Senate Bill sb1104e1

    CS for SB 1104                                 First Engrossed



  1                      A bill to be entitled

  2         An act relating to vessels; amending s. 328.72,

  3         F.S.; imposing an additional surcharge on the

  4         vessel registration fee to be deposited into

  5         the Marine Resources Conservation Trust Fund

  6         within the Fish and Wildlife Conservation

  7         Commission; authorizing the commission to

  8         retain a percentage of the funds to cover

  9         certain costs of the grant program; amending s.

10         376.15, F.S.; requiring that a program for the

11         removal of derelict vessels established by the

12         commission be funded in part from the Marine

13         Resources Conservation Trust Fund; providing an

14         effective date.

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16  Be It Enacted by the Legislature of the State of Florida:

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18         Section 1.  Subsection (9) of section 328.72, Florida

19  Statutes, is amended to read:

20         328.72  Classification; registration; fees and charges;

21  surcharge; disposition of fees; fines; marine turtle

22  stickers.--

23         (9)(a)  SURCHARGE.--In addition, there is hereby levied

24  and imposed on each vessel registration fee imposed under

25  subsection (1) a surcharge in the amount of $1, which shall be

26  collected in the same manner as the fee and deposited into the

27  State Agency Law Enforcement Radio System Trust Fund of the

28  Department of Management Services.

29         (b)  In addition, there is levied and imposed on each

30  vessel registration fee imposed under subsection (1) a

31  surcharge in the amount of $2, which shall be collected in the


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    CS for SB 1104                                 First Engrossed



 1  same manner as the fee and deposited into the Marine Resources

 2  Conservation Trust Fund within the Fish and Wildlife

 3  Conservation Commission for the purpose of funding the

 4  derelict vessel grant program established under s. 376.15(2).

 5  From these funds the Fish and Wildlife Conservation Commission

 6  may retain up to 10 percent to cover the administrative costs

 7  of the grant program.

 8         Section 2.  Subsection (2) of section 376.15, Florida

 9  Statutes, is amended to read:

10         376.15  Derelict vessels; removal from public waters.--

11         (2)(a)  The Fish and Wildlife Conservation Commission

12  and its officers and all law enforcement officers as specified

13  in s. 327.70 are authorized and empowered to remove any

14  derelict vessel as defined in s. 823.11(1) from public waters.

15  All costs incurred by the commission or other law enforcement

16  agency in the removal of any abandoned or derelict vessel

17  shall be recoverable against the owner of the vessel. The

18  Department of Legal Affairs shall represent the commission in

19  such actions.

20         (b)  The commission may establish a program to provide

21  grants to local governments for the removal of derelict

22  vessels from the public waters of the state. The program shall

23  be funded from the Florida Coastal Protection Trust Fund and

24  the Marine Resources Conservation Trust Fund. Notwithstanding

25  the provisions in s. 216.181(11), funds available for grants

26  may only be authorized by appropriations acts of the

27  Legislature.

28         (c)  The commission shall adopt by rule procedures for

29  submitting a grant application and criteria for allocating

30  available funds. Such criteria shall include, but not be

31  limited to, the following:


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    CS for SB 1104                                 First Engrossed



 1         1.  The number of derelict vessels within the

 2  jurisdiction of the applicant.

 3         2.  The threat posed by such vessels to public health

 4  or safety, the environment, navigation, or the aesthetic

 5  condition of the general vicinity.

 6         3.  The degree of commitment of the local government to

 7  maintain waters free of abandoned and derelict vessels and to

 8  seek legal action against those who abandon vessels in the

 9  waters of the state.

10         (d)  This section shall constitute the authority for

11  such removal but is not intended to be in contravention of any

12  applicable federal act.

13         Section 3.  This act shall take effect July 1, 2007.

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