Florida Senate - 2021 PROPOSED COMMITTEE SUBSTITUTE
Bill No. CS for SB 1086
Ì518944DÎ518944
576-03924-21
Proposed Committee Substitute by the Committee on Appropriations
(Appropriations Subcommittee on Agriculture, Environment, and
General Government)
1 A bill to be entitled
2 An act relating to operation and safety of motor
3 vehicles and vessels; amending ss. 316.1932 and
4 316.1939, F.S.; revising conditions under which a
5 person’s driving privilege is suspended and under
6 which the person commits a misdemeanor relating to
7 tests for alcohol, chemical substances, or controlled
8 substances; specifying that such misdemeanor is a
9 misdemeanor of the first degree; amending s. 327.02,
10 F.S.; defining the term “human-powered vessel”;
11 revising the definition of the term “navigation
12 rules”; amending s. 327.04, F.S.; providing additional
13 rulemaking authority to the Fish and Wildlife
14 Conservation Commission; creating s. 327.462, F.S.;
15 defining terms; authorizing heads of certain entities
16 to establish temporary protection zones in certain
17 water bodies for certain purposes; providing
18 protection zone requirements; prohibiting the
19 restriction of vessel movement within the Florida
20 Intracoastal Waterway except under certain
21 circumstances; requiring the heads of certain entities
22 to report the establishment of such protection zones
23 to the commission and to the appropriate United States
24 Coast Guard Sector Command; providing requirements for
25 the report; providing applicability; providing
26 penalties; amending ss. 327.352 and 327.359, F.S.;
27 revising conditions under which a person commits a
28 misdemeanor of the first degree for refusing to submit
29 to certain tests; creating s. 327.371, F.S.; providing
30 circumstances under which a person may operate a
31 human-powered vessel within the boundaries of the
32 marked channel of the Florida Intracoastal Waterway;
33 providing a penalty; amending s. 327.391, F.S.;
34 conforming cross-references; amending s. 327.395,
35 F.S.; revising the types of documentation that a
36 person may use to comply with certain boating safety
37 requirements; removing the authority of the commission
38 to appoint certain entities to administer a boating
39 safety education course or temporary certificate
40 examination and issue certain credentials; exempting
41 certain persons from the requirement to possess
42 certain documents aboard a vessel; removing the
43 specified service fee amount that certain entities
44 that issue boating safety identification cards and
45 temporary certificates may charge and keep; amending
46 s. 327.4107, F.S.; revising the conditions under which
47 officers may determine a vessel is at risk of becoming
48 derelict; authorizing certain officers to provide
49 notice that a vessel is at risk of becoming derelict
50 via body camera recordings; authorizing the commission
51 or certain officers to relocate at-risk vessels to a
52 certain distance from mangroves or vegetation;
53 providing that the commission or officers are not
54 liable for damages to such vessels; providing an
55 exception; authorizing the commission to establish a
56 derelict vessel prevention program consisting of
57 certain components; authorizing the commission to
58 adopt rules; providing that such program is subject to
59 appropriation by the Legislature; providing for
60 funding; amending s. 327.4108, F.S.; designating
61 Monroe County as an anchoring limitation area subject
62 to certain requirements; requiring the commission to
63 adopt rules; providing construction; requiring the
64 commission to designate a specified area as a priority
65 for the removal of derelict vessels until certain
66 conditions are met; deleting obsolete language;
67 amending s. 327.4109, F.S.; prohibiting the anchoring
68 or mooring of a vessel or floating structure within a
69 certain distance of certain facilities; providing
70 exceptions; amending s. 327.45, F.S.; authorizing the
71 commission to establish protection zones where certain
72 activities are prohibited in or near springs; amending
73 s. 327.46, F.S.; authorizing a county or municipality
74 to establish a boating-restricted area within and
75 around a public mooring field and within certain
76 portions of the Florida Intracoastal Waterway;
77 creating s. 327.463, F.S.; specifying conditions under
78 which a vessel is and is not operating at slow speed,
79 minimum wake; prohibiting a person from operating a
80 vessel faster than slow speed, minimum wake within a
81 certain distance from other specified vessels;
82 providing requirements for construction vessel or
83 barge flags; exempting a person from being cited for a
84 violation under certain circumstances; providing
85 penalties; providing applicability; amending s.
86 327.50, F.S.; authorizing the commission to exempt
87 vessel owners and operators from certain safety
88 equipment requirements; amending s. 327.53, F.S.;
89 requiring the owner or operator of a live-aboard
90 vessel or houseboat equipped with a marine sanitation
91 device to maintain a record of the date and location
92 of each pumpout of the device for a certain period;
93 conforming a cross-reference; making technical
94 changes; amending s. 327.54, F.S.; prohibiting a
95 livery from leasing, hiring, or renting a vessel to a
96 person required to complete a commission-approved
97 boating safety education course unless such person
98 presents certain documentation indicating compliance;
99 amending s. 327.60, F.S.; authorizing a local
100 government to enact and enforce regulations allowing
101 the local law enforcement agency to remove an
102 abandoned or lost vessel affixed to a public mooring;
103 amending s. 327.73, F.S.; providing additional
104 violations that qualify as noncriminal infractions;
105 providing civil penalties; prohibiting conviction of a
106 person cited for a violation relating to possessing
107 proof of boating safety education under certain
108 circumstances; increasing certain civil penalties;
109 providing that certain vessels shall be declared a
110 public nuisance subject to certain statutory
111 provisions; authorizing the commission or certain
112 officers to relocate or remove public nuisance vessels
113 from the waters of this state; providing that the
114 commission or officers are not liable for damages to
115 such vessels; providing an exception; amending s.
116 328.09, F.S.; prohibiting the Department of Highway
117 Safety and Motor Vehicles from issuing a certificate
118 of title to an applicant for a vessel that has been
119 deemed derelict pursuant to certain provisions;
120 authorizing the department, at a later date, to reject
121 an application for a certificate of title for such a
122 vessel; amending s. 376.15, F.S.; revising unlawful
123 acts relating to derelict vessels; defining the term
124 “leave”; prohibiting an owner or operator whose vessel
125 becomes derelict due to specified accidents or events
126 from being charged with a violation under certain
127 circumstances; providing applicability; conforming
128 provisions to changes made by the act; authorizing a
129 governmental subdivision that has received
130 authorization from a law enforcement officer or agency
131 to direct a contractor to perform vessel storage,
132 destruction, and disposal activities; authorizing the
133 commission to provide local government grants for the
134 storage, destruction, and disposal of derelict
135 vessels; providing for funding; amending s. 705.103,
136 F.S.; providing notice procedures for when a law
137 enforcement officer ascertains that a derelict or
138 public nuisance vessel is present on the waters of
139 this state; requiring a mailed notice to the owner or
140 party responsible for the vessel to inform him or her
141 of the right to a hearing; providing hearing
142 requirements; authorizing a law enforcement agency to
143 take certain actions if a hearing is not requested or
144 a vessel is determined to be derelict or otherwise in
145 violation of law; revising provisions relating to
146 liability for vessel removal costs and notification of
147 the amount owed; providing penalties for a person who
148 is issued a registration for a vessel or motor vehicle
149 before such costs are paid; requiring persons whose
150 vessel registration and motor vehicle privileges have
151 been revoked for failure to pay certain costs to be
152 reported to the department; prohibiting issuance of a
153 certificate of registration to such persons until such
154 costs are paid; amending s. 823.11, F.S.; revising
155 application of definitions; revising the definition of
156 the term “derelict vessel”; specifying requirements
157 for a vessel to be considered wrecked, junked, or
158 substantially dismantled; providing construction;
159 revising unlawful acts relating to derelict vessels;
160 defining the term “leave”; prohibiting an owner or
161 operator whose vessel becomes derelict due to
162 specified accidents or events from being charged with
163 a violation under certain circumstances; providing
164 applicability; providing that relocation or removal
165 costs incurred by a governmental subdivision are
166 recoverable against the vessel owner or the party
167 determined to be legally responsible for the vessel
168 being derelict; providing penalties for a person who
169 is issued a registration for a vessel or motor vehicle
170 before such costs are paid; authorizing a governmental
171 subdivision that has received authorization from a law
172 enforcement officer or agency to direct a contractor
173 to perform vessel relocation or removal activities;
174 providing effective dates.
175
176 Be It Enacted by the Legislature of the State of Florida:
177
178 Section 1. Effective October 1, 2021, paragraphs (a) and
179 (c) of subsection (1) of section 316.1932, Florida Statutes, are
180 amended to read:
181 316.1932 Tests for alcohol, chemical substances, or
182 controlled substances; implied consent; refusal.—
183 (1)(a)1.a. A Any person who accepts the privilege extended
184 by the laws of this state of operating a motor vehicle within
185 this state is, by so operating such vehicle, deemed to have
186 given his or her consent to submit to an approved chemical test
187 or physical test including, but not limited to, an infrared
188 light test of his or her breath for the purpose of determining
189 the alcoholic content of his or her blood or breath if the
190 person is lawfully arrested for any offense allegedly committed
191 while the person was driving or was in actual physical control
192 of a motor vehicle while under the influence of alcoholic
193 beverages. The chemical or physical breath test must be
194 incidental to a lawful arrest and administered at the request of
195 a law enforcement officer who has reasonable cause to believe
196 such person was driving or was in actual physical control of the
197 motor vehicle within this state while under the influence of
198 alcoholic beverages. The administration of a breath test does
199 not preclude the administration of another type of test. The
200 person shall be told that his or her failure to submit to any
201 lawful test of his or her breath will result in the suspension
202 of the person’s privilege to operate a motor vehicle for a
203 period of 1 year for a first refusal, or for a period of 18
204 months if the driving privilege of such person has been
205 previously suspended or if he or she has previously been fined
206 under s. 327.35215 as a result of a refusal to submit to such a
207 test or tests required under this chapter or chapter 327, and
208 shall also be told that if he or she refuses to submit to a
209 lawful test of his or her breath and his or her driving
210 privilege has been previously suspended or if he or she has
211 previously been fined under s. 327.35215 for a prior refusal to
212 submit to a lawful test of his or her breath, urine, or blood as
213 required under this chapter or chapter 327, he or she commits a
214 misdemeanor of the first degree, punishable as provided in s.
215 775.082 or s. 775.083, in addition to any other penalties
216 provided by law. The refusal to submit to a chemical or physical
217 breath test upon the request of a law enforcement officer as
218 provided in this section is admissible into evidence in any
219 criminal proceeding.
220 b. A Any person who accepts the privilege extended by the
221 laws of this state of operating a motor vehicle within this
222 state is, by so operating such vehicle, deemed to have given his
223 or her consent to submit to a urine test for the purpose of
224 detecting the presence of chemical substances as set forth in s.
225 877.111 or controlled substances if the person is lawfully
226 arrested for any offense allegedly committed while the person
227 was driving or was in actual physical control of a motor vehicle
228 while under the influence of chemical substances or controlled
229 substances. The urine test must be incidental to a lawful arrest
230 and administered at a detention facility or any other facility,
231 mobile or otherwise, which is equipped to administer such tests
232 at the request of a law enforcement officer who has reasonable
233 cause to believe such person was driving or was in actual
234 physical control of a motor vehicle within this state while
235 under the influence of chemical substances or controlled
236 substances. The urine test shall be administered at a detention
237 facility or any other facility, mobile or otherwise, which is
238 equipped to administer such test in a reasonable manner that
239 will ensure the accuracy of the specimen and maintain the
240 privacy of the individual involved. The administration of a
241 urine test does not preclude the administration of another type
242 of test. The person shall be told that his or her failure to
243 submit to any lawful test of his or her urine will result in the
244 suspension of the person’s privilege to operate a motor vehicle
245 for a period of 1 year for the first refusal, or for a period of
246 18 months if the driving privilege of such person has been
247 previously suspended or if he or she has previously been fined
248 under s. 327.35215 as a result of a refusal to submit to such a
249 test or tests required under this chapter or chapter 327, and
250 shall also be told that if he or she refuses to submit to a
251 lawful test of his or her urine and his or her driving privilege
252 has been previously suspended or if he or she has previously
253 been fined under s. 327.35215 for a prior refusal to submit to a
254 lawful test of his or her breath, urine, or blood as required
255 under this chapter or chapter 327, he or she commits a
256 misdemeanor of the first degree, punishable as provided in s.
257 775.082 or s. 775.083, in addition to any other penalties
258 provided by law. The refusal to submit to a urine test upon the
259 request of a law enforcement officer as provided in this section
260 is admissible into evidence in any criminal proceeding.
261 2. The Alcohol Testing Program within the Department of Law
262 Enforcement is responsible for the regulation of the operation,
263 inspection, and registration of breath test instruments utilized
264 under the driving and boating under the influence provisions and
265 related provisions located in this chapter and chapters 322 and
266 327. The program is responsible for the regulation of the
267 individuals who operate, inspect, and instruct on the breath
268 test instruments utilized in the driving and boating under the
269 influence provisions and related provisions located in this
270 chapter and chapters 322 and 327. The program is further
271 responsible for the regulation of blood analysts who conduct
272 blood testing to be utilized under the driving and boating under
273 the influence provisions and related provisions located in this
274 chapter and chapters 322 and 327. The program shall:
275 a. Establish uniform criteria for the issuance of permits
276 to breath test operators, agency inspectors, instructors, blood
277 analysts, and instruments.
278 b. Have the authority to permit breath test operators,
279 agency inspectors, instructors, blood analysts, and instruments.
280 c. Have the authority to discipline and suspend, revoke, or
281 renew the permits of breath test operators, agency inspectors,
282 instructors, blood analysts, and instruments.
283 d. Establish uniform requirements for instruction and
284 curricula for the operation and inspection of approved
285 instruments.
286 e. Have the authority to specify one approved curriculum
287 for the operation and inspection of approved instruments.
288 f. Establish a procedure for the approval of breath test
289 operator and agency inspector classes.
290 g. Have the authority to approve or disapprove breath test
291 instruments and accompanying paraphernalia for use pursuant to
292 the driving and boating under the influence provisions and
293 related provisions located in this chapter and chapters 322 and
294 327.
295 h. With the approval of the executive director of the
296 Department of Law Enforcement, make and enter into contracts and
297 agreements with other agencies, organizations, associations,
298 corporations, individuals, or federal agencies as are necessary,
299 expedient, or incidental to the performance of duties.
300 i. Issue final orders which include findings of fact and
301 conclusions of law and which constitute final agency action for
302 the purpose of chapter 120.
303 j. Enforce compliance with the provisions of this section
304 through civil or administrative proceedings.
305 k. Make recommendations concerning any matter within the
306 purview of this section, this chapter, chapter 322, or chapter
307 327.
308 l. Promulgate rules for the administration and
309 implementation of this section, including definitions of terms.
310 m. Consult and cooperate with other entities for the
311 purpose of implementing the mandates of this section.
312 n. Have the authority to approve the type of blood test
313 utilized under the driving and boating under the influence
314 provisions and related provisions located in this chapter and
315 chapters 322 and 327.
316 o. Have the authority to specify techniques and methods for
317 breath alcohol testing and blood testing utilized under the
318 driving and boating under the influence provisions and related
319 provisions located in this chapter and chapters 322 and 327.
320 p. Have the authority to approve repair facilities for the
321 approved breath test instruments, including the authority to set
322 criteria for approval.
323
324 Nothing in this section shall be construed to supersede
325 provisions in this chapter and chapters 322 and 327. The
326 specifications in this section are derived from the power and
327 authority previously and currently possessed by the Department
328 of Law Enforcement and are enumerated to conform with the
329 mandates of chapter 99-379, Laws of Florida.
330 (c) A Any person who accepts the privilege extended by the
331 laws of this state of operating a motor vehicle within this
332 state is, by operating such vehicle, deemed to have given his or
333 her consent to submit to an approved blood test for the purpose
334 of determining the alcoholic content of the blood or a blood
335 test for the purpose of determining the presence of chemical
336 substances or controlled substances as provided in this section
337 if there is reasonable cause to believe the person was driving
338 or in actual physical control of a motor vehicle while under the
339 influence of alcoholic beverages or chemical or controlled
340 substances and the person appears for treatment at a hospital,
341 clinic, or other medical facility and the administration of a
342 breath or urine test is impractical or impossible. As used in
343 this paragraph, the term “other medical facility” includes an
344 ambulance or other medical emergency vehicle. The blood test
345 shall be performed in a reasonable manner. A Any person who is
346 incapable of refusal by reason of unconsciousness or other
347 mental or physical condition is deemed not to have withdrawn his
348 or her consent to such test. A blood test may be administered
349 whether or not the person is told that his or her failure to
350 submit to such a blood test will result in the suspension of the
351 person’s privilege to operate a motor vehicle upon the public
352 highways of this state and that a refusal to submit to a lawful
353 test of his or her blood, if his or her driving privilege has
354 been previously suspended for refusal to submit to a lawful test
355 of his or her breath, urine, or blood, is a misdemeanor. A Any
356 person who is capable of refusal shall be told that his or her
357 failure to submit to such a blood test will result in the
358 suspension of the person’s privilege to operate a motor vehicle
359 for a period of 1 year for a first refusal, or for a period of
360 18 months if the driving privilege of the person has been
361 suspended previously or if he or she has previously been fined
362 under s. 327.35215 as a result of a refusal to submit to such a
363 test or tests required under this chapter or chapter 327, and
364 that a refusal to submit to a lawful test of his or her blood,
365 if his or her driving privilege has been previously suspended
366 for a prior refusal to submit to a lawful test of his or her
367 breath, urine, or blood, is a misdemeanor. The refusal to submit
368 to a blood test upon the request of a law enforcement officer is
369 admissible in evidence in any criminal proceeding.
370 Section 2. Effective October 1, 2021, subsection (1) of
371 section 316.1939, Florida Statutes, is amended to read:
372 316.1939 Refusal to submit to testing; penalties.—
373 (1) A Any person who has refused to submit to a chemical or
374 physical test of his or her breath, blood, or urine, as
375 described in s. 316.1932, and whose driving privilege was
376 previously suspended or who was previously fined under s.
377 327.35215 for a prior refusal to submit to a lawful test of his
378 or her breath, urine, or blood required under this chapter or
379 chapter 327, and:
380 (a) Who the arresting law enforcement officer had probable
381 cause to believe was driving or in actual physical control of a
382 motor vehicle in this state while under the influence of
383 alcoholic beverages, chemical substances, or controlled
384 substances;
385 (b) Who was placed under lawful arrest for a violation of
386 s. 316.193 unless such test was requested pursuant to s.
387 316.1932(1)(c);
388 (c) Who was informed that, if he or she refused to submit
389 to such test, his or her privilege to operate a motor vehicle
390 would be suspended for a period of 1 year or, in the case of a
391 second or subsequent refusal, for a period of 18 months;
392 (d) Who was informed that a refusal to submit to a lawful
393 test of his or her breath or, urine, or blood, if his or her
394 driving privilege has been previously suspended or if he or she
395 has previously been fined under s. 327.35215 for a prior refusal
396 to submit to a lawful test of his or her breath, urine, or blood
397 as required under this chapter or chapter 327, is a misdemeanor
398 of the first degree, punishable as provided in s. 775.082 or s.
399 775.083, in addition to any other penalties provided by law; and
400 (e) Who, after having been so informed, refused to submit
401 to any such test when requested to do so by a law enforcement
402 officer or correctional officer commits a misdemeanor of the
403 first degree and is subject to punishment as provided in s.
404 775.082 or s. 775.083.
405 Section 3. Present subsections (18) through (47) of section
406 327.02, Florida Statutes, are redesignated as subsections (19)
407 through (48), respectively, a new subsection (18) is added to
408 that section, and present subsection (31) of that section is
409 amended, to read:
410 327.02 Definitions.—As used in this chapter and in chapter
411 328, unless the context clearly requires a different meaning,
412 the term:
413 (18) “Human-powered vessel” means a vessel powered only by
414 its occupant or occupants, including, but not limited to, a
415 vessel powered only by the occupants’ hands or feet, oars, or
416 paddles.
417 (32)(31) “Navigation rules” means, for vessels on:
418 (a) Waters outside established navigational lines of
419 demarcation as specified in 33 C.F.R. part 80, the International
420 Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended,
421 including the appendix and annexes thereto, through December 31,
422 2020 October 1, 2012.
423 (b) All waters not outside of such established lines of
424 demarcation, the Inland Navigational Rules Act of 1980, 33
425 C.F.R. parts 83-90, as amended, through December 31, 2020
426 October 1, 2012.
427 Section 4. Section 327.04, Florida Statutes, is amended to
428 read:
429 327.04 Rules.—The commission may has authority to adopt
430 rules pursuant to ss. 120.536(1) and 120.54 to implement the
431 provisions of this chapter, the provisions of chapter 705
432 relating to vessels, and ss. 376.15 and 823.11 conferring powers
433 or duties upon it.
434 Section 5. Section 327.462, Florida Statutes, is created to
435 read:
436 327.462 Temporary protection zones for spaceflight launches
437 and recovery of spaceflight assets.—
438 (1) As used in this section, the term:
439 (a) “Launch services” means the conduct of a launch and
440 activities involved in the preparation of a launch vehicle,
441 payload, government astronaut, commercial astronaut, or
442 spaceflight participant for such launch.
443 (b) “Reentry services” means the conduct of a reentry and
444 activities involved in the preparation of a reentry vehicle,
445 payload, government astronaut, commercial astronaut, or
446 spaceflight participant for such reentry.
447 (c) “Spaceflight assets” means any item, or any part of an
448 item, owned by a spaceflight entity which is used in launch
449 services or reentry services, including crewed and uncrewed
450 spacecraft, launch vehicles, parachutes and other landing aids,
451 and any spacecraft or ancillary equipment that was attached to
452 the launch vehicle during launch, orbit, or reentry.
453 (d) “Spaceflight entity” has the same meaning as provided
454 in s. 331.501.
455 (2) The head of a law enforcement agency or entity
456 identified in s. 327.70(1), or his or her designee, may, upon
457 waters of this state within the law enforcement agency’s or
458 entity’s jurisdiction, when necessary for preparations in
459 advance of a launch service or reentry service or for the
460 recovery of spaceflight assets before or after a launch service
461 or reentry service, temporarily establish a protection zone
462 requiring vessels to leave, or prohibiting vessels from
463 entering, water bodies within:
464 (a) Five hundred yards of where launch services, reentry
465 services, or spaceflight asset recovery operations are being
466 conducted; or
467 (b) A distance greater than provided in paragraph (a) if
468 the head of such law enforcement agency or entity, or his or her
469 designee, determines such greater distance is in the best
470 interest of public safety.
471 (3) A protection zone established under subsection (2) may
472 remain in effect only as long as necessary to ensure security
473 around the launch and recovery areas and to recover spaceflight
474 assets and any personnel being transported within a spacecraft
475 following the launch or reentry activity. Such protection zone
476 may not be in place more than 72 hours before or 72 hours after
477 the launch. The head of a law enforcement agency or entity
478 identified in s. 327.70, or his or her designee:
479 (a) May also restrict vessels from operating within up to
480 500 yards of any vessel transporting recovered spaceflight
481 assets following a spaceflight launch or reentry while such
482 vessel is continuously underway transporting such assets to a
483 location for removal from the waters of this state; and
484 (b) May not restrict vessel movement within the Florida
485 Intracoastal Waterway, except as necessary during the transport
486 of spaceflight assets to or from port or during exigent
487 circumstances.
488 (4) The head of a law enforcement agency or entity
489 establishing a protection zone under this section, or his or her
490 designee, must report the establishment of such protection zone
491 via e-mail to the commission’s Division of Law Enforcement,
492 Boating and Waterways Section, and to the appropriate United
493 States Coast Guard Sector Command having responsibility over the
494 water body, at least 72 hours before establishment of the
495 protection zone. Such report must include the reasons for the
496 protection zone, the portion of the water body or water bodies
497 which will be included in the protection zone, and the duration
498 of the protection zone. No later than 72 hours after the end of
499 the protection zone period, the head of the law enforcement
500 agency or entity, or his or her designee, must report via e-mail
501 to the commission’s Division of Law Enforcement, Boating and
502 Waterways Section, the details of all citations issued for
503 violating the protection zone.
504 (5) This section applies only to launch services, reentry
505 services, or the recovery of spaceflight assets occurring or
506 originating within spaceport territory, as defined in s.
507 331.304, and to federally licensed or federally authorized
508 launches and reentries occurring or transiting to an end
509 destination upon waters of this state.
510 (6) A person who violates this section or any directive
511 given by a law enforcement officer relating to the establishment
512 of a protection zone under this section after being advised of
513 the establishment of the protection zone commits a misdemeanor
514 of the second degree, punishable as provided in s. 775.082 or s.
515 775.083.
516 Section 6. Effective October 1, 2021, paragraphs (a) and
517 (c) of subsection (1) of section 327.352, Florida Statutes, are
518 amended to read:
519 327.352 Tests for alcohol, chemical substances, or
520 controlled substances; implied consent; refusal.—
521 (1)(a)1. The Legislature declares that the operation of a
522 vessel is a privilege that must be exercised in a reasonable
523 manner. In order to protect the public health and safety, it is
524 essential that a lawful and effective means of reducing the
525 incidence of boating while impaired or intoxicated be
526 established. Therefore, a any person who accepts the privilege
527 extended by the laws of this state of operating a vessel within
528 this state is, by so operating such vessel, deemed to have given
529 his or her consent to submit to an approved chemical test or
530 physical test including, but not limited to, an infrared light
531 test of his or her breath for the purpose of determining the
532 alcoholic content of his or her blood or breath if the person is
533 lawfully arrested for any offense allegedly committed while the
534 person was operating a vessel while under the influence of
535 alcoholic beverages. The chemical or physical breath test must
536 be incidental to a lawful arrest and administered at the request
537 of a law enforcement officer who has reasonable cause to believe
538 such person was operating the vessel within this state while
539 under the influence of alcoholic beverages. The administration
540 of a breath test does not preclude the administration of another
541 type of test. The person shall be told that his or her failure
542 to submit to any lawful test of his or her breath under this
543 chapter will result in a civil penalty of $500, and shall also
544 be told that if he or she refuses to submit to a lawful test of
545 his or her breath and he or she has been previously fined under
546 s. 327.35215 or has previously had his or her driver license
547 suspended under s. 322.2615 for refusal to submit to any lawful
548 test of his or her breath, urine, or blood, he or she commits a
549 misdemeanor of the first degree, punishable as provided in s.
550 775.082 or s. 775.083, in addition to any other penalties
551 provided by law. The refusal to submit to a chemical or physical
552 breath test upon the request of a law enforcement officer as
553 provided in this section is admissible into evidence in any
554 criminal proceeding.
555 2. A Any person who accepts the privilege extended by the
556 laws of this state of operating a vessel within this state is,
557 by so operating such vessel, deemed to have given his or her
558 consent to submit to a urine test for the purpose of detecting
559 the presence of chemical substances as set forth in s. 877.111
560 or controlled substances if the person is lawfully arrested for
561 any offense allegedly committed while the person was operating a
562 vessel while under the influence of chemical substances or
563 controlled substances. The urine test must be incidental to a
564 lawful arrest and administered at a detention facility or any
565 other facility, mobile or otherwise, which is equipped to
566 administer such tests at the request of a law enforcement
567 officer who has reasonable cause to believe such person was
568 operating a vessel within this state while under the influence
569 of chemical substances or controlled substances. The urine test
570 shall be administered at a detention facility or any other
571 facility, mobile or otherwise, which is equipped to administer
572 such test in a reasonable manner that will ensure the accuracy
573 of the specimen and maintain the privacy of the individual
574 involved. The administration of a urine test does not preclude
575 the administration of another type of test. The person shall be
576 told that his or her failure to submit to any lawful test of his
577 or her urine under this chapter will result in a civil penalty
578 of $500, and shall also be told that if he or she refuses to
579 submit to a lawful test of his or her urine and he or she has
580 been previously fined under s. 327.35215 or has previously had
581 his or her driver license suspended under s. 322.2615 for
582 refusal to submit to any lawful test of his or her breath,
583 urine, or blood, he or she commits a misdemeanor of the first
584 degree, punishable as provided in s. 775.082 or s. 775.083, in
585 addition to any other penalties provided by law. The refusal to
586 submit to a urine test upon the request of a law enforcement
587 officer as provided in this section is admissible into evidence
588 in any criminal proceeding.
589 (c) A Any person who accepts the privilege extended by the
590 laws of this state of operating a vessel within this state is,
591 by operating such vessel, deemed to have given his or her
592 consent to submit to an approved blood test for the purpose of
593 determining the alcoholic content of the blood or a blood test
594 for the purpose of determining the presence of chemical
595 substances or controlled substances as provided in this section
596 if there is reasonable cause to believe the person was operating
597 a vessel while under the influence of alcoholic beverages or
598 chemical or controlled substances and the person appears for
599 treatment at a hospital, clinic, or other medical facility and
600 the administration of a breath or urine test is impractical or
601 impossible. As used in this paragraph, the term “other medical
602 facility” includes an ambulance or other medical emergency
603 vehicle. The blood test shall be performed in a reasonable
604 manner. A Any person who is incapable of refusal by reason of
605 unconsciousness or other mental or physical condition is deemed
606 not to have withdrawn his or her consent to such test. A Any
607 person who is capable of refusal shall be told that his or her
608 failure to submit to such a blood test will result in a civil
609 penalty of $500 and that a refusal to submit to a lawful test of
610 his or her blood, if he or she has previously been fined for
611 refusal to submit to any lawful test of his or her breath,
612 urine, or blood, is a misdemeanor. The refusal to submit to a
613 blood test upon the request of a law enforcement officer shall
614 be admissible in evidence in any criminal proceeding.
615 Section 7. Effective October 1, 2021, section 327.359,
616 Florida Statutes, is amended to read:
617 327.359 Refusal to submit to testing; penalties.—A Any
618 person who has refused to submit to a chemical or physical test
619 of his or her breath, blood, or urine, as described in s.
620 327.352, and who has been previously fined under s. 327.35215 or
621 has previously had his or her driver license suspended under s.
622 322.2615 for refusal to submit to a lawful test of his or her
623 breath, urine, or blood, and:
624 (1) Who the arresting law enforcement officer had probable
625 cause to believe was operating or in actual physical control of
626 a vessel in this state while under the influence of alcoholic
627 beverages, chemical substances, or controlled substances;
628 (2) Who was placed under lawful arrest for a violation of
629 s. 327.35 unless such test was requested pursuant to s.
630 327.352(1)(c);
631 (3) Who was informed that if he or she refused to submit to
632 such test, he or she is subject to a fine of $500;
633 (4) Who was informed that a refusal to submit to a lawful
634 test of his or her breath or, urine, or blood, if he or she has
635 been previously fined under s. 327.35215 or has previously had
636 his or her driver license suspended under s. 322.2615 for
637 refusal to submit to a lawful test of his or her breath, urine,
638 or blood, is a misdemeanor of the first degree, punishable as
639 provided in s. 775.082 or s. 775.083; and
640 (5) Who, after having been so informed, refused to submit
641 to any such test when requested to do so by a law enforcement
642 officer or correctional officer commits a misdemeanor of the
643 first degree, punishable and is subject to punishment as
644 provided in s. 775.082 or s. 775.083.
645 Section 8. Section 327.371, Florida Statutes, is created to
646 read:
647 327.371 Human-powered vessels regulated.—
648 (1) A person may operate a human-powered vessel within the
649 boundaries of the marked channel of the Florida Intracoastal
650 Waterway as defined in s. 327.02:
651 (a) When the marked channel is the only navigable portion
652 of the waterway available due to vessel congestion or
653 obstructions on the water. The operator of the human-powered
654 vessel shall proceed with diligence to a location where he or
655 she may safely operate the vessel outside the marked channel of
656 the Florida Intracoastal Waterway.
657 (b) When crossing the marked channel, provided that the
658 crossing is done in the most direct, continuous, and expeditious
659 manner possible and does not interfere with other vessel traffic
660 in the channel.
661 (c) During an emergency endangering life or limb.
662 (2) A person may not operate a human-powered vessel in the
663 marked channel of the Florida Intracoastal Waterway except as
664 provided in subsection (1).
665 (3) A person who violates this section commits a
666 noncriminal infraction, punishable as provided in s. 327.73.
667 Section 9. Subsection (1) and paragraphs (a) and (b) of
668 subsection (5) of section 327.391, Florida Statutes, are amended
669 to read:
670 327.391 Airboats regulated.—
671 (1) The exhaust of every internal combustion engine used on
672 any airboat operated on the waters of this state shall be
673 provided with an automotive-style factory muffler, underwater
674 exhaust, or other manufactured device capable of adequately
675 muffling the sound of the exhaust of the engine as described in
676 s. 327.02(31) s. 327.02(30). The use of cutouts or flex pipe as
677 the sole source of muffling is prohibited, except as provided in
678 subsection (4). A Any person who violates this subsection
679 commits a noncriminal infraction, punishable as provided in s.
680 327.73(1).
681 (5)(a) Beginning July 1, 2019, A person may not operate an
682 airboat to carry one or more passengers for hire on waters of
683 this the state unless he or she has all of the following onboard
684 the airboat:
685 1. A photographic identification card.
686 2. Proof of completion of a boater education course that
687 complies with s. 327.395(2)(a) s. 327.395(1)(a). Except as
688 provided in paragraph (b), no operator is exempt from this
689 requirement, regardless of age or the exemptions provided under
690 s. 327.395.
691 3. Proof of successful completion of a commission-approved
692 airboat operator course that meets the minimum standards
693 established by commission rule.
694 4. Proof of successful course completion in cardiopulmonary
695 resuscitation and first aid.
696 (b) A person issued a captain’s license by the United
697 States Coast Guard is not required to complete a boating safety
698 education course that complies with s. 327.395(2)(a) s.
699 327.395(1)(a). Proof of the captain’s license must be onboard
700 the airboat when carrying one or more passengers for hire on
701 waters of this the state.
702 Section 10. Section 327.395, Florida Statutes, is amended
703 to read:
704 327.395 Boating safety education.—
705 (1) A person born on or after January 1, 1988, may not
706 operate a vessel powered by a motor of 10 horsepower or greater
707 unless such person has in his or her possession aboard the
708 vessel the documents required by subsection (2).
709 (2) While operating a vessel, a person identified under
710 subsection (1) must have in his or her possession aboard the
711 vessel photographic identification and a Florida boating safety
712 identification card issued by the commission;, a state-issued
713 identification card or driver license indicating possession of
714 the Florida boating safety identification card;, or photographic
715 identification and a temporary certificate issued or approved by
716 the commission, an International Certificate of Competency, a
717 boating safety card or certificate from another state or United
718 States territory, or a Canadian Pleasure Craft Operator Card,
719 which shows that he or she has:
720 (a) Completed a commission-approved boating safety
721 education course that meets the minimum requirements established
722 by the National Association of State Boating Law Administrators;
723 or
724 (b) Passed a temporary certificate examination developed or
725 approved by the commission;
726 (c) A valid International Certificate of Competency; or
727 (d) Completed a boating safety education course or
728 equivalency examination in another state, a United States
729 territory, or Canada which meets or exceeds the minimum
730 requirements established by the National Association of State
731 Boating Law Administrators.
732 (3)(a)(2)(a) A person may obtain a Florida boating safety
733 identification card by successfully completing a boating safety
734 education course that meets the requirements of this section and
735 rules adopted by the commission pursuant to this section.
736 (b) A person may obtain a temporary certificate by passing
737 a temporary certificate examination that meets the requirements
738 of this section and rules adopted by the commission pursuant to
739 this section.
740 (4)(3) A Any commission-approved boating safety education
741 course or temporary certificate examination developed or
742 approved by the commission must include a component regarding
743 diving vessels, awareness of divers in the water, divers-down
744 warning devices, and the requirements of s. 327.331.
745 (4) The commission may appoint liveries, marinas, or other
746 persons as its agents to administer the course or temporary
747 certificate examination and issue identification cards or
748 temporary certificates in digital, electronic, or paper format
749 under guidelines established by the commission. An agent must
750 charge the $2 examination fee, which must be forwarded to the
751 commission with proof of passage of the examination and may
752 charge and keep a $1 service fee.
753 (5) A Florida boating safety identification card issued to
754 a person who has completed a boating safety education course is
755 valid for life. A temporary certificate issued to a person who
756 has passed a temporary certification examination is valid for 90
757 days after the date of issuance. The commission may issue either
758 the boating safety identification card or the temporary
759 certificate in a digital, electronic, or paper format.
760 (6) A person is exempt from subsection (1) if he or she:
761 (a)1. Is licensed by the United States Coast Guard to serve
762 as master of a vessel; or
763 2. Has been previously licensed by the United States Coast
764 Guard to serve as master of a vessel, provides proof of such
765 licensure to the commission, and requests that a boating safety
766 identification card be issued in his or her name.
767 (b) Operates a vessel only on a private lake or pond.
768 (c) Is accompanied in the vessel by a person who is exempt
769 from this section or who holds a boating safety identification
770 card in compliance with this section, who is 18 years of age or
771 older, and who is attendant to the operation of the vessel and
772 responsible for the safe operation of the vessel and for any
773 violation that occurs during the operation of the vessel.
774 (d) Is a nonresident who has in his or her possession
775 photographic identification and proof that he or she has
776 completed a boating safety education course or equivalency
777 examination in another state or a United States territory which
778 meets or exceeds the minimum requirements established by the
779 National Association of State Boating Law Administrators.
780 (e) Is operating a vessel within 90 days after the purchase
781 of that vessel and has available for inspection aboard that
782 vessel a bill of sale meeting the requirements of s. 328.46(1).
783 (f) Is operating a vessel within 90 days after completing a
784 boating safety education course in accordance with paragraph
785 (2)(a) the requirements of paragraph (1)(a) and has a
786 photographic identification card and a boating safety education
787 certificate available for inspection as proof of having
788 completed a boating safety education course. The boating safety
789 education certificate must provide, at a minimum, the student’s
790 first and last name, the student’s date of birth, and the date
791 that he or she passed the course examination.
792 (g) Is exempted by rule of the commission.
793 (7) A person who operates a vessel in violation of this
794 section subsection (1) commits a noncriminal infraction,
795 punishable as provided in s. 327.73.
796 (8) The commission shall institute and coordinate a
797 statewide program of boating safety instruction and
798 certification to ensure that boating safety courses and
799 examinations are available in each county of this the state. The
800 commission may appoint agents to administer the boating safety
801 education course or temporary certificate examination and may
802 authorize the agents to issue temporary certificates in digital,
803 electronic, or paper format. An agent The agents shall charge
804 and collect the $2 fee required in subsection (9) for each
805 temporary certificate requested of the commission by that agent,
806 which must be forwarded to the commission. The agent may charge
807 and keep a $1 service fee.
808 (9) The commission may is authorized to establish and to
809 collect a $2 fee for each card and temporary certificate issued
810 pursuant to this section.
811 (10) The commission shall design forms and adopt rules
812 pursuant to chapter 120 to implement the provisions of this
813 section.
814 (11) This section may be cited as the “Osmany ‘Ozzie’
815 Castellanos Boating Safety Education Act.”
816 Section 11. Present subsection (5) of section 327.4107,
817 Florida Statutes, is redesignated as subsection (6), a new
818 subsection (5) and subsection (7) are added to that section, and
819 paragraphs (d) and (e) of subsection (2) of that section are
820 amended, to read:
821 327.4107 Vessels at risk of becoming derelict on waters of
822 this state.—
823 (2) An officer of the commission or of a law enforcement
824 agency specified in s. 327.70 may determine that a vessel is at
825 risk of becoming derelict if any of the following conditions
826 exist:
827 (d) The vessel is left or stored aground unattended in such
828 a state that would prevent the vessel from getting underway, is
829 listing due to water intrusion, or is sunk or partially sunk.
830 (e) The vessel does not have an effective means of
831 propulsion for safe navigation within 72 hours after the vessel
832 owner or operator receives telephonic notice, in-person notice
833 recorded on an agency-approved body camera, or written notice,
834 which may be provided by facsimile, electronic mail, or other
835 electronic means, stating such from an officer, and the vessel
836 owner or operator is unable to provide a receipt, proof of
837 purchase, or other documentation of having ordered necessary
838 parts for vessel repair. The commission may adopt rules to
839 implement this paragraph.
840 (5) The commission, an officer of the commission, or a law
841 enforcement agency or officer specified in s. 327.70 may
842 relocate or cause to be relocated an at-risk vessel found to be
843 in violation of this section to a distance greater than 20 feet
844 from a mangrove or upland vegetation. The commission, an officer
845 of the commission, or a law enforcement agency or officer acting
846 pursuant to this subsection upon waters of this state shall be
847 held harmless for all damages to the at-risk vessel resulting
848 from such relocation unless the damage results from gross
849 negligence or willful misconduct as these terms are defined in
850 s. 823.11.
851 (7) The commission may establish a derelict vessel
852 prevention program to address vessels at risk of becoming
853 derelict. Such program may, but is not required to, include:
854 (a) Removal, relocation, and destruction of vessels
855 declared a public nuisance, derelict or at risk of becoming
856 derelict, or lost or abandoned in accordance with s. 327.53(7),
857 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
858 (b) Creation of a vessel turn-in program allowing the owner
859 of a vessel determined by law enforcement to be at risk of
860 becoming derelict in accordance with this section to turn his or
861 her vessel and vessel title over to the commission to be
862 destroyed without penalty.
863 (c) Providing for removal and destruction of an abandoned
864 vessel for which an owner cannot be identified or the owner of
865 which is deceased and no heir is interested in acquiring the
866 vessel.
867 (d) Purchase of anchor line, anchors, and other equipment
868 necessary for securing vessels at risk of becoming derelict.
869 (e) Creating or acquiring moorings designated for securing
870 vessels at risk of becoming derelict.
871
872 The commission may adopt rules to implement this subsection.
873 Implementation of the derelict vessel prevention program shall
874 be subject to appropriation by the Legislature and shall be
875 funded by the Marine Resources Conservation Trust Fund or the
876 Florida Coastal Protection Trust Fund.
877 Section 12. Section 327.4108, Florida Statutes, is amended
878 to read:
879 327.4108 Anchoring of vessels in anchoring limitation
880 areas.—
881 (1) The following densely populated urban areas, which have
882 narrow state waterways, residential docking facilities, and
883 significant recreational boating traffic, are designated as
884 anchoring limitation areas, within which a person may not anchor
885 a vessel at any time during the period between one-half hour
886 after sunset and one-half hour before sunrise, except as
887 provided in subsections (3) and (4):
888 (a) The section of Middle River lying between Northeast
889 21st Court and the Intracoastal Waterway in Broward County.
890 (b) Sunset Lake in Miami-Dade County.
891 (c) The sections of Biscayne Bay in Miami-Dade County lying
892 between:
893 1. Rivo Alto Island and Di Lido Island.
894 2. San Marino Island and San Marco Island.
895 3. San Marco Island and Biscayne Island.
896 (2)(a) Monroe County is designated as an anchoring
897 limitation area within which a vessel may only be anchored in
898 the same location for a maximum of 90 days. The commission shall
899 adopt rules to implement this subsection.
900 (b) This subsection does not apply to an approved and
901 permitted mooring field or to privately owned submerged land.
902 (c) Notwithstanding the commission rules adopted pursuant
903 to this section, this section is not effective for Monroe County
904 until the county approves, permits, and opens new moorings for
905 public use, including at least 250 moorings within 1 mile of the
906 Key West Bight City Dock and at least 50 moorings within the Key
907 West Garrison Bight Mooring Field. Until such time, the
908 commission shall designate the area within 1 mile of the Key
909 West Bight City Dock as a priority for the expedited removal of
910 derelict vessels.
911 (2) To promote the public’s use and enjoyment of the
912 designated waterway, except as provided in subsections (3) and
913 (4), a person may not anchor a vessel at any time during the
914 period between one-half hour after sunset and one-half hour
915 before sunrise in an anchoring limitation area.
916 (3) Notwithstanding subsections (1) and subsection (2), a
917 person may anchor a vessel in an anchoring limitation area
918 during a time that would otherwise be unlawful:
919 (a) If the vessel suffers a mechanical failure that poses
920 an unreasonable risk of harm to the vessel or the persons
921 onboard unless the vessel anchors. The vessel may anchor for 3
922 business days or until the vessel is repaired, whichever occurs
923 first.
924 (b) If imminent or existing weather conditions in the
925 vicinity of the vessel pose an unreasonable risk of harm to the
926 vessel or the persons onboard unless the vessel anchors. The
927 vessel may anchor until weather conditions no longer pose such
928 risk. During a hurricane or tropical storm, weather conditions
929 are deemed to no longer pose an unreasonable risk of harm when
930 the hurricane or tropical storm warning affecting the area has
931 expired.
932 (c) During events described in s. 327.48 or other special
933 events, including, but not limited to, public music
934 performances, local government waterfront activities, or
935 fireworks displays. A vessel may anchor for the lesser of the
936 duration of the special event or 3 days.
937 (4) This section does not apply to:
938 (a) Vessels owned or operated by a governmental entity for
939 law enforcement, firefighting, military, or rescue purposes.
940 (b) Construction or dredging vessels on an active job site.
941 (c) Vessels actively engaged in commercial fishing.
942 (d) Vessels engaged in recreational fishing if the persons
943 onboard are actively tending hook and line fishing gear or nets.
944 (5)(a) As used in this subsection, the term “law
945 enforcement officer or agency” means an officer or agency
946 authorized to enforce this section pursuant to s. 327.70.
947 (b) A law enforcement officer or agency may remove a vessel
948 from an anchoring limitation area and impound the vessel for up
949 to 48 hours, or cause such removal and impoundment, if the
950 vessel operator, after being issued a citation for a violation
951 of this section:
952 1. Anchors the vessel in violation of this section within
953 12 hours after being issued the citation; or
954 2. Refuses to leave the anchoring limitation area after
955 being directed to do so by a law enforcement officer or agency.
956 (c) A law enforcement officer or agency acting under this
957 subsection to remove or impound a vessel, or to cause such
958 removal or impoundment, shall be held harmless for any damage to
959 the vessel resulting from such removal or impoundment unless the
960 damage results from gross negligence or willful misconduct.
961 (d) A contractor performing removal or impoundment services
962 at the direction of a law enforcement officer or agency pursuant
963 to this subsection must:
964 1. Be licensed in accordance with United States Coast Guard
965 regulations, as applicable.
966 2. Obtain and carry a current policy issued by a licensed
967 insurance carrier in this state to insure against any accident,
968 loss, injury, property damage, or other casualty caused by or
969 resulting from the contractor’s actions.
970 3. Be properly equipped to perform such services.
971 (e) In addition to the civil penalty imposed under s.
972 327.73(1)(z), the operator of a vessel that is removed and
973 impounded pursuant to paragraph (b) must pay all removal and
974 storage fees before the vessel is released. A vessel removed
975 pursuant to paragraph (b) may not be impounded for longer than
976 48 hours.
977 (6) A violation of this section is punishable as provided
978 in s. 327.73(1)(z).
979 (7) This section shall remain in effect notwithstanding the
980 Legislature’s adoption of the commission’s recommendations for
981 the regulation of mooring vessels outside of public mooring
982 fields pursuant to s. 327.4105.
983 Section 13. Paragraph (a) of subsection (1) and subsection
984 (2) of section 327.4109, Florida Statutes, are amended to read:
985 327.4109 Anchoring or mooring prohibited; exceptions;
986 penalties.—
987 (1)(a) The owner or operator of a vessel or floating
988 structure may not anchor or moor such that the nearest approach
989 of the anchored or moored vessel or floating structure is:
990 1. Within 150 feet of any public or private marina, boat
991 ramp, boatyard, or other public vessel launching or loading
992 facility;
993 2. Within 500 300 feet of a superyacht repair facility. For
994 purposes of this subparagraph, the term “superyacht repair
995 facility” means a facility that services or repairs a yacht with
996 a water line of 120 feet or more in length; or
997 3. Within 100 feet outward from the marked boundary of a
998 public mooring field or a lesser distance if approved by the
999 commission upon request of a local government within which the
1000 mooring field is located. The commission may adopt rules to
1001 implement this subparagraph.
1002 (2) Notwithstanding subsection (1), an owner or operator of
1003 a vessel may anchor or moor within 150 feet of any public or
1004 private marina, boat ramp, boatyard, or other public vessel
1005 launching or loading facility; within 500 300 feet of a
1006 superyacht repair facility; or within 100 feet outward from the
1007 marked boundary of a public mooring field if:
1008 (a) The vessel suffers a mechanical failure that poses an
1009 unreasonable risk of harm to the vessel or the persons onboard
1010 such vessel. The owner or operator of the vessel may anchor or
1011 moor for 5 business days or until the vessel is repaired,
1012 whichever occurs first.
1013 (b) Imminent or existing weather conditions in the vicinity
1014 of the vessel pose an unreasonable risk of harm to the vessel or
1015 the persons onboard such vessel. The owner or operator of the
1016 vessel may anchor or moor until weather conditions no longer
1017 pose such risk. During a hurricane or tropical storm, weather
1018 conditions are deemed to no longer pose an unreasonable risk of
1019 harm when the hurricane or tropical storm warning affecting the
1020 area has expired.
1021 Section 14. Subsection (2) of section 327.45, Florida
1022 Statutes, is amended to read:
1023 327.45 Protection zones for springs.—
1024 (2) The commission may establish by rule protection zones
1025 that restrict the speed and operation of vessels, or that
1026 prohibit the anchoring, mooring, beaching, or grounding of
1027 vessels, to protect and prevent harm to first, second, and third
1028 magnitude springs and springs groups, including their associated
1029 spring runs, as determined by the commission using the most
1030 recent Florida Geological Survey springs bulletin. This harm
1031 includes negative impacts to water quality, water quantity,
1032 hydrology, wetlands, and aquatic and wetland-dependent species.
1033 Section 15. Paragraph (b) of subsection (1) of section
1034 327.46, Florida Statutes, is amended to read:
1035 327.46 Boating-restricted areas.—
1036 (1) Boating-restricted areas, including, but not limited
1037 to, restrictions of vessel speeds and vessel traffic, may be
1038 established on the waters of this state for any purpose
1039 necessary to protect the safety of the public if such
1040 restrictions are necessary based on boating accidents,
1041 visibility, hazardous currents or water levels, vessel traffic
1042 congestion, or other navigational hazards or to protect
1043 seagrasses on privately owned submerged lands.
1044 (b) Municipalities and counties may have the authority to
1045 establish the following boating-restricted areas by ordinance,
1046 including, notwithstanding the prohibition in s. 327.60(2)(c),
1047 within the portion of the Florida Intracoastal Waterway within
1048 their jurisdiction:
1049 1. An ordinance establishing an idle speed, no wake
1050 boating-restricted area, if the area is:
1051 a. Within 500 feet of any boat ramp, hoist, marine railway,
1052 or other launching or landing facility available for use by the
1053 general boating public on waterways more than 300 feet in width
1054 or within 300 feet of any boat ramp, hoist, marine railway, or
1055 other launching or landing facility available for use by the
1056 general boating public on waterways not exceeding 300 feet in
1057 width.
1058 b. Within 500 feet of fuel pumps or dispensers at any
1059 marine fueling facility that sells motor fuel to the general
1060 boating public on waterways more than 300 feet in width or
1061 within 300 feet of the fuel pumps or dispensers at any licensed
1062 terminal facility that sells motor fuel to the general boating
1063 public on waterways not exceeding 300 feet in width.
1064 c. Inside or within 300 feet of any lock structure.
1065 2. An ordinance establishing a slow speed, minimum wake
1066 boating-restricted area if the area is:
1067 a. Within 300 feet of any bridge fender system.
1068 b. Within 300 feet of any bridge span presenting a vertical
1069 clearance of less than 25 feet or a horizontal clearance of less
1070 than 100 feet.
1071 c. On a creek, stream, canal, or similar linear waterway if
1072 the waterway is less than 75 feet in width from shoreline to
1073 shoreline.
1074 d. On a lake or pond of less than 10 acres in total surface
1075 area.
1076 e. Within the boundaries of a permitted public mooring
1077 field and a buffer around the mooring field of up to 100 feet.
1078 3. An ordinance establishing a vessel-exclusion zone if the
1079 area is:
1080 a. Designated as a public bathing beach or swim area,
1081 except that such areas may not be established within the Florida
1082 Intracoastal Waterway.
1083 b. Within 300 feet of a dam, spillway, or flood control
1084 structure.
1085 Section 16. Section 327.463, Florida Statutes, is created
1086 to read:
1087 327.463 Special hazards.—
1088 (1) For purposes of this section, a vessel:
1089 (a) Is operating at slow speed, minimum wake only if it is:
1090 1. Fully off plane and completely settled into the water;
1091 and
1092 2. Proceeding without wake or with minimum wake.
1093
1094 A vessel that is required to operate at slow speed, minimum wake
1095 may not proceed at a speed greater than a speed that is
1096 reasonable and prudent to avoid the creation of an excessive
1097 wake or other hazardous condition under the existing
1098 circumstances.
1099 (b) Is not proceeding at slow speed, minimum wake if it is:
1100 1. Operating on plane;
1101 2. In the process of coming off plane and settling into the
1102 water or getting on plane; or
1103 3. Operating at a speed that creates a wake that
1104 unreasonably or unnecessarily endangers other vessels.
1105 (2) A person may not operate a vessel faster than slow
1106 speed, minimum wake within 300 feet of any emergency vessel,
1107 including, but not limited to, a law enforcement vessel, United
1108 States Coast Guard vessel, or firefighting vessel, when such
1109 emergency vessel’s emergency lights are activated.
1110 (3)(a) A person may not operate a vessel faster than slow
1111 speed, minimum wake within 300 feet of any construction vessel
1112 or barge when the vessel or barge is displaying an orange flag
1113 from a pole extending:
1114 1. At least 10 feet above the tallest portion of the vessel
1115 or barge, indicating that the vessel or barge is actively
1116 engaged in construction operations; or
1117 2. At least 5 feet above any superstructure permanently
1118 installed upon the vessel or barge, indicating that the vessel
1119 or barge is actively engaged in construction operations.
1120 (b) A flag displayed on a construction vessel or barge
1121 pursuant to this subsection must:
1122 1. Be at least 2 feet by 3 feet in size.
1123 2. Have a wire or other stiffener or be otherwise
1124 constructed to ensure that the flag remains fully unfurled and
1125 extended in the absence of a wind or breeze.
1126 3. Be displayed so that the visibility of the flag is not
1127 obscured in any direction.
1128 (c) In periods of low visibility, including any time
1129 between 30 minutes after sunset and 30 minutes before sunrise, a
1130 person may not be cited for a violation of this subsection
1131 unless the orange flag is illuminated and visible from a
1132 distance of at least 2 nautical miles. Such illumination does
1133 not relieve the construction vessel or barge from complying with
1134 all navigation rules.
1135 (4)(a) A person operating a vessel in violation of this
1136 section commits a noncriminal infraction, punishable as provided
1137 in s. 327.73.
1138 (b) The owner of, or party who is responsible for, a
1139 construction vessel or barge who displays an orange flag on the
1140 vessel or barge when it is not actively engaged in construction
1141 operations commits a noncriminal infraction, punishable as
1142 provided in s. 327.73.
1143 (5) The speed and penalty provisions of this section do not
1144 apply to a law enforcement, firefighting, or rescue vessel that
1145 is owned or operated by a governmental entity.
1146 Section 17. Paragraph (a) of subsection (1) of section
1147 327.50, Florida Statutes, is amended to read:
1148 327.50 Vessel safety regulations; equipment and lighting
1149 requirements.—
1150 (1)(a) The owner and operator of every vessel on the waters
1151 of this state shall carry, store, maintain, and use safety
1152 equipment in accordance with current United States Coast Guard
1153 safety equipment requirements as specified in the Code of
1154 Federal Regulations, unless expressly exempted by the commission
1155 department.
1156 Section 18. Paragraph (a) of subsection (6) and subsection
1157 (7) of section 327.53, Florida Statutes, are amended, and
1158 subsection (8) is added to that section, to read:
1159 327.53 Marine sanitation.—
1160 (6)(a) A violation of this section is a noncriminal
1161 infraction, punishable as provided in s. 327.73. Each violation
1162 shall be a separate offense. The owner and operator of any
1163 vessel shall be jointly and severally liable for the civil
1164 penalty imposed pursuant to this section.
1165 (7) A Any vessel or floating structure operated or occupied
1166 on the waters of this the state in violation of this section is
1167 declared a nuisance and a hazard to public safety and health.
1168 The owner or operator of a any vessel or floating structure
1169 cited for violating this section shall, within 30 days following
1170 the issuance of the citation, correct the violation for which
1171 the citation was issued or remove the vessel or floating
1172 structure from the waters of this the state. If the violation is
1173 not corrected within the 30 days and the vessel or floating
1174 structure remains on the waters of this the state in violation
1175 of this section, law enforcement officers charged with the
1176 enforcement of this chapter under s. 327.70 shall apply to the
1177 appropriate court in the county in which the vessel or floating
1178 structure is located, to order or otherwise cause the removal of
1179 such vessel or floating structure from the waters of this the
1180 state at the owner’s expense. If the owner cannot be found or
1181 otherwise fails to pay the removal costs, the provisions of s.
1182 328.17 shall apply. If the proceeds under s. 328.17 are not
1183 sufficient to pay all removal costs, funds appropriated from the
1184 Marine Resources Conservation Trust Fund pursuant to paragraph
1185 (6)(b) or s. 328.72(15)(c) s. 328.72(16) may be used.
1186 (8) The owner or operator of a live-aboard vessel as
1187 defined in s. 327.02(23), or a houseboat as defined in s.
1188 327.02(17), that is equipped with a marine sanitation device
1189 must maintain a record of the date of each pumpout of the marine
1190 sanitation device and the location of the pumpout station or
1191 waste reception facility. Each record must be maintained for 1
1192 year after the date of the pumpout.
1193 Section 19. Subsection (2) of section 327.54, Florida
1194 Statutes, is amended to read:
1195 327.54 Liveries; safety regulations; penalty.—
1196 (2) A livery may not knowingly lease, hire, or rent a any
1197 vessel powered by a motor of 10 horsepower or greater to a any
1198 person who is required to comply with s. 327.395, unless such
1199 person presents to the livery photographic identification and a
1200 valid boater safety identification card issued by the
1201 commission, a state-issued identification card or driver license
1202 indicating possession of the boating safety identification card,
1203 or photographic identification and a valid temporary certificate
1204 issued or approved by the commission as required under s.
1205 327.395(2) s. 327.395(1), or meets the exemption provided under
1206 s. 327.395(6)(f).
1207 Section 20. Subsection (5) of section 327.60, Florida
1208 Statutes, is amended to read:
1209 327.60 Local regulations; limitations.—
1210 (5) A local government may enact and enforce regulations to
1211 implement the procedures for abandoned or lost property that
1212 allow the local law enforcement agency to remove a vessel
1213 affixed to a public dock or mooring within its jurisdiction that
1214 is abandoned or lost property pursuant to s. 705.103(1). Such
1215 regulation must require the local law enforcement agency to post
1216 a written notice at least 24 hours before removing the vessel.
1217 Section 21. Paragraphs (q), (s), and (aa) of subsection (1)
1218 of section 327.73, Florida Statutes, are amended, and paragraphs
1219 (cc) and (dd) are added to that subsection, to read:
1220 327.73 Noncriminal infractions.—
1221 (1) Violations of the following provisions of the vessel
1222 laws of this state are noncriminal infractions:
1223 (q) Section 327.53(1), (2), and (3), and (8), relating to
1224 marine sanitation.
1225 (s) Section 327.395, relating to boater safety education.
1226 However, a person cited for violating the requirements of s.
1227 327.395 relating to failure to have required proof of boating
1228 safety education in his or her possession may not be convicted
1229 if, before or at the time of a county court hearing, the person
1230 produces proof of the boating safety education identification
1231 card or temporary certificate for verification by the hearing
1232 officer or the court clerk and the identification card or
1233 temporary certificate was valid at the time the person was
1234 cited.
1235 (aa) Section 327.4107, relating to vessels at risk of
1236 becoming derelict on waters of this state, for which the civil
1237 penalty is:
1238 1. For a first offense, $100 $50.
1239 2. For a second offense occurring 30 days or more after a
1240 first offense, $250 $100.
1241 3. For a third or subsequent offense occurring 30 days or
1242 more after a previous offense, $500 $250.
1243
1244 A vessel that is the subject of three or more violations issued
1245 pursuant to the same paragraph of s. 327.4107(2) within an 18
1246 month period which result in dispositions other than acquittal
1247 or dismissal shall be declared to be a public nuisance and
1248 subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
1249 an officer of the commission, or a law enforcement agency or
1250 officer specified in s. 327.70 may relocate, remove, or cause to
1251 be relocated or removed such public nuisance vessels from waters
1252 of this state. The commission, an officer of the commission, or
1253 a law enforcement agency or officer acting pursuant to this
1254 paragraph upon waters of this state shall be held harmless for
1255 all damages to the vessel resulting from such relocation or
1256 removal unless the damage results from gross negligence or
1257 willful misconduct as these terms are defined in s. 823.11.
1258 (cc) Section 327.463(4)(a) and (b), relating to vessels
1259 creating special hazards, for which the penalty is:
1260 1. For a first offense, $50.
1261 2. For a second offense occurring within 12 months after a
1262 prior offense, $100.
1263 3. For a third offense occurring within 36 months after a
1264 prior offense, $250.
1265 (dd) Section 327.371, relating to the regulation of human
1266 powered vessels.
1267
1268 Any person cited for a violation of any provision of this
1269 subsection shall be deemed to be charged with a noncriminal
1270 infraction, shall be cited for such an infraction, and shall be
1271 cited to appear before the county court. The civil penalty for
1272 any such infraction is $50, except as otherwise provided in this
1273 section. Any person who fails to appear or otherwise properly
1274 respond to a uniform boating citation shall, in addition to the
1275 charge relating to the violation of the boating laws of this
1276 state, be charged with the offense of failing to respond to such
1277 citation and, upon conviction, be guilty of a misdemeanor of the
1278 second degree, punishable as provided in s. 775.082 or s.
1279 775.083. A written warning to this effect shall be provided at
1280 the time such uniform boating citation is issued.
1281 Section 22. Subsection (4) of section 328.09, Florida
1282 Statutes, is amended to read:
1283 328.09 Refusal to issue and authority to cancel a
1284 certificate of title or registration.—
1285 (4) The department may not issue a certificate of title to
1286 an any applicant for a any vessel that has been deemed derelict
1287 by a law enforcement officer under s. 376.15 or s. 823.11. A law
1288 enforcement officer must inform the department in writing, which
1289 may be provided by facsimile, electronic mail, or other
1290 electronic means, of the vessel’s derelict status and supply the
1291 department with the vessel title number or vessel identification
1292 number. The department may issue a certificate of title once a
1293 law enforcement officer has verified in writing, which may be
1294 provided by facsimile, electronic mail, or other electronic
1295 means, that the vessel is no longer a derelict vessel.
1296 Section 23. Effective July 1, 2023, paragraph (e) of
1297 subsection (3) of section 328.09, Florida Statutes, as amended
1298 by section 12 of chapter 2019-76, Laws of Florida, is amended to
1299 read:
1300 328.09 Refusal to issue and authority to cancel a
1301 certificate of title or registration.—
1302 (3) Except as otherwise provided in subsection (4), the
1303 department may reject an application for a certificate of title
1304 only if:
1305 (e) The application is for a vessel that has been deemed
1306 derelict by a law enforcement officer under s. 376.15 or s.
1307 823.11. In such case, a law enforcement officer must inform the
1308 department in writing, which may be provided by facsimile, e
1309 mail, or other electronic means, of the vessel’s derelict status
1310 and supply the department with the vessel title number or vessel
1311 identification number. The department may issue a certificate of
1312 title once a law enforcement officer has verified in writing,
1313 which may be provided by facsimile, e-mail, or other electronic
1314 means, that the vessel is no longer a derelict vessel.
1315 Section 24. Section 376.15, Florida Statutes, is amended to
1316 read:
1317 376.15 Derelict vessels; relocation or removal from public
1318 waters of this state.—
1319 (1) As used in this section, the term:
1320 (a) “Commission” means the Fish and Wildlife Conservation
1321 Commission.
1322 (b) “Gross negligence” means conduct so reckless or wanting
1323 in care that it constitutes a conscious disregard or
1324 indifference to the safety of the property exposed to such
1325 conduct.
1326 (c) “Willful misconduct” means conduct evidencing
1327 carelessness or negligence of such a degree or recurrence as to
1328 manifest culpability, wrongful intent, or evil design or to show
1329 an intentional and substantial disregard of the interests of the
1330 vessel owner.
1331 (2)(a) It is unlawful for any person, firm, or corporation
1332 to store, leave, or abandon any derelict vessel as defined in s.
1333 823.11 upon the waters of in this state. For purposes of this
1334 paragraph, the term “leave” means to allow a vessel to remain
1335 occupied or unoccupied on the waters of this state for more than
1336 24 hours.
1337 (b) Notwithstanding paragraph (a), a person who owns or
1338 operates a vessel that becomes derelict upon the waters of this
1339 state solely as a result of a boating accident that is reported
1340 to law enforcement in accordance with s. 327.301 or otherwise
1341 reported to law enforcement; a hurricane; or another sudden
1342 event outside of his or her control may not be charged with a
1343 violation if:
1344 1. The individual documents for law enforcement the
1345 specific event that led to the vessel being derelict upon the
1346 waters of this state; and
1347 2. The vessel has been removed from the waters of this
1348 state or has been repaired or addressed such that it is no
1349 longer derelict upon the waters of this state:
1350 a. For a vessel that has become derelict as a result of a
1351 boating accident or other sudden event outside of his or her
1352 control, within 7 days after such accident or event; or
1353 b. Within 45 days after the hurricane has passed over this
1354 state.
1355 (c) This subsection does not apply to a vessel that was
1356 derelict upon the waters of this state before the stated
1357 accident or event.
1358 (3)(a) The commission, an officer officers of the
1359 commission, or a and any law enforcement agency or officer
1360 specified in s. 327.70 may are authorized and empowered to
1361 relocate, remove, store, destroy, or dispose of or cause to be
1362 relocated, or removed, stored, destroyed, or disposed of a any
1363 derelict vessel as defined in s. 823.11 from public waters of
1364 this state as defined in s. 327.02. All costs, including costs
1365 owed to a third party, incurred by the commission or other law
1366 enforcement agency in the relocation, or removal, storage,
1367 destruction, or disposal of any abandoned or derelict vessel are
1368 recoverable against the owner of the vessel or the party
1369 determined to be legally responsible for the vessel being upon
1370 the waters of this state in a derelict condition. The Department
1371 of Legal Affairs shall represent the commission in actions to
1372 recover such costs.
1373 (b) The commission, an officer officers of the commission,
1374 or a and any other law enforcement agency or officer specified
1375 in s. 327.70 acting pursuant to under this section to relocate,
1376 remove, store, destroy, or dispose of or cause to be relocated,
1377 or removed, stored, destroyed, or disposed of a derelict vessel
1378 from public waters of this state as defined in s. 327.02 shall
1379 be held harmless for all damages to the derelict vessel
1380 resulting from such action relocation or removal unless the
1381 damage results from gross negligence or willful misconduct as
1382 these terms are defined in s. 823.11.
1383 (c) A contractor performing relocation or removal
1384 activities at the direction of the commission, an officer
1385 officers of the commission, or a law enforcement agency or
1386 officer, or a governmental subdivision, when the governmental
1387 subdivision has received authorization for the relocation or
1388 removal from a law enforcement officer or agency pursuant to
1389 this section, must be licensed in accordance with applicable
1390 United States Coast Guard regulations where required; obtain and
1391 carry in full force and effect a policy from a licensed
1392 insurance carrier in this state to insure against any accident,
1393 loss, injury, property damage, or other casualty caused by or
1394 resulting from the contractor’s actions; and be properly
1395 equipped to perform the services to be provided.
1396 (d) The commission may establish a program to provide
1397 grants to local governments for the removal, storage,
1398 destruction, and disposal of derelict vessels from the public
1399 waters of this the state as defined in s. 327.02. The program
1400 shall be funded from the Marine Resources Conservation Trust
1401 Fund or the Florida Coastal Protection Trust Fund.
1402 Notwithstanding the provisions in s. 216.181(11), funds
1403 available for grants may only be authorized by appropriations
1404 acts of the Legislature. In a given fiscal year, if all funds
1405 appropriated pursuant to this paragraph are not requested by and
1406 granted to local governments for the removal, storage,
1407 destruction, and disposal of derelict vessels by the end of the
1408 third quarter, the Fish and Wildlife Conservation Commission may
1409 use the remainder of the funds to remove, store, destroy, and
1410 dispose of, or to pay private contractors to remove, store,
1411 destroy, and dispose of, derelict vessels.
1412 (e) The commission shall adopt by rule procedures for
1413 submitting a grant application and criteria for allocating
1414 available funds. Such criteria shall include, but not be limited
1415 to, the following:
1416 1. The number of derelict vessels within the jurisdiction
1417 of the applicant.
1418 2. The threat posed by such vessels to public health or
1419 safety, the environment, navigation, or the aesthetic condition
1420 of the general vicinity.
1421 3. The degree of commitment of the local government to
1422 maintain waters free of abandoned and derelict vessels and to
1423 seek legal action against those who abandon vessels in the
1424 waters of this the state as defined in s. 327.02.
1425 (f) This section constitutes the authority for such removal
1426 but is not intended to be in contravention of any applicable
1427 federal act.
1428 Section 25. Subsections (2) and (4) of section 705.103,
1429 Florida Statutes, are amended to read:
1430 705.103 Procedure for abandoned or lost property.—
1431 (2)(a)1. Whenever a law enforcement officer ascertains
1432 that:
1433 a. An article of lost or abandoned property other than a
1434 derelict vessel or a vessel declared a public nuisance pursuant
1435 to s. 327.73(1)(aa) is present on public property and is of such
1436 nature that it cannot be easily removed, the officer shall cause
1437 a notice to be placed upon such article in substantially the
1438 following form:
1439
1440 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1441 PROPERTY. This property, to wit: ...(setting forth brief
1442 description)... is unlawfully upon public property known as
1443 ...(setting forth brief description of location)... and must be
1444 removed within 5 days; otherwise, it will be removed and
1445 disposed of pursuant to chapter 705, Florida Statutes. The owner
1446 will be liable for the costs of removal, storage, and
1447 publication of notice. Dated this: ...(setting forth the date of
1448 posting of notice)..., signed: ...(setting forth name, title,
1449 address, and telephone number of law enforcement officer)....
1450
1451 b. A derelict vessel or a vessel declared a public nuisance
1452 pursuant to s. 327.73(1)(aa) is present on the waters of this
1453 state, the officer shall cause a notice to be placed upon such
1454 vessel in substantially the following form:
1455
1456 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1457 VESSEL. This vessel, to wit: ...(setting forth brief
1458 description)... has been determined to be (derelict or a public
1459 nuisance) and is unlawfully upon waters of this state
1460 ...(setting forth brief description of location)... and must be
1461 removed within 21 days; otherwise, it will be removed and
1462 disposed of pursuant to chapter 705, Florida Statutes. The owner
1463 and other interested parties have the right to a hearing to
1464 challenge the determination that this vessel is derelict or
1465 otherwise in violation of the law. Please contact ...(contact
1466 information for person who can arrange for a hearing in
1467 accordance with this section).... The owner or the party
1468 determined to be legally responsible for the vessel being upon
1469 the waters of this state in a derelict condition will be liable
1470 for the costs of removal, destruction, and disposal if this
1471 vessel is not removed by the owner. Dated this: ...(setting
1472 forth the date of posting of notice)..., signed: ...(setting
1473 forth name, title, address, and telephone number of law
1474 enforcement officer)....
1475 2. The notices required under subparagraph 1. may Such
1476 notice shall be not be less than 8 inches by 10 inches and shall
1477 be sufficiently weatherproof to withstand normal exposure to the
1478 elements. In addition to posting, the law enforcement officer
1479 shall make a reasonable effort to ascertain the name and address
1480 of the owner. If such is reasonably available to the officer,
1481 she or he shall mail a copy of such notice to the owner on or
1482 before the date of posting. If the property is a motor vehicle
1483 as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
1484 the law enforcement agency shall contact the Department of
1485 Highway Safety and Motor Vehicles in order to determine the name
1486 and address of the owner and any person who has filed a lien on
1487 the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
1488 328.15(1). On receipt of this information, the law enforcement
1489 agency shall mail a copy of the notice by certified mail, return
1490 receipt requested, to the owner and to the lienholder, if any,
1491 except that a law enforcement officer who has issued a citation
1492 for a violation of s. 376.15 or s. 823.11 to the owner of a
1493 derelict vessel is not required to mail a copy of the notice by
1494 certified mail, return receipt requested, to the owner. For a
1495 derelict vessel or a vessel declared a public nuisance pursuant
1496 to s. 327.73(1)(aa), the mailed notice must inform the owner or
1497 responsible party that he or she has a right to a hearing to
1498 dispute the determination that the vessel is derelict or
1499 otherwise in violation of the law. If a request for a hearing is
1500 made, a state agency shall follow the processes set forth in s.
1501 120.569. Local governmental entities shall follow the processes
1502 set forth in s. 120.569, except that a local judge, magistrate,
1503 or code enforcement officer may be designated to conduct such a
1504 hearing. If, at the end of 5 days after posting the notice in
1505 sub-subparagraph 1.a., or at the end of 21 days after posting
1506 the notice in sub-subparagraph 1.b., and mailing such notice, if
1507 required, the owner or any person interested in the lost or
1508 abandoned article or articles described has not removed the
1509 article or articles from public property or shown reasonable
1510 cause for failure to do so, and, in the case of a derelict
1511 vessel or a vessel declared a public nuisance pursuant to s.
1512 327.73(1)(aa), has not requested a hearing in accordance with
1513 this section, the following shall apply:
1514 a.(a) For abandoned property other than a derelict vessel
1515 or a vessel declared a public nuisance pursuant to s.
1516 327.73(1)(aa), the law enforcement agency may retain any or all
1517 of the property for its own use or for use by the state or unit
1518 of local government, trade such property to another unit of
1519 local government or state agency, donate the property to a
1520 charitable organization, sell the property, or notify the
1521 appropriate refuse removal service.
1522 b. For a derelict vessel or a vessel declared a public
1523 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
1524 agency or its designee may:
1525 (I) Remove the vessel from the waters of this state and
1526 destroy and dispose of the vessel or authorize another
1527 governmental entity or its designee to do so; or
1528 (II) Authorize the vessel’s use as an artificial reef in
1529 accordance with s. 379.249 if all necessary federal, state, and
1530 local authorizations are received.
1531
1532 A law enforcement agency or its designee may also take action as
1533 described in this sub-subparagraph if, following a hearing
1534 pursuant to this section, the judge, magistrate, administrative
1535 law judge, or hearing officer has determined the vessel to be
1536 derelict as provided in s. 823.11 or otherwise in violation of
1537 the law in accordance with s. 327.73(1)(aa) and a final order
1538 has been entered or the case is otherwise closed.
1539 (b) For lost property, the officer shall take custody and
1540 the agency shall retain custody of the property for 90 days. The
1541 agency shall publish notice of the intended disposition of the
1542 property, as provided in this section, during the first 45 days
1543 of this time period.
1544 1. If the agency elects to retain the property for use by
1545 the unit of government, donate the property to a charitable
1546 organization, surrender such property to the finder, sell the
1547 property, or trade the property to another unit of local
1548 government or state agency, notice of such election shall be
1549 given by an advertisement published once a week for 2
1550 consecutive weeks in a newspaper of general circulation in the
1551 county where the property was found if the value of the property
1552 is more than $100. If the value of the property is $100 or less,
1553 notice shall be given by posting a description of the property
1554 at the law enforcement agency where the property was turned in.
1555 The notice must be posted for not less than 2 consecutive weeks
1556 in a public place designated by the law enforcement agency. The
1557 notice must describe the property in a manner reasonably
1558 adequate to permit the rightful owner of the property to claim
1559 it.
1560 2. If the agency elects to sell the property, it must do so
1561 at public sale by competitive bidding. Notice of the time and
1562 place of the sale shall be given by an advertisement of the sale
1563 published once a week for 2 consecutive weeks in a newspaper of
1564 general circulation in the county where the sale is to be held.
1565 The notice shall include a statement that the sale shall be
1566 subject to any and all liens. The sale must be held at the
1567 nearest suitable place to that where the lost or abandoned
1568 property is held or stored. The advertisement must include a
1569 description of the goods and the time and place of the sale. The
1570 sale may take place no earlier than 10 days after the final
1571 publication. If there is no newspaper of general circulation in
1572 the county where the sale is to be held, the advertisement shall
1573 be posted at the door of the courthouse and at three other
1574 public places in the county at least 10 days prior to sale.
1575 Notice of the agency’s intended disposition shall describe the
1576 property in a manner reasonably adequate to permit the rightful
1577 owner of the property to identify it.
1578 (4) The owner of any abandoned or lost property, or in the
1579 case of a derelict vessel, the owner or other party determined
1580 to be legally responsible for the vessel being upon the waters
1581 of this state in a derelict condition, who, after notice as
1582 provided in this section, does not remove such property within
1583 the specified period shall be liable to the law enforcement
1584 agency, other governmental entity, or the agency’s or entity’s
1585 designee for all costs of removal, storage, and destruction of
1586 such property, less any salvage value obtained by disposal of
1587 the property. Upon final disposition of the property, the law
1588 enforcement officer or representative of the law enforcement
1589 agency or other governmental entity shall notify the owner, if
1590 known, of the amount owed. In the case of an abandoned vessel or
1591 motor vehicle, any person who neglects or refuses to pay such
1592 amount is not entitled to be issued a certificate of
1593 registration for such vessel or motor vehicle, or any other
1594 vessel or motor vehicle, until such costs have been paid. A
1595 person who has neglected or refused to pay all costs of removal,
1596 storage, disposal, and destruction of a vessel or motor vehicle
1597 as provided in this section, after having been provided written
1598 notice via certified mail that such costs are owed, and who
1599 applies for and is issued a registration for a vessel or motor
1600 vehicle before such costs have been paid in full commits a
1601 misdemeanor of the first degree, punishable as provided in s.
1602 775.082 or s. 775.083. The law enforcement officer or
1603 representative of the law enforcement agency or other
1604 governmental entity shall supply the Department of Highway
1605 Safety and Motor Vehicles with a list of persons whose vessel
1606 registration privileges and or whose motor vehicle privileges
1607 have been revoked under this subsection. Neither The department
1608 or a nor any other person acting as an agent of the department
1609 may not thereof shall issue a certificate of registration to a
1610 person whose vessel and or motor vehicle registration privileges
1611 have been revoked, as provided by this subsection, until such
1612 costs have been paid.
1613 Section 26. Effective July 1, 2023, subsection (2) of
1614 section 705.103, Florida Statutes, as amended by section 29 of
1615 chapter 2019-76, Laws of Florida, is amended to read:
1616 705.103 Procedure for abandoned or lost property.—
1617 (2)(a)1. Whenever a law enforcement officer ascertains
1618 that:
1619 a. An article of lost or abandoned property other than a
1620 derelict vessel or a vessel declared a public nuisance pursuant
1621 to s. 327.73(1)(aa) is present on public property and is of such
1622 nature that it cannot be easily removed, the officer shall cause
1623 a notice to be placed upon such article in substantially the
1624 following form:
1625
1626 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1627 PROPERTY. This property, to wit: ...(setting forth brief
1628 description)... is unlawfully upon public property known as
1629 ...(setting forth brief description of location)... and must be
1630 removed within 5 days; otherwise, it will be removed and
1631 disposed of pursuant to chapter 705, Florida Statutes. The owner
1632 will be liable for the costs of removal, storage, and
1633 publication of notice. Dated this: ...(setting forth the date of
1634 posting of notice)..., signed: ...(setting forth name, title,
1635 address, and telephone number of law enforcement officer)....
1636
1637 b. A derelict vessel or a vessel declared a public nuisance
1638 pursuant to s. 327.73(1)(aa) is present on the waters of this
1639 state, the officer shall cause a notice to be placed upon such
1640 vessel in substantially the following form:
1641
1642 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1643 VESSEL. This vessel, to wit: ...(setting forth brief description
1644 of location)... has been determined to be (derelict or a public
1645 nuisance) and is unlawfully upon the waters of this state
1646 ...(setting forth brief description of location)... and must be
1647 removed within 21 days; otherwise, it will be removed and
1648 disposed of pursuant to chapter 705, Florida Statutes. The owner
1649 and other interested parties have the right to a hearing to
1650 challenge the determination that this vessel is derelict or
1651 otherwise in violation of the law. Please contact ...(contact
1652 information for person who can arrange for a hearing in
1653 accordance with this section)... The owner or the party
1654 determined to be legally responsible for the vessel being upon
1655 the waters of this state in a derelict condition will be liable
1656 for the costs of removal, destruction, and disposal if this
1657 vessel is not removed by the owner. Dated this: ...(setting
1658 forth the date of posting of notice)..., signed: ...(setting
1659 forth name, title, address, and telephone number of law
1660 enforcement officer)....
1661
1662 2. The notices required under subparagraph 1. may Such
1663 notice shall be not be less than 8 inches by 10 inches and shall
1664 be sufficiently weatherproof to withstand normal exposure to the
1665 elements. In addition to posting, the law enforcement officer
1666 shall make a reasonable effort to ascertain the name and address
1667 of the owner. If such is reasonably available to the officer,
1668 she or he shall mail a copy of such notice to the owner on or
1669 before the date of posting. If the property is a motor vehicle
1670 as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
1671 the law enforcement agency shall contact the Department of
1672 Highway Safety and Motor Vehicles in order to determine the name
1673 and address of the owner and any person who has filed a lien on
1674 the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
1675 328.15. On receipt of this information, the law enforcement
1676 agency shall mail a copy of the notice by certified mail, return
1677 receipt requested, to the owner and to the lienholder, if any,
1678 except that a law enforcement officer who has issued a citation
1679 for a violation of s. 376.15 or s. 823.11 to the owner of a
1680 derelict vessel is not required to mail a copy of the notice by
1681 certified mail, return receipt requested, to the owner. For a
1682 derelict vessel or a vessel declared a public nuisance pursuant
1683 to s. 327.73(1)(aa), the mailed notice must inform the owner or
1684 responsible party that he or she has a right to a hearing to
1685 dispute the determination that the vessel is derelict or
1686 otherwise in violation of the law. If a request for a hearing is
1687 made, a state agency shall follow the processes as set forth in
1688 s. 120.569. Local governmental entities shall follow the
1689 processes set forth in s. 120.569, except that a local judge,
1690 magistrate, or code enforcement officer may be designated to
1691 conduct such a hearing. If, at the end of 5 days after posting
1692 the notice in sub-subparagraph 1.a., or at the end of 21 days
1693 after posting the notice in sub-subparagraph 1.b., and mailing
1694 such notice, if required, the owner or any person interested in
1695 the lost or abandoned article or articles described has not
1696 removed the article or articles from public property or shown
1697 reasonable cause for failure to do so, and, in the case of a
1698 derelict vessel or a vessel declared a public nuisance pursuant
1699 to s. 327.73(1)(aa), has not requested a hearing in accordance
1700 with this section, the following shall apply:
1701 a.(a) For abandoned property other than a derelict vessel
1702 or a vessel declared a public nuisance pursuant to s.
1703 327.73(1)(aa), the law enforcement agency may retain any or all
1704 of the property for its own use or for use by the state or unit
1705 of local government, trade such property to another unit of
1706 local government or state agency, donate the property to a
1707 charitable organization, sell the property, or notify the
1708 appropriate refuse removal service.
1709 b. For a derelict vessel or a vessel declared a public
1710 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
1711 agency or its designee may:
1712 (I) Remove the vessel from the waters of this state and
1713 destroy and dispose of the vessel or authorize another
1714 governmental entity or its designee to do so; or
1715 (II) Authorize the vessel’s use as an artificial reef in
1716 accordance with s. 379.249 if all necessary federal, state, and
1717 local authorizations are received.
1718
1719 A law enforcement agency or its designee may also take action as
1720 described in this sub-subparagraph if, following a hearing
1721 pursuant to this section, the judge, magistrate, administrative
1722 law judge, or hearing officer has determined the vessel to be
1723 derelict as provided in s. 823.11 or otherwise in violation of
1724 the law in accordance with s. 327.73(1)(aa) and a final order
1725 has been entered or the case is otherwise closed.
1726 (b) For lost property, the officer shall take custody and
1727 the agency shall retain custody of the property for 90 days. The
1728 agency shall publish notice of the intended disposition of the
1729 property, as provided in this section, during the first 45 days
1730 of this time period.
1731 1. If the agency elects to retain the property for use by
1732 the unit of government, donate the property to a charitable
1733 organization, surrender such property to the finder, sell the
1734 property, or trade the property to another unit of local
1735 government or state agency, notice of such election shall be
1736 given by an advertisement published once a week for 2
1737 consecutive weeks in a newspaper of general circulation in the
1738 county where the property was found if the value of the property
1739 is more than $100. If the value of the property is $100 or less,
1740 notice shall be given by posting a description of the property
1741 at the law enforcement agency where the property was turned in.
1742 The notice must be posted for not less than 2 consecutive weeks
1743 in a public place designated by the law enforcement agency. The
1744 notice must describe the property in a manner reasonably
1745 adequate to permit the rightful owner of the property to claim
1746 it.
1747 2. If the agency elects to sell the property, it must do so
1748 at public sale by competitive bidding. Notice of the time and
1749 place of the sale shall be given by an advertisement of the sale
1750 published once a week for 2 consecutive weeks in a newspaper of
1751 general circulation in the county where the sale is to be held.
1752 The notice shall include a statement that the sale shall be
1753 subject to any and all liens. The sale must be held at the
1754 nearest suitable place to that where the lost or abandoned
1755 property is held or stored. The advertisement must include a
1756 description of the goods and the time and place of the sale. The
1757 sale may take place no earlier than 10 days after the final
1758 publication. If there is no newspaper of general circulation in
1759 the county where the sale is to be held, the advertisement shall
1760 be posted at the door of the courthouse and at three other
1761 public places in the county at least 10 days prior to sale.
1762 Notice of the agency’s intended disposition shall describe the
1763 property in a manner reasonably adequate to permit the rightful
1764 owner of the property to identify it.
1765 Section 27. Subsections (1), (2), and (3) of section
1766 823.11, Florida Statutes, are amended to read:
1767 823.11 Derelict vessels; relocation or removal; penalty.—
1768 (1) As used in this section and s. 376.15, the term:
1769 (a) “Commission” means the Fish and Wildlife Conservation
1770 Commission.
1771 (b) “Derelict vessel” means a vessel, as defined in s.
1772 327.02, that is left, stored, or abandoned:
1773 1. In a wrecked, junked, or substantially dismantled
1774 condition upon any public waters of this state.
1775 a. A vessel is wrecked if it is sunken or sinking; aground
1776 without the ability to extricate itself absent mechanical
1777 assistance; or remaining after a marine casualty, including, but
1778 not limited to, a boating accident, extreme weather, or a fire.
1779 b. A vessel is junked if it has been substantially stripped
1780 of vessel components, if vessel components have substantially
1781 degraded or been destroyed, or if the vessel has been discarded
1782 by the owner or operator. Attaching an outboard motor to a
1783 vessel that is otherwise junked will not cause the vessel to no
1784 longer be junked if such motor is not an effective means of
1785 propulsion as required by s. 327.4107(2)(e) and associated
1786 rules.
1787 c. A vessel is substantially dismantled if at least two of
1788 the three following vessel systems or components are missing,
1789 compromised, incomplete, inoperable, or broken:
1790 (I) The steering system;
1791 (II) The propulsion system; or
1792 (III) The exterior hull integrity.
1793
1794 Attaching an outboard motor to a vessel that is otherwise
1795 substantially dismantled will not cause the vessel to no longer
1796 be substantially dismantled if such motor is not an effective
1797 means of propulsion as required by s. 327.4107(2)(e) and
1798 associated rules.
1799 2. At a port in this state without the consent of the
1800 agency having jurisdiction thereof.
1801 3. Docked, grounded, or beached upon the property of
1802 another without the consent of the owner of the property.
1803 (c) “Gross negligence” means conduct so reckless or wanting
1804 in care that it constitutes a conscious disregard or
1805 indifference to the safety of the property exposed to such
1806 conduct.
1807 (d) “Willful misconduct” means conduct evidencing
1808 carelessness or negligence of such a degree or recurrence as to
1809 manifest culpability, wrongful intent, or evil design or to show
1810 an intentional and substantial disregard of the interests of the
1811 vessel owner.
1812 (2)(a) It is unlawful for A person, firm, or corporation
1813 may not to store, leave, or abandon any derelict vessel upon
1814 waters of in this state. For purposes of this paragraph, the
1815 term “leave” means to allow a vessel to remain occupied or
1816 unoccupied on the waters of this state for more than 24 hours.
1817 (b) Notwithstanding paragraph (a), a person who owns or
1818 operates a vessel that becomes derelict upon the waters of this
1819 state solely as a result of a boating accident that is reported
1820 to law enforcement in accordance with s. 327.301 or otherwise
1821 reported to law enforcement; a hurricane; or another sudden
1822 event outside of his or her control may not be charged with a
1823 violation if:
1824 1. The individual documents for law enforcement the
1825 specific event that led to the vessel being derelict upon the
1826 waters of this state; and
1827 2. The vessel has been removed from the waters of this
1828 state or has been repaired or addressed such that it is no
1829 longer derelict upon the waters of this state:
1830 a. For a vessel that has become derelict as a result of a
1831 boating accident or other sudden event outside of his or her
1832 control, within 7 days after such accident or event; or
1833 b. Within 45 days after the hurricane has passed over the
1834 state.
1835 (c) This subsection does not apply to a vessel that was
1836 derelict upon the waters of this state before the stated
1837 accident or event.
1838 (3) The commission, an officer officers of the commission,
1839 or a and any law enforcement agency or officer specified in s.
1840 327.70 may are authorized and empowered to relocate, remove,
1841 store, destroy, or dispose of or cause to be relocated, or
1842 removed, stored, destroyed, or disposed of a derelict vessel
1843 from public waters of this state as defined in s. 327.02 if the
1844 derelict vessel obstructs or threatens to obstruct navigation or
1845 in any way constitutes a danger to the environment, property, or
1846 persons. The commission, an officer officers of the commission,
1847 or any other law enforcement agency or officer acting pursuant
1848 to under this subsection to relocate, remove, store, destroy,
1849 dispose of or cause to be relocated, or removed, stored,
1850 destroyed, or disposed of a derelict vessel from public waters
1851 of this state shall be held harmless for all damages to the
1852 derelict vessel resulting from such action relocation or removal
1853 unless the damage results from gross negligence or willful
1854 misconduct.
1855 (a) Removal of derelict vessels under this subsection may
1856 be funded by grants provided in ss. 206.606 and 376.15. The
1857 commission shall implement a plan for the procurement of any
1858 available federal disaster funds and use such funds for the
1859 removal of derelict vessels.
1860 (b) All costs, including costs owed to a third party,
1861 incurred by the commission, another or other law enforcement
1862 agency, or a governmental subdivision, when the governmental
1863 subdivision has received authorization from a law enforcement
1864 officer or agency, in the relocation, or removal, storage,
1865 destruction, or disposal of a derelict vessel are recoverable
1866 against the vessel owner or the party determined to be legally
1867 responsible for the vessel being upon the waters of this state
1868 in a derelict condition. The Department of Legal Affairs shall
1869 represent the commission in actions to recover such costs. As
1870 provided in s. 705.103(4), a person who neglects or refuses to
1871 pay such costs may not be issued a certificate of registration
1872 for such vessel or for any other vessel or motor vehicle until
1873 such costs have been paid. A person who has neglected or refused
1874 to pay all costs of removal, storage, destruction, or disposal
1875 of a derelict vessel as provided in this section, after having
1876 been provided written notice via certified mail that such costs
1877 are owed, and who applies for and is issued a registration for a
1878 vessel or motor vehicle before such costs have been paid in full
1879 commits a misdemeanor of the first degree, punishable as
1880 provided in s. 775.082 or s. 775.083.
1881 (c) A contractor performing such relocation or removal
1882 activities at the direction of the commission, an officer
1883 officers of the commission, or a law enforcement agency or
1884 officer, or a governmental subdivision, when the governmental
1885 subdivision has received authorization for the relocation or
1886 removal from a law enforcement officer or agency, pursuant to
1887 this section must be licensed in accordance with applicable
1888 United States Coast Guard regulations where required; obtain and
1889 carry in full force and effect a policy from a licensed
1890 insurance carrier in this state to insure against any accident,
1891 loss, injury, property damage, or other casualty caused by or
1892 resulting from the contractor’s actions; and be properly
1893 equipped to perform the services to be provided.
1894 Section 28. Except as otherwise expressly provided in this
1895 act, this act shall take effect July 1, 2021.