Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1086
       
       
       
       
       
       
                                Ì434550ÃÎ434550                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/08/2021           .                                
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       Appropriations Subcommittee on Agriculture, Environment, and
       General Government (Hutson) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Effective October 1, 2021, paragraphs (a) and
    6  (c) of subsection (1) of section 316.1932, Florida Statutes, are
    7  amended to read:
    8         316.1932 Tests for alcohol, chemical substances, or
    9  controlled substances; implied consent; refusal.—
   10         (1)(a)1.a. A Any person who accepts the privilege extended
   11  by the laws of this state of operating a motor vehicle within
   12  this state is, by so operating such vehicle, deemed to have
   13  given his or her consent to submit to an approved chemical test
   14  or physical test including, but not limited to, an infrared
   15  light test of his or her breath for the purpose of determining
   16  the alcoholic content of his or her blood or breath if the
   17  person is lawfully arrested for any offense allegedly committed
   18  while the person was driving or was in actual physical control
   19  of a motor vehicle while under the influence of alcoholic
   20  beverages. The chemical or physical breath test must be
   21  incidental to a lawful arrest and administered at the request of
   22  a law enforcement officer who has reasonable cause to believe
   23  such person was driving or was in actual physical control of the
   24  motor vehicle within this state while under the influence of
   25  alcoholic beverages. The administration of a breath test does
   26  not preclude the administration of another type of test. The
   27  person shall be told that his or her failure to submit to any
   28  lawful test of his or her breath will result in the suspension
   29  of the person’s privilege to operate a motor vehicle for a
   30  period of 1 year for a first refusal, or for a period of 18
   31  months if the driving privilege of such person has been
   32  previously suspended or if he or she has previously been fined
   33  under s. 327.35215 as a result of a refusal to submit to such a
   34  test or tests required under this chapter or chapter 327, and
   35  shall also be told that if he or she refuses to submit to a
   36  lawful test of his or her breath and his or her driving
   37  privilege has been previously suspended or if he or she has
   38  previously been fined under s. 327.35215 for a prior refusal to
   39  submit to a lawful test of his or her breath, urine, or blood as
   40  required under this chapter or chapter 327, he or she commits a
   41  misdemeanor of the first degree, punishable as provided in s.
   42  775.082 or s. 775.083, in addition to any other penalties
   43  provided by law. The refusal to submit to a chemical or physical
   44  breath test upon the request of a law enforcement officer as
   45  provided in this section is admissible into evidence in any
   46  criminal proceeding.
   47         b. A Any person who accepts the privilege extended by the
   48  laws of this state of operating a motor vehicle within this
   49  state is, by so operating such vehicle, deemed to have given his
   50  or her consent to submit to a urine test for the purpose of
   51  detecting the presence of chemical substances as set forth in s.
   52  877.111 or controlled substances if the person is lawfully
   53  arrested for any offense allegedly committed while the person
   54  was driving or was in actual physical control of a motor vehicle
   55  while under the influence of chemical substances or controlled
   56  substances. The urine test must be incidental to a lawful arrest
   57  and administered at a detention facility or any other facility,
   58  mobile or otherwise, which is equipped to administer such tests
   59  at the request of a law enforcement officer who has reasonable
   60  cause to believe such person was driving or was in actual
   61  physical control of a motor vehicle within this state while
   62  under the influence of chemical substances or controlled
   63  substances. The urine test shall be administered at a detention
   64  facility or any other facility, mobile or otherwise, which is
   65  equipped to administer such test in a reasonable manner that
   66  will ensure the accuracy of the specimen and maintain the
   67  privacy of the individual involved. The administration of a
   68  urine test does not preclude the administration of another type
   69  of test. The person shall be told that his or her failure to
   70  submit to any lawful test of his or her urine will result in the
   71  suspension of the person’s privilege to operate a motor vehicle
   72  for a period of 1 year for the first refusal, or for a period of
   73  18 months if the driving privilege of such person has been
   74  previously suspended or if he or she has previously been fined
   75  under s. 327.35215 as a result of a refusal to submit to such a
   76  test or tests required under this chapter or chapter 327, and
   77  shall also be told that if he or she refuses to submit to a
   78  lawful test of his or her urine and his or her driving privilege
   79  has been previously suspended or if he or she has previously
   80  been fined under s. 327.35215 for a prior refusal to submit to a
   81  lawful test of his or her breath, urine, or blood as required
   82  under this chapter or chapter 327, he or she commits a
   83  misdemeanor of the first degree, punishable as provided in s.
   84  775.082 or s. 775.083, in addition to any other penalties
   85  provided by law. The refusal to submit to a urine test upon the
   86  request of a law enforcement officer as provided in this section
   87  is admissible into evidence in any criminal proceeding.
   88         2. The Alcohol Testing Program within the Department of Law
   89  Enforcement is responsible for the regulation of the operation,
   90  inspection, and registration of breath test instruments utilized
   91  under the driving and boating under the influence provisions and
   92  related provisions located in this chapter and chapters 322 and
   93  327. The program is responsible for the regulation of the
   94  individuals who operate, inspect, and instruct on the breath
   95  test instruments utilized in the driving and boating under the
   96  influence provisions and related provisions located in this
   97  chapter and chapters 322 and 327. The program is further
   98  responsible for the regulation of blood analysts who conduct
   99  blood testing to be utilized under the driving and boating under
  100  the influence provisions and related provisions located in this
  101  chapter and chapters 322 and 327. The program shall:
  102         a. Establish uniform criteria for the issuance of permits
  103  to breath test operators, agency inspectors, instructors, blood
  104  analysts, and instruments.
  105         b. Have the authority to permit breath test operators,
  106  agency inspectors, instructors, blood analysts, and instruments.
  107         c. Have the authority to discipline and suspend, revoke, or
  108  renew the permits of breath test operators, agency inspectors,
  109  instructors, blood analysts, and instruments.
  110         d. Establish uniform requirements for instruction and
  111  curricula for the operation and inspection of approved
  112  instruments.
  113         e. Have the authority to specify one approved curriculum
  114  for the operation and inspection of approved instruments.
  115         f. Establish a procedure for the approval of breath test
  116  operator and agency inspector classes.
  117         g. Have the authority to approve or disapprove breath test
  118  instruments and accompanying paraphernalia for use pursuant to
  119  the driving and boating under the influence provisions and
  120  related provisions located in this chapter and chapters 322 and
  121  327.
  122         h. With the approval of the executive director of the
  123  Department of Law Enforcement, make and enter into contracts and
  124  agreements with other agencies, organizations, associations,
  125  corporations, individuals, or federal agencies as are necessary,
  126  expedient, or incidental to the performance of duties.
  127         i. Issue final orders which include findings of fact and
  128  conclusions of law and which constitute final agency action for
  129  the purpose of chapter 120.
  130         j. Enforce compliance with the provisions of this section
  131  through civil or administrative proceedings.
  132         k. Make recommendations concerning any matter within the
  133  purview of this section, this chapter, chapter 322, or chapter
  134  327.
  135         l. Promulgate rules for the administration and
  136  implementation of this section, including definitions of terms.
  137         m. Consult and cooperate with other entities for the
  138  purpose of implementing the mandates of this section.
  139         n. Have the authority to approve the type of blood test
  140  utilized under the driving and boating under the influence
  141  provisions and related provisions located in this chapter and
  142  chapters 322 and 327.
  143         o. Have the authority to specify techniques and methods for
  144  breath alcohol testing and blood testing utilized under the
  145  driving and boating under the influence provisions and related
  146  provisions located in this chapter and chapters 322 and 327.
  147         p. Have the authority to approve repair facilities for the
  148  approved breath test instruments, including the authority to set
  149  criteria for approval.
  150  
  151  Nothing in this section shall be construed to supersede
  152  provisions in this chapter and chapters 322 and 327. The
  153  specifications in this section are derived from the power and
  154  authority previously and currently possessed by the Department
  155  of Law Enforcement and are enumerated to conform with the
  156  mandates of chapter 99-379, Laws of Florida.
  157         (c) A Any person who accepts the privilege extended by the
  158  laws of this state of operating a motor vehicle within this
  159  state is, by operating such vehicle, deemed to have given his or
  160  her consent to submit to an approved blood test for the purpose
  161  of determining the alcoholic content of the blood or a blood
  162  test for the purpose of determining the presence of chemical
  163  substances or controlled substances as provided in this section
  164  if there is reasonable cause to believe the person was driving
  165  or in actual physical control of a motor vehicle while under the
  166  influence of alcoholic beverages or chemical or controlled
  167  substances and the person appears for treatment at a hospital,
  168  clinic, or other medical facility and the administration of a
  169  breath or urine test is impractical or impossible. As used in
  170  this paragraph, the term “other medical facility” includes an
  171  ambulance or other medical emergency vehicle. The blood test
  172  shall be performed in a reasonable manner. A Any person who is
  173  incapable of refusal by reason of unconsciousness or other
  174  mental or physical condition is deemed not to have withdrawn his
  175  or her consent to such test. A blood test may be administered
  176  whether or not the person is told that his or her failure to
  177  submit to such a blood test will result in the suspension of the
  178  person’s privilege to operate a motor vehicle upon the public
  179  highways of this state and that a refusal to submit to a lawful
  180  test of his or her blood, if his or her driving privilege has
  181  been previously suspended for refusal to submit to a lawful test
  182  of his or her breath, urine, or blood, is a misdemeanor. A Any
  183  person who is capable of refusal shall be told that his or her
  184  failure to submit to such a blood test will result in the
  185  suspension of the person’s privilege to operate a motor vehicle
  186  for a period of 1 year for a first refusal, or for a period of
  187  18 months if the driving privilege of the person has been
  188  suspended previously or if he or she has previously been fined
  189  under s. 327.35215 as a result of a refusal to submit to such a
  190  test or tests required under this chapter or chapter 327, and
  191  that a refusal to submit to a lawful test of his or her blood,
  192  if his or her driving privilege has been previously suspended
  193  for a prior refusal to submit to a lawful test of his or her
  194  breath, urine, or blood, is a misdemeanor. The refusal to submit
  195  to a blood test upon the request of a law enforcement officer is
  196  admissible in evidence in any criminal proceeding.
  197         Section 2. Effective October 1, 2021, subsection (1) of
  198  section 316.1939, Florida Statutes, is amended to read:
  199         316.1939 Refusal to submit to testing; penalties.—
  200         (1) A Any person who has refused to submit to a chemical or
  201  physical test of his or her breath, blood, or urine, as
  202  described in s. 316.1932, and whose driving privilege was
  203  previously suspended or who was previously fined under s.
  204  327.35215 for a prior refusal to submit to a lawful test of his
  205  or her breath, urine, or blood required under this chapter or
  206  chapter 327, and:
  207         (a) Who the arresting law enforcement officer had probable
  208  cause to believe was driving or in actual physical control of a
  209  motor vehicle in this state while under the influence of
  210  alcoholic beverages, chemical substances, or controlled
  211  substances;
  212         (b) Who was placed under lawful arrest for a violation of
  213  s. 316.193 unless such test was requested pursuant to s.
  214  316.1932(1)(c);
  215         (c) Who was informed that, if he or she refused to submit
  216  to such test, his or her privilege to operate a motor vehicle
  217  would be suspended for a period of 1 year or, in the case of a
  218  second or subsequent refusal, for a period of 18 months;
  219         (d) Who was informed that a refusal to submit to a lawful
  220  test of his or her breath or, urine, or blood, if his or her
  221  driving privilege has been previously suspended or if he or she
  222  has previously been fined under s. 327.35215 for a prior refusal
  223  to submit to a lawful test of his or her breath, urine, or blood
  224  as required under this chapter or chapter 327, is a misdemeanor
  225  of the first degree, punishable as provided in s. 775.082 or s.
  226  775.083, in addition to any other penalties provided by law; and
  227         (e) Who, after having been so informed, refused to submit
  228  to any such test when requested to do so by a law enforcement
  229  officer or correctional officer commits a misdemeanor of the
  230  first degree and is subject to punishment as provided in s.
  231  775.082 or s. 775.083.
  232         Section 3. Present subsections (18) through (47) of section
  233  327.02, Florida Statutes, are redesignated as subsections (19)
  234  through (48), respectively, a new subsection (18) is added to
  235  that section, and present subsection (31) of that section is
  236  amended, to read:
  237         327.02 Definitions.—As used in this chapter and in chapter
  238  328, unless the context clearly requires a different meaning,
  239  the term:
  240         (18)“Human-powered vessel” means a vessel powered only by
  241  its occupant or occupants, including, but not limited to, a
  242  vessel powered only by the occupants’ hands or feet, oars, or
  243  paddles.
  244         (32)(31) “Navigation rules” means, for vessels on:
  245         (a) Waters outside established navigational lines of
  246  demarcation as specified in 33 C.F.R. part 80, the International
  247  Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended,
  248  including the appendix and annexes thereto, through December 31,
  249  2020 October 1, 2012.
  250         (b) All waters not outside of such established lines of
  251  demarcation, the Inland Navigational Rules Act of 1980, 33
  252  C.F.R. parts 83-90, as amended, through December 31, 2020
  253  October 1, 2012.
  254         Section 4. Section 327.04, Florida Statutes, is amended to
  255  read:
  256         327.04 Rules.—The commission may has authority to adopt
  257  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  258  provisions of this chapter, the provisions of chapter 705
  259  relating to vessels, and ss. 376.15 and 823.11 conferring powers
  260  or duties upon it.
  261         Section 5. Section 327.462, Florida Statutes, is created to
  262  read:
  263         327.462Temporary protection zones for spaceflight launches
  264  and recovery of spaceflight assets.—
  265         (1)As used in this section, the term:
  266         (a)“Launch services” means the conduct of a launch and
  267  activities involved in the preparation of a launch vehicle,
  268  payload, government astronaut, commercial astronaut, or
  269  spaceflight participant for such launch.
  270         (b)“Reentry services” means the conduct of a reentry and
  271  activities involved in the preparation of a reentry vehicle,
  272  payload, government astronaut, commercial astronaut, or
  273  spaceflight participant for such reentry.
  274         (c)“Spaceflight assets” means any item, or any part of an
  275  item, owned by a spaceflight entity which is used in launch
  276  services or reentry services, including crewed and uncrewed
  277  spacecraft, launch vehicles, parachutes and other landing aids,
  278  and any spacecraft or ancillary equipment that was attached to
  279  the launch vehicle during launch, orbit, or reentry.
  280         (d)“Spaceflight entity” has the same meaning as provided
  281  in s. 331.501.
  282         (2)The head of a law enforcement agency or entity
  283  identified in s. 327.70(1), or his or her designee, may, upon
  284  waters of this state within the law enforcement agency’s or
  285  entity’s jurisdiction, when necessary for preparations in
  286  advance of a launch service or reentry service or for the
  287  recovery of spaceflight assets before or after a launch service
  288  or reentry service, temporarily establish a protection zone
  289  requiring vessels to leave, or prohibiting vessels from
  290  entering, water bodies within:
  291         (a)Five hundred yards of where launch services, reentry
  292  services, or spaceflight asset recovery operations are being
  293  conducted; or
  294         (b)A distance greater than provided in paragraph (a) if
  295  the head of such law enforcement agency or entity, or his or her
  296  designee, determines such greater distance is in the best
  297  interest of public safety.
  298         (3)A protection zone established under subsection (2) may
  299  remain in effect only as long as necessary to ensure security
  300  around the launch and recovery areas and to recover spaceflight
  301  assets and any personnel being transported within a spacecraft
  302  following the launch or reentry activity. Such protection zone
  303  may not be in place more than 72 hours before or 72 hours after
  304  the launch. The head of a law enforcement agency or entity
  305  identified in s. 327.70, or his or her designee:
  306         (a)May also restrict vessels from operating within up to
  307  500 yards of any vessel transporting recovered spaceflight
  308  assets following a spaceflight launch or reentry while such
  309  vessel is continuously underway transporting such assets to a
  310  location for removal from the waters of this state; and
  311         (b)May not restrict vessel movement within the Florida
  312  Intracoastal Waterway, except as necessary during the transport
  313  of spaceflight assets to or from port or during exigent
  314  circumstances.
  315         (4)The head of a law enforcement agency or entity
  316  establishing a protection zone under this section, or his or her
  317  designee, must report the establishment of such protection zone
  318  via e-mail to the commission’s Division of Law Enforcement,
  319  Boating and Waterways Section, and to the appropriate United
  320  States Coast Guard Sector Command having responsibility over the
  321  water body, at least 72 hours before establishment of the
  322  protection zone. Such report must include the reasons for the
  323  protection zone, the portion of the water body or water bodies
  324  which will be included in the protection zone, and the duration
  325  of the protection zone. No later than 72 hours after the end of
  326  the protection zone period, the head of the law enforcement
  327  agency or entity, or his or her designee, must report via e-mail
  328  to the commission’s Division of Law Enforcement, Boating and
  329  Waterways Section, the details of all citations issued for
  330  violating the protection zone.
  331         (5)This section applies only to launch services, reentry
  332  services, or the recovery of spaceflight assets occurring or
  333  originating within spaceport territory, as defined in s.
  334  331.304, and to federally licensed or federally authorized
  335  launches and reentries occurring or transiting to an end
  336  destination upon waters of this state.
  337         (6)A person who violates this section or any directive
  338  given by a law enforcement officer relating to the establishment
  339  of a protection zone under this section after being advised of
  340  the establishment of the protection zone commits a misdemeanor
  341  of the second degree, punishable as provided in s. 775.082 or s.
  342  775.083.
  343         Section 6. Effective October 1, 2021, paragraphs (a) and
  344  (c) of subsection (1) of section 327.352, Florida Statutes, are
  345  amended to read:
  346         327.352 Tests for alcohol, chemical substances, or
  347  controlled substances; implied consent; refusal.—
  348         (1)(a)1. The Legislature declares that the operation of a
  349  vessel is a privilege that must be exercised in a reasonable
  350  manner. In order to protect the public health and safety, it is
  351  essential that a lawful and effective means of reducing the
  352  incidence of boating while impaired or intoxicated be
  353  established. Therefore, a any person who accepts the privilege
  354  extended by the laws of this state of operating a vessel within
  355  this state is, by so operating such vessel, deemed to have given
  356  his or her consent to submit to an approved chemical test or
  357  physical test including, but not limited to, an infrared light
  358  test of his or her breath for the purpose of determining the
  359  alcoholic content of his or her blood or breath if the person is
  360  lawfully arrested for any offense allegedly committed while the
  361  person was operating a vessel while under the influence of
  362  alcoholic beverages. The chemical or physical breath test must
  363  be incidental to a lawful arrest and administered at the request
  364  of a law enforcement officer who has reasonable cause to believe
  365  such person was operating the vessel within this state while
  366  under the influence of alcoholic beverages. The administration
  367  of a breath test does not preclude the administration of another
  368  type of test. The person shall be told that his or her failure
  369  to submit to any lawful test of his or her breath under this
  370  chapter will result in a civil penalty of $500, and shall also
  371  be told that if he or she refuses to submit to a lawful test of
  372  his or her breath and he or she has been previously fined under
  373  s. 327.35215 or has previously had his or her driver license
  374  suspended under s. 322.2615 for refusal to submit to any lawful
  375  test of his or her breath, urine, or blood, he or she commits a
  376  misdemeanor of the first degree, punishable as provided in s.
  377  775.082 or s. 775.083, in addition to any other penalties
  378  provided by law. The refusal to submit to a chemical or physical
  379  breath test upon the request of a law enforcement officer as
  380  provided in this section is admissible into evidence in any
  381  criminal proceeding.
  382         2. A Any person who accepts the privilege extended by the
  383  laws of this state of operating a vessel within this state is,
  384  by so operating such vessel, deemed to have given his or her
  385  consent to submit to a urine test for the purpose of detecting
  386  the presence of chemical substances as set forth in s. 877.111
  387  or controlled substances if the person is lawfully arrested for
  388  any offense allegedly committed while the person was operating a
  389  vessel while under the influence of chemical substances or
  390  controlled substances. The urine test must be incidental to a
  391  lawful arrest and administered at a detention facility or any
  392  other facility, mobile or otherwise, which is equipped to
  393  administer such tests at the request of a law enforcement
  394  officer who has reasonable cause to believe such person was
  395  operating a vessel within this state while under the influence
  396  of chemical substances or controlled substances. The urine test
  397  shall be administered at a detention facility or any other
  398  facility, mobile or otherwise, which is equipped to administer
  399  such test in a reasonable manner that will ensure the accuracy
  400  of the specimen and maintain the privacy of the individual
  401  involved. The administration of a urine test does not preclude
  402  the administration of another type of test. The person shall be
  403  told that his or her failure to submit to any lawful test of his
  404  or her urine under this chapter will result in a civil penalty
  405  of $500, and shall also be told that if he or she refuses to
  406  submit to a lawful test of his or her urine and he or she has
  407  been previously fined under s. 327.35215 or has previously had
  408  his or her driver license suspended under s. 322.2615 for
  409  refusal to submit to any lawful test of his or her breath,
  410  urine, or blood, he or she commits a misdemeanor of the first
  411  degree, punishable as provided in s. 775.082 or s. 775.083, in
  412  addition to any other penalties provided by law. The refusal to
  413  submit to a urine test upon the request of a law enforcement
  414  officer as provided in this section is admissible into evidence
  415  in any criminal proceeding.
  416         (c) A Any person who accepts the privilege extended by the
  417  laws of this state of operating a vessel within this state is,
  418  by operating such vessel, deemed to have given his or her
  419  consent to submit to an approved blood test for the purpose of
  420  determining the alcoholic content of the blood or a blood test
  421  for the purpose of determining the presence of chemical
  422  substances or controlled substances as provided in this section
  423  if there is reasonable cause to believe the person was operating
  424  a vessel while under the influence of alcoholic beverages or
  425  chemical or controlled substances and the person appears for
  426  treatment at a hospital, clinic, or other medical facility and
  427  the administration of a breath or urine test is impractical or
  428  impossible. As used in this paragraph, the term “other medical
  429  facility” includes an ambulance or other medical emergency
  430  vehicle. The blood test shall be performed in a reasonable
  431  manner. A Any person who is incapable of refusal by reason of
  432  unconsciousness or other mental or physical condition is deemed
  433  not to have withdrawn his or her consent to such test. A Any
  434  person who is capable of refusal shall be told that his or her
  435  failure to submit to such a blood test will result in a civil
  436  penalty of $500 and that a refusal to submit to a lawful test of
  437  his or her blood, if he or she has previously been fined for
  438  refusal to submit to any lawful test of his or her breath,
  439  urine, or blood, is a misdemeanor. The refusal to submit to a
  440  blood test upon the request of a law enforcement officer shall
  441  be admissible in evidence in any criminal proceeding.
  442         Section 7. Effective October 1, 2021, section 327.359,
  443  Florida Statutes, is amended to read:
  444         327.359 Refusal to submit to testing; penalties.—A Any
  445  person who has refused to submit to a chemical or physical test
  446  of his or her breath, blood, or urine, as described in s.
  447  327.352, and who has been previously fined under s. 327.35215 or
  448  has previously had his or her driver license suspended under s.
  449  322.2615 for refusal to submit to a lawful test of his or her
  450  breath, urine, or blood, and:
  451         (1) Who the arresting law enforcement officer had probable
  452  cause to believe was operating or in actual physical control of
  453  a vessel in this state while under the influence of alcoholic
  454  beverages, chemical substances, or controlled substances;
  455         (2) Who was placed under lawful arrest for a violation of
  456  s. 327.35 unless such test was requested pursuant to s.
  457  327.352(1)(c);
  458         (3) Who was informed that if he or she refused to submit to
  459  such test, he or she is subject to a fine of $500;
  460         (4) Who was informed that a refusal to submit to a lawful
  461  test of his or her breath or, urine, or blood, if he or she has
  462  been previously fined under s. 327.35215 or has previously had
  463  his or her driver license suspended under s. 322.2615 for
  464  refusal to submit to a lawful test of his or her breath, urine,
  465  or blood, is a misdemeanor of the first degree, punishable as
  466  provided in s. 775.082 or s. 775.083; and
  467         (5) Who, after having been so informed, refused to submit
  468  to any such test when requested to do so by a law enforcement
  469  officer or correctional officer commits a misdemeanor of the
  470  first degree, punishable and is subject to punishment as
  471  provided in s. 775.082 or s. 775.083.
  472         Section 8. Section 327.371, Florida Statutes, is created to
  473  read:
  474         327.371Human-powered vessels regulated.—
  475         (1)A person may operate a human-powered vessel within the
  476  boundaries of the marked channel of the Florida Intracoastal
  477  Waterway as defined in s. 327.02:
  478         (a)When the marked channel is the only navigable portion
  479  of the waterway available due to vessel congestion or
  480  obstructions on the water. The operator of the human-powered
  481  vessel shall proceed with diligence to a location where he or
  482  she may safely operate the vessel outside the marked channel of
  483  the Florida Intracoastal Waterway.
  484         (b)When crossing the marked channel, provided that the
  485  crossing is done in the most direct, continuous, and expeditious
  486  manner possible and does not interfere with other vessel traffic
  487  in the channel.
  488         (c)During an emergency endangering life or limb.
  489         (2)A person may not operate a human-powered vessel in the
  490  marked channel of the Florida Intracoastal Waterway except as
  491  provided in subsection (1).
  492         (3)A person who violates this section commits a
  493  noncriminal infraction, punishable as provided in s. 327.73.
  494         Section 9. Subsection (1) and paragraphs (a) and (b) of
  495  subsection (5) of section 327.391, Florida Statutes, are amended
  496  to read:
  497         327.391 Airboats regulated.—
  498         (1) The exhaust of every internal combustion engine used on
  499  any airboat operated on the waters of this state shall be
  500  provided with an automotive-style factory muffler, underwater
  501  exhaust, or other manufactured device capable of adequately
  502  muffling the sound of the exhaust of the engine as described in
  503  s. 327.02(31) s. 327.02(30). The use of cutouts or flex pipe as
  504  the sole source of muffling is prohibited, except as provided in
  505  subsection (4). A Any person who violates this subsection
  506  commits a noncriminal infraction, punishable as provided in s.
  507  327.73(1).
  508         (5)(a) Beginning July 1, 2019, A person may not operate an
  509  airboat to carry one or more passengers for hire on waters of
  510  this the state unless he or she has all of the following onboard
  511  the airboat:
  512         1. A photographic identification card.
  513         2. Proof of completion of a boater education course that
  514  complies with s. 327.395(2)(a) s. 327.395(1)(a). Except as
  515  provided in paragraph (b), no operator is exempt from this
  516  requirement, regardless of age or the exemptions provided under
  517  s. 327.395.
  518         3. Proof of successful completion of a commission-approved
  519  airboat operator course that meets the minimum standards
  520  established by commission rule.
  521         4. Proof of successful course completion in cardiopulmonary
  522  resuscitation and first aid.
  523         (b) A person issued a captain’s license by the United
  524  States Coast Guard is not required to complete a boating safety
  525  education course that complies with s. 327.395(2)(a) s.
  526  327.395(1)(a). Proof of the captain’s license must be onboard
  527  the airboat when carrying one or more passengers for hire on
  528  waters of this the state.
  529         Section 10. Section 327.395, Florida Statutes, is amended
  530  to read:
  531         327.395 Boating safety education.—
  532         (1) A person born on or after January 1, 1988, may not
  533  operate a vessel powered by a motor of 10 horsepower or greater
  534  unless such person has in his or her possession aboard the
  535  vessel the documents required by subsection (2).
  536         (2)While operating a vessel, a person identified under
  537  subsection (1) must have in his or her possession aboard the
  538  vessel photographic identification and a Florida boating safety
  539  identification card issued by the commission;, a state-issued
  540  identification card or driver license indicating possession of
  541  the Florida boating safety identification card;, or photographic
  542  identification and a temporary certificate issued or approved by
  543  the commission, an International Certificate of Competency, a
  544  boating safety card or certificate from another state or United
  545  States territory, or a Canadian Pleasure Craft Operator Card,
  546  which shows that he or she has:
  547         (a) Completed a commission-approved boating safety
  548  education course that meets the minimum requirements established
  549  by the National Association of State Boating Law Administrators;
  550  or
  551         (b) Passed a temporary certificate examination developed or
  552  approved by the commission;
  553         (c)A valid International Certificate of Competency; or
  554         (d)Completed a boating safety education course or
  555  equivalency examination in another state, a United States
  556  territory, or Canada which meets or exceeds the minimum
  557  requirements established by the National Association of State
  558  Boating Law Administrators.
  559         (3)(a)(2)(a) A person may obtain a Florida boating safety
  560  identification card by successfully completing a boating safety
  561  education course that meets the requirements of this section and
  562  rules adopted by the commission pursuant to this section.
  563         (b) A person may obtain a temporary certificate by passing
  564  a temporary certificate examination that meets the requirements
  565  of this section and rules adopted by the commission pursuant to
  566  this section.
  567         (4)(3)A Any commission-approved boating safety education
  568  course or temporary certificate examination developed or
  569  approved by the commission must include a component regarding
  570  diving vessels, awareness of divers in the water, divers-down
  571  warning devices, and the requirements of s. 327.331.
  572         (4)The commission may appoint liveries, marinas, or other
  573  persons as its agents to administer the course or temporary
  574  certificate examination and issue identification cards or
  575  temporary certificates in digital, electronic, or paper format
  576  under guidelines established by the commission. An agent must
  577  charge the $2 examination fee, which must be forwarded to the
  578  commission with proof of passage of the examination and may
  579  charge and keep a $1 service fee.
  580         (5) A Florida boating safety identification card issued to
  581  a person who has completed a boating safety education course is
  582  valid for life. A temporary certificate issued to a person who
  583  has passed a temporary certification examination is valid for 90
  584  days after the date of issuance. The commission may issue either
  585  the boating safety identification card or the temporary
  586  certificate in a digital, electronic, or paper format.
  587         (6) A person is exempt from subsection (1) if he or she:
  588         (a)1. Is licensed by the United States Coast Guard to serve
  589  as master of a vessel; or
  590         2.Has been previously licensed by the United States Coast
  591  Guard to serve as master of a vessel, provides proof of such
  592  licensure to the commission, and requests that a boating safety
  593  identification card be issued in his or her name.
  594         (b) Operates a vessel only on a private lake or pond.
  595         (c) Is accompanied in the vessel by a person who is exempt
  596  from this section or who holds a boating safety identification
  597  card in compliance with this section, who is 18 years of age or
  598  older, and who is attendant to the operation of the vessel and
  599  responsible for the safe operation of the vessel and for any
  600  violation that occurs during the operation of the vessel.
  601         (d) Is a nonresident who has in his or her possession
  602  photographic identification and proof that he or she has
  603  completed a boating safety education course or equivalency
  604  examination in another state or a United States territory which
  605  meets or exceeds the minimum requirements established by the
  606  National Association of State Boating Law Administrators.
  607         (e) Is operating a vessel within 90 days after the purchase
  608  of that vessel and has available for inspection aboard that
  609  vessel a bill of sale meeting the requirements of s. 328.46(1).
  610         (f) Is operating a vessel within 90 days after completing a
  611  boating safety education course in accordance with paragraph
  612  (2)(a) the requirements of paragraph (1)(a) and has a
  613  photographic identification card and a boating safety education
  614  certificate available for inspection as proof of having
  615  completed a boating safety education course. The boating safety
  616  education certificate must provide, at a minimum, the student’s
  617  first and last name, the student’s date of birth, and the date
  618  that he or she passed the course examination.
  619         (g) Is exempted by rule of the commission.
  620         (7) A person who operates a vessel in violation of this
  621  section subsection (1) commits a noncriminal infraction,
  622  punishable as provided in s. 327.73.
  623         (8) The commission shall institute and coordinate a
  624  statewide program of boating safety instruction and
  625  certification to ensure that boating safety courses and
  626  examinations are available in each county of this the state. The
  627  commission may appoint agents to administer the boating safety
  628  education course or temporary certificate examination and may
  629  authorize the agents to issue temporary certificates in digital,
  630  electronic, or paper format. An agent The agents shall charge
  631  and collect the $2 fee required in subsection (9) for each
  632  temporary certificate requested of the commission by that agent,
  633  which must be forwarded to the commission. The agent may charge
  634  and keep a $1 service fee.
  635         (9) The commission may is authorized to establish and to
  636  collect a $2 fee for each card and temporary certificate issued
  637  pursuant to this section.
  638         (10) The commission shall design forms and adopt rules
  639  pursuant to chapter 120 to implement the provisions of this
  640  section.
  641         (11) This section may be cited as the “Osmany ‘Ozzie’
  642  Castellanos Boating Safety Education Act.”
  643         Section 11. Present subsection (5) of section 327.4107,
  644  Florida Statutes, is redesignated as subsection (6), a new
  645  subsection (5) and subsection (7) are added to that section, and
  646  paragraphs (d) and (e) of subsection (2) of that section are
  647  amended, to read:
  648         327.4107 Vessels at risk of becoming derelict on waters of
  649  this state.—
  650         (2) An officer of the commission or of a law enforcement
  651  agency specified in s. 327.70 may determine that a vessel is at
  652  risk of becoming derelict if any of the following conditions
  653  exist:
  654         (d) The vessel is left or stored aground unattended in such
  655  a state that would prevent the vessel from getting underway, is
  656  listing due to water intrusion, or is sunk or partially sunk.
  657         (e) The vessel does not have an effective means of
  658  propulsion for safe navigation within 72 hours after the vessel
  659  owner or operator receives telephonic notice, in-person notice
  660  recorded on an agency-approved body camera, or written notice,
  661  which may be provided by facsimile, electronic mail, or other
  662  electronic means, stating such from an officer, and the vessel
  663  owner or operator is unable to provide a receipt, proof of
  664  purchase, or other documentation of having ordered necessary
  665  parts for vessel repair. The commission may adopt rules to
  666  implement this paragraph.
  667         (5)The commission, an officer of the commission, or a law
  668  enforcement agency or officer specified in s. 327.70 may
  669  relocate or cause to be relocated an at-risk vessel found to be
  670  in violation of this section to a distance greater than 20 feet
  671  from a mangrove or upland vegetation. The commission, an officer
  672  of the commission, or a law enforcement agency or officer acting
  673  pursuant to this subsection upon waters of this state shall be
  674  held harmless for all damages to the at-risk vessel resulting
  675  from such relocation unless the damage results from gross
  676  negligence or willful misconduct as these terms are defined in
  677  s. 823.11.
  678         (7)The commission may establish a derelict vessel
  679  prevention program to address vessels at risk of becoming
  680  derelict. Such program may, but is not required to, include:
  681         (a)Removal, relocation, and destruction of vessels
  682  declared a public nuisance, derelict or at risk of becoming
  683  derelict, or lost or abandoned in accordance with s. 327.53(7),
  684  s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
  685         (b)Creation of a vessel turn-in program allowing the owner
  686  of a vessel determined by law enforcement to be at risk of
  687  becoming derelict in accordance with this section to turn his or
  688  her vessel and vessel title over to the commission to be
  689  destroyed without penalty.
  690         (c)Providing for removal and destruction of an abandoned
  691  vessel for which an owner cannot be identified or the owner of
  692  which is deceased and no heir is interested in acquiring the
  693  vessel.
  694         (d)Purchase of anchor line, anchors, and other equipment
  695  necessary for securing vessels at risk of becoming derelict.
  696         (e)Creating or acquiring moorings designated for securing
  697  vessels at risk of becoming derelict.
  698  
  699  The commission may adopt rules to implement this subsection.
  700  Implementation of the derelict vessel prevention program shall
  701  be subject to appropriation by the Legislature and shall be
  702  funded by the Marine Resources Conservation Trust Fund or the
  703  Florida Coastal Protection Trust Fund.
  704         Section 12. Section 327.4108, Florida Statutes, is amended
  705  to read:
  706         327.4108 Anchoring of vessels in anchoring limitation
  707  areas.—
  708         (1) The following densely populated urban areas, which have
  709  narrow state waterways, residential docking facilities, and
  710  significant recreational boating traffic, are designated as
  711  anchoring limitation areas, within which a person may not anchor
  712  a vessel at any time during the period between one-half hour
  713  after sunset and one-half hour before sunrise, except as
  714  provided in subsections (3) and (4):
  715         (a) The section of Middle River lying between Northeast
  716  21st Court and the Intracoastal Waterway in Broward County.
  717         (b) Sunset Lake in Miami-Dade County.
  718         (c) The sections of Biscayne Bay in Miami-Dade County lying
  719  between:
  720         1. Rivo Alto Island and Di Lido Island.
  721         2. San Marino Island and San Marco Island.
  722         3. San Marco Island and Biscayne Island.
  723         (2)(a)Monroe County is designated as an anchoring
  724  limitation area within which a vessel may only be anchored in
  725  the same location for a maximum of 90 days. The commission shall
  726  adopt rules to implement this subsection.
  727         (b)This subsection does not apply to an approved and
  728  permitted mooring field or to privately owned submerged land.
  729         (c)Notwithstanding the commission rules adopted pursuant
  730  to this section, the designation made by this section is not
  731  effective until Monroe County establishes 200 approved and
  732  permitted moorings.
  733         (2)To promote the public’s use and enjoyment of the
  734  designated waterway, except as provided in subsections (3) and
  735  (4), a person may not anchor a vessel at any time during the
  736  period between one-half hour after sunset and one-half hour
  737  before sunrise in an anchoring limitation area.
  738         (3) Notwithstanding subsections (1) and subsection (2), a
  739  person may anchor a vessel in an anchoring limitation area
  740  during a time that would otherwise be unlawful:
  741         (a) If the vessel suffers a mechanical failure that poses
  742  an unreasonable risk of harm to the vessel or the persons
  743  onboard unless the vessel anchors. The vessel may anchor for 3
  744  business days or until the vessel is repaired, whichever occurs
  745  first.
  746         (b) If imminent or existing weather conditions in the
  747  vicinity of the vessel pose an unreasonable risk of harm to the
  748  vessel or the persons onboard unless the vessel anchors. The
  749  vessel may anchor until weather conditions no longer pose such
  750  risk. During a hurricane or tropical storm, weather conditions
  751  are deemed to no longer pose an unreasonable risk of harm when
  752  the hurricane or tropical storm warning affecting the area has
  753  expired.
  754         (c) During events described in s. 327.48 or other special
  755  events, including, but not limited to, public music
  756  performances, local government waterfront activities, or
  757  fireworks displays. A vessel may anchor for the lesser of the
  758  duration of the special event or 3 days.
  759         (4) This section does not apply to:
  760         (a) Vessels owned or operated by a governmental entity for
  761  law enforcement, firefighting, military, or rescue purposes.
  762         (b) Construction or dredging vessels on an active job site.
  763         (c) Vessels actively engaged in commercial fishing.
  764         (d) Vessels engaged in recreational fishing if the persons
  765  onboard are actively tending hook and line fishing gear or nets.
  766         (5)(a) As used in this subsection, the term “law
  767  enforcement officer or agency” means an officer or agency
  768  authorized to enforce this section pursuant to s. 327.70.
  769         (b) A law enforcement officer or agency may remove a vessel
  770  from an anchoring limitation area and impound the vessel for up
  771  to 48 hours, or cause such removal and impoundment, if the
  772  vessel operator, after being issued a citation for a violation
  773  of this section:
  774         1. Anchors the vessel in violation of this section within
  775  12 hours after being issued the citation; or
  776         2. Refuses to leave the anchoring limitation area after
  777  being directed to do so by a law enforcement officer or agency.
  778         (c) A law enforcement officer or agency acting under this
  779  subsection to remove or impound a vessel, or to cause such
  780  removal or impoundment, shall be held harmless for any damage to
  781  the vessel resulting from such removal or impoundment unless the
  782  damage results from gross negligence or willful misconduct.
  783         (d) A contractor performing removal or impoundment services
  784  at the direction of a law enforcement officer or agency pursuant
  785  to this subsection must:
  786         1. Be licensed in accordance with United States Coast Guard
  787  regulations, as applicable.
  788         2. Obtain and carry a current policy issued by a licensed
  789  insurance carrier in this state to insure against any accident,
  790  loss, injury, property damage, or other casualty caused by or
  791  resulting from the contractor’s actions.
  792         3. Be properly equipped to perform such services.
  793         (e) In addition to the civil penalty imposed under s.
  794  327.73(1)(z), the operator of a vessel that is removed and
  795  impounded pursuant to paragraph (b) must pay all removal and
  796  storage fees before the vessel is released. A vessel removed
  797  pursuant to paragraph (b) may not be impounded for longer than
  798  48 hours.
  799         (6) A violation of this section is punishable as provided
  800  in s. 327.73(1)(z).
  801         (7) This section shall remain in effect notwithstanding the
  802  Legislature’s adoption of the commission’s recommendations for
  803  the regulation of mooring vessels outside of public mooring
  804  fields pursuant to s. 327.4105.
  805         Section 13. Paragraph (a) of subsection (1) and subsection
  806  (2) of section 327.4109, Florida Statutes, are amended to read:
  807         327.4109 Anchoring or mooring prohibited; exceptions;
  808  penalties.—
  809         (1)(a) The owner or operator of a vessel or floating
  810  structure may not anchor or moor such that the nearest approach
  811  of the anchored or moored vessel or floating structure is:
  812         1. Within 150 feet of any public or private marina, boat
  813  ramp, boatyard, or other public vessel launching or loading
  814  facility;
  815         2. Within 500 300 feet of a superyacht repair facility. For
  816  purposes of this subparagraph, the term “superyacht repair
  817  facility” means a facility that services or repairs a yacht with
  818  a water line of 120 feet or more in length; or
  819         3. Within 100 feet outward from the marked boundary of a
  820  public mooring field or a lesser distance if approved by the
  821  commission upon request of a local government within which the
  822  mooring field is located. The commission may adopt rules to
  823  implement this subparagraph.
  824         (2) Notwithstanding subsection (1), an owner or operator of
  825  a vessel may anchor or moor within 150 feet of any public or
  826  private marina, boat ramp, boatyard, or other public vessel
  827  launching or loading facility; within 500 300 feet of a
  828  superyacht repair facility; or within 100 feet outward from the
  829  marked boundary of a public mooring field if:
  830         (a) The vessel suffers a mechanical failure that poses an
  831  unreasonable risk of harm to the vessel or the persons onboard
  832  such vessel. The owner or operator of the vessel may anchor or
  833  moor for 5 business days or until the vessel is repaired,
  834  whichever occurs first.
  835         (b) Imminent or existing weather conditions in the vicinity
  836  of the vessel pose an unreasonable risk of harm to the vessel or
  837  the persons onboard such vessel. The owner or operator of the
  838  vessel may anchor or moor until weather conditions no longer
  839  pose such risk. During a hurricane or tropical storm, weather
  840  conditions are deemed to no longer pose an unreasonable risk of
  841  harm when the hurricane or tropical storm warning affecting the
  842  area has expired.
  843         Section 14. Subsection (2) of section 327.45, Florida
  844  Statutes, is amended to read:
  845         327.45 Protection zones for springs.—
  846         (2) The commission may establish by rule protection zones
  847  that restrict the speed and operation of vessels, or that
  848  prohibit the anchoring, mooring, beaching, or grounding of
  849  vessels, to protect and prevent harm to first, second, and third
  850  magnitude springs and springs groups, including their associated
  851  spring runs, as determined by the commission using the most
  852  recent Florida Geological Survey springs bulletin. This harm
  853  includes negative impacts to water quality, water quantity,
  854  hydrology, wetlands, and aquatic and wetland-dependent species.
  855         Section 15. Paragraph (b) of subsection (1) of section
  856  327.46, Florida Statutes, is amended to read:
  857         327.46 Boating-restricted areas.—
  858         (1) Boating-restricted areas, including, but not limited
  859  to, restrictions of vessel speeds and vessel traffic, may be
  860  established on the waters of this state for any purpose
  861  necessary to protect the safety of the public if such
  862  restrictions are necessary based on boating accidents,
  863  visibility, hazardous currents or water levels, vessel traffic
  864  congestion, or other navigational hazards or to protect
  865  seagrasses on privately owned submerged lands.
  866         (b) Municipalities and counties may have the authority to
  867  establish the following boating-restricted areas by ordinance,
  868  including, notwithstanding the prohibition in s. 327.60(2)(c),
  869  within the portion of the Florida Intracoastal Waterway within
  870  their jurisdiction:
  871         1. An ordinance establishing an idle speed, no wake
  872  boating-restricted area, if the area is:
  873         a. Within 500 feet of any boat ramp, hoist, marine railway,
  874  or other launching or landing facility available for use by the
  875  general boating public on waterways more than 300 feet in width
  876  or within 300 feet of any boat ramp, hoist, marine railway, or
  877  other launching or landing facility available for use by the
  878  general boating public on waterways not exceeding 300 feet in
  879  width.
  880         b. Within 500 feet of fuel pumps or dispensers at any
  881  marine fueling facility that sells motor fuel to the general
  882  boating public on waterways more than 300 feet in width or
  883  within 300 feet of the fuel pumps or dispensers at any licensed
  884  terminal facility that sells motor fuel to the general boating
  885  public on waterways not exceeding 300 feet in width.
  886         c. Inside or within 300 feet of any lock structure.
  887         2. An ordinance establishing a slow speed, minimum wake
  888  boating-restricted area if the area is:
  889         a. Within 300 feet of any bridge fender system.
  890         b. Within 300 feet of any bridge span presenting a vertical
  891  clearance of less than 25 feet or a horizontal clearance of less
  892  than 100 feet.
  893         c. On a creek, stream, canal, or similar linear waterway if
  894  the waterway is less than 75 feet in width from shoreline to
  895  shoreline.
  896         d. On a lake or pond of less than 10 acres in total surface
  897  area.
  898         e.Within the boundaries of a permitted public mooring
  899  field and a buffer around the mooring field of up to 100 feet.
  900         3. An ordinance establishing a vessel-exclusion zone if the
  901  area is:
  902         a. Designated as a public bathing beach or swim area,
  903  except that such areas may not be established within the Florida
  904  Intracoastal Waterway.
  905         b. Within 300 feet of a dam, spillway, or flood control
  906  structure.
  907         Section 16. Section 327.463, Florida Statutes, is created
  908  to read:
  909         327.463Special hazards.—
  910         (1)For purposes of this section, a vessel:
  911         (a)Is operating at slow speed, minimum wake only if it is:
  912         1.Fully off plane and completely settled into the water;
  913  and
  914         2.Proceeding without wake or with minimum wake.
  915  
  916  A vessel that is required to operate at slow speed, minimum wake
  917  may not proceed at a speed greater than a speed that is
  918  reasonable and prudent to avoid the creation of an excessive
  919  wake or other hazardous condition under the existing
  920  circumstances.
  921         (b)Is not proceeding at slow speed, minimum wake if it is:
  922         1.Operating on plane;
  923         2.In the process of coming off plane and settling into the
  924  water or getting on plane; or
  925         3.Operating at a speed that creates a wake that
  926  unreasonably or unnecessarily endangers other vessels.
  927         (2)A person may not operate a vessel faster than slow
  928  speed, minimum wake within 300 feet of any emergency vessel,
  929  including, but not limited to, a law enforcement vessel, United
  930  States Coast Guard vessel, or firefighting vessel, when such
  931  emergency vessel’s emergency lights are activated.
  932         (3)(a)A person may not operate a vessel faster than slow
  933  speed, minimum wake within 300 feet of any construction vessel
  934  or barge when the vessel or barge is displaying an orange flag
  935  from a pole extending:
  936         1.At least 10 feet above the tallest portion of the vessel
  937  or barge, indicating that the vessel or barge is actively
  938  engaged in construction operations; or
  939         2.At least 5 feet above any superstructure permanently
  940  installed upon the vessel or barge, indicating that the vessel
  941  or barge is actively engaged in construction operations.
  942         (b)A flag displayed on a construction vessel or barge
  943  pursuant to this subsection must:
  944         1.Be at least 2 feet by 3 feet in size.
  945         2.Have a wire or other stiffener or be otherwise
  946  constructed to ensure that the flag remains fully unfurled and
  947  extended in the absence of a wind or breeze.
  948         3.Be displayed so that the visibility of the flag is not
  949  obscured in any direction.
  950         (c)In periods of low visibility, including any time
  951  between 30 minutes after sunset and 30 minutes before sunrise, a
  952  person may not be cited for a violation of this subsection
  953  unless the orange flag is illuminated and visible from a
  954  distance of at least 2 nautical miles. Such illumination does
  955  not relieve the construction vessel or barge from complying with
  956  all navigation rules.
  957         (4)(a)A person operating a vessel in violation of this
  958  section commits a noncriminal infraction, punishable as provided
  959  in s. 327.73.
  960         (b)The owner of, or party who is responsible for, a
  961  construction vessel or barge who displays an orange flag on the
  962  vessel or barge when it is not actively engaged in construction
  963  operations commits a noncriminal infraction, punishable as
  964  provided in s. 327.73.
  965         (5)The speed and penalty provisions of this section do not
  966  apply to a law enforcement, firefighting, or rescue vessel that
  967  is owned or operated by a governmental entity.
  968         Section 17. Paragraph (a) of subsection (1) of section
  969  327.50, Florida Statutes, is amended to read:
  970         327.50 Vessel safety regulations; equipment and lighting
  971  requirements.—
  972         (1)(a) The owner and operator of every vessel on the waters
  973  of this state shall carry, store, maintain, and use safety
  974  equipment in accordance with current United States Coast Guard
  975  safety equipment requirements as specified in the Code of
  976  Federal Regulations, unless expressly exempted by the commission
  977  department.
  978         Section 18. Paragraph (a) of subsection (6) and subsection
  979  (7) of section 327.53, Florida Statutes, are amended, and
  980  subsection (8) is added to that section, to read:
  981         327.53 Marine sanitation.—
  982         (6)(a) A violation of this section is a noncriminal
  983  infraction, punishable as provided in s. 327.73. Each violation
  984  shall be a separate offense. The owner and operator of any
  985  vessel shall be jointly and severally liable for the civil
  986  penalty imposed pursuant to this section.
  987         (7) A Any vessel or floating structure operated or occupied
  988  on the waters of this the state in violation of this section is
  989  declared a nuisance and a hazard to public safety and health.
  990  The owner or operator of a any vessel or floating structure
  991  cited for violating this section shall, within 30 days following
  992  the issuance of the citation, correct the violation for which
  993  the citation was issued or remove the vessel or floating
  994  structure from the waters of this the state. If the violation is
  995  not corrected within the 30 days and the vessel or floating
  996  structure remains on the waters of this the state in violation
  997  of this section, law enforcement officers charged with the
  998  enforcement of this chapter under s. 327.70 shall apply to the
  999  appropriate court in the county in which the vessel or floating
 1000  structure is located, to order or otherwise cause the removal of
 1001  such vessel or floating structure from the waters of this the
 1002  state at the owner’s expense. If the owner cannot be found or
 1003  otherwise fails to pay the removal costs, the provisions of s.
 1004  328.17 shall apply. If the proceeds under s. 328.17 are not
 1005  sufficient to pay all removal costs, funds appropriated from the
 1006  Marine Resources Conservation Trust Fund pursuant to paragraph
 1007  (6)(b) or s. 328.72(15)(c) s. 328.72(16) may be used.
 1008         (8)The owner or operator of a live-aboard vessel as
 1009  defined in s. 327.02(23), or a houseboat as defined in s.
 1010  327.02(17), that is equipped with a marine sanitation device
 1011  must maintain a record of the date of each pumpout of the marine
 1012  sanitation device and the location of the pumpout station or
 1013  waste reception facility. Each record must be maintained for 1
 1014  year after the date of the pumpout.
 1015         Section 19. Subsection (2) of section 327.54, Florida
 1016  Statutes, is amended to read:
 1017         327.54 Liveries; safety regulations; penalty.—
 1018         (2) A livery may not knowingly lease, hire, or rent a any
 1019  vessel powered by a motor of 10 horsepower or greater to a any
 1020  person who is required to comply with s. 327.395, unless such
 1021  person presents to the livery photographic identification and a
 1022  valid boater safety identification card issued by the
 1023  commission, a state-issued identification card or driver license
 1024  indicating possession of the boating safety identification card,
 1025  or photographic identification and a valid temporary certificate
 1026  issued or approved by the commission as required under s.
 1027  327.395(2) s. 327.395(1), or meets the exemption provided under
 1028  s. 327.395(6)(f).
 1029         Section 20. Subsection (5) of section 327.60, Florida
 1030  Statutes, is amended to read:
 1031         327.60 Local regulations; limitations.—
 1032         (5) A local government may enact and enforce regulations to
 1033  implement the procedures for abandoned or lost property that
 1034  allow the local law enforcement agency to remove a vessel
 1035  affixed to a public dock or mooring within its jurisdiction that
 1036  is abandoned or lost property pursuant to s. 705.103(1). Such
 1037  regulation must require the local law enforcement agency to post
 1038  a written notice at least 24 hours before removing the vessel.
 1039         Section 21. Paragraphs (q), (s), and (aa) of subsection (1)
 1040  of section 327.73, Florida Statutes, are amended, and paragraphs
 1041  (cc) and (dd) are added to that subsection, to read:
 1042         327.73 Noncriminal infractions.—
 1043         (1) Violations of the following provisions of the vessel
 1044  laws of this state are noncriminal infractions:
 1045         (q) Section 327.53(1), (2), and (3), and (8), relating to
 1046  marine sanitation.
 1047         (s) Section 327.395, relating to boater safety education.
 1048  However, a person cited for violating the requirements of s.
 1049  327.395 relating to failure to have required proof of boating
 1050  safety education in his or her possession may not be convicted
 1051  if, before or at the time of a county court hearing, the person
 1052  produces proof of the boating safety education identification
 1053  card or temporary certificate for verification by the hearing
 1054  officer or the court clerk and the identification card or
 1055  temporary certificate was valid at the time the person was
 1056  cited.
 1057         (aa) Section 327.4107, relating to vessels at risk of
 1058  becoming derelict on waters of this state, for which the civil
 1059  penalty is:
 1060         1. For a first offense, $100 $50.
 1061         2. For a second offense occurring 30 days or more after a
 1062  first offense, $250 $100.
 1063         3. For a third or subsequent offense occurring 30 days or
 1064  more after a previous offense, $500 $250.
 1065  
 1066  A vessel that is the subject of three or more violations issued
 1067  pursuant to the same paragraph of s. 327.4107(2) within an 18
 1068  month period which result in dispositions other than acquittal
 1069  or dismissal shall be declared to be a public nuisance and
 1070  subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
 1071  an officer of the commission, or a law enforcement agency or
 1072  officer specified in s. 327.70 may relocate, remove, or cause to
 1073  be relocated or removed such public nuisance vessels from waters
 1074  of this state. The commission, an officer of the commission, or
 1075  a law enforcement agency or officer acting pursuant to this
 1076  paragraph upon waters of this state shall be held harmless for
 1077  all damages to the vessel resulting from such relocation or
 1078  removal unless the damage results from gross negligence or
 1079  willful misconduct as these terms are defined in s. 823.11.
 1080         (cc)Section 327.463(4)(a) and (b), relating to vessels
 1081  creating special hazards, for which the penalty is:
 1082         1.For a first offense, $50.
 1083         2.For a second offense occurring within 12 months after a
 1084  prior offense, $100.
 1085         3.For a third offense occurring within 36 months after a
 1086  prior offense, $250.
 1087         (dd)Section 327.371, relating to the regulation of human
 1088  powered vessels.
 1089  
 1090  Any person cited for a violation of any provision of this
 1091  subsection shall be deemed to be charged with a noncriminal
 1092  infraction, shall be cited for such an infraction, and shall be
 1093  cited to appear before the county court. The civil penalty for
 1094  any such infraction is $50, except as otherwise provided in this
 1095  section. Any person who fails to appear or otherwise properly
 1096  respond to a uniform boating citation shall, in addition to the
 1097  charge relating to the violation of the boating laws of this
 1098  state, be charged with the offense of failing to respond to such
 1099  citation and, upon conviction, be guilty of a misdemeanor of the
 1100  second degree, punishable as provided in s. 775.082 or s.
 1101  775.083. A written warning to this effect shall be provided at
 1102  the time such uniform boating citation is issued.
 1103         Section 22. Subsection (4) of section 328.09, Florida
 1104  Statutes, is amended to read:
 1105         328.09 Refusal to issue and authority to cancel a
 1106  certificate of title or registration.—
 1107         (4) The department may not issue a certificate of title to
 1108  an any applicant for a any vessel that has been deemed derelict
 1109  by a law enforcement officer under s. 376.15 or s. 823.11. A law
 1110  enforcement officer must inform the department in writing, which
 1111  may be provided by facsimile, electronic mail, or other
 1112  electronic means, of the vessel’s derelict status and supply the
 1113  department with the vessel title number or vessel identification
 1114  number. The department may issue a certificate of title once a
 1115  law enforcement officer has verified in writing, which may be
 1116  provided by facsimile, electronic mail, or other electronic
 1117  means, that the vessel is no longer a derelict vessel.
 1118         Section 23. Effective July 1, 2023, paragraph (e) of
 1119  subsection (3) of section 328.09, Florida Statutes, as amended
 1120  by section 12 of chapter 2019-76, Laws of Florida, is amended to
 1121  read:
 1122         328.09 Refusal to issue and authority to cancel a
 1123  certificate of title or registration.—
 1124         (3) Except as otherwise provided in subsection (4), the
 1125  department may reject an application for a certificate of title
 1126  only if:
 1127         (e) The application is for a vessel that has been deemed
 1128  derelict by a law enforcement officer under s. 376.15 or s.
 1129  823.11. In such case, a law enforcement officer must inform the
 1130  department in writing, which may be provided by facsimile, e
 1131  mail, or other electronic means, of the vessel’s derelict status
 1132  and supply the department with the vessel title number or vessel
 1133  identification number. The department may issue a certificate of
 1134  title once a law enforcement officer has verified in writing,
 1135  which may be provided by facsimile, e-mail, or other electronic
 1136  means, that the vessel is no longer a derelict vessel.
 1137         Section 24. Section 376.15, Florida Statutes, is amended to
 1138  read:
 1139         376.15 Derelict vessels; relocation or removal from public
 1140  waters of this state.—
 1141         (1) As used in this section, the term:
 1142         (a) “Commission” means the Fish and Wildlife Conservation
 1143  Commission.
 1144         (b) “Gross negligence” means conduct so reckless or wanting
 1145  in care that it constitutes a conscious disregard or
 1146  indifference to the safety of the property exposed to such
 1147  conduct.
 1148         (c) “Willful misconduct” means conduct evidencing
 1149  carelessness or negligence of such a degree or recurrence as to
 1150  manifest culpability, wrongful intent, or evil design or to show
 1151  an intentional and substantial disregard of the interests of the
 1152  vessel owner.
 1153         (2)(a) It is unlawful for any person, firm, or corporation
 1154  to store, leave, or abandon any derelict vessel as defined in s.
 1155  823.11 upon the waters of in this state. For purposes of this
 1156  paragraph, the term “leave” means to allow a vessel to remain
 1157  occupied or unoccupied on the waters of this state for more than
 1158  24 hours.
 1159         (b)Notwithstanding paragraph (a), a person who owns or
 1160  operates a vessel that becomes derelict upon the waters of this
 1161  state solely as a result of a boating accident that is reported
 1162  to law enforcement in accordance with s. 327.301 or otherwise
 1163  reported to law enforcement; a hurricane; or another sudden
 1164  event outside of his or her control may not be charged with a
 1165  violation if:
 1166         1.The individual documents for law enforcement the
 1167  specific event that led to the vessel being derelict upon the
 1168  waters of this state; and
 1169         2.The vessel has been removed from the waters of this
 1170  state or has been repaired or addressed such that it is no
 1171  longer derelict upon the waters of this state:
 1172         a.For a vessel that has become derelict as a result of a
 1173  boating accident or other sudden event outside of his or her
 1174  control, within 7 days after such accident or event; or
 1175         b.Within 45 days after the hurricane has passed over this
 1176  state.
 1177         (c)This subsection does not apply to a vessel that was
 1178  derelict upon the waters of this state before the stated
 1179  accident or event.
 1180         (3)(a) The commission, an officer officers of the
 1181  commission, or a and any law enforcement agency or officer
 1182  specified in s. 327.70 may are authorized and empowered to
 1183  relocate, remove, store, destroy, or dispose of or cause to be
 1184  relocated, or removed, stored, destroyed, or disposed of a any
 1185  derelict vessel as defined in s. 823.11 from public waters of
 1186  this state as defined in s. 327.02. All costs, including costs
 1187  owed to a third party, incurred by the commission or other law
 1188  enforcement agency in the relocation, or removal, storage,
 1189  destruction, or disposal of any abandoned or derelict vessel are
 1190  recoverable against the owner of the vessel or the party
 1191  determined to be legally responsible for the vessel being upon
 1192  the waters of this state in a derelict condition. The Department
 1193  of Legal Affairs shall represent the commission in actions to
 1194  recover such costs.
 1195         (b) The commission, an officer officers of the commission,
 1196  or a and any other law enforcement agency or officer specified
 1197  in s. 327.70 acting pursuant to under this section to relocate,
 1198  remove, store, destroy, or dispose of or cause to be relocated,
 1199  or removed, stored, destroyed, or disposed of a derelict vessel
 1200  from public waters of this state as defined in s. 327.02 shall
 1201  be held harmless for all damages to the derelict vessel
 1202  resulting from such action relocation or removal unless the
 1203  damage results from gross negligence or willful misconduct as
 1204  these terms are defined in s. 823.11.
 1205         (c) A contractor performing relocation or removal
 1206  activities at the direction of the commission, an officer
 1207  officers of the commission, or a law enforcement agency or
 1208  officer, or a governmental subdivision, when the governmental
 1209  subdivision has received authorization for the relocation or
 1210  removal from a law enforcement officer or agency pursuant to
 1211  this section, must be licensed in accordance with applicable
 1212  United States Coast Guard regulations where required; obtain and
 1213  carry in full force and effect a policy from a licensed
 1214  insurance carrier in this state to insure against any accident,
 1215  loss, injury, property damage, or other casualty caused by or
 1216  resulting from the contractor’s actions; and be properly
 1217  equipped to perform the services to be provided.
 1218         (d) The commission may establish a program to provide
 1219  grants to local governments for the removal, storage,
 1220  destruction, and disposal of derelict vessels from the public
 1221  waters of this the state as defined in s. 327.02. The program
 1222  shall be funded from the Marine Resources Conservation Trust
 1223  Fund or the Florida Coastal Protection Trust Fund.
 1224  Notwithstanding the provisions in s. 216.181(11), funds
 1225  available for grants may only be authorized by appropriations
 1226  acts of the Legislature. In a given fiscal year, if all funds
 1227  appropriated pursuant to this paragraph are not requested by and
 1228  granted to local governments for the removal, storage,
 1229  destruction, and disposal of derelict vessels by the end of the
 1230  third quarter, the Fish and Wildlife Conservation Commission may
 1231  use the remainder of the funds to remove, store, destroy, and
 1232  dispose of, or to pay private contractors to remove, store,
 1233  destroy, and dispose of, derelict vessels.
 1234         (e) The commission shall adopt by rule procedures for
 1235  submitting a grant application and criteria for allocating
 1236  available funds. Such criteria shall include, but not be limited
 1237  to, the following:
 1238         1. The number of derelict vessels within the jurisdiction
 1239  of the applicant.
 1240         2. The threat posed by such vessels to public health or
 1241  safety, the environment, navigation, or the aesthetic condition
 1242  of the general vicinity.
 1243         3. The degree of commitment of the local government to
 1244  maintain waters free of abandoned and derelict vessels and to
 1245  seek legal action against those who abandon vessels in the
 1246  waters of this the state as defined in s. 327.02.
 1247         (f) This section constitutes the authority for such removal
 1248  but is not intended to be in contravention of any applicable
 1249  federal act.
 1250         Section 25. Subsections (2) and (4) of section 705.103,
 1251  Florida Statutes, are amended to read:
 1252         705.103 Procedure for abandoned or lost property.—
 1253         (2)(a)1. Whenever a law enforcement officer ascertains
 1254  that:
 1255         a. An article of lost or abandoned property other than a
 1256  derelict vessel or a vessel declared a public nuisance pursuant
 1257  to s. 327.73(1)(aa) is present on public property and is of such
 1258  nature that it cannot be easily removed, the officer shall cause
 1259  a notice to be placed upon such article in substantially the
 1260  following form:
 1261  
 1262  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1263  PROPERTY. This property, to wit: ...(setting forth brief
 1264  description)... is unlawfully upon public property known as
 1265  ...(setting forth brief description of location)... and must be
 1266  removed within 5 days; otherwise, it will be removed and
 1267  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1268  will be liable for the costs of removal, storage, and
 1269  publication of notice. Dated this: ...(setting forth the date of
 1270  posting of notice)..., signed: ...(setting forth name, title,
 1271  address, and telephone number of law enforcement officer)....
 1272  
 1273         b.A derelict vessel or a vessel declared a public nuisance
 1274  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1275  state, the officer shall cause a notice to be placed upon such
 1276  vessel in substantially the following form:
 1277  
 1278  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1279  VESSEL. This vessel, to wit: ...(setting forth brief
 1280  description)... has been determined to be (derelict or a public
 1281  nuisance) and is unlawfully upon waters of this state
 1282  ...(setting forth brief description of location)... and must be
 1283  removed within 21 days; otherwise, it will be removed and
 1284  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1285  and other interested parties have the right to a hearing to
 1286  challenge the determination that this vessel is derelict or
 1287  otherwise in violation of the law. Please contact ...(contact
 1288  information for person who can arrange for a hearing in
 1289  accordance with this section).... The owner or the party
 1290  determined to be legally responsible for the vessel being upon
 1291  the waters of this state in a derelict condition will be liable
 1292  for the costs of removal, destruction, and disposal if this
 1293  vessel is not removed by the owner. Dated this: ...(setting
 1294  forth the date of posting of notice)..., signed: ...(setting
 1295  forth name, title, address, and telephone number of law
 1296  enforcement officer)....
 1297         2.The notices required under subparagraph 1. may Such
 1298  notice shall be not be less than 8 inches by 10 inches and shall
 1299  be sufficiently weatherproof to withstand normal exposure to the
 1300  elements. In addition to posting, the law enforcement officer
 1301  shall make a reasonable effort to ascertain the name and address
 1302  of the owner. If such is reasonably available to the officer,
 1303  she or he shall mail a copy of such notice to the owner on or
 1304  before the date of posting. If the property is a motor vehicle
 1305  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1306  the law enforcement agency shall contact the Department of
 1307  Highway Safety and Motor Vehicles in order to determine the name
 1308  and address of the owner and any person who has filed a lien on
 1309  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1310  328.15(1). On receipt of this information, the law enforcement
 1311  agency shall mail a copy of the notice by certified mail, return
 1312  receipt requested, to the owner and to the lienholder, if any,
 1313  except that a law enforcement officer who has issued a citation
 1314  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1315  derelict vessel is not required to mail a copy of the notice by
 1316  certified mail, return receipt requested, to the owner. For a
 1317  derelict vessel or a vessel declared a public nuisance pursuant
 1318  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1319  responsible party that he or she has a right to a hearing to
 1320  dispute the determination that the vessel is derelict or
 1321  otherwise in violation of the law. If a request for a hearing is
 1322  made, a state agency shall follow the processes set forth in s.
 1323  120.569. Local governmental entities shall follow the processes
 1324  set forth in s. 120.569, except that a local judge, magistrate,
 1325  or code enforcement officer may be designated to conduct such a
 1326  hearing. If, at the end of 5 days after posting the notice in
 1327  sub-subparagraph 1.a., or at the end of 21 days after posting
 1328  the notice in sub-subparagraph 1.b., and mailing such notice, if
 1329  required, the owner or any person interested in the lost or
 1330  abandoned article or articles described has not removed the
 1331  article or articles from public property or shown reasonable
 1332  cause for failure to do so, and, in the case of a derelict
 1333  vessel or a vessel declared a public nuisance pursuant to s.
 1334  327.73(1)(aa), has not requested a hearing in accordance with
 1335  this section, the following shall apply:
 1336         a.(a) For abandoned property other than a derelict vessel
 1337  or a vessel declared a public nuisance pursuant to s.
 1338  327.73(1)(aa), the law enforcement agency may retain any or all
 1339  of the property for its own use or for use by the state or unit
 1340  of local government, trade such property to another unit of
 1341  local government or state agency, donate the property to a
 1342  charitable organization, sell the property, or notify the
 1343  appropriate refuse removal service.
 1344         b.For a derelict vessel or a vessel declared a public
 1345  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1346  agency or its designee may:
 1347         (I)Remove the vessel from the waters of this state and
 1348  destroy and dispose of the vessel or authorize another
 1349  governmental entity or its designee to do so; or
 1350         (II)Authorize the vessel’s use as an artificial reef in
 1351  accordance with s. 379.249 if all necessary federal, state, and
 1352  local authorizations are received.
 1353  
 1354  A law enforcement agency or its designee may also take action as
 1355  described in this sub-subparagraph if, following a hearing
 1356  pursuant to this section, the judge, magistrate, administrative
 1357  law judge, or hearing officer has determined the vessel to be
 1358  derelict as provided in s. 823.11 or otherwise in violation of
 1359  the law in accordance with s. 327.73(1)(aa) and a final order
 1360  has been entered or the case is otherwise closed.
 1361         (b) For lost property, the officer shall take custody and
 1362  the agency shall retain custody of the property for 90 days. The
 1363  agency shall publish notice of the intended disposition of the
 1364  property, as provided in this section, during the first 45 days
 1365  of this time period.
 1366         1. If the agency elects to retain the property for use by
 1367  the unit of government, donate the property to a charitable
 1368  organization, surrender such property to the finder, sell the
 1369  property, or trade the property to another unit of local
 1370  government or state agency, notice of such election shall be
 1371  given by an advertisement published once a week for 2
 1372  consecutive weeks in a newspaper of general circulation in the
 1373  county where the property was found if the value of the property
 1374  is more than $100. If the value of the property is $100 or less,
 1375  notice shall be given by posting a description of the property
 1376  at the law enforcement agency where the property was turned in.
 1377  The notice must be posted for not less than 2 consecutive weeks
 1378  in a public place designated by the law enforcement agency. The
 1379  notice must describe the property in a manner reasonably
 1380  adequate to permit the rightful owner of the property to claim
 1381  it.
 1382         2. If the agency elects to sell the property, it must do so
 1383  at public sale by competitive bidding. Notice of the time and
 1384  place of the sale shall be given by an advertisement of the sale
 1385  published once a week for 2 consecutive weeks in a newspaper of
 1386  general circulation in the county where the sale is to be held.
 1387  The notice shall include a statement that the sale shall be
 1388  subject to any and all liens. The sale must be held at the
 1389  nearest suitable place to that where the lost or abandoned
 1390  property is held or stored. The advertisement must include a
 1391  description of the goods and the time and place of the sale. The
 1392  sale may take place no earlier than 10 days after the final
 1393  publication. If there is no newspaper of general circulation in
 1394  the county where the sale is to be held, the advertisement shall
 1395  be posted at the door of the courthouse and at three other
 1396  public places in the county at least 10 days prior to sale.
 1397  Notice of the agency’s intended disposition shall describe the
 1398  property in a manner reasonably adequate to permit the rightful
 1399  owner of the property to identify it.
 1400         (4) The owner of any abandoned or lost property, or in the
 1401  case of a derelict vessel, the owner or other party determined
 1402  to be legally responsible for the vessel being upon the waters
 1403  of this state in a derelict condition, who, after notice as
 1404  provided in this section, does not remove such property within
 1405  the specified period shall be liable to the law enforcement
 1406  agency, other governmental entity, or the agency’s or entity’s
 1407  designee for all costs of removal, storage, and destruction of
 1408  such property, less any salvage value obtained by disposal of
 1409  the property. Upon final disposition of the property, the law
 1410  enforcement officer or representative of the law enforcement
 1411  agency or other governmental entity shall notify the owner, if
 1412  known, of the amount owed. In the case of an abandoned vessel or
 1413  motor vehicle, any person who neglects or refuses to pay such
 1414  amount is not entitled to be issued a certificate of
 1415  registration for such vessel or motor vehicle, or any other
 1416  vessel or motor vehicle, until such costs have been paid. A
 1417  person who has neglected or refused to pay all costs of removal,
 1418  storage, disposal, and destruction of a vessel or motor vehicle
 1419  as provided in this section, after having been provided written
 1420  notice via certified mail that such costs are owed, and who
 1421  applies for and is issued a registration for a vessel or motor
 1422  vehicle before such costs have been paid in full commits a
 1423  misdemeanor of the first degree, punishable as provided in s.
 1424  775.082 or s. 775.083. The law enforcement officer or
 1425  representative of the law enforcement agency or other
 1426  governmental entity shall supply the Department of Highway
 1427  Safety and Motor Vehicles with a list of persons whose vessel
 1428  registration privileges and or whose motor vehicle privileges
 1429  have been revoked under this subsection. Neither The department
 1430  or a nor any other person acting as an agent of the department
 1431  may not thereof shall issue a certificate of registration to a
 1432  person whose vessel and or motor vehicle registration privileges
 1433  have been revoked, as provided by this subsection, until such
 1434  costs have been paid.
 1435         Section 26. Effective July 1, 2023, subsection (2) of
 1436  section 705.103, Florida Statutes, as amended by section 29 of
 1437  chapter 2019-76, Laws of Florida, is amended to read:
 1438         705.103 Procedure for abandoned or lost property.—
 1439         (2)(a)1. Whenever a law enforcement officer ascertains
 1440  that:
 1441         a. An article of lost or abandoned property other than a
 1442  derelict vessel or a vessel declared a public nuisance pursuant
 1443  to s. 327.73(1)(aa) is present on public property and is of such
 1444  nature that it cannot be easily removed, the officer shall cause
 1445  a notice to be placed upon such article in substantially the
 1446  following form:
 1447  
 1448  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1449  PROPERTY. This property, to wit: ...(setting forth brief
 1450  description)... is unlawfully upon public property known as
 1451  ...(setting forth brief description of location)... and must be
 1452  removed within 5 days; otherwise, it will be removed and
 1453  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1454  will be liable for the costs of removal, storage, and
 1455  publication of notice. Dated this: ...(setting forth the date of
 1456  posting of notice)..., signed: ...(setting forth name, title,
 1457  address, and telephone number of law enforcement officer)....
 1458  
 1459         b.A derelict vessel or a vessel declared a public nuisance
 1460  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1461  state, the officer shall cause a notice to be placed upon such
 1462  vessel in substantially the following form:
 1463  
 1464  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1465  VESSEL. This vessel, to wit: ...(setting forth brief description
 1466  of location)... has been determined to be (derelict or a public
 1467  nuisance) and is unlawfully upon the waters of this state
 1468  ...(setting forth brief description of location)... and must be
 1469  removed within 21 days; otherwise, it will be removed and
 1470  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1471  and other interested parties have the right to a hearing to
 1472  challenge the determination that this vessel is derelict or
 1473  otherwise in violation of the law. Please contact ...(contact
 1474  information for person who can arrange for a hearing in
 1475  accordance with this section)... The owner or the party
 1476  determined to be legally responsible for the vessel being upon
 1477  the waters of this state in a derelict condition will be liable
 1478  for the costs of removal, destruction, and disposal if this
 1479  vessel is not removed by the owner. Dated this: ...(setting
 1480  forth the date of posting of notice)..., signed: ...(setting
 1481  forth name, title, address, and telephone number of law
 1482  enforcement officer)....
 1483  
 1484         2.The notices required under subparagraph 1. may Such
 1485  notice shall be not be less than 8 inches by 10 inches and shall
 1486  be sufficiently weatherproof to withstand normal exposure to the
 1487  elements. In addition to posting, the law enforcement officer
 1488  shall make a reasonable effort to ascertain the name and address
 1489  of the owner. If such is reasonably available to the officer,
 1490  she or he shall mail a copy of such notice to the owner on or
 1491  before the date of posting. If the property is a motor vehicle
 1492  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1493  the law enforcement agency shall contact the Department of
 1494  Highway Safety and Motor Vehicles in order to determine the name
 1495  and address of the owner and any person who has filed a lien on
 1496  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1497  328.15. On receipt of this information, the law enforcement
 1498  agency shall mail a copy of the notice by certified mail, return
 1499  receipt requested, to the owner and to the lienholder, if any,
 1500  except that a law enforcement officer who has issued a citation
 1501  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1502  derelict vessel is not required to mail a copy of the notice by
 1503  certified mail, return receipt requested, to the owner. For a
 1504  derelict vessel or a vessel declared a public nuisance pursuant
 1505  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1506  responsible party that he or she has a right to a hearing to
 1507  dispute the determination that the vessel is derelict or
 1508  otherwise in violation of the law. If a request for a hearing is
 1509  made, a state agency shall follow the processes as set forth in
 1510  s. 120.569. Local governmental entities shall follow the
 1511  processes set forth in s. 120.569, except that a local judge,
 1512  magistrate, or code enforcement officer may be designated to
 1513  conduct such a hearing. If, at the end of 5 days after posting
 1514  the notice in sub-subparagraph 1.a., or at the end of 21 days
 1515  after posting the notice in sub-subparagraph 1.b., and mailing
 1516  such notice, if required, the owner or any person interested in
 1517  the lost or abandoned article or articles described has not
 1518  removed the article or articles from public property or shown
 1519  reasonable cause for failure to do so, and, in the case of a
 1520  derelict vessel or a vessel declared a public nuisance pursuant
 1521  to s. 327.73(1)(aa), has not requested a hearing in accordance
 1522  with this section, the following shall apply:
 1523         a.(a) For abandoned property other than a derelict vessel
 1524  or a vessel declared a public nuisance pursuant to s.
 1525  327.73(1)(aa), the law enforcement agency may retain any or all
 1526  of the property for its own use or for use by the state or unit
 1527  of local government, trade such property to another unit of
 1528  local government or state agency, donate the property to a
 1529  charitable organization, sell the property, or notify the
 1530  appropriate refuse removal service.
 1531         b.For a derelict vessel or a vessel declared a public
 1532  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1533  agency or its designee may:
 1534         (I)Remove the vessel from the waters of this state and
 1535  destroy and dispose of the vessel or authorize another
 1536  governmental entity or its designee to do so; or
 1537         (II)Authorize the vessel’s use as an artificial reef in
 1538  accordance with s. 379.249 if all necessary federal, state, and
 1539  local authorizations are received.
 1540  
 1541  A law enforcement agency or its designee may also take action as
 1542  described in this sub-subparagraph if, following a hearing
 1543  pursuant to this section, the judge, magistrate, administrative
 1544  law judge, or hearing officer has determined the vessel to be
 1545  derelict as provided in s. 823.11 or otherwise in violation of
 1546  the law in accordance with s. 327.73(1)(aa) and a final order
 1547  has been entered or the case is otherwise closed.
 1548         (b) For lost property, the officer shall take custody and
 1549  the agency shall retain custody of the property for 90 days. The
 1550  agency shall publish notice of the intended disposition of the
 1551  property, as provided in this section, during the first 45 days
 1552  of this time period.
 1553         1. If the agency elects to retain the property for use by
 1554  the unit of government, donate the property to a charitable
 1555  organization, surrender such property to the finder, sell the
 1556  property, or trade the property to another unit of local
 1557  government or state agency, notice of such election shall be
 1558  given by an advertisement published once a week for 2
 1559  consecutive weeks in a newspaper of general circulation in the
 1560  county where the property was found if the value of the property
 1561  is more than $100. If the value of the property is $100 or less,
 1562  notice shall be given by posting a description of the property
 1563  at the law enforcement agency where the property was turned in.
 1564  The notice must be posted for not less than 2 consecutive weeks
 1565  in a public place designated by the law enforcement agency. The
 1566  notice must describe the property in a manner reasonably
 1567  adequate to permit the rightful owner of the property to claim
 1568  it.
 1569         2. If the agency elects to sell the property, it must do so
 1570  at public sale by competitive bidding. Notice of the time and
 1571  place of the sale shall be given by an advertisement of the sale
 1572  published once a week for 2 consecutive weeks in a newspaper of
 1573  general circulation in the county where the sale is to be held.
 1574  The notice shall include a statement that the sale shall be
 1575  subject to any and all liens. The sale must be held at the
 1576  nearest suitable place to that where the lost or abandoned
 1577  property is held or stored. The advertisement must include a
 1578  description of the goods and the time and place of the sale. The
 1579  sale may take place no earlier than 10 days after the final
 1580  publication. If there is no newspaper of general circulation in
 1581  the county where the sale is to be held, the advertisement shall
 1582  be posted at the door of the courthouse and at three other
 1583  public places in the county at least 10 days prior to sale.
 1584  Notice of the agency’s intended disposition shall describe the
 1585  property in a manner reasonably adequate to permit the rightful
 1586  owner of the property to identify it.
 1587         Section 27. Subsections (1), (2), and (3) of section
 1588  823.11, Florida Statutes, are amended to read:
 1589         823.11 Derelict vessels; relocation or removal; penalty.—
 1590         (1) As used in this section and s. 376.15, the term:
 1591         (a) “Commission” means the Fish and Wildlife Conservation
 1592  Commission.
 1593         (b) “Derelict vessel” means a vessel, as defined in s.
 1594  327.02, that is left, stored, or abandoned:
 1595         1. In a wrecked, junked, or substantially dismantled
 1596  condition upon any public waters of this state.
 1597         a.A vessel is wrecked if it is sunken or sinking; aground
 1598  without the ability to extricate itself absent mechanical
 1599  assistance; or remaining after a marine casualty, including, but
 1600  not limited to, a boating accident, extreme weather, or a fire.
 1601         b.A vessel is junked if it has been substantially stripped
 1602  of vessel components, if vessel components have substantially
 1603  degraded or been destroyed, or if the vessel has been discarded
 1604  by the owner or operator. Attaching an outboard motor to a
 1605  vessel that is otherwise junked will not cause the vessel to no
 1606  longer be junked if such motor is not an effective means of
 1607  propulsion as required by s. 327.4107(2)(e) and associated
 1608  rules.
 1609         c.A vessel is substantially dismantled if at least two of
 1610  the three following vessel systems or components are missing,
 1611  compromised, incomplete, inoperable, or broken:
 1612         (I)The steering system;
 1613         (II)The propulsion system; or
 1614         (III)The exterior hull integrity.
 1615  
 1616  Attaching an outboard motor to a vessel that is otherwise
 1617  substantially dismantled will not cause the vessel to no longer
 1618  be substantially dismantled if such motor is not an effective
 1619  means of propulsion as required by s. 327.4107(2)(e) and
 1620  associated rules.
 1621         2. At a port in this state without the consent of the
 1622  agency having jurisdiction thereof.
 1623         3. Docked, grounded, or beached upon the property of
 1624  another without the consent of the owner of the property.
 1625         (c) “Gross negligence” means conduct so reckless or wanting
 1626  in care that it constitutes a conscious disregard or
 1627  indifference to the safety of the property exposed to such
 1628  conduct.
 1629         (d) “Willful misconduct” means conduct evidencing
 1630  carelessness or negligence of such a degree or recurrence as to
 1631  manifest culpability, wrongful intent, or evil design or to show
 1632  an intentional and substantial disregard of the interests of the
 1633  vessel owner.
 1634         (2)(a)It is unlawful for A person, firm, or corporation
 1635  may not to store, leave, or abandon any derelict vessel upon
 1636  waters of in this state. For purposes of this paragraph, the
 1637  term “leave” means to allow a vessel to remain occupied or
 1638  unoccupied on the waters of this state for more than 24 hours.
 1639         (b)Notwithstanding paragraph (a), a person who owns or
 1640  operates a vessel that becomes derelict upon the waters of this
 1641  state solely as a result of a boating accident that is reported
 1642  to law enforcement in accordance with s. 327.301 or otherwise
 1643  reported to law enforcement; a hurricane; or another sudden
 1644  event outside of his or her control may not be charged with a
 1645  violation if:
 1646         1.The individual documents for law enforcement the
 1647  specific event that led to the vessel being derelict upon the
 1648  waters of this state; and
 1649         2.The vessel has been removed from the waters of this
 1650  state or has been repaired or addressed such that it is no
 1651  longer derelict upon the waters of this state:
 1652         a.For a vessel that has become derelict as a result of a
 1653  boating accident or other sudden event outside of his or her
 1654  control, within 7 days after such accident or event; or
 1655         b.Within 45 days after the hurricane has passed over the
 1656  state.
 1657         (c)This subsection does not apply to a vessel that was
 1658  derelict upon the waters of this state before the stated
 1659  accident or event.
 1660         (3) The commission, an officer officers of the commission,
 1661  or a and any law enforcement agency or officer specified in s.
 1662  327.70 may are authorized and empowered to relocate, remove,
 1663  store, destroy, or dispose of or cause to be relocated, or
 1664  removed, stored, destroyed, or disposed of a derelict vessel
 1665  from public waters of this state as defined in s. 327.02 if the
 1666  derelict vessel obstructs or threatens to obstruct navigation or
 1667  in any way constitutes a danger to the environment, property, or
 1668  persons. The commission, an officer officers of the commission,
 1669  or any other law enforcement agency or officer acting pursuant
 1670  to under this subsection to relocate, remove, store, destroy,
 1671  dispose of or cause to be relocated, or removed, stored,
 1672  destroyed, or disposed of a derelict vessel from public waters
 1673  of this state shall be held harmless for all damages to the
 1674  derelict vessel resulting from such action relocation or removal
 1675  unless the damage results from gross negligence or willful
 1676  misconduct.
 1677         (a) Removal of derelict vessels under this subsection may
 1678  be funded by grants provided in ss. 206.606 and 376.15. The
 1679  commission shall implement a plan for the procurement of any
 1680  available federal disaster funds and use such funds for the
 1681  removal of derelict vessels.
 1682         (b) All costs, including costs owed to a third party,
 1683  incurred by the commission, another or other law enforcement
 1684  agency, or a governmental subdivision, when the governmental
 1685  subdivision has received authorization from a law enforcement
 1686  officer or agency, in the relocation, or removal, storage,
 1687  destruction, or disposal of a derelict vessel are recoverable
 1688  against the vessel owner or the party determined to be legally
 1689  responsible for the vessel being upon the waters of this state
 1690  in a derelict condition. The Department of Legal Affairs shall
 1691  represent the commission in actions to recover such costs. As
 1692  provided in s. 705.103(4), a person who neglects or refuses to
 1693  pay such costs may not be issued a certificate of registration
 1694  for such vessel or for any other vessel or motor vehicle until
 1695  such costs have been paid. A person who has neglected or refused
 1696  to pay all costs of removal, storage, destruction, or disposal
 1697  of a derelict vessel as provided in this section, after having
 1698  been provided written notice via certified mail that such costs
 1699  are owed, and who applies for and is issued a registration for a
 1700  vessel or motor vehicle before such costs have been paid in full
 1701  commits a misdemeanor of the first degree, punishable as
 1702  provided in s. 775.082 or s. 775.083.
 1703         (c) A contractor performing such relocation or removal
 1704  activities at the direction of the commission, an officer
 1705  officers of the commission, or a law enforcement agency or
 1706  officer, or a governmental subdivision, when the governmental
 1707  subdivision has received authorization for the relocation or
 1708  removal from a law enforcement officer or agency, pursuant to
 1709  this section must be licensed in accordance with applicable
 1710  United States Coast Guard regulations where required; obtain and
 1711  carry in full force and effect a policy from a licensed
 1712  insurance carrier in this state to insure against any accident,
 1713  loss, injury, property damage, or other casualty caused by or
 1714  resulting from the contractor’s actions; and be properly
 1715  equipped to perform the services to be provided.
 1716         Section 28. Except as otherwise expressly provided in this
 1717  act, this act shall take effect July 1, 2021.
 1718  
 1719  ================= T I T L E  A M E N D M E N T ================
 1720  And the title is amended as follows:
 1721         Delete everything before the enacting clause
 1722  and insert:
 1723                        A bill to be entitled                      
 1724         An act relating to operation and safety of motor
 1725         vehicles and vessels; amending ss. 316.1932 and
 1726         316.1939, F.S.; revising conditions under which a
 1727         person’s driving privilege is suspended and under
 1728         which the person commits a misdemeanor relating to
 1729         tests for alcohol, chemical substances, or controlled
 1730         substances; specifying that such misdemeanor is a
 1731         misdemeanor of the first degree; amending s. 327.02,
 1732         F.S.; defining the term “human-powered vessel”;
 1733         revising the definition of the term “navigation
 1734         rules”; amending s. 327.04, F.S.; providing additional
 1735         rulemaking authority to the Fish and Wildlife
 1736         Conservation Commission; creating s. 327.462, F.S.;
 1737         defining terms; authorizing heads of certain entities
 1738         to establish temporary protection zones in certain
 1739         water bodies for certain purposes; providing
 1740         protection zone requirements; prohibiting the
 1741         restriction of vessel movement within the Florida
 1742         Intracoastal Waterway except under certain
 1743         circumstances; requiring the heads of certain entities
 1744         to report the establishment of such protection zones
 1745         to the commission and to the appropriate United States
 1746         Coast Guard Sector Command; providing requirements for
 1747         the report; providing applicability; providing
 1748         penalties; amending ss. 327.352 and 327.359, F.S.;
 1749         revising conditions under which a person commits a
 1750         misdemeanor of the first degree for refusing to submit
 1751         to certain tests; creating s. 327.371, F.S.; providing
 1752         circumstances under which a person may operate a
 1753         human-powered vessel within the boundaries of the
 1754         marked channel of the Florida Intracoastal Waterway;
 1755         providing a penalty; amending s. 327.391, F.S.;
 1756         conforming cross-references; amending s. 327.395,
 1757         F.S.; revising the types of documentation that a
 1758         person may use to comply with certain boating safety
 1759         requirements; removing the authority of the commission
 1760         to appoint certain entities to administer a boating
 1761         safety education course or temporary certificate
 1762         examination and issue certain credentials; exempting
 1763         certain persons from the requirement to possess
 1764         certain documents aboard a vessel; removing the
 1765         specified service fee amount that certain entities
 1766         that issue boating safety identification cards and
 1767         temporary certificates may charge and keep; amending
 1768         s. 327.4107, F.S.; revising the conditions under which
 1769         officers may determine a vessel is at risk of becoming
 1770         derelict; authorizing certain officers to provide
 1771         notice that a vessel is at risk of becoming derelict
 1772         via body camera recordings; authorizing the commission
 1773         or certain officers to relocate at-risk vessels to a
 1774         certain distance from mangroves or vegetation;
 1775         providing that the commission or officers are not
 1776         liable for damages to such vessels; providing an
 1777         exception; authorizing the commission to establish a
 1778         derelict vessel prevention program consisting of
 1779         certain components; authorizing the commission to
 1780         adopt rules; providing that such program is subject to
 1781         appropriation by the Legislature; providing for
 1782         funding; amending s. 327.4108, F.S.; designating
 1783         Monroe County as an anchoring limitation area subject
 1784         to certain requirements; requiring the commission to
 1785         adopt rules; providing applicability; deleting
 1786         obsolete language; amending s. 327.4109, F.S.;
 1787         prohibiting the anchoring or mooring of a vessel or
 1788         floating structure within a certain distance of
 1789         certain facilities; providing exceptions; amending s.
 1790         327.45, F.S.; authorizing the commission to establish
 1791         protection zones where certain activities are
 1792         prohibited in or near springs; amending s. 327.46,
 1793         F.S.; authorizing a county or municipality to
 1794         establish a boating-restricted area within and around
 1795         a public mooring field and within certain portions of
 1796         the Florida Intracoastal Waterway; creating s.
 1797         327.463, F.S.; specifying conditions under which a
 1798         vessel is and is not operating at slow speed, minimum
 1799         wake; prohibiting a person from operating a vessel
 1800         faster than slow speed, minimum wake within a certain
 1801         distance from other specified vessels; providing
 1802         requirements for construction vessel or barge flags;
 1803         exempting a person from being cited for a violation
 1804         under certain circumstances; providing penalties;
 1805         providing applicability; amending s. 327.50, F.S.;
 1806         authorizing the commission to exempt vessel owners and
 1807         operators from certain safety equipment requirements;
 1808         amending s. 327.53, F.S.; requiring the owner or
 1809         operator of a live-aboard vessel or houseboat equipped
 1810         with a marine sanitation device to maintain a record
 1811         of the date and location of each pumpout of the device
 1812         for a certain period; conforming a cross-reference;
 1813         making technical changes; amending s. 327.54, F.S.;
 1814         prohibiting a livery from leasing, hiring, or renting
 1815         a vessel to a person required to complete a
 1816         commission-approved boating safety education course
 1817         unless such person presents certain documentation
 1818         indicating compliance; amending s. 327.60, F.S.;
 1819         authorizing a local government to enact and enforce
 1820         regulations allowing the local law enforcement agency
 1821         to remove an abandoned or lost vessel affixed to a
 1822         public mooring; amending s. 327.73, F.S.; providing
 1823         additional violations that qualify as noncriminal
 1824         infractions; providing civil penalties; prohibiting
 1825         conviction of a person cited for a violation relating
 1826         to possessing proof of boating safety education under
 1827         certain circumstances; increasing certain civil
 1828         penalties; providing that certain vessels shall be
 1829         declared a public nuisance subject to certain
 1830         statutory provisions; authorizing the commission or
 1831         certain officers to relocate or remove public nuisance
 1832         vessels from the waters of this state; providing that
 1833         the commission or officers are not liable for damages
 1834         to such vessels; providing an exception; amending s.
 1835         328.09, F.S.; prohibiting the Department of Highway
 1836         Safety and Motor Vehicles from issuing a certificate
 1837         of title to an applicant for a vessel that has been
 1838         deemed derelict pursuant to certain provisions;
 1839         authorizing the department, at a later date, to reject
 1840         an application for a certificate of title for such a
 1841         vessel; amending s. 376.15, F.S.; revising unlawful
 1842         acts relating to derelict vessels; defining the term
 1843         “leave”; prohibiting an owner or operator whose vessel
 1844         becomes derelict due to specified accidents or events
 1845         from being charged with a violation under certain
 1846         circumstances; providing applicability; conforming
 1847         provisions to changes made by the act; authorizing a
 1848         governmental subdivision that has received
 1849         authorization from a law enforcement officer or agency
 1850         to direct a contractor to perform vessel storage,
 1851         destruction, and disposal activities; authorizing the
 1852         commission to provide local government grants for the
 1853         storage, destruction, and disposal of derelict
 1854         vessels; providing for funding; amending s. 705.103,
 1855         F.S.; providing notice procedures for when a law
 1856         enforcement officer ascertains that a derelict or
 1857         public nuisance vessel is present on the waters of
 1858         this state; requiring a mailed notice to the owner or
 1859         party responsible for the vessel to inform him or her
 1860         of the right to a hearing; providing hearing
 1861         requirements; authorizing a law enforcement agency to
 1862         take certain actions if a hearing is not requested or
 1863         a vessel is determined to be derelict or otherwise in
 1864         violation of law; revising provisions relating to
 1865         liability for vessel removal costs and notification of
 1866         the amount owed; providing penalties for a person who
 1867         is issued a registration for a vessel or motor vehicle
 1868         before such costs are paid; requiring persons whose
 1869         vessel registration and motor vehicle privileges have
 1870         been revoked for failure to pay certain costs to be
 1871         reported to the department; prohibiting issuance of a
 1872         certificate of registration to such persons until such
 1873         costs are paid; amending s. 823.11, F.S.; revising
 1874         application of definitions; revising the definition of
 1875         the term “derelict vessel”; specifying requirements
 1876         for a vessel to be considered wrecked, junked, or
 1877         substantially dismantled; providing construction;
 1878         revising unlawful acts relating to derelict vessels;
 1879         defining the term “leave”; prohibiting an owner or
 1880         operator whose vessel becomes derelict due to
 1881         specified accidents or events from being charged with
 1882         a violation under certain circumstances; providing
 1883         applicability; providing that relocation or removal
 1884         costs incurred by a governmental subdivision are
 1885         recoverable against the vessel owner or the party
 1886         determined to be legally responsible for the vessel
 1887         being derelict; providing penalties for a person who
 1888         is issued a registration for a vessel or motor vehicle
 1889         before such costs are paid; authorizing a governmental
 1890         subdivision that has received authorization from a law
 1891         enforcement officer or agency to direct a contractor
 1892         to perform vessel relocation or removal activities;
 1893         providing effective dates.