HB 7175CS

CHAMBER ACTION




1The State Resources Council recommends the following:
2
3     Council/Committee Substitute
4     Remove the entire bill and insert:
5
A bill to be entitled
6An act relating to vessels; amending s. 206.606, F.S.;
7authorizing the use of certain funds for local boating
8related projects and activities; amending s. 327.59, F.S.;
9authorizing marina owners, operators, employees, and
10agents to take actions to secure vessels during severe
11weather and to charge fees and be held harmless for such
12service; holding marina operators, employees, and agents
13liable for damage caused by intentional acts or negligence
14while removing or securing vessels; authorizing contract
15provisions and providing contract notice requirements
16relating to removing or securing vessels; amending s.
17327.60, F.S.; providing for local regulation of anchoring
18within mooring fields; amending s. 328.64, F.S.; requiring
19the Department of Highway Safety and Motor Vehicles to
20provide forms for certain notification related to vessels;
21requiring the department to provide by rule for the
22surrender and replacement of certificates of registration
23to reflect change of address; amending s. 328.72, F.S.;
24requiring counties to use funds for specific boating
25related purposes; requiring counties to provide reports
26demonstrating specified expenditure of such funds;
27providing penalties for failure to comply; amending s.
28376.11, F.S.; authorizing the distribution of revenues
29from the Florida Coastal Protection Trust Fund to all
30local governments for the removal of certain vessels;
31amending s. 376.15, F.S.; revising provisions relating to
32the removal of abandoned and derelict vessels; specifying
33officers authorized to remove such vessels; providing that
34certain costs are recoverable; requiring the Department of
35Legal Affairs to represent the Fish and Wildlife
36Conservation Commission in certain actions; expanding
37eligibility for disbursement of grant funds for the
38removal of certain vessels; amending s. 403.813, F.S.;
39providing exemptions from permitting, registration, and
40regulation of floating vessel platforms or floating boat
41lifts by a local government; authorizing local governments
42to require certain permits or registration for floating
43vessel platforms or floating boat lifts under certain
44circumstances; amending s. 705.101, F.S.; revising the
45definition of "abandoned property" to include certain
46vessels; amending s. 705.103, F.S.; revising the
47terminology relating to abandoned or lost property to
48conform; amending s. 823.11, F.S.; revising provisions
49relating to abandoned and derelict vessels and the removal
50of such vessels; providing a definition of "derelict
51vessel"; specifying which officers may remove such
52vessels; directing the Fish and Wildlife Conservation
53Commission to implement a plan for the procurement of
54federal disaster funds for the removal of derelict
55vessels; requiring the Department of Legal Affairs to
56represent the commission in certain actions; deleting a
57provision authorizing the commission to delegate certain
58authority to local governments under certain
59circumstances; authorizing private property owners to
60remove certain vessels with required notice; providing
61that cost of such removal is recoverable; prohibiting
62private property owners from hindering the removal of
63certain vessels by vessel owners or agents; providing for
64jurisdictional imposition of civil penalties for
65violations relating to certain vessels; providing an
66effective date.
67
68Be It Enacted by the Legislature of the State of Florida:
69
70     Section 1.  Paragraph (b) of subsection (1) of section
71206.606, Florida Statutes, is amended to read:
72     206.606  Distribution of certain proceeds.--
73     (1)  Moneys collected pursuant to ss. 206.41(1)(g) and
74206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
75Fund. Such moneys, after deducting the service charges imposed
76by s. 215.20, the refunds granted pursuant to s. 206.41, and the
77administrative costs incurred by the department in collecting,
78administering, enforcing, and distributing the tax, which
79administrative costs may not exceed 2 percent of collections,
80shall be distributed monthly to the State Transportation Trust
81Fund, except that:
82     (b)  $2.5 million shall be transferred to the State Game
83Trust Fund in the Fish and Wildlife Conservation Commission in
84each fiscal year and used for recreational boating activities,
85and freshwater fisheries management and research. The transfers
86must be made in equal monthly amounts beginning on July 1 of
87each fiscal year. The commission shall annually determine where
88unmet needs exist for boating-related activities, and may fund
89such activities in counties where, due to the number of vessel
90registrations, sufficient financial resources are unavailable.
91     1.  A minimum of $1.25 million shall be used to fund local
92projects to provide recreational channel marking and other
93uniform waterway markers, public boat ramps, lifts, and hoists,
94marine railways, and other public launching facilities, derelict
95vessel removal aquatic plant control, and other local boating
96related activities. In funding the projects, the commission
97shall give priority consideration as follows:
98     a.  Unmet needs in counties with populations of 100,000 or
99less.
100     b.  Unmet needs in coastal counties with a high level of
101boating related activities from individuals residing in other
102counties.
103     2.  The remaining $1.25 million may be used for
104recreational boating activities and freshwater fisheries
105management and research.
106     3.  The commission is authorized to adopt rules pursuant to
107ss. 120.536(1) and 120.54 to implement a Florida Boating
108Improvement Program similar to the program administered by the
109Department of Environmental Protection and established in rules
11062D-5.031 - 62D-5.036, Florida Administrative Code, to determine
111projects eligible for funding under this subsection.
112
113On February 1 of each year, the commission shall file an annual
114report with the President of the Senate and the Speaker of the
115House of Representatives outlining the status of its Florida
116Boating Improvement Program, including the projects funded, and
117a list of counties whose needs are unmet due to insufficient
118financial resources from vessel registration fees.
119     Section 2.  Section 327.59, Florida Statutes, is amended to
120read:
121     327.59  Marina evacuations.--
122     (1)  After June 1, 1994, marinas may not adopt, maintain,
123or enforce policies pertaining to evacuation of vessels which
124require vessels to be removed from marinas following the
125issuance of a hurricane watch or warning, in order to ensure
126that protecting the lives and safety of vessel owners is placed
127before interests of protecting property.
128     (2)  Nothing in this section may be construed to restrict
129the ability of an owner of a vessel or the owner's authorized
130representative to remove a vessel voluntarily from a marina at
131any time or to restrict a marina owner from dictating the kind
132of cleats, ropes, fenders, and other measures that must be used
133on vessels as a condition of use of a marina. After a tropical
134storm or hurricane watch has been issued, a marina owner or
135operator, or an employee or agent of such owner or operator, may
136take reasonable actions to further secure any vessel within the
137marina to minimize damage to a vessel and to protect marina
138property, private property, and the environment and may charge a
139reasonable fee for such services.
140     (3)  Notwithstanding any other provisions of this section,
141in order to minimize damage to a vessel and to protect marina
142property, private property, and the environment, a marina owner
143may provide by contract that in the event a vessel owner fails
144to promptly remove a vessel from a marina after a tropical storm
145or hurricane watch has been issued, the marina owner, operator,
146employee, or agent may remove the vessel, if reasonable, from
147its slip or take whatever reasonable actions are deemed
148necessary to properly secure a vessel to minimize damage to a
149vessel and to protect marina property, private property, and the
150environment and may charge the vessel owner a reasonable fee for
151any such services rendered. In order to add such a provision to
152a contract, the marina owner must provide notice to the vessel
153owner in any such contract in a font size of at least 10 points
154and in substantially the following form:
155
156
NOTICE TO VESSEL OWNER
157
158The undersigned hereby informs you that in the event you fail to
159remove your vessel from the marina promptly (timeframe to be
160determined between the marina owner or operator and the vessel
161owner) after the issuance of a tropical storm or hurricane watch
162for (insert geographic area), Florida, under Florida law, the
163undersigned or his or her employees or agents are authorized to
164remove your vessel, if reasonable, from its slip or take any and
165all other reasonable actions deemed appropriate by the
166undersigned or his or her employees or agents in order to better
167secure your vessel and to protect marina property, private
168property, and the environment. You are further notified that you
169may be charged a reasonable fee for any such action.
170     (4)  A marina owner, operator, employee, or agent shall not
171be held liable for any damage incurred to a vessel from storms
172or hurricanes and is held harmless as a result of such actions.
173Nothing in this section may be construed to provide immunity to
174a marina operator, employee, or agent for any damage caused by
175intentional acts or negligence when removing or securing a
176vessel as permitted under this section.
177     Section 3.  Subsection (2) of section 327.60, Florida
178Statutes, is amended to read:
179     327.60  Local regulations; limitations.--
180     (2)  Nothing contained in the provisions of this section
181shall be construed to prohibit local governmental authorities
182from the enactment or enforcement of regulations which prohibit
183or restrict the mooring or anchoring of floating structures or
184live-aboard vessels within their jurisdictions or of any vessels
185within the marked boundaries of mooring fields permitted as
186provided in s. 327.40. However, local governmental authorities
187are prohibited from regulating the anchoring outside of such
188mooring fields anchorage of non-live-aboard vessels engaged in
189the exercise of rights of navigation.
190     Section 4.  Section 328.64, Florida Statutes, is amended to
191read:
192     328.64  Change of interest and address.--
193     (1)  The owner shall furnish the Department of Highway
194Safety and Motor Vehicles notice of the transfer of all or any
195part of his or her interest in a vessel registered or titled in
196this state pursuant to this chapter or chapter 328 or of the
197destruction or abandonment of such vessel, within 30 days
198thereof, on a form prescribed by the department. Such transfer,
199destruction, or abandonment shall terminate the certificate for
200such vessel, except that in the case of a transfer of a part
201interest which does not affect the owner's right to operate such
202vessel, such transfer shall not terminate the certificate. The
203department shall provide the form for such notice and shall
204attach the form to every vessel title issued or reissued.
205     (2)  Any holder of a certificate of registration shall
206notify the Department of Highway Safety and Motor Vehicles or
207the county tax collector within 30 days, if his or her address
208no longer conforms to the address appearing on the certificate
209and shall, as a part of such notification, furnish the
210department or such county tax collector with the new address.
211The department shall may provide in its rules and regulations
212for the surrender of the certificate bearing the former address
213and its replacement with a certificate bearing the new address
214or for the alteration of an outstanding certificate to show the
215new address of the holder.
216     Section 5.  Subsection (15) of section 328.72, Florida
217Statutes, is amended to read:
218     328.72  Classification; registration; fees and charges;
219surcharge; disposition of fees; fines; marine turtle stickers.--
220     (15)  DISTRIBUTION OF FEES.--Except for the first $2, $1 of
221which shall be remitted to the state for deposit into the Save
222the Manatee Trust Fund created within the Fish and Wildlife
223Conservation Commission and $1 of which shall be remitted to the
224state for deposit into the Marine Resources Conservation Trust
225Fund to fund a grant program for public launching facilities,
226pursuant to s. 206.606 327.47, giving priority consideration to
227counties with more than 35,000 registered vessels, moneys
228designated for the use of the counties, as specified in
229subsection (1), shall be distributed by the tax collector to the
230board of county commissioners for use only as provided in this
231section. Such moneys to be returned to the counties are for the
232sole purposes of providing recreational channel marking and
233other uniform waterway markers, public boat ramps, lifts, and
234hoists, marine railways, and other public launching facilities,
235derelict vessel removal, and other boating-related activities,
236for removal of vessels and floating structures deemed a hazard
237to public safety and health for failure to comply with s.
238327.53, and for manatee and marine mammal protection and
239recovery. Counties shall that demonstrate through an annual
240detailed accounting report of vessel registration revenues that
241at least $1 of the registration fees were spent as provided in
242this subsection on boating infrastructure shall only be required
243to transfer the first $1 of the fees to the Save the Manatee
244Trust Fund. This report shall be provided to the Fish and
245Wildlife Conservation Commission no later than November 1 of
246each year. If, prior to January 1 of each calendar year, the
247annual detailed accounting report meeting the prescribed
248criteria has still not been provided to the commission, the tax
249collector of that county shall not distribute the moneys
250designated for the use of counties, as specified in subsection
251(1), to the board of county commissioners but shall, instead,
252for the next calendar year, remit such moneys to the state for
253deposit into the Marine Resources Conservation Trust Fund. The
254commission shall return those moneys to the county if the county
255fully complies with this section within that calendar year. If
256the county does not fully comply with this section within that
257calendar year, the moneys shall remain within the Marine
258Resources Trust Fund and may be appropriated for the purposes
259specified in this subsection The commission shall provide an
260exemption letter to the department by December 15 of each year
261for qualifying counties.
262     Section 6.  Paragraph (g) of subsection (4) of section
263376.11, Florida Statutes, is amended to read:
264     376.11  Florida Coastal Protection Trust Fund.--
265     (4)  Moneys in the Florida Coastal Protection Trust Fund
266shall be disbursed for the following purposes and no others:
267     (g)  The funding of a grant program to coastal local
268governments, pursuant to s. 376.15(2)(b) and (c), for the
269removal of derelict vessels from the public waters of the state.
270     Section 7.  Section 376.15, Florida Statutes, is amended to
271read:
272     376.15  Derelict vessels; removal from public waters.--
273     (1)  It is unlawful for any person, firm, or corporation to
274store, leave, or abandon any derelict vessel as defined in s.
275823.11(1) in this state or leave any vessel in a wrecked,
276junked, or substantially dismantled condition or abandoned upon
277any public waters or at any port in this state without the
278consent of the agency having jurisdiction thereof or docked at
279any private property without the consent of the owner of the
280private property.
281     (2)(a)  The Fish and Wildlife Conservation Commission and
282its officers and all law enforcement officers as specified in s.
283327.70 are is hereby designated as the agency of the state
284authorized and empowered to remove any derelict vessel as
285defined in s. 823.11(1) described in subsection (1) from public
286waters. All costs incurred by the commission or other law
287enforcement agency in the removal of any abandoned or derelict
288vessel shall be recoverable against the owner of the vessel. The
289Department of Legal Affairs shall represent the commission in
290such actions.
291     (b)  The commission may establish a program to provide
292grants to coastal local governments for the removal of derelict
293vessels from the public waters of the state. The program shall
294be funded from the Florida Coastal Protection Trust Fund.
295Notwithstanding the provisions in s. 216.181(11), funds
296available for grants may only be authorized by appropriations
297acts of the Legislature.
298     (c)  The commission shall adopt by rule procedures for
299submitting a grant application and criteria for allocating
300available funds. Such criteria shall include, but not be limited
301to, the following:
302     1.  The number of derelict vessels within the jurisdiction
303of the applicant.
304     2.  The threat posed by such vessels to public health or
305safety, the environment, navigation, or the aesthetic condition
306of the general vicinity.
307     3.  The degree of commitment of the local government to
308maintain waters free of abandoned and derelict vessels and to
309seek legal action against those who abandon vessels in the
310waters of the state.
311     (d)  This section shall constitute the authority of the
312commission for such removal, but is not intended to be in
313contravention of any applicable federal act.
314     (e)  The Department of Legal Affairs shall represent the
315Fish and Wildlife Conservation Commission in such actions.
316     Section 8.  Paragraph (s) of subsection (2) of section
317403.813, Florida Statutes, is amended to read:
318     403.813  Permits issued at district centers; exceptions.--
319     (2)  A permit is not required under this chapter, chapter
320373, chapter 61-691, Laws of Florida, or chapter 25214 or
321chapter 25270, 1949, Laws of Florida, for activities associated
322with the following types of projects; however, except as
323otherwise provided in this subsection, nothing in this
324subsection relieves an applicant from any requirement to obtain
325permission to use or occupy lands owned by the Board of Trustees
326of the Internal Improvement Trust Fund or any water management
327district in its governmental or proprietary capacity or from
328complying with applicable local pollution control programs
329authorized under this chapter or other requirements of county
330and municipal governments:
331     (s)  The construction, installation, operation, or
332maintenance of floating vessel platforms or floating boat lifts,
333provided that such structures:
334     1.  Float at all times in the water for the sole purpose of
335supporting a vessel so that the vessel is out of the water when
336not in use;
337     2.  Are wholly contained within a boat slip previously
338permitted under ss. 403.91-403.929, 1984 Supplement to the
339Florida Statutes 1983, as amended, or part IV of chapter 373, or
340do not exceed a combined total of 500 square feet, or 200 square
341feet in an Outstanding Florida Water, when associated with a
342dock that is exempt under this subsection or associated with a
343permitted dock with no defined boat slip or attached to a
344bulkhead on a parcel of land where there is no other docking
345structure, do not exceed a combined total of 500 square feet, or
346200 square feet in an Outstanding Florida Water;
347     3.  Are not used for any commercial purpose or for mooring
348vessels that remain in the water when not in use, and do not
349substantially impede the flow of water, create a navigational
350hazard, or unreasonably infringe upon the riparian rights of
351adjacent property owners, as defined in s. 253.141;
352     4.  Are constructed and used so as to minimize adverse
353impacts to submerged lands, wetlands, shellfish areas, aquatic
354plant and animal species, and other biological communities,
355including locating such structures in areas where no seagrasses
356are least dense exist if such areas are present adjacent to the
357dock or bulkhead; and
358     5.  Are not constructed in areas specifically prohibited
359for boat mooring under conditions of a permit issued in
360accordance with ss. 403.91-403.929, 1984 Supplement to the
361Florida Statutes 1983, as amended, or part IV of chapter 373, or
362other form of authorization issued by a local government.
363
364Structures that qualify for this exemption are relieved from any
365requirement to obtain permission to use or occupy lands owned by
366the Board of Trustees of the Internal Improvement Trust Fund and
367shall not be subject to any more stringent permitting
368requirements, registration requirements, or other regulation by
369any local government. Local governments may require either
370permitting or one-time registration of floating vessel platforms
371as necessary to ensure compliance with the exemption criteria in
372this section; to ensure compliance with local ordinances, codes,
373or regulations relating to building or zoning, which are no more
374stringent than the exemption criteria in this section; and to
375ensure proper installation and maintenance of a floating vessel
376platform or floating boat lift that is proposed to be attached
377to a bulkhead or parcel of land where there is no other docking
378structure. The exemption provided in this paragraph shall be in
379addition to the exemption provided in paragraph (b). By January
3801, 2003, The department shall adopt a general permit by rule for
381the construction, installation, operation, or maintenance of
382those floating vessel platforms or floating boat lifts that do
383not qualify for the exemption provided in this paragraph but do
384not cause significant adverse impacts to occur individually or
385cumulatively. The issuance of such general permit shall also
386constitute permission to use or occupy lands owned by the Board
387of Trustees of the Internal Improvement Trust Fund. Upon the
388adoption of the rule creating such general permit, No local
389government shall impose a more stringent regulation, permitting
390requirement, registration requirement, or other regulation
391covered by such general permit. Local governments may require
392either permitting or one-time registration of floating vessel
393platforms as necessary to ensure compliance with the general
394permit in this section; to ensure compliance with local
395ordinances, codes, or regulations relating to building or zoning
396that are no more stringent than the general permit in this
397section; and to ensure proper installation and maintenance of a
398floating vessel platform or floating boat lift that is proposed
399to be attached to a bulkhead or parcel of land where there is no
400other docking structure on floating vessel platforms or floating
401boat lifts covered by such general permit.
402     Section 9.  Subsection (3) of section 705.101, Florida
403Statutes, is amended to read:
404     705.101  Definitions.--As used in this chapter:
405     (3)  "Abandoned property" means all tangible personal
406property that does not have an identifiable owner and that has
407been disposed on public property in a wrecked, inoperative, or
408partially dismantled condition or has no apparent intrinsic
409value to the rightful owner. The term includes derelict vessels
410as defined in s. 823.11(1) Vessels determined to be derelict by
411the Fish and Wildlife Conservation Commission or a county or
412municipality in accordance with the provisions of s. 823.11 are
413included within this definition.
414     Section 10.  Subsection (4) of section 705.103, Florida
415Statutes, is amended to read:
416     705.103  Procedure for abandoned or lost property.--
417     (4)  The owner of any abandoned or lost property who, after
418notice as provided in this section, does not remove such
419property within the specified period shall be liable to the law
420enforcement agency for all costs of removal, storage, and
421destruction of such property, less any salvage value obtained by
422disposal of the property. Upon final disposition of the
423property, the law enforcement officer shall notify the owner, if
424known, of the amount owed. In the case of an abandoned vessel
425boat or motor vehicle, any person who neglects or refuses to pay
426such amount is not entitled to be issued a certificate of
427registration for such vessel boat or motor vehicle, or any other
428vessel boat or motor vehicle, until such costs have been paid.
429The law enforcement officer shall supply the Department of
430Highway Safety and Motor Vehicles with a list of persons whose
431vessel boat registration privileges or whose motor vehicle
432privileges have been revoked under this subsection. Neither the
433department nor any other person acting as agent thereof shall
434issue a certificate of registration to a person whose vessel
435boat or motor vehicle registration privileges have been revoked,
436as provided by this subsection, until such costs have been paid.
437     Section 11.  Section 823.11, Florida Statutes, is amended
438to read:
439     823.11  Abandoned and derelict vessels; removal; penalty.--
440     (1)  "Derelict vessel" means any vessel, as defined in s.
441327.02, that is left stored or abandoned:
442     (a)  In a wrecked, junked, or substantially dismantled
443condition upon any public waters of this state.
444     (b)  At any port in this state without the consent of the
445agency having jurisdiction thereof.
446     (c)  Docked or grounded at or beached upon the property of
447another without the consent of the owner of the property.
448     (2)  It is unlawful for any person, firm, or corporation to
449store, leave, or abandon any derelict vessel as defined in this
450section in this state or leave any vessel as defined by maritime
451law in a wrecked, junked, or substantially dismantled condition
452or abandoned upon or in any public water or at any port in this
453state without the consent of the agency having jurisdiction
454thereof, or docked at any private property without the consent
455of the owner of such property.
456     (3)(a)(2)  The Fish and Wildlife Conservation Commission
457and its officers and all law enforcement officers as specified
458in s. 327.70 are is designated as the agency of the state
459authorized and empowered to remove or cause to be removed any
460abandoned or derelict vessel from public waters in any instance
461when the same obstructs or threatens to obstruct navigation or
462in any way constitutes a danger to the environment. Removal of
463vessels pursuant to this section may be funded by grants
464provided in ss. 206.606 and 376.15. The Fish and Wildlife
465Conservation Commission is directed to implement a plan for the
466procurement of any available federal disaster funds and to use
467such funds for the removal of derelict vessels. All costs
468incurred by the commission or other law enforcement agency in
469the removal of any abandoned or derelict vessel as set out above
470shall be recoverable against the owner thereof. The Department
471of Legal Affairs shall represent the commission in such actions.
472As provided in s. 705.103(4), any person who neglects or refuses
473to pay such amount is not entitled to be issued a certificate of
474registration for such vessel or for any other vessel or motor
475vehicle until the costs have been paid.
476     (b)  When a derelict vessel is docked or grounded at or
477beached upon private property without the consent of the owner
478of the property, the owner of the property may remove the vessel
479at the vessel owner's expense 60 days after compliance with the
480notice requirements specified in s. 328.17(5). The private
481property owner may not hinder reasonable efforts by the vessel
482owner or agent to remove the vessel. Any notice given pursuant
483to this paragraph shall be presumed delivered when it is
484deposited with the United States Postal Service, certified, and
485properly addressed with prepaid postage. Pursuant to an
486agreement with the governing body of a county or municipality,
487and upon a finding by the commission that the county or
488municipality is competent to undertake said responsibilities,
489the commission may delegate to the county or municipality its
490authority to remove or cause to be removed an abandoned or
491derelict vessel from public waters within the county or
492municipality.
493     (4)(3)  Any person, firm, or corporation violating this act
494commits is guilty of a misdemeanor of the first degree and shall
495be punished as provided by law. Conviction under this section
496shall not bar the assessment and collection of the civil penalty
497provided in s. 376.16 for violation of s. 376.15. The court
498having jurisdiction over the criminal offense, notwithstanding
499any jurisdictional limitations on the amount in controversy, may
500order the imposition of such civil penalty in addition to any
501sentence imposed for the first criminal offense.
502     Section 12.  This act shall take effect July 1, 2006.


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