Florida Senate - 2014 SB 1594
By Senator Bradley
7-00850C-14 20141594__
1 A bill to be entitled
2 An act relating to vessel safety; amending s. 327.44,
3 F.S.; authorizing the Fish and Wildlife Conservation
4 Commission and certain law enforcement agencies or
5 officers to relocate or remove vessels that
6 unreasonably or unnecessarily constitute a navigation
7 hazard or interfere with another vessel; exempting the
8 commission or a law enforcement agency from liability
9 for damages caused by the relocation or removal of
10 such a vessel; providing that the commission or a law
11 enforcement agency may recover from the vessel owner
12 its costs for the relocation or removal of such a
13 vessel; requiring the Department of Legal Affairs to
14 represent the commission in actions to recover such
15 costs; amending s. 823.11, F.S.; authorizing the
16 commission and certain law enforcement agencies and
17 officers to relocate or remove a derelict vessel from
18 public waters if such vessel poses a danger to
19 property or persons; exempting the commission or a law
20 enforcement agency from liability for damages caused
21 by its relocation or removal of such a vessel;
22 expanding costs recoverable by the commission or a law
23 enforcement agency against the owner of a derelict
24 vessel for the relocation or removal of such vessel;
25 abrogating the power of the commission to remove
26 certain abandoned vessels and recover its costs
27 therefor; providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Section 327.44, Florida Statutes, is amended to
32 read:
33 327.44 Interference with navigation; relocation or removal;
34 recovery of costs.—
35 (1) No person shall anchor, operate, or permit to be
36 anchored, except in case of emergency, or operated a vessel or
37 carry on any prohibited activity in a manner which shall
38 unreasonably or unnecessarily constitute a navigational hazard
39 or interfere with another vessel. Anchoring under bridges or in
40 or adjacent to heavily traveled channels shall constitute
41 interference if unreasonable under the prevailing circumstances.
42 (2) The commission, officers of the commission, and any law
43 enforcement agency or officer specified in s. 327.70 are
44 authorized and empowered to relocate, remove, or cause to be
45 relocated or removed a vessel that unreasonably or unnecessarily
46 constitutes a navigational hazard or interferes with another
47 vessel. The commission and any other law enforcement agency or
48 officer acting under this subsection to relocate, remove, or
49 cause to be relocated or removed a vessel that unreasonably or
50 unnecessarily constitutes a navigational hazard or interferes
51 with another vessel shall be held harmless for all damages
52 resulting from such relocation or removal.
53 (3) All costs, including costs owed to a third party,
54 incurred by the commission or other law enforcement agency in
55 the relocation or removal of a vessel that unreasonably or
56 unnecessarily constitutes a navigational hazard or interferes
57 with another vessel are recoverable against the vessel owner.
58 The Department of Legal Affairs shall represent the commission
59 in actions to recover such costs.
60 Section 2. Section 823.11, Florida Statutes, is amended to
61 read:
62 823.11 Abandoned and Derelict vessels; relocation and
63 removal; penalty.—
64 (1) As used in this section, the term “derelict vessel”
65 means a any vessel, as defined in s. 327.02, that is left,
66 stored, or abandoned:
67 (a) In a wrecked, junked, or substantially dismantled
68 condition upon any public waters of this state.
69 (b) At a any port in this state without the consent of the
70 agency having jurisdiction thereof.
71 (c) Docked, or grounded, at or beached upon the property of
72 another without the consent of the owner of the property.
73 (2) It is unlawful for a any person, firm, or corporation
74 to store, leave, or abandon any derelict vessel as defined in
75 this section in this state.
76 (3)(a) The Fish and Wildlife Conservation Commission, and
77 its officers of the commission, and any all law enforcement
78 agency or officer officers as specified in s. 327.70 are
79 authorized and empowered to relocate, remove, or cause to be
80 relocated or removed a any abandoned or derelict vessel from
81 public waters if the derelict vessel in any instance when the
82 same obstructs or threatens to obstruct navigation or in any way
83 constitutes a danger to the environment, property, or persons.
84 The commission or any other law enforcement agency acting under
85 this subsection to relocate, remove, or cause to be relocated or
86 removed a derelict vessel from public waters shall be held
87 harmless for all damages resulting from such relocation or
88 removal.
89 (a) Removal of derelict vessels under pursuant to this
90 subsection section may be funded by grants provided in ss.
91 206.606 and 376.15. The Fish and Wildlife Conservation
92 Commission shall is directed to implement a plan for the
93 procurement of any available federal disaster funds and to use
94 such funds for the removal of derelict vessels.
95 (b) All costs, including costs owed to a third party,
96 incurred by the commission or other law enforcement agency in
97 the relocation or removal of a any abandoned or derelict vessel
98 are as set out above shall be recoverable against the vessel
99 owner thereof. The Department of Legal Affairs shall represent
100 the commission in such actions to recover such costs. As
101 provided in s. 705.103(4), a any person who neglects or refuses
102 to pay such costs may amount is not entitled to be issued a
103 certificate of registration for such vessel or for any other
104 vessel or motor vehicle until such the costs have been paid.
105 (4)(b) When a derelict vessel is docked, or grounded, at or
106 beached upon private property without the consent of the owner
107 of the property, the owner of the property may remove the vessel
108 at the vessel owner’s expense 60 days after compliance with the
109 notice requirements specified in s. 328.17(5). The private
110 property owner may not hinder reasonable efforts by the vessel
111 owner or the vessel owner’s agent to remove the vessel. Any
112 Notice given pursuant to this subsection is paragraph shall be
113 presumed to be delivered when it is deposited with the United
114 States Postal Service, certified, and properly addressed with
115 prepaid postage.
116 (5)(4) A Any person, firm, or corporation violating this
117 section act commits a misdemeanor of the first degree and shall
118 be punished as provided by law. A conviction under this section
119 does shall not bar the assessment and collection of the civil
120 penalty provided in s. 376.16 for violation of s. 376.15. The
121 court having jurisdiction over the criminal offense,
122 notwithstanding any jurisdictional limitations on the amount in
123 controversy, may order the imposition of such civil penalty in
124 addition to any sentence imposed for the first criminal offense.
125 Section 3. This act shall take effect July 1, 2014.