailed accounting
239report meeting the prescribed criteria has still not been
240provided to the commission, the tax collector of that county
241shall not distribute the moneys designated for the use of
242counties, as specified in subsection (1), to the board of county
243commissioners but shall, instead, for the next calendar year,
244remit such moneys to the state for deposit into the Marine
245Resources Conservation Trust Fund. The commission shall return
246those moneys to the county if the county fully complies with
247this section within that calendar year. If the county does not
248fully comply with this section within that calendar year, the
249moneys shall remain within the Marine Resources Trust Fund and
250may be appropriated for the purposes specified in this
251subsection The commission shall provide an exemption letter to
252the department by December 15 of each year for qualifying
253counties.
254     Section 6.  Paragraph (g) of subsection (4) of section
255376.11, Florida Statutes, is amended to read:
256     376.11  Florida Coastal Protection Trust Fund.--
257     (4)  Moneys in the Florida Coastal Protection Trust Fund
258shall be disbursed for the following purposes and no others:
259     (g)  The funding of a grant program to coastal local
260governments, pursuant to s. 376.15(2)(b) and (c), for the
261removal of derelict vessels from the public waters of the state.
262     Section 7.  Section 376.15, Florida Statutes, is amended to
263read:
264     376.15  Derelict vessels; removal from public waters.--
265     (1)  It is unlawful for any person, firm, or corporation to
266store, leave, or abandon any derelict vessel as defined in s.
267823.11(1) in this state or leave any vessel in a wrecked,
268junked, or substantially dismantled condition or abandoned upon
269any public waters or at any port in this state without the
270consent of the agency having jurisdiction thereof or docked at
271any private property without the consent of the owner of the
272private property.
273     (2)(a)  The Fish and Wildlife Conservation Commission and
274its officers and all law enforcement officers as specified in s.
275327.70 are is hereby designated as the agency of the state
276authorized and empowered to remove any derelict vessel as
277defined in s. 823.11(1) described in subsection (1) from public
278waters. All costs incurred by the commission or other law
279enforcement agency in the removal of any abandoned or derelict
280vessel shall be recoverable against the owner of the vessel. The
281Department of Legal Affairs shall represent the commission in
282such actions.
283     (b)  The commission may establish a program to provide
284grants to coastal local governments for the removal of derelict
285vessels from the public waters of the state. The program shall
286be funded from the Florida Coastal Protection Trust Fund.
287Notwithstanding the provisions in s. 216.181(11), funds
288available for grants may only be authorized by appropriations
289acts of the Legislature.
290     (c)  The commission shall adopt by rule procedures for
291submitting a grant application and criteria for allocating
292available funds. Such criteria shall include, but not be limited
293to, the following:
294     1.  The number of derelict vessels within the jurisdiction
295of the applicant.
296     2.  The threat posed by such vessels to public health or
297safety, the environment, navigation, or the aesthetic condition
298of the general vicinity.
299     3.  The degree of commitment of the local government to
300maintain waters free of abandoned and derelict vessels and to
301seek legal action against those who abandon vessels in the
302waters of the state.
303     (d)  This section shall constitute the authority of the
304commission for such removal, but is not intended to be in
305contravention of any applicable federal act.
306     (e)  The Department of Legal Affairs shall represent the
307Fish and Wildlife Conservation Commission in such actions.
308     Section 8.  Paragraph (s) of subsection (2) of section
309403.813, Florida Statutes, is amended to read:
310     403.813  Permits issued at district centers; exceptions.--
311     (2)  A permit is not required under this chapter, chapter
312373, chapter 61-691, Laws of Florida, or chapter 25214 or
313chapter 25270, 1949, Laws of Florida, for activities associated
314with the following types of projects; however, except as
315otherwise provided in this subsection, nothing in this
316subsection relieves an applicant from any requirement to obtain
317permission to use or occupy lands owned by the Board of Trustees
318of the Internal Improvement Trust Fund or any water management
319district in its governmental or proprietary capacity or from
320complying with applicable local pollution control programs
321authorized under this chapter or other requirements of county
322and municipal governments:
323     (s)  The construction, installation, operation, or
324maintenance of floating vessel platforms or floating boat lifts,
325provided that such structures:
326     1.  Float at all times in the water for the sole purpose of
327supporting a vessel so that the vessel is out of the water when
328not in use;
329     2.  Are wholly contained within a boat slip previously
330permitted under ss. 403.91-403.929, 1984 Supplement to the
331Florida Statutes 1983, as amended, or part IV of chapter 373, or
332do not exceed a combined total of 500 square feet, or 200 square
333feet in an Outstanding Florida Water, when associated with a
334dock that is exempt under this subsection or associated with a
335permitted dock with no defined boat slip or attached to a
336bulkhead on a parcel of land where there is no other docking
337structure, do not exceed a combined total of 500 square feet, or
338200 square feet in an Outstanding Florida Water;
339     3.  Are not used for any commercial purpose or for mooring
340vessels that remain in the water when not in use, and do not
341substantially impede the flow of water, create a navigational
342hazard, or unreasonably infringe upon the riparian rights of
343adjacent property owners, as defined in s. 253.141;
344     4.  Are constructed and used so as to minimize adverse
345impacts to submerged lands, wetlands, shellfish areas, aquatic
346plant and animal species, and other biological communities,
347including locating such structures in areas where no seagrasses
348are least dense exist if such areas are present adjacent to the
349dock or bulkhead; and
350     5.  Are not constructed in areas specifically prohibited
351for boat mooring under conditions of a permit issued in
352accordance with ss. 403.91-403.929, 1984 Supplement to the
353Florida Statutes 1983, as amended, or part IV of chapter 373, or
354other form of authorization issued by a local government.
355
356Structures that qualify for this exemption are relieved from any
357requirement to obtain permission to use or occupy lands owned by
358the Board of Trustees of the Internal Improvement Trust Fund and
359shall not be subject to any permitting requirements,
360registration requirements, or other more stringent regulation by
361any local government. The exemption provided in this paragraph
362shall be in addition to the exemption provided in paragraph (b).
363By January 1, 2003, The department shall adopt a general permit
364by rule for the construction, installation, operation, or
365maintenance of those floating vessel platforms or floating boat
366lifts that do not qualify for the exemption provided in this
367paragraph but do not cause significant adverse impacts to occur
368individually or cumulatively. The issuance of such general
369permit shall also constitute permission to use or occupy lands
370owned by the Board of Trustees of the Internal Improvement Trust
371Fund. Upon the adoption of the rule creating such general
372permit, No local government shall impose a more stringent
373regulation, permitting requirement, or registration requirement
374on floating vessel platforms or floating boat lifts covered by
375such general permit.
376     Section 9.  Subsection (3) of section 705.101, Florida
377Statutes, is amended to read:
378     705.101  Definitions.--As used in this chapter:
379     (3)  "Abandoned property" means all tangible personal
380property that does not have an identifiable owner and that has
381been disposed on public property in a wrecked, inoperative, or
382partially dismantled condition or has no apparent intrinsic
383value to the rightful owner. The term includes derelict vessels
384as defined in s. 823.11(1) Vessels determined to be derelict by
385the Fish and Wildlife Conservation Commission or a county or
386municipality in accordance with the provisions of s. 823.11 are
387included within this definition.
388     Section 10.  Subsection (4) of section 705.103, Florida
389Statutes, is amended to read:
390     705.103  Procedure for abandoned or lost property.--
391     (4)  The owner of any abandoned or lost property who, after
392notice as provided in this section, does not remove such
393property within the specified period shall be liable to the law
394enforcement agency for all costs of removal, storage, and
395destruction of such property, less any salvage value obtained by
396disposal of the property. Upon final disposition of the
397property, the law enforcement officer shall notify the owner, if
398known, of the amount owed. In the case of an abandoned vessel
399boat or motor vehicle, any person who neglects or refuses to pay
400such amount is not entitled to be issued a certificate of
401registration for such vessel boat or motor vehicle, or any other
402vessel boat or motor vehicle, until such costs have been paid.
403The law enforcement officer shall supply the Department of
404Highway Safety and Motor Vehicles with a list of persons whose
405vessel boat registration privileges or whose motor vehicle
406privileges have been revoked under this subsection. Neither the
407department nor any other person acting as agent thereof shall
408issue a certificate of registration to a person whose vessel
409boat or motor vehicle registration privileges have been revoked,
410as provided by this subsection, until such costs have been paid.
411     Section 11.  Section 823.11, Florida Statutes, is amended
412to read:
413     823.11  Abandoned and derelict vessels; removal; penalty.--
414     (1)  "Derelict vessel" means any vessel, as defined in s.
415327.02, that is left stored or abandoned:
416     (a)  In a wrecked, junked, or substantially dismantled
417condition upon any public waters of this state.
418     (b)  At any port in this state without the consent of the
419agency having jurisdiction thereof.
420     (c)  Docked or grounded at or beached upon the property of
421another without the consent of the owner of the property.
422     (2)  It is unlawful for any person, firm, or corporation to
423store, leave, or abandon any derelict vessel as defined in this
424section in this state or leave any vessel as defined by maritime
425law in a wrecked, junked, or substantially dismantled condition
426or abandoned upon or in any public water or at any port in this
427state without the consent of the agency having jurisdiction
428thereof, or docked at any private property without the consent
429of the owner of such property.
430     (3)(a)(2)  The Fish and Wildlife Conservation Commission
431and its officers and all law enforcement officers as specified
432in s. 327.70 are is designated as the agency of the state
433authorized and empowered to remove or cause to be removed any
434abandoned or derelict vessel from public waters in any instance
435when the same obstructs or threatens to obstruct navigation or
436in any way constitutes a danger to the environment. Removal of
437vessels pursuant to this section may be funded by grants
438provided in ss. 206.606 and 376.15. The Fish and Wildlife
439Conservation Commission is directed to implement a plan for the
440procurement of any available federal disaster funds and to use
441such funds for the removal of derelict vessels. All costs
442incurred by the commission or other law enforcement agency in
443the removal of any abandoned or derelict vessel as set out above
444shall be recoverable against the owner thereof. The Department
445of Legal Affairs shall represent the commission in such actions.
446As provided in s. 705.103(4), any person who neglects or refuses
447to pay such amount is not entitled to be issued a certificate of
448registration for such vessel or for any other vessel or motor
449vehicle until the costs have been paid.
450     (b)  When a derelict vessel is docked or grounded at or
451beached upon private property without the consent of the owner
452of the property, the owner of the property may remove the vessel
453at the vessel owner's expense 60 days after compliance with the
454notice requirements specified in s. 328.17(5). The private
455property owner may not hinder reasonable efforts by the vessel
456owner or agent to remove the vessel. Any notice given pursuant
457to this paragraph shall be presumed delivered when it is
458deposited with the United States Postal Service, certified, and
459properly addressed with prepaid postage. Pursuant to an
460agreement with the governing body of a county or municipality,
461and upon a finding by the commission that the county or
462municipality is competent to undertake said responsibilities,
463the commission may delegate to the county or municipality its
464authority to remove or cause to be removed an abandoned or
465derelict vessel from public waters within the county or
466municipality.
467     (4)(3)  Any person, firm, or corporation violating this act
468commits is guilty of a misdemeanor of the first degree and shall
469be punished as provided by law. Conviction under this section
470shall not bar the assessment and collection of the civil penalty
471provided in s. 376.16 for violation of s. 376.15. The court
472having jurisdiction over the criminal offense, notwithstanding
473any jurisdictional limitations on the amount in controversy, may
474order the imposition of such civil penalty in addition to any
475sentence imposed for the first criminal offense.
476     Section 12.  This act shall take effect July 1, 2006.


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