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 providing contract notice requirements
12relating to removing or securing vessels; amending s.
13327.60, F.S.; providing for local regulation of anchoring
14within mooring fields; amending s. 328.64, F.S.; requiring
15the Department of Highway Safety and Motor Vehicles to
16provide forms for certain notification related to vessels;
17requiring the department to provide by rule for the
18surrender and replacement of certificates of registration
19to reflect change of address; amending s. 328.72, F.S.;
20requiring counties to use funds for specific boating
21related purposes; requiring counties to provide reports
22demonstrating specified expenditure of such funds;
23providing penalties for failure to comply; amending s.
24376.11, F.S.; authorizing the distribution of revenues
25from the Florida Coastal Protection Trust Fund to all
26local governments for the removal of certain vessels;
27amending s. 376.15, F.S.; revising provisions relating to
28the removal of abandoned and derelict vessels; specifying
29officers authorized to remove such vessels; providing that
30certain costs are recoverable; requiring the Department of
31Legal Affairs to represent the Fish and Wildlife
32Conservation Commission in certain actions; expanding
33eligibility for disbursement of grant funds for the
34removal of certain vessels; amending s. 403.813, F.S.;
35providing exemptions from permitting, registration, and
36regulation of floating vessel platforms or floating boat
37lifts by a local government; authorizing local governments
38to require certain permits or registration for floating
39vessel platforms or floating boat lifts under certain
40circumstances; amending s. 705.101, F.S.; revising the
41definition of "abandoned property" to include certain
42vessels; amending s. 705.103, F.S.; revising the
43terminology relating to abandoned or lost property to
44conform; amending s. 823.11, F.S.; revising provisions
45relating to abandoned and derelict vessels and the removal
46of such vessels; providing a definition of "derelict
47vessel"; specifying which officers may remove such
48vessels; directing the Fish and Wildlife Conservation
49Commission to implement a plan for the procurement of
50federal disaster funds for the removal of derelict
51vessels; requiring the Department of Legal Affairs to
52represent the commission in certain actions; deleting a
53provision authorizing the commission to delegate certain
54authority to local governments under certain
55circumstances; authorizing private property owners to
56remove certain vessels with required notice; providing
57that cost of such removal is recoverable; prohibiting
58private property owners from hindering the removal of
59certain vessels by vessel owners or agents; providing for
60jurisdictional imposition of civil penalties for
61violations relating to certain vessels; providing an
62effective date.
63
64Be It Enacted by the Legislature of the State of Florida:
65
66     Section 1.  Paragraph (b) of subsection (1) of section
67206.606, Florida Statutes, is amended to read:
68     206.606  Distribution of certain proceeds.--
69     (1)  Moneys collected pursuant to ss. 206.41(1)(g) and
70206.87(1)(e) shall be deposited in the Fuel Tax Collection Trust
71Fund. Such moneys, after deducting the service charges imposed
72by s. 215.20, the refunds granted pursuant to s. 206.41, and the
73administrative costs incurred by the department in collecting,
74administering, enforcing, and distributing the tax, which
75administrative costs may not exceed 2 percent of collections,
76shall be distributed monthly to the State Transportation Trust
77Fund, except that:
78     (b)  $2.5 million shall be transferred to the State Game
79Trust Fund in the Fish and Wildlife Conservation Commission in
80each fiscal year and used for recreational boating activities,
81and freshwater fisheries management and research. The transfers
82must be made in equal monthly amounts beginning on July 1 of
83each fiscal year. The commission shall annually determine where
84unmet needs exist for boating-related activities, and may fund
85such activities in counties where, due to the number of vessel
86registrations, sufficient financial resources are unavailable.
87     1.  A minimum of $1.25 million shall be used to fund local
88projects to provide recreational channel marking and other
89uniform waterway markers, public boat ramps, lifts, and hoists,
90marine railways, and other public launching facilities, derelict
91vessel removal aquatic plant control, and other local boating
92related activities. In funding the projects, the commission
93shall give priority consideration as follows:
94     a.  Unmet needs in counties with populations of 100,000 or
95less.
96     b.  Unmet needs in coastal counties with a high level of
97boating related activities from individuals residing in other
98counties.
99     2.  The remaining $1.25 million may be used for
100recreational boating activities and freshwater fisheries
101management and research.
102     3.  The commission is authorized to adopt rules pursuant to
103ss. 120.536(1) and 120.54 to implement a Florida Boating
104Improvement Program similar to the program administered by the
105Department of Environmental Protection and established in rules
10662D-5.031 - 62D-5.036, Florida Administrative Code, to determine
107projects eligible for funding under this subsection.
108
109On February 1 of each year, the commission shall file an annual
110report with the President of the Senate and the Speaker of the
111House of Representatives outlining the status of its Florida
112Boating Improvement Program, including the projects funded, and
113a list of counties whose needs are unmet due to insufficient
114financial resources from vessel registration fees.
115     Section 2.  Section 327.59, Florida Statutes, is amended to
116read:
117     327.59  Marina evacuations.--
118     (1)  After June 1, 1994, marinas may not adopt, maintain,
119or enforce policies pertaining to evacuation of vessels which
120require vessels to be removed from marinas following the
121issuance of a hurricane watch or warning, in order to ensure
122that protecting the lives and safety of vessel owners is placed
123before interests of protecting property.
124     (2)  Nothing in this section may be construed to restrict
125the ability of an owner of a vessel or the owner's authorized
126representative to remove a vessel voluntarily from a marina at
127any time or to restrict a marina owner from dictating the kind
128of cleats, ropes, fenders, and other measures that must be used
129on vessels as a condition of use of a marina. After a tropical
130storm or hurricane watch has been issued, a marina owner or
131operator, or an employee or agent of such owner or operator, may
132take reasonable actions to further secure any vessel within the
133marina to minimize damage to a vessel and to protect marina
134property, private property, and the environment and may charge a
135reasonable fee for such services.
136     (3)  Notwithstanding any other provisions of this section,
137in order to minimize damage to a vessel and to protect marina
138property, private property, and the environment, a marina owner
139may provide by contract that in the event a vessel owner fails
140to promptly remove a vessel from a marina after a tropical storm
141or hurricane watch has been issued, the marina owner, operator,
142employee, or agent may remove the vessel, if reasonable, from
143its slip or take whatever reasonable actions are deemed
144necessary to properly secure a vessel to minimize damage to a
145vessel and to protect marina property, private property, and the
146environment and may charge the vessel owner a reasonable fee for
147any such services rendered. In order to add such a provision to
148a contract, the marina owner must provide notice to the vessel
149owner in any such contract in a font size of at least 10 points
150and in substantially the following form:
151
152
NOTICE TO VESSEL OWNER
153
154The undersigned hereby informs you that in the event you fail to
155remove your vessel from the marina promptly (timeframe to be
156determined between the marina owner or operator and the vessel
157owner) after the issuance of a tropical storm or hurricane watch
158for (insert geographic area), Florida, under Florida law, the
159undersigned or his or her employees or agents are authorized to
160remove your vessel, if reasonable, from its slip or take any and
161all other reasonable actions deemed appropriate by the
162undersigned or his or her employees or agents in order to better
163secure your vessel and to protect marina property, private
164property, and the environment. You are further notified that you
165may be charged a reasonable fee for any such action.
166     (4)  A marina owner, operator, employee, or agent shall not
167be held liable for any damage incurred to a vessel from storms
168or hurricanes and is held harmless as a result of such actions.
169Nothing in this section may be construed to provide immunity to
170a marina operator, employee, or agent for any damage caused by
171intentional acts or negligence when removing or securing a
172vessel as permitted under this section.
173     Section 3.  Subsection (2) of section 327.60, Florida
174Statutes, is amended to read:
175     327.60  Local regulations; limitations.--
176     (2)  Nothing contained in the provisions of this section
177shall be construed to prohibit local governmental authorities
178from the enactment or enforcement of regulations which prohibit
179or restrict the mooring or anchoring of floating structures or
180live-aboard vessels within their jurisdictions or of any vessels
181within the marked boundaries of mooring fields permitted as
182provided in s. 327.40. However, local governmental authorities
183are prohibited from regulating the anchoring outside of such
184mooring fields anchorage of non-live-aboard vessels engaged in
185the exercise of rights of navigation.
186     Section 4.  Section 328.64, Florida Statutes, is amended to
187read:
188     328.64  Change of interest and address.--
189     (1)  The owner shall furnish the Department of Highway
190Safety and Motor Vehicles notice of the transfer of all or any
191part of his or her interest in a vessel registered or titled in
192this state pursuant to this chapter or chapter 328 or of the
193destruction or abandonment of such vessel, within 30 days
194thereof, on a form prescribed by the department. Such transfer,
195destruction, or abandonment shall terminate the certificate for
196such vessel, except that in the case of a transfer of a part
197interest which does not affect the owner's right to operate such
198vessel, such transfer shall not terminate the certificate. The
199department shall provide the form for such notice and shall
200attach the form to every vessel title issued or reissued.
201     (2)  Any holder of a certificate of registration shall
202notify the Department of Highway Safety and Motor Vehicles or
203the county tax collector within 30 days, if his or her address
204no longer conforms to the address appearing on the certificate
205and shall, as a part of such notification, furnish the
206department or such county tax collector with the new address.
207The department shall may provide in its rules and regulations
208for the surrender of the certificate bearing the former address
209and its replacement with a certificate bearing the new address
210or for the alteration of an outstanding certificate to show the
211new address of the holder.
212     Section 5.  Subsection (15) of section 328.72, Florida
213Statutes, is amended to read:
214     328.72  Classification; registration; fees and charges;
215surcharge; disposition of fees; fines; marine turtle stickers.--
216     (15)  DISTRIBUTION OF FEES.--Except for the first $2, $1 of
217which shall be remitted to the state for deposit into the Save
218the Manatee Trust Fund created within the Fish and Wildlife
219Conservation Commission and $1 of which shall be remitted to the
220state for deposit into the Marine Resources Conservation Trust
221Fund to fund a grant program for public launching facilities,
222pursuant to s. 206.606 327.47, giving priority consideration to
223counties with more than 35,000 registered vessels, moneys
224designated for the use of the counties, as specified in
225subsection (1), shall be distributed by the tax collector to the
226board of county commissioners for use only as provided in this
227section. Such moneys to be returned to the counties are for the
228sole purposes of providing recreational channel marking and
229other uniform waterway markers, public boat ramps, lifts, and
230hoists, marine railways, and other public launching facilities,
231derelict vessel removal, and other boating-related activities,
232for removal of vessels and floating structures deemed a hazard
233to public safety and health for failure to comply with s.
234327.53, and for manatee and marine mammal protection and
235recovery. Counties shall that demonstrate through an annual
236detailed accounting report of vessel registration revenues that
237at least $1 of the registration fees were spent as provided in
238this subsection on boating infrastructure shall only be required
239to transfer the first $1 of the fees to the Save the Manatee
240Trust Fund. This report shall be provided to the Fish and
241Wildlife Conservation Commission no later than November 1 of
242each year. If, prior to January 1 of each calendar year, the
243annual detailed accounting report meeting the prescribed
244criteria has still not been provided to the commission, the tax
245collector of that county shall not distribute the moneys
246designated for the use of counties, as specified in subsection
247(1), to the board of county commissioners but shall, instead,
248for the next calendar year, remit such moneys to the state for
249deposit into the Marine Resources Conservation Trust Fund. The
250commission shall return those moneys to the county if the county
251fully complies with this section within that calendar year. If
252the county does not fully comply with this section within that
253calendar year, the moneys shall remain within the Marine
254Resources Trust Fund and may be appropriated for the purposes
255specified in this subsection The commission shall provide an
256exemption letter to the department by December 15 of each year
257for qualifying counties.
258     Section 6.  Paragraph (g) of subsection (4) of section
259376.11, Florida Statutes, is amended to read:
260     376.11  Florida Coastal Protection Trust Fund.--
261     (4)  Moneys in the Florida Coastal Protection Trust Fund
262shall be disbursed for the following purposes and no others:
263     (g)  The funding of a grant program to coastal local
264governments, pursuant to s. 376.15(2)(b) and (c), for the
265removal of derelict vessels from the public waters of the state.
266     Section 7.  Section 376.15, Florida Statutes, is amended to
267read:
268     376.15  Derelict vessels; removal from public waters.--
269     (1)  It is unlawful for any person, firm, or corporation to
270store, leave, or abandon any derelict vessel as defined in s.
271823.11(1) in this state or leave any vessel in a wrecked,
272junked, or substantially dismantled condition or abandoned upon
273any public waters or at any port in this state without the
274consent of the agency having jurisdiction thereof or docked at
275any private property without the consent of the owner of the
276private property.
277     (2)(a)  The Fish and Wildlife Conservation Commission and
278its officers and all law enforcement officers as specified in s.
279327.70 are is hereby designated as the agency of the state
280authorized and empowered to remove any derelict vessel as
281defined in s. 823.11(1) described in subsection (1) from public
282waters. All costs incurred by the commission or other law
283enforcement agency in the removal of any abandoned or derelict
284vessel shall be recoverable against the owner of the vessel. The
285Department of Legal Affairs shall represent the commission in
286such actions.
287     (b)  The commission may establish a program to provide
288grants to coastal local governments for the removal of derelict
289vessels from the public waters of the state. The program shall
290be funded from the Florida Coastal Protection Trust Fund.
291Notwithstanding the provisions in s. 216.181(11), funds
292available for grants may only be authorized by appropriations
293acts of the Legislature.
294     (c)  The commission shall adopt by rule procedures for
295submitting a grant application and criteria for allocating
296available funds. Such criteria shall include, but not be limited
297to, the following:
298     1.  The number of derelict vessels within the jurisdiction
299of the applicant.
300     2.  The threat posed by such vessels to public health or
301safety, the environment, navigation, or the aesthetic condition
302of the general vicinity.
303     3.  The degree of commitment of the local government to
304maintain waters free of abandoned and derelict vessels and to
305seek legal action against those who abandon vessels in the
306waters of the state.
307     (d)  This section shall constitute the authority of the
308commission for such removal, but is not intended to be in
309contravention of any applicable federal act.
310     (e)  The Department of Legal Affairs shall represent the
311Fish and Wildlife Conservation Commission in such actions.
312     Section 8.  Paragraph (s) of subsection (2) of section
313403.813, Florida Statutes, is amended to read:
314     403.813  Permits issued at district centers; exceptions.--
315     (2)  A permit is not required under this chapter, chapter
316373, chapter 61-691, Laws of Florida, or chapter 25214 or
317chapter 25270, 1949, Laws of Florida, for activities associated
318with the following types of projects; however, except as
319otherwise provided in this subsection, nothing in this
320subsection relieves an applicant from any requirement to obtain
321permission to use or occupy lands owned by the Board of Trustees
322of the Internal Improvement Trust Fund or any water management
323district in its governmental or proprietary capacity or from
324complying with applicable local pollution control programs
325authorized under this chapter or other requirements of county
326and municipal governments:
327     (s)  The construction, installation, operation, or
328maintenance of floating vessel platforms or floating boat lifts,
329provided that such structures:
330     1.  Float at all times in the water for the sole purpose of
331supporting a vessel so that the vessel is out of the water when
332not in use;
333     2.  Are wholly contained within a boat slip previously
334permitted under ss. 403.91-403.929, 1984 Supplement to the
335Florida Statutes 1983, as amended, or part IV of chapter 373, or
336do not exceed a combined total of 500 square feet, or 200 square
337feet in an Outstanding Florida Water, when associated with a
338dock that is exempt under this subsection or associated with a
339permitted dock with no defined boat slip or attached to a
340bulkhead on a parcel of land where there is no other docking
341structure, do not exceed a combined total of 500 square feet, or
342200 square feet in an Outstanding Florida Water;
343     3.  Are not used for any commercial purpose or for mooring
344vessels that remain in the water when not in use, and do not
345substantially impede the flow of water, create a navigational
346hazard, or unreasonably infringe upon the riparian rights of
347adjacent property owners, as defined in s. 253.141;
348     4.  Are constructed and used so as to minimize adverse
349impacts to submerged lands, wetlands, shellfish areas, aquatic
350plant and animal species, and other biological communities,
351including locating such structures in areas where no seagrasses
352are least dense exist if such areas are present adjacent to the
353dock or bulkhead; and
354     5.  Are not constructed in areas specifically prohibited
355for boat mooring under conditions of a permit issued in
356accordance with ss. 403.91-403.929, 1984 Supplement to the
357Florida Statutes 1983, as amended, or part IV of chapter 373, or
358other form of authorization issued by a local government.
359
360Structures that qualify for this exemption are relieved from any
361requirement to obtain permission to use or occupy lands owned by
362the Board of Trustees of the Internal Improvement Trust Fund
363and, with the exception of those structures attached to a
364bulkhead on a parcel of land where there is no docking
365structure, shall not be subject to any more stringent permitting
366requirements, registration requirements, or other regulation by
367any local government. Local governments may require either
368permitting or one-time registration of floating vessel platforms
369to be attached to a bulkhead on a parcel of land where there is
370no other docking structure as necessary to ensure compliance
371with the exemption criteria in this section; to ensure
372compliance with local ordinances, codes, or regulations relating
373to building or zoning, which are no more stringent than the
374exemption criteria in this section or address subjects other
375than subjects addressed by the exemption criteria in this
376section; and to ensure proper installation, maintenance, and
377precautionary or evacuation action following a tropical storm or
378hurricane watch of a floating vessel platform or floating boat
379lift that is proposed to be attached to a bulkhead or parcel of
380land where there is no other docking structure. The exemption
381provided in this paragraph shall be in addition to the exemption
382provided in paragraph (b). By January 1, 2003, The department
383shall adopt a general permit by rule for the construction,
384installation, operation, or maintenance of those floating vessel
385platforms or floating boat lifts that do not qualify for the
386exemption provided in this paragraph but do not cause
387significant adverse impacts to occur individually or
388cumulatively. The issuance of such general permit shall also
389constitute permission to use or occupy lands owned by the Board
390of Trustees of the Internal Improvement Trust Fund. Upon the
391adoption of the rule creating such general permit, No local
392government shall impose a more stringent regulation, permitting
393requirement, registration requirement, or other regulation
394covered by such general permit. Local governments may require
395either permitting or one-time registration of floating vessel
396platforms as necessary to ensure compliance with the general
397permit in this section; to ensure compliance with local
398ordinances, codes, or regulations relating to building or zoning
399that are no more stringent than the general permit in this
400section; and to ensure proper installation and maintenance of a
401floating vessel platform or floating boat lift that is proposed
402to be attached to a bulkhead or parcel of land where there is no
403other docking structure on floating vessel platforms or floating
404boat lifts covered by such general permit.
405     Section 9.  Subsection (3) of section 705.101, Florida
406Statutes, is amended to read:
407     705.101  Definitions.--As used in this chapter:
408     (3)  "Abandoned property" means all tangible personal
409property that does not have an identifiable owner and that has
410been disposed on public property in a wrecked, inoperative, or
411partially dismantled condition or has no apparent intrinsic
412value to the rightful owner. The term includes derelict vessels
413as defined in s. 823.11(1) Vessels determined to be derelict by
414the Fish and Wildlife Conservation Commission or a county or
415municipality in accordance with the provisions of s. 823.11 are
416included within this definition.
417     Section 10.  Subsection (4) of section 705.103, Florida
418Statutes, is amended to read:
419     705.103  Procedure for abandoned or lost property.--
420     (4)  The owner of any abandoned or lost property who, after
421notice as provided in this section, does not remove such
422property within the specified period shall be liable to the law
423enforcement agency for all costs of removal, storage, and
424destruction of such property, less any salvage value obtained by
425disposal of the property. Upon final disposition of the
426property, the law enforcement officer shall notify the owner, if
427known, of the amount owed. In the case of an abandoned vessel
428boat or motor vehicle, any person who neglects or refuses to pay
429such amount is not entitled to be issued a certificate of
430registration for such vessel boat or motor vehicle, or any other
431vessel boat or motor vehicle, until such costs have been paid.
432The law enforcement officer shall supply the Department of
433Highway Safety and Motor Vehicles with a list of persons whose
434vessel boat registration privileges or whose motor vehicle
435privileges have been revoked under this subsection. Neither the
436department nor any other person acting as agent thereof shall
437issue a certificate of registration to a person whose vessel
438boat or motor vehicle registration privileges have been revoked,
439as provided by this subsection, until such costs have been paid.
440     Section 11.  Section 823.11, Florida Statutes, is amended
441to read:
442     823.11  Abandoned and derelict vessels; removal; penalty.--
443     (1)  "Derelict vessel" means any vessel, as defined in s.
444327.02, that is left stored or abandoned:
445     (a)  In a wrecked, junked, or substantially dismantled
446condition upon any public waters of this state.
447     (b)  At any port in this state without the consent of the
448agency having jurisdiction thereof.
449     (c)  Docked or grounded at or beached upon the property of
450another without the consent of the owner of the property.
451     (2)  It is unlawful for any person, firm, or corporation to
452store, leave, or abandon any derelict vessel as defined in this
453section in this state or leave any vessel as defined by maritime
454law in a wrecked, junked, or substantially dismantled condition
455or abandoned upon or in any public water or at any port in this
456state without the consent of the agency having jurisdiction
457thereof, or docked at any private property without the consent
458of the owner of such property.
459     (3)(a)(2)  The Fish and Wildlife Conservation Commission
460and its officers and all law enforcement officers as specified
461in s. 327.70 are is designated as the agency of the state
462authorized and empowered to remove or cause to be removed any
463abandoned or derelict vessel from public waters in any instance
464when the same obstructs or threatens to obstruct navigation or
465in any way constitutes a danger to the environment. Removal of
466vessels pursuant to this section may be funded by grants
467provided in ss. 206.606 and 376.15. The Fish and Wildlife
468Conservation Commission is directed to implement a plan for the
469procurement of any available federal disaster funds and to use
470such funds for the removal of derelict vessels. All costs
471incurred by the commission or other law enforcement agency in
472the removal of any abandoned or derelict vessel as set out above
473shall be recoverable against the owner thereof. The Department
474of Legal Affairs shall represent the commission in such actions.
475As provided in s. 705.103(4), any person who neglects or refuses
476to pay such amount is not entitled to be issued a certificate of
477registration for such vessel or for any other vessel or motor
478vehicle until the costs have been paid.
479     (b)  When a derelict vessel is docked or grounded at or
480beached upon private property without the consent of the owner
481of the property, the owner of the property may remove the vessel
482at the vessel owner's expense 60 days after compliance with the
483notice requirements specified in s. 328.17(5). The private
484property owner may not hinder reasonable efforts by the vessel
485owner or agent to remove the vessel. Any notice given pursuant
486to this paragraph shall be presumed delivered when it is
487deposited with the United States Postal Service, certified, and
488properly addressed with prepaid postage. Pursuant to an
489agreement with the governing body of a county or municipality,
490and upon a finding by the commission that the county or
491municipality is competent to undertake said responsibilities,
492the commission may delegate to the county or municipality its
493authority to remove or cause to be removed an abandoned or
494derelict vessel from public waters within the county or
495municipality.
496     (4)(3)  Any person, firm, or corporation violating this act
497commits is guilty of a misdemeanor of the first degree and shall
498be punished as provided by law. Conviction under this section
499shall not bar the assessment and collection of the civil penalty
500provided in s. 376.16 for violation of s. 376.15. The court
501having jurisdiction over the criminal offense, notwithstanding
502any jurisdictional limitations on the amount in controversy, may
503order the imposition of such civil penalty in addition to any
504sentence imposed for the first criminal offense.
505     Section 12.  This act shall take effect July 1, 2006.


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