Florida Senate - 2014                      CS for CS for SB 1594
       
       
        
       By the Committees on Criminal Justice; and Environmental
       Preservation and Conservation; and Senators Bradley, Dean, and
       Latvala
       
       
       
       591-03485-14                                          20141594c2
    1                        A bill to be entitled                      
    2         An act relating to vessel safety; amending s. 327.44,
    3         F.S.; defining terms; authorizing the Fish and
    4         Wildlife Conservation Commission and certain law
    5         enforcement agencies or officers to relocate or remove
    6         vessels that unreasonably or unnecessarily constitute
    7         a navigational hazard or interfere with another
    8         vessel; exempting the commission or a law enforcement
    9         agency or officer from liability for damages to such a
   10         vessel caused by the relocation or removal thereof;
   11         providing an exception; specifying requirements for
   12         contractors relocating or removing a vessel at the
   13         direction of the commission or a law enforcement
   14         agency or officer; providing that the commission or a
   15         law enforcement agency may recover from the vessel
   16         owner its costs for the relocation or removal of such
   17         vessel; requiring the Department of Legal Affairs to
   18         represent the commission in actions to recover such
   19         costs; amending ss. 376.15 and 823.11, F.S.; defining
   20         terms; authorizing the commission and certain law
   21         enforcement agencies and officers to relocate or
   22         remove a derelict vessel from public waters; exempting
   23         the commission or a law enforcement agency or officer
   24         from liability for damages to such a vessel caused by
   25         the relocation or removal thereof; providing an
   26         exception; expanding costs recoverable by the
   27         commission or a law enforcement agency against the
   28         owner of a derelict vessel for the relocation or
   29         removal thereof; specifying requirements for
   30         contractors relocating or removing a vessel at the
   31         direction of the commission or a law enforcement
   32         agency or officer; abrogating the power of the
   33         commission to remove certain abandoned vessels and
   34         recover its costs therefor; conforming a cross
   35         reference; amending ss. 376.11 and 705.101, F.S.;
   36         conforming cross-references; providing an effective
   37         date.
   38          
   39  Be It Enacted by the Legislature of the State of Florida:
   40  
   41         Section 1. Section 327.44, Florida Statutes, is amended to
   42  read:
   43         327.44 Interference with navigation; relocation or removal;
   44  recovery of costs.—
   45         (1) As used in this section, the term:
   46         (a) “Gross negligence” means conduct so reckless or wanting
   47  in care that it constituted a conscious disregard or
   48  indifference to the safety of the property exposed to such
   49  conduct.
   50         (b) “Willful misconduct” means conduct evidencing
   51  carelessness or negligence of such a degree or recurrence as to
   52  manifest culpability, wrongful intent, or evil design or to show
   53  an intentional and substantial disregard of the interests of the
   54  vessel owner.
   55         (2) No person shall anchor, operate, or permit to be
   56  anchored, except in case of emergency, or operated a vessel or
   57  carry on any prohibited activity in a manner which shall
   58  unreasonably or unnecessarily constitute a navigational hazard
   59  or interfere with another vessel. Anchoring under bridges or in
   60  or adjacent to heavily traveled channels shall constitute
   61  interference if unreasonable under the prevailing circumstances.
   62         (3) The commission, officers of the commission, and any law
   63  enforcement agency or officer specified in s. 327.70 are
   64  authorized and empowered to relocate, remove, or cause to be
   65  relocated or removed a vessel that unreasonably or unnecessarily
   66  constitutes a navigational hazard or interferes with another
   67  vessel. The commission, officers of the commission, or any other
   68  law enforcement agency or officer acting under this subsection
   69  to relocate, remove, or cause to be relocated or removed a
   70  vessel that unreasonably or unnecessarily constitutes a
   71  navigational hazard or interferes with another vessel shall be
   72  held harmless for all damages to the vessel resulting from such
   73  relocation or removal unless the damage results from gross
   74  negligence or willful misconduct.
   75         (4) A contractor performing relocation or removal
   76  activities at the direction of the commission, officers of the
   77  commission, or a law enforcement agency or officer pursuant to
   78  this section must be licensed in accordance with applicable
   79  United States Coast Guard regulations where required; obtain and
   80  carry in full force and effect a policy from a licensed
   81  insurance carrier in this state to insure against any accident,
   82  loss, injury, property damage, or other casualty caused by or
   83  resulting from the contractor’s actions; and be properly
   84  equipped to perform the services to be provided.
   85         (5) All costs, including costs owed to a third party,
   86  incurred by the commission or other law enforcement agency in
   87  the relocation or removal of a vessel that unreasonably or
   88  unnecessarily constitutes a navigational hazard or interferes
   89  with another vessel are recoverable against the vessel owner.
   90  The Department of Legal Affairs shall represent the commission
   91  in actions to recover such costs.
   92         Section 2. Section 376.15, Florida Statutes, is amended to
   93  read:
   94         376.15 Derelict vessels; relocation or removal from public
   95  waters.—
   96         (1) As used in this section, the term:
   97         (a) “Commission” means the Fish and Wildlife Conservation
   98  Commission.
   99         (b) “Gross negligence” means conduct so reckless or wanting
  100  in care that it constituted a conscious disregard or
  101  indifference to the safety of the property exposed to such
  102  conduct.
  103         (c) “Willful misconduct” means conduct evidencing
  104  carelessness or negligence of such a degree or recurrence as to
  105  manifest culpability, wrongful intent, or evil design or to show
  106  an intentional and substantial disregard of the interests of the
  107  vessel owner.
  108         (2)(1) It is unlawful for any person, firm, or corporation
  109  to store, leave, or abandon any derelict vessel as defined in s.
  110  823.11 823.11(1) in this state.
  111         (3)(2)(a) The Fish and Wildlife Conservation commission,
  112  and its officers of the commission, and any all law enforcement
  113  agency or officer officers as specified in s. 327.70 are
  114  authorized and empowered to relocate, remove, or cause to be
  115  relocated or removed any derelict vessel as defined in s. 823.11
  116  823.11(1) from public waters. All costs, including costs owed to
  117  a third party, incurred by the commission or other law
  118  enforcement agency in the relocation or removal of any abandoned
  119  or derelict vessel are shall be recoverable against the owner of
  120  the vessel. The Department of Legal Affairs shall represent the
  121  commission in such actions to recover such costs.
  122         (b) The commission, officers of the commission, and any
  123  other law enforcement agency or officer specified in s. 327.70
  124  acting under this section to relocate, remove, or cause to be
  125  relocated or removed a derelict vessel from public waters shall
  126  be held harmless for all damages to the derelict vessel
  127  resulting from such relocation or removal unless the damage
  128  results from gross negligence or willful misconduct.
  129         (c) A contractor performing relocation or removal
  130  activities at the direction of the commission, officers of the
  131  commission, or a law enforcement agency or officer pursuant to
  132  this section must be licensed in accordance with applicable
  133  United States Coast Guard regulations where required; obtain and
  134  carry in full force and effect a policy from a licensed
  135  insurance carrier in this state to insure against any accident,
  136  loss, injury, property damage, or other casualty caused by or
  137  resulting from the contractor’s actions; and be properly
  138  equipped to perform the services to be provided.
  139         (d)(b) The commission may establish a program to provide
  140  grants to local governments for the removal of derelict vessels
  141  from the public waters of the state. The program shall be funded
  142  from the Florida Coastal Protection Trust Fund. Notwithstanding
  143  the provisions in s. 216.181(11), funds available for grants may
  144  only be authorized by appropriations acts of the Legislature.
  145         (e)(c) The commission shall adopt by rule procedures for
  146  submitting a grant application and criteria for allocating
  147  available funds. Such criteria shall include, but not be limited
  148  to, the following:
  149         1. The number of derelict vessels within the jurisdiction
  150  of the applicant.
  151         2. The threat posed by such vessels to public health or
  152  safety, the environment, navigation, or the aesthetic condition
  153  of the general vicinity.
  154         3. The degree of commitment of the local government to
  155  maintain waters free of abandoned and derelict vessels and to
  156  seek legal action against those who abandon vessels in the
  157  waters of the state.
  158         (f)(d) This section constitutes shall constitute the
  159  authority for such removal but is not intended to be in
  160  contravention of any applicable federal act.
  161         Section 3. Section 823.11, Florida Statutes, is amended to
  162  read:
  163         823.11 Abandoned and Derelict vessels; relocation or
  164  removal; penalty.—
  165         (1) As used in this section, the term:
  166         (a)“Commission” means the Fish and Wildlife Conservation
  167  Commission.
  168         (b) “Derelict vessel” means a any vessel, as defined in s.
  169  327.02, that is left, stored, or abandoned:
  170         1.(a) In a wrecked, junked, or substantially dismantled
  171  condition upon any public waters of this state.
  172         2.(b) At a any port in this state without the consent of
  173  the agency having jurisdiction thereof.
  174         3.(c) Docked, or grounded, at or beached upon the property
  175  of another without the consent of the owner of the property.
  176         (c) “Gross negligence” means conduct so reckless or wanting
  177  in care that it constituted a conscious disregard or
  178  indifference to the safety of the property exposed to such
  179  conduct.
  180         (d) “Willful misconduct” means conduct evidencing
  181  carelessness or negligence of such a degree or recurrence as to
  182  manifest culpability, wrongful intent, or evil design or to show
  183  an intentional and substantial disregard of the interests of the
  184  vessel owner.
  185         (2) It is unlawful for a any person, firm, or corporation
  186  to store, leave, or abandon any derelict vessel as defined in
  187  this section in this state.
  188         (3)(a) The Fish and Wildlife Conservation commission, and
  189  its officers of the commission, and any all law enforcement
  190  agency or officer officers as specified in s. 327.70 are
  191  authorized and empowered to relocate, remove, or cause to be
  192  relocated or removed a any abandoned or derelict vessel from
  193  public waters if the derelict vessel in any instance when the
  194  same obstructs or threatens to obstruct navigation or in any way
  195  constitutes a danger to the environment, property, or persons.
  196  The commission, officers of the commission, or any other law
  197  enforcement agency or officer acting under this subsection to
  198  relocate, remove, or cause to be relocated or removed a derelict
  199  vessel from public waters shall be held harmless for all damages
  200  to the derelict vessel resulting from such relocation or removal
  201  unless the damage results from gross negligence or willful
  202  misconduct.
  203         (a) Removal of derelict vessels under pursuant to this
  204  subsection section may be funded by grants provided in ss.
  205  206.606 and 376.15. The Fish and Wildlife Conservation
  206  commission shall is directed to implement a plan for the
  207  procurement of any available federal disaster funds and to use
  208  such funds for the removal of derelict vessels.
  209         (b) All costs, including costs owed to a third party,
  210  incurred by the commission or other law enforcement agency in
  211  the relocation or removal of a any abandoned or derelict vessel
  212  are as set out above shall be recoverable against the vessel
  213  owner thereof. The Department of Legal Affairs shall represent
  214  the commission in such actions to recover such costs. As
  215  provided in s. 705.103(4), a any person who neglects or refuses
  216  to pay such costs may amount is not entitled to be issued a
  217  certificate of registration for such vessel or for any other
  218  vessel or motor vehicle until such the costs have been paid.
  219         (c) A contractor performing relocation or removal
  220  activities at the direction of the commission, officers of the
  221  commission, or a law enforcement agency or officer pursuant to
  222  this section must be licensed in accordance with applicable
  223  United States Coast Guard regulations where required; obtain and
  224  carry in full force and effect a policy from a licensed
  225  insurance carrier in this state to insure against any accident,
  226  loss, injury, property damage, or other casualty caused by or
  227  resulting from the contractor’s actions; and be properly
  228  equipped to perform the services to be provided.
  229         (4)(b) When a derelict vessel is docked, or grounded, at or
  230  beached upon private property without the consent of the owner
  231  of the property, the owner of the property may remove the vessel
  232  at the vessel owner’s expense 60 days after compliance with the
  233  notice requirements specified in s. 328.17(5). The private
  234  property owner may not hinder reasonable efforts by the vessel
  235  owner or the vessel owner’s agent to remove the vessel. Any
  236  Notice given pursuant to this subsection is paragraph shall be
  237  presumed to be delivered when it is deposited with the United
  238  States Postal Service, certified, and properly addressed with
  239  prepaid postage.
  240         (5)(4)A Any person, firm, or corporation violating this
  241  section act commits a misdemeanor of the first degree and shall
  242  be punished as provided by law. A conviction under this section
  243  does shall not bar the assessment and collection of the civil
  244  penalty provided in s. 376.16 for violation of s. 376.15. The
  245  court having jurisdiction over the criminal offense,
  246  notwithstanding any jurisdictional limitations on the amount in
  247  controversy, may order the imposition of such civil penalty in
  248  addition to any sentence imposed for the first criminal offense.
  249         Section 4. Paragraph (g) of subsection (4) of section
  250  376.11, Florida Statutes, is amended to read:
  251         376.11 Florida Coastal Protection Trust Fund.—
  252         (4) Moneys in the Florida Coastal Protection Trust Fund
  253  shall be disbursed for the following purposes and no others:
  254         (g) The funding of a grant program to local governments,
  255  pursuant to s. 376.15(3)(d) and (e) 376.15(2)(b) and (c), for
  256  the removal of derelict vessels from the public waters of the
  257  state.
  258         Section 5. Subsection (3) of section 705.101, Florida
  259  Statutes, is amended to read:
  260         705.101 Definitions.—As used in this chapter:
  261         (3) “Abandoned property” means all tangible personal
  262  property that does not have an identifiable owner and that has
  263  been disposed on public property in a wrecked, inoperative, or
  264  partially dismantled condition or has no apparent intrinsic
  265  value to the rightful owner. The term includes derelict vessels
  266  as defined in s. 823.11 823.11(1).
  267         Section 6. This act shall take effect July 1, 2014.