Florida Senate - 2021                        COMMITTEE AMENDMENT
       Bill No. SB 1086
       
       
       
       
       
       
                                Ì878734FÎ878734                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/15/2021           .                                
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       The Committee on Environment and Natural Resources (Hutson)
       recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraphs (a) and (c) of subsection (1) of
    6  section 316.1932, Florida Statutes, are amended to read:
    7         316.1932 Tests for alcohol, chemical substances, or
    8  controlled substances; implied consent; refusal.—
    9         (1)(a)1.a. A Any person who accepts the privilege extended
   10  by the laws of this state of operating a motor vehicle within
   11  this state is, by so operating such vehicle, deemed to have
   12  given his or her consent to submit to an approved chemical test
   13  or physical test including, but not limited to, an infrared
   14  light test of his or her breath for the purpose of determining
   15  the alcoholic content of his or her blood or breath if the
   16  person is lawfully arrested for any offense allegedly committed
   17  while the person was driving or was in actual physical control
   18  of a motor vehicle while under the influence of alcoholic
   19  beverages. The chemical or physical breath test must be
   20  incidental to a lawful arrest and administered at the request of
   21  a law enforcement officer who has reasonable cause to believe
   22  such person was driving or was in actual physical control of the
   23  motor vehicle within this state while under the influence of
   24  alcoholic beverages. The administration of a breath test does
   25  not preclude the administration of another type of test. The
   26  person shall be told that his or her failure to submit to any
   27  lawful test of his or her breath will result in the suspension
   28  of the person’s privilege to operate a motor vehicle for a
   29  period of 1 year for a first refusal, or for a period of 18
   30  months if the driving privilege of such person has been
   31  previously suspended or if he or she has previously been fined
   32  under s. 327.35215 as a result of a refusal to submit to such a
   33  test or tests required under this chapter or chapter 327, and
   34  shall also be told that if he or she refuses to submit to a
   35  lawful test of his or her breath and his or her driving
   36  privilege has been previously suspended or if he or she has
   37  previously been fined under s. 327.35215 for a prior refusal to
   38  submit to a lawful test of his or her breath, urine, or blood as
   39  required under this chapter or chapter 327, he or she commits a
   40  misdemeanor of the first degree, punishable as provided in s.
   41  775.082 or s. 775.083, in addition to any other penalties
   42  provided by law. The refusal to submit to a chemical or physical
   43  breath test upon the request of a law enforcement officer as
   44  provided in this section is admissible into evidence in any
   45  criminal proceeding.
   46         b. A Any person who accepts the privilege extended by the
   47  laws of this state of operating a motor vehicle within this
   48  state is, by so operating such vehicle, deemed to have given his
   49  or her consent to submit to a urine test for the purpose of
   50  detecting the presence of chemical substances as set forth in s.
   51  877.111 or controlled substances if the person is lawfully
   52  arrested for any offense allegedly committed while the person
   53  was driving or was in actual physical control of a motor vehicle
   54  while under the influence of chemical substances or controlled
   55  substances. The urine test must be incidental to a lawful arrest
   56  and administered at a detention facility or any other facility,
   57  mobile or otherwise, which is equipped to administer such tests
   58  at the request of a law enforcement officer who has reasonable
   59  cause to believe such person was driving or was in actual
   60  physical control of a motor vehicle within this state while
   61  under the influence of chemical substances or controlled
   62  substances. The urine test shall be administered at a detention
   63  facility or any other facility, mobile or otherwise, which is
   64  equipped to administer such test in a reasonable manner that
   65  will ensure the accuracy of the specimen and maintain the
   66  privacy of the individual involved. The administration of a
   67  urine test does not preclude the administration of another type
   68  of test. The person shall be told that his or her failure to
   69  submit to any lawful test of his or her urine will result in the
   70  suspension of the person’s privilege to operate a motor vehicle
   71  for a period of 1 year for the first refusal, or for a period of
   72  18 months if the driving privilege of such person has been
   73  previously suspended or if he or she has previously been fined
   74  under s. 327.35215 as a result of a refusal to submit to such a
   75  test or tests required under this chapter or chapter 327, and
   76  shall also be told that if he or she refuses to submit to a
   77  lawful test of his or her urine and his or her driving privilege
   78  has been previously suspended or if he or she has previously
   79  been fined under s. 327.35215 for a prior refusal to submit to a
   80  lawful test of his or her breath, urine, or blood as required
   81  under this chapter or chapter 327, he or she commits a
   82  misdemeanor of the first degree, punishable as provided in s.
   83  775.082 or s. 775.083, in addition to any other penalties
   84  provided by law. The refusal to submit to a urine test upon the
   85  request of a law enforcement officer as provided in this section
   86  is admissible into evidence in any criminal proceeding.
   87         2. The Alcohol Testing Program within the Department of Law
   88  Enforcement is responsible for the regulation of the operation,
   89  inspection, and registration of breath test instruments utilized
   90  under the driving and boating under the influence provisions and
   91  related provisions located in this chapter and chapters 322 and
   92  327. The program is responsible for the regulation of the
   93  individuals who operate, inspect, and instruct on the breath
   94  test instruments utilized in the driving and boating under the
   95  influence provisions and related provisions located in this
   96  chapter and chapters 322 and 327. The program is further
   97  responsible for the regulation of blood analysts who conduct
   98  blood testing to be utilized under the driving and boating under
   99  the influence provisions and related provisions located in this
  100  chapter and chapters 322 and 327. The program shall:
  101         a. Establish uniform criteria for the issuance of permits
  102  to breath test operators, agency inspectors, instructors, blood
  103  analysts, and instruments.
  104         b. Have the authority to permit breath test operators,
  105  agency inspectors, instructors, blood analysts, and instruments.
  106         c. Have the authority to discipline and suspend, revoke, or
  107  renew the permits of breath test operators, agency inspectors,
  108  instructors, blood analysts, and instruments.
  109         d. Establish uniform requirements for instruction and
  110  curricula for the operation and inspection of approved
  111  instruments.
  112         e. Have the authority to specify one approved curriculum
  113  for the operation and inspection of approved instruments.
  114         f. Establish a procedure for the approval of breath test
  115  operator and agency inspector classes.
  116         g. Have the authority to approve or disapprove breath test
  117  instruments and accompanying paraphernalia for use pursuant to
  118  the driving and boating under the influence provisions and
  119  related provisions located in this chapter and chapters 322 and
  120  327.
  121         h. With the approval of the executive director of the
  122  Department of Law Enforcement, make and enter into contracts and
  123  agreements with other agencies, organizations, associations,
  124  corporations, individuals, or federal agencies as are necessary,
  125  expedient, or incidental to the performance of duties.
  126         i. Issue final orders which include findings of fact and
  127  conclusions of law and which constitute final agency action for
  128  the purpose of chapter 120.
  129         j. Enforce compliance with the provisions of this section
  130  through civil or administrative proceedings.
  131         k. Make recommendations concerning any matter within the
  132  purview of this section, this chapter, chapter 322, or chapter
  133  327.
  134         l. Promulgate rules for the administration and
  135  implementation of this section, including definitions of terms.
  136         m. Consult and cooperate with other entities for the
  137  purpose of implementing the mandates of this section.
  138         n. Have the authority to approve the type of blood test
  139  utilized under the driving and boating under the influence
  140  provisions and related provisions located in this chapter and
  141  chapters 322 and 327.
  142         o. Have the authority to specify techniques and methods for
  143  breath alcohol testing and blood testing utilized under the
  144  driving and boating under the influence provisions and related
  145  provisions located in this chapter and chapters 322 and 327.
  146         p. Have the authority to approve repair facilities for the
  147  approved breath test instruments, including the authority to set
  148  criteria for approval.
  149  
  150  Nothing in this section shall be construed to supersede
  151  provisions in this chapter and chapters 322 and 327. The
  152  specifications in this section are derived from the power and
  153  authority previously and currently possessed by the Department
  154  of Law Enforcement and are enumerated to conform with the
  155  mandates of chapter 99-379, Laws of Florida.
  156         (c) A Any person who accepts the privilege extended by the
  157  laws of this state of operating a motor vehicle within this
  158  state is, by operating such vehicle, deemed to have given his or
  159  her consent to submit to an approved blood test for the purpose
  160  of determining the alcoholic content of the blood or a blood
  161  test for the purpose of determining the presence of chemical
  162  substances or controlled substances as provided in this section
  163  if there is reasonable cause to believe the person was driving
  164  or in actual physical control of a motor vehicle while under the
  165  influence of alcoholic beverages or chemical or controlled
  166  substances and the person appears for treatment at a hospital,
  167  clinic, or other medical facility and the administration of a
  168  breath or urine test is impractical or impossible. As used in
  169  this paragraph, the term “other medical facility” includes an
  170  ambulance or other medical emergency vehicle. The blood test
  171  shall be performed in a reasonable manner. A Any person who is
  172  incapable of refusal by reason of unconsciousness or other
  173  mental or physical condition is deemed not to have withdrawn his
  174  or her consent to such test. A blood test may be administered
  175  whether or not the person is told that his or her failure to
  176  submit to such a blood test will result in the suspension of the
  177  person’s privilege to operate a motor vehicle upon the public
  178  highways of this state and that a refusal to submit to a lawful
  179  test of his or her blood, if his or her driving privilege has
  180  been previously suspended for refusal to submit to a lawful test
  181  of his or her breath, urine, or blood, is a misdemeanor. A Any
  182  person who is capable of refusal shall be told that his or her
  183  failure to submit to such a blood test will result in the
  184  suspension of the person’s privilege to operate a motor vehicle
  185  for a period of 1 year for a first refusal, or for a period of
  186  18 months if the driving privilege of the person has been
  187  suspended previously or if he or she has previously been fined
  188  under s. 327.35215 as a result of a refusal to submit to such a
  189  test or tests required under this chapter or chapter 327, and
  190  that a refusal to submit to a lawful test of his or her blood,
  191  if his or her driving privilege has been previously suspended
  192  for a prior refusal to submit to a lawful test of his or her
  193  breath, urine, or blood, is a misdemeanor. The refusal to submit
  194  to a blood test upon the request of a law enforcement officer is
  195  admissible in evidence in any criminal proceeding.
  196         Section 2. Subsection (1) of section 316.1939, Florida
  197  Statutes, is amended to read:
  198         316.1939 Refusal to submit to testing; penalties.—
  199         (1) A Any person who has refused to submit to a chemical or
  200  physical test of his or her breath, blood, or urine, as
  201  described in s. 316.1932, and whose driving privilege was
  202  previously suspended or who was previously fined under s.
  203  327.35215 for a prior refusal to submit to a lawful test of his
  204  or her breath, urine, or blood required under this chapter or
  205  chapter 327, and:
  206         (a) Who the arresting law enforcement officer had probable
  207  cause to believe was driving or in actual physical control of a
  208  motor vehicle in this state while under the influence of
  209  alcoholic beverages, chemical substances, or controlled
  210  substances;
  211         (b) Who was placed under lawful arrest for a violation of
  212  s. 316.193 unless such test was requested pursuant to s.
  213  316.1932(1)(c);
  214         (c) Who was informed that, if he or she refused to submit
  215  to such test, his or her privilege to operate a motor vehicle
  216  would be suspended for a period of 1 year or, in the case of a
  217  second or subsequent refusal, for a period of 18 months;
  218         (d) Who was informed that a refusal to submit to a lawful
  219  test of his or her breath or, urine, or blood, if his or her
  220  driving privilege has been previously suspended or if he or she
  221  has previously been fined under s. 327.35215 for a prior refusal
  222  to submit to a lawful test of his or her breath, urine, or blood
  223  as required under this chapter or chapter 327, is a misdemeanor
  224  of the first degree, punishable as provided in s. 775.082 or s.
  225  775.083, in addition to any other penalties provided by law; and
  226         (e) Who, after having been so informed, refused to submit
  227  to any such test when requested to do so by a law enforcement
  228  officer or correctional officer
  229  
  230  commits a misdemeanor of the first degree and is subject to
  231  punishment as provided in s. 775.082 or s. 775.083.
  232         Section 3. Present subsections (18) through (47) of section
  233  327.02, Florida Statutes, are redesignated as subsections (19)
  234  through (48), respectively, a new subsection (18) is added to
  235  that section, and present subsection (31) of that section is
  236  amended, to read:
  237         327.02 Definitions.—As used in this chapter and in chapter
  238  328, unless the context clearly requires a different meaning,
  239  the term:
  240         (18)“Human-powered vessel” means a vessel powered only by
  241  its occupant or occupants, including, but not limited to, a
  242  vessel powered only by the occupants’ hands or feet, oars, or
  243  paddles.
  244         (32)(31) “Navigation rules” means, for vessels on:
  245         (a) Waters outside established navigational lines of
  246  demarcation as specified in 33 C.F.R. part 80, the International
  247  Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended,
  248  including the appendix and annexes thereto, through December 31,
  249  2020 October 1, 2012.
  250         (b) All waters not outside of such established lines of
  251  demarcation, the Inland Navigational Rules Act of 1980, 33
  252  C.F.R. parts 83-90, as amended, through December 31, 2020
  253  October 1, 2012.
  254         Section 4. Section 327.04, Florida Statutes, is amended to
  255  read:
  256         327.04 Rules.—The commission may has authority to adopt
  257  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  258  provisions of this chapter, the provisions of chapter 705
  259  relating to vessels, and ss. 376.15 and 823.11 conferring powers
  260  or duties upon it.
  261         Section 5. Section 327.462, Florida Statutes, is created to
  262  read:
  263         327.462Temporary protection zones for spaceflight launches
  264  and recovery of spaceflight assets.—
  265         (1)As used in this section, the term:
  266         (a)“Launch services” means the conduct of a launch and
  267  activities involved in the preparation of a launch vehicle,
  268  payload, government astronaut, commercial astronaut, or
  269  spaceflight participant for such launch.
  270         (b)“Reentry services” means the conduct of a reentry and
  271  activities involved in the preparation of a reentry vehicle,
  272  payload, government astronaut, commercial astronaut, or
  273  spaceflight participant for such reentry.
  274         (c)“Spaceflight assets” means any item, or any part of an
  275  item, owned by a spaceflight entity which is used in launch
  276  services or reentry services, including crewed and uncrewed
  277  spacecraft, launch vehicles, parachutes and other landing aids,
  278  and any spacecraft or ancillary equipment that was attached to
  279  the launch vehicle during launch, orbit, or reentry.
  280         (d)“Spaceflight entity” has the same meaning as provided
  281  in s. 331.501.
  282         (2)The head of a law enforcement agency or entity
  283  identified in s. 327.70(1), or his or her designee, may, upon
  284  waters of this state within the law enforcement agency’s or
  285  entity’s jurisdiction, when necessary for preparations in
  286  advance of a launch service or reentry service or for the
  287  recovery of spaceflight assets before or after a launch service
  288  or reentry service, temporarily establish a protection zone
  289  requiring vessels to leave, or prohibiting vessels from
  290  entering, water bodies within:
  291         (a)Five hundred yards of where launch services, reentry
  292  services, or spaceflight asset recovery operations are being
  293  conducted; or
  294         (b)A distance greater than provided in paragraph (a) if
  295  the head of such law enforcement agency or entity, or his or her
  296  designee, determines such greater distance is in the best
  297  interest of public safety.
  298         (3)A protection zone established under subsection (2) may
  299  remain in effect only as long as necessary to ensure security
  300  around the launch and recovery areas and to recover spaceflight
  301  assets and any personnel being transported within a spacecraft
  302  following the launch or reentry activity. Such protection zone
  303  may not be in place more than 72 hours before or 72 hours after
  304  the launch. The head of a law enforcement agency or entity
  305  identified in s. 327.70(1), or his or her designee, may also
  306  restrict vessels from operating within up to 500 yards of any
  307  vessel transporting recovered spaceflight assets following a
  308  spaceflight launch or reentry while such vessel is continuously
  309  underway transporting such assets to a location for removal from
  310  the waters of this state.
  311         (4)The head of a law enforcement agency or entity
  312  establishing a protection zone under this section, or his or her
  313  designee, must report the establishment of such protection zone
  314  via e-mail to the commission’s Division of Law Enforcement,
  315  Boating and Waterways Section, and to the appropriate United
  316  States Coast Guard Sector Command having responsibility over the
  317  water body, at least 72 hours before establishment of the
  318  protection zone. Such report must include the reasons for the
  319  protection zone, the portion of the water body or water bodies
  320  which will be included in the protection zone, and the duration
  321  of the protection zone. No later than 72 hours after the end of
  322  the protection zone period, the head of the law enforcement
  323  agency or entity, or his or her designee, must report via e-mail
  324  to the commission’s Division of Law Enforcement, Boating and
  325  Waterways Section, the details of all citations issued for
  326  violating the protection zone.
  327         (5)This section applies only to launch services, reentry
  328  services, or the recovery of spaceflight assets occurring or
  329  originating within spaceport territory, as defined in s.
  330  331.304, and to federally licensed or federally authorized
  331  launches and reentries occurring or transiting to an end
  332  destination upon waters of this state.
  333         (6)A person who violates this section or any directive
  334  given by a law enforcement officer relating to the establishment
  335  of a protection zone under this section after being advised of
  336  the establishment of the protection zone commits a misdemeanor
  337  of the second degree, punishable as provided in s. 775.082 or s.
  338  775.083.
  339         Section 6. Paragraphs (a) and (c) of subsection (1) of
  340  section 327.352, Florida Statutes, are amended to read:
  341         327.352 Tests for alcohol, chemical substances, or
  342  controlled substances; implied consent; refusal.—
  343         (1)(a)1. The Legislature declares that the operation of a
  344  vessel is a privilege that must be exercised in a reasonable
  345  manner. In order to protect the public health and safety, it is
  346  essential that a lawful and effective means of reducing the
  347  incidence of boating while impaired or intoxicated be
  348  established. Therefore, a any person who accepts the privilege
  349  extended by the laws of this state of operating a vessel within
  350  this state is, by so operating such vessel, deemed to have given
  351  his or her consent to submit to an approved chemical test or
  352  physical test including, but not limited to, an infrared light
  353  test of his or her breath for the purpose of determining the
  354  alcoholic content of his or her blood or breath if the person is
  355  lawfully arrested for any offense allegedly committed while the
  356  person was operating a vessel while under the influence of
  357  alcoholic beverages. The chemical or physical breath test must
  358  be incidental to a lawful arrest and administered at the request
  359  of a law enforcement officer who has reasonable cause to believe
  360  such person was operating the vessel within this state while
  361  under the influence of alcoholic beverages. The administration
  362  of a breath test does not preclude the administration of another
  363  type of test. The person shall be told that his or her failure
  364  to submit to any lawful test of his or her breath under this
  365  chapter will result in a civil penalty of $500, and shall also
  366  be told that if he or she refuses to submit to a lawful test of
  367  his or her breath and he or she has been previously fined under
  368  s. 327.35215 or has previously had his or her driver license
  369  suspended under s. 322.2615 for refusal to submit to any lawful
  370  test of his or her breath, urine, or blood, he or she commits a
  371  misdemeanor of the first degree, punishable as provided in s.
  372  775.082 or s. 775.083, in addition to any other penalties
  373  provided by law. The refusal to submit to a chemical or physical
  374  breath test upon the request of a law enforcement officer as
  375  provided in this section is admissible into evidence in any
  376  criminal proceeding.
  377         2. A Any person who accepts the privilege extended by the
  378  laws of this state of operating a vessel within this state is,
  379  by so operating such vessel, deemed to have given his or her
  380  consent to submit to a urine test for the purpose of detecting
  381  the presence of chemical substances as set forth in s. 877.111
  382  or controlled substances if the person is lawfully arrested for
  383  any offense allegedly committed while the person was operating a
  384  vessel while under the influence of chemical substances or
  385  controlled substances. The urine test must be incidental to a
  386  lawful arrest and administered at a detention facility or any
  387  other facility, mobile or otherwise, which is equipped to
  388  administer such tests at the request of a law enforcement
  389  officer who has reasonable cause to believe such person was
  390  operating a vessel within this state while under the influence
  391  of chemical substances or controlled substances. The urine test
  392  shall be administered at a detention facility or any other
  393  facility, mobile or otherwise, which is equipped to administer
  394  such test in a reasonable manner that will ensure the accuracy
  395  of the specimen and maintain the privacy of the individual
  396  involved. The administration of a urine test does not preclude
  397  the administration of another type of test. The person shall be
  398  told that his or her failure to submit to any lawful test of his
  399  or her urine under this chapter will result in a civil penalty
  400  of $500, and shall also be told that if he or she refuses to
  401  submit to a lawful test of his or her urine and he or she has
  402  been previously fined under s. 327.35215 or has previously had
  403  his or her driver license suspended under s. 322.2615 for
  404  refusal to submit to any lawful test of his or her breath,
  405  urine, or blood, he or she commits a misdemeanor of the first
  406  degree, punishable as provided in s. 775.082 or s. 775.083, in
  407  addition to any other penalties provided by law. The refusal to
  408  submit to a urine test upon the request of a law enforcement
  409  officer as provided in this section is admissible into evidence
  410  in any criminal proceeding.
  411         (c) A Any person who accepts the privilege extended by the
  412  laws of this state of operating a vessel within this state is,
  413  by operating such vessel, deemed to have given his or her
  414  consent to submit to an approved blood test for the purpose of
  415  determining the alcoholic content of the blood or a blood test
  416  for the purpose of determining the presence of chemical
  417  substances or controlled substances as provided in this section
  418  if there is reasonable cause to believe the person was operating
  419  a vessel while under the influence of alcoholic beverages or
  420  chemical or controlled substances and the person appears for
  421  treatment at a hospital, clinic, or other medical facility and
  422  the administration of a breath or urine test is impractical or
  423  impossible. As used in this paragraph, the term “other medical
  424  facility” includes an ambulance or other medical emergency
  425  vehicle. The blood test shall be performed in a reasonable
  426  manner. A Any person who is incapable of refusal by reason of
  427  unconsciousness or other mental or physical condition is deemed
  428  not to have withdrawn his or her consent to such test. A Any
  429  person who is capable of refusal shall be told that his or her
  430  failure to submit to such a blood test will result in a civil
  431  penalty of $500 and that a refusal to submit to a lawful test of
  432  his or her blood, if he or she has previously been fined for
  433  refusal to submit to any lawful test of his or her breath,
  434  urine, or blood, is a misdemeanor. The refusal to submit to a
  435  blood test upon the request of a law enforcement officer shall
  436  be admissible in evidence in any criminal proceeding.
  437         Section 7. Section 327.359, Florida Statutes, is amended to
  438  read:
  439         327.359 Refusal to submit to testing; penalties.—A Any
  440  person who has refused to submit to a chemical or physical test
  441  of his or her breath, blood, or urine, as described in s.
  442  327.352, and who has been previously fined under s. 327.35215 or
  443  has previously had his or her driver license suspended under s.
  444  322.2615 for refusal to submit to a lawful test of his or her
  445  breath, urine, or blood, and:
  446         (1) Who the arresting law enforcement officer had probable
  447  cause to believe was operating or in actual physical control of
  448  a vessel in this state while under the influence of alcoholic
  449  beverages, chemical substances, or controlled substances;
  450         (2) Who was placed under lawful arrest for a violation of
  451  s. 327.35 unless such test was requested pursuant to s.
  452  327.352(1)(c);
  453         (3) Who was informed that if he or she refused to submit to
  454  such test, he or she is subject to a fine of $500;
  455         (4) Who was informed that a refusal to submit to a lawful
  456  test of his or her breath or, urine, or blood, if he or she has
  457  been previously fined under s. 327.35215 or has previously had
  458  his or her driver license suspended under s. 322.2615 for
  459  refusal to submit to a lawful test of his or her breath, urine,
  460  or blood, is a misdemeanor of the first degree, punishable as
  461  provided in s. 775.082 or s. 775.083; and
  462         (5) Who, after having been so informed, refused to submit
  463  to any such test when requested to do so by a law enforcement
  464  officer or correctional officer
  465  
  466  commits a misdemeanor of the first degree, punishable and is
  467  subject to punishment as provided in s. 775.082 or s. 775.083.
  468         Section 8. Section 327.371, Florida Statutes, is created to
  469  read:
  470         327.371Human-powered vessels regulated.—
  471         (1)A person may operate a human-powered vessel within the
  472  boundaries of the marked channel of the Florida Intracoastal
  473  Waterway as defined in s. 327.02:
  474         (a)When the marked channel is the only navigable portion
  475  of the waterway available due to vessel congestion or
  476  obstructions on the water. The operator of the human-powered
  477  vessel shall proceed with diligence to a location where he or
  478  she may safely operate the vessel outside the marked channel of
  479  the Florida Intracoastal Waterway.
  480         (b)When crossing the marked channel, provided that the
  481  crossing is done in the most direct, continuous, and expeditious
  482  manner possible and does not interfere with other vessel traffic
  483  in the channel.
  484         (c)During an emergency endangering life or limb.
  485         (2)A person may not operate a human-powered vessel in the
  486  marked channel of the Florida Intracoastal Waterway except as
  487  provided in subsection (1).
  488         (3)A person who violates this section commits a
  489  noncriminal infraction, punishable as provided in s. 327.73.
  490         Section 9. Subsection (1) and paragraphs (a) and (b) of
  491  subsection (5) of section 327.391, Florida Statutes, are amended
  492  to read:
  493         327.391 Airboats regulated.—
  494         (1) The exhaust of every internal combustion engine used on
  495  any airboat operated on the waters of this state shall be
  496  provided with an automotive-style factory muffler, underwater
  497  exhaust, or other manufactured device capable of adequately
  498  muffling the sound of the exhaust of the engine as described in
  499  s. 327.02(31) s. 327.02(30). The use of cutouts or flex pipe as
  500  the sole source of muffling is prohibited, except as provided in
  501  subsection (4). A Any person who violates this subsection
  502  commits a noncriminal infraction, punishable as provided in s.
  503  327.73(1).
  504         (5)(a) Beginning July 1, 2019, A person may not operate an
  505  airboat to carry one or more passengers for hire on waters of
  506  this the state unless he or she has all of the following onboard
  507  the airboat:
  508         1. A photographic identification card.
  509         2. Proof of completion of a boater education course that
  510  complies with s. 327.395(2)(a) s. 327.395(1)(a). Except as
  511  provided in paragraph (b), no operator is exempt from this
  512  requirement, regardless of age or the exemptions provided under
  513  s. 327.395.
  514         3. Proof of successful completion of a commission-approved
  515  airboat operator course that meets the minimum standards
  516  established by commission rule.
  517         4. Proof of successful course completion in cardiopulmonary
  518  resuscitation and first aid.
  519         (b) A person issued a captain’s license by the United
  520  States Coast Guard is not required to complete a boating safety
  521  education course that complies with s. 327.395(2)(a) s.
  522  327.395(1)(a). Proof of the captain’s license must be onboard
  523  the airboat when carrying one or more passengers for hire on
  524  waters of this the state.
  525         Section 10. Section 327.395, Florida Statutes, is amended
  526  to read:
  527         327.395 Boating safety education.—
  528         (1) A person born on or after January 1, 1988, may not
  529  operate a vessel powered by a motor of 10 horsepower or greater
  530  unless such person has in his or her possession aboard the
  531  vessel the documents required by subsection (2).
  532         (2)While operating a vessel, a person identified under
  533  subsection (1) must have in his or her possession aboard the
  534  vessel photographic identification and a boating safety
  535  identification card issued by the commission, a state-issued
  536  identification card or driver license indicating possession of
  537  the boating safety identification card, or photographic
  538  identification and a temporary certificate issued or approved by
  539  the commission, which shows that he or she has:
  540         (a) Completed a commission-approved boating safety
  541  education course that meets the minimum requirements established
  542  by the National Association of State Boating Law Administrators;
  543  or
  544         (b) Passed a temporary certificate examination developed or
  545  approved by the commission.
  546         (3)(a)(2)(a) A person may obtain a boating safety
  547  identification card by successfully completing a boating safety
  548  education course that meets the requirements of this section and
  549  rules adopted by the commission pursuant to this section.
  550         (b) A person may obtain a temporary certificate by passing
  551  a temporary certificate examination that meets the requirements
  552  of this section and rules adopted by the commission pursuant to
  553  this section.
  554         (4)(3)A Any commission-approved boating safety education
  555  course or temporary certificate examination developed or
  556  approved by the commission must include a component regarding
  557  diving vessels, awareness of divers in the water, divers-down
  558  warning devices, and the requirements of s. 327.331.
  559         (4)The commission may appoint liveries, marinas, or other
  560  persons as its agents to administer the course or temporary
  561  certificate examination and issue identification cards or
  562  temporary certificates in digital, electronic, or paper format
  563  under guidelines established by the commission. An agent must
  564  charge the $2 examination fee, which must be forwarded to the
  565  commission with proof of passage of the examination and may
  566  charge and keep a $1 service fee.
  567         (5) A boating safety identification card issued to a person
  568  who has completed a boating safety education course is valid for
  569  life. A temporary certificate issued to a person who has passed
  570  a temporary certification examination is valid for 90 days after
  571  the date of issuance. The commission may issue either the
  572  boating safety identification card or the temporary certificate
  573  in a digital, electronic, or paper format.
  574         (6) A person is exempt from subsection (1) if he or she:
  575         (a)1. Is licensed by the United States Coast Guard to serve
  576  as master of a vessel;
  577         2.Has been previously licensed by the United States Coast
  578  Guard to serve as master of a vessel, provides proof of such
  579  licensure to the commission, and requests that a boating safety
  580  identification card be issued in his or her name; or
  581         3.Possesses an International Certificate of Competence in
  582  sailing.
  583         (b) Operates a vessel only on a private lake or pond.
  584         (c) Is accompanied in the vessel by a person who is exempt
  585  from this section or who holds a boating safety identification
  586  card in compliance with this section, who is 18 years of age or
  587  older, and who is attendant to the operation of the vessel and
  588  responsible for the safe operation of the vessel and for any
  589  violation that occurs during the operation of the vessel.
  590         (d) Is a nonresident who has in his or her possession
  591  photographic identification and proof that he or she has
  592  completed a boating safety education course or equivalency
  593  examination in another state or a United States territory which
  594  meets or exceeds the minimum requirements established by the
  595  National Association of State Boating Law Administrators.
  596         (e) Is operating a vessel within 90 days after the purchase
  597  of that vessel and has available for inspection aboard that
  598  vessel a bill of sale meeting the requirements of s. 328.46(1).
  599         (f) Is operating a vessel within 90 days after completing a
  600  boating safety education course in accordance with paragraph
  601  (2)(a) the requirements of paragraph (1)(a) and has a
  602  photographic identification card and a boating safety education
  603  certificate available for inspection as proof of having
  604  completed a boating safety education course. The boating safety
  605  education certificate must provide, at a minimum, the student’s
  606  first and last name, the student’s date of birth, and the date
  607  that he or she passed the course examination.
  608         (g) Is exempted by rule of the commission.
  609         (7) A person who operates a vessel in violation of this
  610  section subsection (1) commits a noncriminal infraction,
  611  punishable as provided in s. 327.73.
  612         (8) The commission shall institute and coordinate a
  613  statewide program of boating safety instruction and
  614  certification to ensure that boating safety courses and
  615  examinations are available in each county of this the state. The
  616  commission may appoint agents to administer the boating safety
  617  education course or temporary certificate examination and may
  618  authorize the agents to issue temporary certificates in digital,
  619  electronic, or paper format. An agent The agents shall charge
  620  and collect the $2 fee required in subsection (9) for each
  621  temporary certificate requested of the commission by that agent,
  622  which must be forwarded to the commission. The agent may charge
  623  and keep a $1 service fee.
  624         (9) The commission may is authorized to establish and to
  625  collect a $2 fee for each card and temporary certificate issued
  626  pursuant to this section.
  627         (10) The commission shall design forms and adopt rules
  628  pursuant to chapter 120 to implement the provisions of this
  629  section.
  630         (11) This section may be cited as the “Osmany ‘Ozzie’
  631  Castellanos Boating Safety Education Act.”
  632         Section 11. Present subsection (5) of section 327.4107,
  633  Florida Statutes, is redesignated as subsection (6), a new
  634  subsection (5) and subsection (7) are added to that section, and
  635  paragraphs (d) and (e) of subsection (2) of that section are
  636  amended, to read:
  637         327.4107 Vessels at risk of becoming derelict on waters of
  638  this state.—
  639         (2) An officer of the commission or of a law enforcement
  640  agency specified in s. 327.70 may determine that a vessel is at
  641  risk of becoming derelict if any of the following conditions
  642  exist:
  643         (d) The vessel is left or stored aground unattended in such
  644  a state that would prevent the vessel from getting underway, is
  645  listing due to water intrusion, or is sunk or partially sunk.
  646         (e) The vessel does not have an effective means of
  647  propulsion for safe navigation within 72 hours after the vessel
  648  owner or operator receives telephonic notice, in-person notice
  649  recorded on an agency-approved body camera, or written notice,
  650  which may be provided by facsimile, electronic mail, or other
  651  electronic means, stating such from an officer, and the vessel
  652  owner or operator is unable to provide a receipt, proof of
  653  purchase, or other documentation of having ordered necessary
  654  parts for vessel repair. The commission may adopt rules to
  655  implement this paragraph.
  656         (5)The commission, an officer of the commission, or a law
  657  enforcement agency or officer specified in s. 327.70 may
  658  relocate or cause to be relocated an at-risk vessel found to be
  659  in violation of this section to a distance greater than 20 feet
  660  from a mangrove or upland vegetation. The commission, an officer
  661  of the commission, or a law enforcement agency or officer acting
  662  pursuant to this subsection upon waters of this state shall be
  663  held harmless for all damages to the at-risk vessel resulting
  664  from such relocation unless the damage results from gross
  665  negligence or willful misconduct as these terms are defined in
  666  s. 823.11.
  667         (7)The commission may establish a derelict vessel
  668  prevention program to address vessels at risk of becoming
  669  derelict. Such program may, but is not required to, include:
  670         (a)Removal, relocation, and destruction of vessels
  671  declared a public nuisance, derelict or at risk of becoming
  672  derelict, or lost or abandoned in accordance with s. 327.53(7),
  673  s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
  674         (b)Creation of a vessel turn-in program allowing the owner
  675  of a vessel determined by law enforcement to be at risk of
  676  becoming derelict in accordance with this section to turn his or
  677  her vessel and vessel title over to the commission to be
  678  destroyed without penalty.
  679         (c)Providing for removal and destruction of an abandoned
  680  vessel for which an owner cannot be identified or the owner of
  681  which is deceased and no heir is interested in acquiring the
  682  vessel.
  683         (d)Purchase of anchor line, anchors, and other equipment
  684  necessary for securing vessels at risk of becoming derelict.
  685         (e)Creating or acquiring moorings designated for securing
  686  vessels at risk of becoming derelict.
  687  
  688  The commission may adopt rules to implement this subsection.
  689  Implementation of the derelict vessel prevention program shall
  690  be subject to appropriation by the Legislature and shall be
  691  funded by the Marine Resources Conservation Trust Fund or the
  692  Florida Coastal Protection Trust Fund.
  693         Section 12. Section 327.4108, Florida Statutes, is amended
  694  to read:
  695         327.4108 Anchoring of vessels in anchoring limitation
  696  areas.—
  697         (1) The following densely populated urban areas, which have
  698  narrow state waterways, residential docking facilities, and
  699  significant recreational boating traffic, are designated as
  700  anchoring limitation areas, within which a person may not anchor
  701  a vessel at any time during the period between one-half hour
  702  after sunset and one-half hour before sunrise, except as
  703  provided in subsections (3) and (4):
  704         (a) The section of Middle River lying between Northeast
  705  21st Court and the Intracoastal Waterway in Broward County.
  706         (b) Sunset Lake in Miami-Dade County.
  707         (c) The sections of Biscayne Bay in Miami-Dade County lying
  708  between:
  709         1. Rivo Alto Island and Di Lido Island.
  710         2. San Marino Island and San Marco Island.
  711         3. San Marco Island and Biscayne Island.
  712         (2)(a)Monroe County is designated as an anchoring
  713  limitation area within which a vessel may only be anchored in
  714  the same location for a maximum of 90 days. The commission shall
  715  adopt rules to implement this subsection.
  716         (b)This subsection does not apply to an approved and
  717  permitted mooring field.
  718         (2)To promote the public’s use and enjoyment of the
  719  designated waterway, except as provided in subsections (3) and
  720  (4), a person may not anchor a vessel at any time during the
  721  period between one-half hour after sunset and one-half hour
  722  before sunrise in an anchoring limitation area.
  723         (3) Notwithstanding subsections (1) and subsection (2), a
  724  person may anchor a vessel in an anchoring limitation area
  725  during a time that would otherwise be unlawful:
  726         (a) If the vessel suffers a mechanical failure that poses
  727  an unreasonable risk of harm to the vessel or the persons
  728  onboard unless the vessel anchors. The vessel may anchor for 3
  729  business days or until the vessel is repaired, whichever occurs
  730  first.
  731         (b) If imminent or existing weather conditions in the
  732  vicinity of the vessel pose an unreasonable risk of harm to the
  733  vessel or the persons onboard unless the vessel anchors. The
  734  vessel may anchor until weather conditions no longer pose such
  735  risk. During a hurricane or tropical storm, weather conditions
  736  are deemed to no longer pose an unreasonable risk of harm when
  737  the hurricane or tropical storm warning affecting the area has
  738  expired.
  739         (c) During events described in s. 327.48 or other special
  740  events, including, but not limited to, public music
  741  performances, local government waterfront activities, or
  742  fireworks displays. A vessel may anchor for the lesser of the
  743  duration of the special event or 3 days.
  744         (4) This section does not apply to:
  745         (a) Vessels owned or operated by a governmental entity for
  746  law enforcement, firefighting, military, or rescue purposes.
  747         (b) Construction or dredging vessels on an active job site.
  748         (c) Vessels actively engaged in commercial fishing.
  749         (d) Vessels engaged in recreational fishing if the persons
  750  onboard are actively tending hook and line fishing gear or nets.
  751         (5)(a) As used in this subsection, the term “law
  752  enforcement officer or agency” means an officer or agency
  753  authorized to enforce this section pursuant to s. 327.70.
  754         (b) A law enforcement officer or agency may remove a vessel
  755  from an anchoring limitation area and impound the vessel for up
  756  to 48 hours, or cause such removal and impoundment, if the
  757  vessel operator, after being issued a citation for a violation
  758  of this section:
  759         1. Anchors the vessel in violation of this section within
  760  12 hours after being issued the citation; or
  761         2. Refuses to leave the anchoring limitation area after
  762  being directed to do so by a law enforcement officer or agency.
  763         (c) A law enforcement officer or agency acting under this
  764  subsection to remove or impound a vessel, or to cause such
  765  removal or impoundment, shall be held harmless for any damage to
  766  the vessel resulting from such removal or impoundment unless the
  767  damage results from gross negligence or willful misconduct.
  768         (d) A contractor performing removal or impoundment services
  769  at the direction of a law enforcement officer or agency pursuant
  770  to this subsection must:
  771         1. Be licensed in accordance with United States Coast Guard
  772  regulations, as applicable.
  773         2. Obtain and carry a current policy issued by a licensed
  774  insurance carrier in this state to insure against any accident,
  775  loss, injury, property damage, or other casualty caused by or
  776  resulting from the contractor’s actions.
  777         3. Be properly equipped to perform such services.
  778         (e) In addition to the civil penalty imposed under s.
  779  327.73(1)(z), the operator of a vessel that is removed and
  780  impounded pursuant to paragraph (b) must pay all removal and
  781  storage fees before the vessel is released. A vessel removed
  782  pursuant to paragraph (b) may not be impounded for longer than
  783  48 hours.
  784         (6) A violation of this section is punishable as provided
  785  in s. 327.73(1)(z).
  786         (7) This section shall remain in effect notwithstanding the
  787  Legislature’s adoption of the commission’s recommendations for
  788  the regulation of mooring vessels outside of public mooring
  789  fields pursuant to s. 327.4105.
  790         Section 13. Paragraph (a) of subsection (1) and subsection
  791  (2) of section 327.4109, Florida Statutes, are amended to read:
  792         327.4109 Anchoring or mooring prohibited; exceptions;
  793  penalties.—
  794         (1)(a) The owner or operator of a vessel or floating
  795  structure may not anchor or moor such that the nearest approach
  796  of the anchored or moored vessel or floating structure is:
  797         1. Within 150 feet of any public or private marina, boat
  798  ramp, boatyard, or other public vessel launching or loading
  799  facility;
  800         2. Within 300 feet of a superyacht repair facility. For
  801  purposes of this subparagraph, the term “superyacht repair
  802  facility” means a facility that services or repairs a yacht with
  803  a water line of 120 feet or more in length; or
  804         3. Within 100 feet outward from the marked boundary of a
  805  public mooring field or a lesser distance if approved by the
  806  commission upon request of a local government within which the
  807  mooring field is located. The commission may adopt rules to
  808  implement this subparagraph.
  809         (2) Notwithstanding subsection (1), an owner or operator of
  810  a vessel may anchor or moor within 150 feet of any public or
  811  private marina, boat ramp, boatyard, or other public vessel
  812  launching or loading facility; within 300 feet of a superyacht
  813  repair facility; or within 100 feet outward from the marked
  814  boundary of a public mooring field if:
  815         (a) The vessel suffers a mechanical failure that poses an
  816  unreasonable risk of harm to the vessel or the persons onboard
  817  such vessel. The owner or operator of the vessel may anchor or
  818  moor for 5 business days or until the vessel is repaired,
  819  whichever occurs first.
  820         (b) Imminent or existing weather conditions in the vicinity
  821  of the vessel pose an unreasonable risk of harm to the vessel or
  822  the persons onboard such vessel. The owner or operator of the
  823  vessel may anchor or moor until weather conditions no longer
  824  pose such risk. During a hurricane or tropical storm, weather
  825  conditions are deemed to no longer pose an unreasonable risk of
  826  harm when the hurricane or tropical storm warning affecting the
  827  area has expired.
  828         Section 14. Subsection (2) of section 327.45, Florida
  829  Statutes, is amended to read:
  830         327.45 Protection zones for springs.—
  831         (2) The commission may establish by rule protection zones
  832  that restrict the speed and operation of vessels, or which
  833  prohibit the anchoring, mooring, beaching, or grounding of
  834  vessels, to protect and prevent harm to first, second, and third
  835  magnitude springs and springs groups, including their associated
  836  spring runs, as determined by the commission using the most
  837  recent Florida Geological Survey springs bulletin. This harm
  838  includes negative impacts to water quality, water quantity,
  839  hydrology, wetlands, and aquatic and wetland-dependent species.
  840         Section 15. Paragraph (b) of subsection (1) of section
  841  327.46, Florida Statutes, is amended to read:
  842         327.46 Boating-restricted areas.—
  843         (1) Boating-restricted areas, including, but not limited
  844  to, restrictions of vessel speeds and vessel traffic, may be
  845  established on the waters of this state for any purpose
  846  necessary to protect the safety of the public if such
  847  restrictions are necessary based on boating accidents,
  848  visibility, hazardous currents or water levels, vessel traffic
  849  congestion, or other navigational hazards or to protect
  850  seagrasses on privately owned submerged lands.
  851         (b) Municipalities and counties may have the authority to
  852  establish the following boating-restricted areas by ordinance:
  853         1. An ordinance establishing an idle speed, no wake
  854  boating-restricted area, if the area is:
  855         a. Within 500 feet of any boat ramp, hoist, marine railway,
  856  or other launching or landing facility available for use by the
  857  general boating public on waterways more than 300 feet in width
  858  or within 300 feet of any boat ramp, hoist, marine railway, or
  859  other launching or landing facility available for use by the
  860  general boating public on waterways not exceeding 300 feet in
  861  width.
  862         b. Within 500 feet of fuel pumps or dispensers at any
  863  marine fueling facility that sells motor fuel to the general
  864  boating public on waterways more than 300 feet in width or
  865  within 300 feet of the fuel pumps or dispensers at any licensed
  866  terminal facility that sells motor fuel to the general boating
  867  public on waterways not exceeding 300 feet in width.
  868         c. Inside or within 300 feet of any lock structure.
  869         2. An ordinance establishing a slow speed, minimum wake
  870  boating-restricted area if the area is:
  871         a. Within 300 feet of any bridge fender system.
  872         b. Within 300 feet of any bridge span presenting a vertical
  873  clearance of less than 25 feet or a horizontal clearance of less
  874  than 100 feet.
  875         c. On a creek, stream, canal, or similar linear waterway if
  876  the waterway is less than 75 feet in width from shoreline to
  877  shoreline.
  878         d. On a lake or pond of less than 10 acres in total surface
  879  area.
  880         e.Within the boundaries of a permitted public mooring
  881  field and a buffer around the mooring field of up to 100 feet.
  882         3. An ordinance establishing a vessel-exclusion zone if the
  883  area is:
  884         a. Designated as a public bathing beach or swim area.
  885         b. Within 300 feet of a dam, spillway, or flood control
  886  structure.
  887         4.Notwithstanding the prohibition in s. 327.60(2)(c),
  888  within the portion of the Florida Intracoastal Waterway within
  889  their jurisdiction, except that the municipality or county may
  890  not establish a vessel-exclusion zone for public bathing beaches
  891  or swim areas within the waterway.
  892         Section 16. Section 327.463, Florida Statutes, is created
  893  to read:
  894         327.463Special hazards.—
  895         (1)For purposes of this section, a vessel:
  896         (a)Is operating at slow speed, minimum wake only if it is:
  897         1.Fully off plane and completely settled into the water;
  898  and
  899         2.Proceeding without wake or with minimum wake.
  900  
  901  A vessel that is required to operate at slow speed, minimum wake
  902  may not proceed at a speed greater than a speed that is
  903  reasonable and prudent to avoid the creation of an excessive
  904  wake or other hazardous condition under the existing
  905  circumstances.
  906         (b)Is not proceeding at slow speed, minimum wake if it is:
  907         1.Operating on plane;
  908         2.In the process of coming off plane and settling into the
  909  water or getting on plane; or
  910         3.Operating at a speed that creates a wake that
  911  unreasonably or unnecessarily endangers other vessels.
  912         (2)A person may not operate a vessel faster than slow
  913  speed, minimum wake within 300 feet of any emergency vessel,
  914  including, but not limited to, a law enforcement vessel, United
  915  States Coast Guard vessel, or firefighting vessel, when such
  916  emergency vessel’s emergency lights are activated.
  917         (3)(a)A person may not operate a vessel faster than slow
  918  speed, minimum wake within 300 feet of any construction vessel
  919  or barge when the vessel or barge is displaying an orange flag
  920  from a pole extending:
  921         1.At least 10 feet above the tallest portion of the vessel
  922  or barge, indicating that the vessel or barge is actively
  923  engaged in construction operations; or
  924         2.At least 5 feet above any superstructure permanently
  925  installed upon the vessel or barge, indicating that the vessel
  926  or barge is actively engaged in construction operations.
  927         (b)A flag displayed on a construction vessel or barge
  928  pursuant to this subsection must:
  929         1.Be at least 2 feet by 3 feet in size.
  930         2.Have a wire or other stiffener or be otherwise
  931  constructed to ensure that the flag remains fully unfurled and
  932  extended in the absence of a wind or breeze.
  933         3.Be displayed so that the visibility of the flag is not
  934  obscured in any direction.
  935         (c)In periods of low visibility, including any time
  936  between 30 minutes after sunset and 30 minutes before sunrise, a
  937  person may not be cited for a violation of this subsection
  938  unless the orange flag is illuminated and visible from a
  939  distance of at least 2 nautical miles. Such illumination does
  940  not relieve the construction vessel or barge from complying with
  941  all navigation rules.
  942         (4)(a)A person operating a vessel in violation of this
  943  section commits a noncriminal infraction, punishable as provided
  944  in s. 327.73.
  945         (b)The owner of, or party who is responsible for, a
  946  construction vessel or barge who displays an orange flag on the
  947  vessel or barge when it is not actively engaged in construction
  948  operations commits a noncriminal infraction, punishable as
  949  provided in s. 327.73.
  950         (5)The speed and penalty provisions of this section do not
  951  apply to a law enforcement, firefighting, or rescue vessel that
  952  is owned or operated by a governmental entity.
  953         Section 17. Paragraph (a) of subsection (1) of section
  954  327.50, Florida Statutes, is amended to read:
  955         327.50 Vessel safety regulations; equipment and lighting
  956  requirements.—
  957         (1)(a) The owner and operator of every vessel on the waters
  958  of this state shall carry, store, maintain, and use safety
  959  equipment in accordance with current United States Coast Guard
  960  safety equipment requirements as specified in the Code of
  961  Federal Regulations, unless expressly exempted by the commission
  962  department.
  963         Section 18. Paragraph (a) of subsection (6) and subsection
  964  (7) of section 327.53, Florida Statutes, are amended, and
  965  subsection (8) is added to that section, to read:
  966         327.53 Marine sanitation.—
  967         (6)(a) A violation of this section is a noncriminal
  968  infraction, punishable as provided in s. 327.73. Each violation
  969  shall be a separate offense. The owner and operator of any
  970  vessel shall be jointly and severally liable for the civil
  971  penalty imposed pursuant to this section.
  972         (7) A Any vessel or floating structure operated or occupied
  973  on the waters of this the state in violation of this section is
  974  declared a nuisance and a hazard to public safety and health.
  975  The owner or operator of a any vessel or floating structure
  976  cited for violating this section shall, within 30 days following
  977  the issuance of the citation, correct the violation for which
  978  the citation was issued or remove the vessel or floating
  979  structure from the waters of this the state. If the violation is
  980  not corrected within the 30 days and the vessel or floating
  981  structure remains on the waters of this the state in violation
  982  of this section, law enforcement officers charged with the
  983  enforcement of this chapter under s. 327.70 shall apply to the
  984  appropriate court in the county in which the vessel or floating
  985  structure is located, to order or otherwise cause the removal of
  986  such vessel or floating structure from the waters of this the
  987  state at the owner’s expense. If the owner cannot be found or
  988  otherwise fails to pay the removal costs, the provisions of s.
  989  328.17 shall apply. If the proceeds under s. 328.17 are not
  990  sufficient to pay all removal costs, funds appropriated from the
  991  Marine Resources Conservation Trust Fund pursuant to paragraph
  992  (6)(b) or s. 328.72(15)(c) s. 328.72(16) may be used.
  993         (8)The owner or operator of a live-aboard vessel as
  994  defined in s. 327.02(23)(a) or (c), or a houseboat as defined in
  995  s. 327.02(17), that is equipped with a marine sanitation device
  996  must maintain a record of the date of each pumpout of the marine
  997  sanitation device and the location of the pumpout station or
  998  waste reception facility. Each record must be maintained for 1
  999  year after the date of the pumpout.
 1000         Section 19. Subsection (2) of section 327.54, Florida
 1001  Statutes, is amended to read:
 1002         327.54 Liveries; safety regulations; penalty.—
 1003         (2) A livery may not knowingly lease, hire, or rent a any
 1004  vessel powered by a motor of 10 horsepower or greater to a any
 1005  person who is required to comply with s. 327.395, unless such
 1006  person presents to the livery photographic identification and a
 1007  valid boater safety identification card issued by the
 1008  commission, a state-issued identification card or driver license
 1009  indicating possession of the boating safety identification card,
 1010  or photographic identification and a valid temporary certificate
 1011  issued or approved by the commission as required under s.
 1012  327.395(2) s. 327.395(1), or meets the exemption provided under
 1013  s. 327.395(6)(f).
 1014         Section 20. Subsection (5) of section 327.60, Florida
 1015  Statutes, is amended to read:
 1016         327.60 Local regulations; limitations.—
 1017         (5) A local government may enact and enforce regulations to
 1018  implement the procedures for abandoned or lost property that
 1019  allow the local law enforcement agency to remove a vessel
 1020  affixed to a public dock or mooring within its jurisdiction that
 1021  is abandoned or lost property pursuant to s. 705.103(1). Such
 1022  regulation must require the local law enforcement agency to post
 1023  a written notice at least 24 hours before removing the vessel.
 1024         Section 21. Paragraphs (q), (s), and (aa) of subsection (1)
 1025  of section 327.73, Florida Statutes, are amended, and paragraphs
 1026  (cc) and (dd) are added to that subsection, to read:
 1027         327.73 Noncriminal infractions.—
 1028         (1) Violations of the following provisions of the vessel
 1029  laws of this state are noncriminal infractions:
 1030         (q) Section 327.53(1), (2), and (3), and (8), relating to
 1031  marine sanitation.
 1032         (s) Section 327.395, relating to boater safety education.
 1033  However, a person cited for violating the requirements of s.
 1034  327.395 relating to failure to have required proof of boating
 1035  safety education in his or her possession may not be convicted
 1036  if, before or at the time of a county court hearing, the person
 1037  produces proof of the boating safety education identification
 1038  card or temporary certificate for verification by the hearing
 1039  officer or the court clerk and the identification card or
 1040  temporary certificate was valid at the time the person was
 1041  cited.
 1042         (aa) Section 327.4107, relating to vessels at risk of
 1043  becoming derelict on waters of this state, for which the civil
 1044  penalty is:
 1045         1. For a first offense, $100 $50.
 1046         2. For a second offense occurring 30 days or more after a
 1047  first offense, $250 $100.
 1048         3. For a third or subsequent offense occurring 30 days or
 1049  more after a previous offense, $500 $250.
 1050  
 1051  A vessel that is the subject of three or more violations issued
 1052  pursuant to the same paragraph of s. 327.4107(2) within an 18
 1053  month period which result in dispositions other than acquittal
 1054  or dismissal shall be declared to be a public nuisance and
 1055  subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
 1056  an officer of the commission, or a law enforcement agency or
 1057  officer specified in s. 327.70 may relocate, remove, or cause to
 1058  be relocated or removed such public nuisance vessels from waters
 1059  of this state. The commission, an officer of the commission, or
 1060  a law enforcement agency or officer acting pursuant to this
 1061  paragraph upon waters of this state shall be held harmless for
 1062  all damages to the vessel resulting from such relocation or
 1063  removal unless the damage results from gross negligence or
 1064  willful misconduct as these terms are defined in s. 823.11.
 1065         (cc)Section 327.463(4)(a) and (b), relating to vessels
 1066  creating special hazards, for which the penalty is:
 1067         1.For a first offense, $50.
 1068         2.For a second offense occurring within 12 months after a
 1069  prior offense, $100.
 1070         3.For a third offense occurring within 36 months after a
 1071  prior offense, $250.
 1072         (dd)Section 327.371, relating to the regulation of human
 1073  powered vessels.
 1074  
 1075  Any person cited for a violation of any provision of this
 1076  subsection shall be deemed to be charged with a noncriminal
 1077  infraction, shall be cited for such an infraction, and shall be
 1078  cited to appear before the county court. The civil penalty for
 1079  any such infraction is $50, except as otherwise provided in this
 1080  section. Any person who fails to appear or otherwise properly
 1081  respond to a uniform boating citation shall, in addition to the
 1082  charge relating to the violation of the boating laws of this
 1083  state, be charged with the offense of failing to respond to such
 1084  citation and, upon conviction, be guilty of a misdemeanor of the
 1085  second degree, punishable as provided in s. 775.082 or s.
 1086  775.083. A written warning to this effect shall be provided at
 1087  the time such uniform boating citation is issued.
 1088         Section 22. Subsection (4) of section 328.09, Florida
 1089  Statutes, is amended to read:
 1090         328.09 Refusal to issue and authority to cancel a
 1091  certificate of title or registration.—
 1092         (4) The department may not issue a certificate of title to
 1093  an any applicant for a any vessel that has been deemed derelict
 1094  by a law enforcement officer under s. 376.15 or s. 823.11. A law
 1095  enforcement officer must inform the department in writing, which
 1096  may be provided by facsimile, electronic mail, or other
 1097  electronic means, of the vessel’s derelict status and supply the
 1098  department with the vessel title number or vessel identification
 1099  number. The department may issue a certificate of title once a
 1100  law enforcement officer has verified in writing, which may be
 1101  provided by facsimile, electronic mail, or other electronic
 1102  means, that the vessel is no longer a derelict vessel.
 1103         Section 23. Effective July 1, 2023, paragraph (e) of
 1104  subsection (3) of section 328.09, Florida Statutes, as amended
 1105  by section 12 of chapter 2019-76, Laws of Florida, is amended to
 1106  read:
 1107         328.09 Refusal to issue and authority to cancel a
 1108  certificate of title or registration.—
 1109         (3) Except as otherwise provided in subsection (4), the
 1110  department may reject an application for a certificate of title
 1111  only if:
 1112         (e) The application is for a vessel that has been deemed
 1113  derelict by a law enforcement officer under s. 376.15 or s.
 1114  823.11. In such case, a law enforcement officer must inform the
 1115  department in writing, which may be provided by facsimile, e
 1116  mail, or other electronic means, of the vessel’s derelict status
 1117  and supply the department with the vessel title number or vessel
 1118  identification number. The department may issue a certificate of
 1119  title once a law enforcement officer has verified in writing,
 1120  which may be provided by facsimile, e-mail, or other electronic
 1121  means, that the vessel is no longer a derelict vessel.
 1122         Section 24. Section 376.15, Florida Statutes, is amended to
 1123  read:
 1124         376.15 Derelict vessels; relocation or removal from public
 1125  waters of this state.—
 1126         (1) As used in this section, the term:
 1127         (a) “Commission” means the Fish and Wildlife Conservation
 1128  Commission.
 1129         (b) “Gross negligence” means conduct so reckless or wanting
 1130  in care that it constitutes a conscious disregard or
 1131  indifference to the safety of the property exposed to such
 1132  conduct.
 1133         (c) “Willful misconduct” means conduct evidencing
 1134  carelessness or negligence of such a degree or recurrence as to
 1135  manifest culpability, wrongful intent, or evil design or to show
 1136  an intentional and substantial disregard of the interests of the
 1137  vessel owner.
 1138         (2)(a) It is unlawful for any person, firm, or corporation
 1139  to store, leave, or abandon any derelict vessel as defined in s.
 1140  823.11 upon the waters of in this state. For purposes of this
 1141  paragraph, the term “leave” means to allow a vessel to remain
 1142  occupied or unoccupied on the waters of this state for more than
 1143  24 hours.
 1144         (b)Notwithstanding paragraph (a), a person who owns or
 1145  operates a vessel that becomes derelict upon the waters of this
 1146  state solely as a result of a boating accident that is reported
 1147  to law enforcement in accordance with s. 327.301 or otherwise
 1148  reported to law enforcement; a hurricane; or another sudden
 1149  event outside of his or her control may not be charged with a
 1150  violation if:
 1151         1.The individual documents for law enforcement the
 1152  specific event that led to the vessel being derelict upon the
 1153  waters of this state; and
 1154         2.The vessel has been removed from the waters of this
 1155  state or has been repaired or addressed such that it is no
 1156  longer derelict upon the waters of this state:
 1157         a.For a vessel that has become derelict as a result of a
 1158  boating accident or other sudden event outside of his or her
 1159  control, within 7 days after such accident or event; or
 1160         b.Within 45 days after the hurricane has passed over this
 1161  state.
 1162         (c)This subsection does not apply to a vessel that was
 1163  derelict upon the waters of this state before the stated
 1164  accident or event.
 1165         (3)(a) The commission, an officer officers of the
 1166  commission, or a and any law enforcement agency or officer
 1167  specified in s. 327.70 may are authorized and empowered to
 1168  relocate, remove, store, destroy, or dispose of or cause to be
 1169  relocated, or removed, stored, destroyed, or disposed of a any
 1170  derelict vessel as defined in s. 823.11 from public waters of
 1171  this state as defined in s. 327.02. All costs, including costs
 1172  owed to a third party, incurred by the commission or other law
 1173  enforcement agency in the relocation, or removal, storage,
 1174  destruction, or disposal of any abandoned or derelict vessel are
 1175  recoverable against the owner of the vessel or the party
 1176  determined to be legally responsible for the vessel being upon
 1177  the waters of this state in a derelict condition. The Department
 1178  of Legal Affairs shall represent the commission in actions to
 1179  recover such costs.
 1180         (b) The commission, an officer officers of the commission,
 1181  or a and any other law enforcement agency or officer specified
 1182  in s. 327.70 acting pursuant to under this section to relocate,
 1183  remove, store, destroy, or dispose of or cause to be relocated,
 1184  or removed, stored, destroyed, or disposed of a derelict vessel
 1185  from public waters of this state as defined in s. 327.02 shall
 1186  be held harmless for all damages to the derelict vessel
 1187  resulting from such action relocation or removal unless the
 1188  damage results from gross negligence or willful misconduct as
 1189  these terms are defined in s. 823.11.
 1190         (c) A contractor performing relocation or removal
 1191  activities at the direction of the commission, an officer
 1192  officers of the commission, or a law enforcement agency or
 1193  officer, or a governmental subdivision, when the governmental
 1194  subdivision has received authorization for the relocation or
 1195  removal from a law enforcement officer or agency pursuant to
 1196  this section, must be licensed in accordance with applicable
 1197  United States Coast Guard regulations where required; obtain and
 1198  carry in full force and effect a policy from a licensed
 1199  insurance carrier in this state to insure against any accident,
 1200  loss, injury, property damage, or other casualty caused by or
 1201  resulting from the contractor’s actions; and be properly
 1202  equipped to perform the services to be provided.
 1203         (d) The commission may establish a program to provide
 1204  grants to local governments for the removal, storage,
 1205  destruction, and disposal of derelict vessels from the public
 1206  waters of this the state as defined in s. 327.02. The program
 1207  shall be funded from the Marine Resources Conservation Trust
 1208  Fund or the Florida Coastal Protection Trust Fund.
 1209  Notwithstanding the provisions in s. 216.181(11), funds
 1210  available for grants may only be authorized by appropriations
 1211  acts of the Legislature. In a given fiscal year, if all funds
 1212  appropriated pursuant to this paragraph are not requested by and
 1213  granted to local governments for the removal, storage,
 1214  destruction, and disposal of derelict vessels by the end of the
 1215  third quarter, the Fish and Wildlife Conservation Commission may
 1216  use the remainder of the funds to remove, store, destroy, and
 1217  dispose of, or to pay private contractors to remove, store,
 1218  destroy, and dispose of, derelict vessels.
 1219         (e) The commission shall adopt by rule procedures for
 1220  submitting a grant application and criteria for allocating
 1221  available funds. Such criteria shall include, but not be limited
 1222  to, the following:
 1223         1. The number of derelict vessels within the jurisdiction
 1224  of the applicant.
 1225         2. The threat posed by such vessels to public health or
 1226  safety, the environment, navigation, or the aesthetic condition
 1227  of the general vicinity.
 1228         3. The degree of commitment of the local government to
 1229  maintain waters free of abandoned and derelict vessels and to
 1230  seek legal action against those who abandon vessels in the
 1231  waters of this the state as defined in s. 327.02.
 1232         (f) This section constitutes the authority for such removal
 1233  but is not intended to be in contravention of any applicable
 1234  federal act.
 1235         Section 25. Subsections (2) and (4) of section 705.103,
 1236  Florida Statutes, are amended to read:
 1237         705.103 Procedure for abandoned or lost property.—
 1238         (2)(a)1. Whenever a law enforcement officer ascertains
 1239  that:
 1240         a. An article of lost or abandoned property other than a
 1241  derelict vessel or a vessel declared a public nuisance pursuant
 1242  to s. 327.73(1)(aa) is present on public property and is of such
 1243  nature that it cannot be easily removed, the officer shall cause
 1244  a notice to be placed upon such article in substantially the
 1245  following form:
 1246  
 1247  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1248  PROPERTY. This property, to wit: ...(setting forth brief
 1249  description)... is unlawfully upon public property known as
 1250  ...(setting forth brief description of location)... and must be
 1251  removed within 5 days; otherwise, it will be removed and
 1252  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1253  will be liable for the costs of removal, storage, and
 1254  publication of notice. Dated this: ...(setting forth the date of
 1255  posting of notice)..., signed: ...(setting forth name, title,
 1256  address, and telephone number of law enforcement officer)....
 1257  
 1258         b.A derelict vessel or a vessel declared a public nuisance
 1259  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1260  state, the officer shall cause a notice to be placed upon such
 1261  vessel in substantially the following form:
 1262  
 1263  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1264  VESSEL. This vessel, to wit: ...(setting forth brief
 1265  description)... has been determined to be (derelict or a public
 1266  nuisance) and is unlawfully upon waters of this state
 1267  ...(setting forth brief description of location)... and must be
 1268  removed within 21 days; otherwise, it will be removed and
 1269  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1270  and other interested parties have the right to a hearing to
 1271  challenge the determination that this vessel is derelict or
 1272  otherwise in violation of the law. Please contact ...(contact
 1273  information for person who can arrange for a hearing in
 1274  accordance with this section).... The owner or the party
 1275  determined to be legally responsible for the vessel being upon
 1276  the waters of this state in a derelict condition will be liable
 1277  for the costs of removal, destruction, and disposal if this
 1278  vessel is not removed by the owner. Dated this: ...(setting
 1279  forth the date of posting of notice)..., signed: ...(setting
 1280  forth name, title, address, and telephone number of law
 1281  enforcement officer)....
 1282         2.The notices required under subparagraph 1. may Such
 1283  notice shall be not be less than 8 inches by 10 inches and shall
 1284  be sufficiently weatherproof to withstand normal exposure to the
 1285  elements. In addition to posting, the law enforcement officer
 1286  shall make a reasonable effort to ascertain the name and address
 1287  of the owner. If such is reasonably available to the officer,
 1288  she or he shall mail a copy of such notice to the owner on or
 1289  before the date of posting. If the property is a motor vehicle
 1290  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1291  the law enforcement agency shall contact the Department of
 1292  Highway Safety and Motor Vehicles in order to determine the name
 1293  and address of the owner and any person who has filed a lien on
 1294  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1295  328.15(1). On receipt of this information, the law enforcement
 1296  agency shall mail a copy of the notice by certified mail, return
 1297  receipt requested, to the owner and to the lienholder, if any,
 1298  except that a law enforcement officer who has issued a citation
 1299  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1300  derelict vessel is not required to mail a copy of the notice by
 1301  certified mail, return receipt requested, to the owner. For a
 1302  derelict vessel or a vessel declared a public nuisance pursuant
 1303  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1304  responsible party that he or she has a right to a hearing to
 1305  dispute the determination that the vessel is derelict or
 1306  otherwise in violation of the law. If a request for a hearing is
 1307  made, a state agency shall follow the processes set forth in s.
 1308  120.569. Local governmental entities shall follow the processes
 1309  set forth in s. 120.569, except that a local judge, magistrate,
 1310  or code enforcement officer may be designated to conduct such a
 1311  hearing. If, at the end of 5 days after posting the notice in
 1312  sub-subparagraph 1.a., or at the end of 21 days after posting
 1313  the notice in sub-subparagraph 1.b., and mailing such notice, if
 1314  required, the owner or any person interested in the lost or
 1315  abandoned article or articles described has not removed the
 1316  article or articles from public property or shown reasonable
 1317  cause for failure to do so, and, in the case of a derelict
 1318  vessel or a vessel declared a public nuisance pursuant to s.
 1319  327.73(1)(aa), has not requested a hearing in accordance with
 1320  this section, the following shall apply:
 1321         a.(a) For abandoned property other than a derelict vessel
 1322  or a vessel declared a public nuisance pursuant to s.
 1323  327.73(1)(aa), the law enforcement agency may retain any or all
 1324  of the property for its own use or for use by the state or unit
 1325  of local government, trade such property to another unit of
 1326  local government or state agency, donate the property to a
 1327  charitable organization, sell the property, or notify the
 1328  appropriate refuse removal service.
 1329         b.For a derelict vessel or a vessel declared a public
 1330  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1331  agency or its designee may:
 1332         (I)Remove the vessel from the waters of this state and
 1333  destroy and dispose of the vessel or authorize another
 1334  governmental entity or its designee to do so; or
 1335         (II)Authorize the vessel’s use as an artificial reef in
 1336  accordance with s. 379.249 if all necessary federal, state, and
 1337  local authorizations are received.
 1338  
 1339  A law enforcement agency or its designee may also take action as
 1340  described in this sub-subparagraph if, following a hearing
 1341  pursuant to this section, the judge, magistrate, administrative
 1342  law judge, or hearing officer has determined the vessel to be
 1343  derelict as provided in s. 823.11 or otherwise in violation of
 1344  the law in accordance with s. 327.73(1)(aa) and a final order
 1345  has been entered or the case is otherwise closed.
 1346         (b) For lost property, the officer shall take custody and
 1347  the agency shall retain custody of the property for 90 days. The
 1348  agency shall publish notice of the intended disposition of the
 1349  property, as provided in this section, during the first 45 days
 1350  of this time period.
 1351         1. If the agency elects to retain the property for use by
 1352  the unit of government, donate the property to a charitable
 1353  organization, surrender such property to the finder, sell the
 1354  property, or trade the property to another unit of local
 1355  government or state agency, notice of such election shall be
 1356  given by an advertisement published once a week for 2
 1357  consecutive weeks in a newspaper of general circulation in the
 1358  county where the property was found if the value of the property
 1359  is more than $100. If the value of the property is $100 or less,
 1360  notice shall be given by posting a description of the property
 1361  at the law enforcement agency where the property was turned in.
 1362  The notice must be posted for not less than 2 consecutive weeks
 1363  in a public place designated by the law enforcement agency. The
 1364  notice must describe the property in a manner reasonably
 1365  adequate to permit the rightful owner of the property to claim
 1366  it.
 1367         2. If the agency elects to sell the property, it must do so
 1368  at public sale by competitive bidding. Notice of the time and
 1369  place of the sale shall be given by an advertisement of the sale
 1370  published once a week for 2 consecutive weeks in a newspaper of
 1371  general circulation in the county where the sale is to be held.
 1372  The notice shall include a statement that the sale shall be
 1373  subject to any and all liens. The sale must be held at the
 1374  nearest suitable place to that where the lost or abandoned
 1375  property is held or stored. The advertisement must include a
 1376  description of the goods and the time and place of the sale. The
 1377  sale may take place no earlier than 10 days after the final
 1378  publication. If there is no newspaper of general circulation in
 1379  the county where the sale is to be held, the advertisement shall
 1380  be posted at the door of the courthouse and at three other
 1381  public places in the county at least 10 days prior to sale.
 1382  Notice of the agency’s intended disposition shall describe the
 1383  property in a manner reasonably adequate to permit the rightful
 1384  owner of the property to identify it.
 1385         (4) The owner of any abandoned or lost property, or in the
 1386  case of a derelict vessel, the owner or other party determined
 1387  to be legally responsible for the vessel being upon the waters
 1388  of this state in a derelict condition, who, after notice as
 1389  provided in this section, does not remove such property within
 1390  the specified period shall be liable to the law enforcement
 1391  agency, other governmental entity, or the agency’s or entity’s
 1392  designee for all costs of removal, storage, and destruction of
 1393  such property, less any salvage value obtained by disposal of
 1394  the property. Upon final disposition of the property, the law
 1395  enforcement officer or representative of the law enforcement
 1396  agency or other governmental entity shall notify the owner, if
 1397  known, of the amount owed. In the case of an abandoned vessel or
 1398  motor vehicle, any person who neglects or refuses to pay such
 1399  amount is not entitled to be issued a certificate of
 1400  registration for such vessel or motor vehicle, or any other
 1401  vessel or motor vehicle, until such costs have been paid. A
 1402  person who has neglected or refused to pay all costs of removal,
 1403  storage, disposal, and destruction of a vessel or motor vehicle
 1404  as provided in this section, after having been provided written
 1405  notice via certified mail that such costs are owed, and who
 1406  applies for and is issued a registration for a vessel or motor
 1407  vehicle before such costs have been paid in full commits a
 1408  misdemeanor of the first degree, punishable as provided in s.
 1409  775.082 or s. 775.083. The law enforcement officer or
 1410  representative of the law enforcement agency or other
 1411  governmental entity shall supply the Department of Highway
 1412  Safety and Motor Vehicles with a list of persons whose vessel
 1413  registration privileges and or whose motor vehicle privileges
 1414  have been revoked under this subsection. Neither The department
 1415  or a nor any other person acting as an agent of the department
 1416  may not thereof shall issue a certificate of registration to a
 1417  person whose vessel and or motor vehicle registration privileges
 1418  have been revoked, as provided by this subsection, until such
 1419  costs have been paid.
 1420         Section 26. Effective July 1, 2023, subsection (2) of
 1421  section 705.103, Florida Statutes, as amended by section 29 of
 1422  chapter 2019-76, Laws of Florida, is amended to read
 1423         705.103 Procedure for abandoned or lost property.—
 1424         (2)(a)1. Whenever a law enforcement officer ascertains
 1425  that:
 1426         a. An article of lost or abandoned property other than a
 1427  derelict vessel or a vessel declared a public nuisance pursuant
 1428  to s. 327.73(1)(aa) is present on public property and is of such
 1429  nature that it cannot be easily removed, the officer shall cause
 1430  a notice to be placed upon such article in substantially the
 1431  following form:
 1432  
 1433  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1434  PROPERTY. This property, to wit: ...(setting forth brief
 1435  description)... is unlawfully upon public property known as
 1436  ...(setting forth brief description of location)... and must be
 1437  removed within 5 days; otherwise, it will be removed and
 1438  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1439  will be liable for the costs of removal, storage, and
 1440  publication of notice. Dated this: ...(setting forth the date of
 1441  posting of notice)..., signed: ...(setting forth name, title,
 1442  address, and telephone number of law enforcement officer)....
 1443  
 1444         b.A derelict vessel or a vessel declared a public nuisance
 1445  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1446  state, the officer shall cause a notice to be placed upon such
 1447  vessel in substantially the following form:
 1448  
 1449  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1450  VESSEL. This vessel, to wit: ...(setting forth brief description
 1451  of location)... has been determined to be (derelict or a public
 1452  nuisance) and is unlawfully upon the waters of this state
 1453  ...(setting forth brief description of location)... and must be
 1454  removed within 21 days; otherwise, it will be removed and
 1455  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1456  and other interested parties have the right to a hearing to
 1457  challenge the determination that this vessel is derelict or
 1458  otherwise in violation of the law. Please contact ...(contact
 1459  information for person who can arrange for a hearing in
 1460  accordance with this section)... The owner or the party
 1461  determined to be legally responsible for the vessel being upon
 1462  the waters of this state in a derelict condition will be liable
 1463  for the costs of removal, destruction, and disposal if this
 1464  vessel is not removed by the owner. Dated this: ...(setting
 1465  forth the date of posting of notice)..., signed: ...(setting
 1466  forth name, title, address, and telephone number of law
 1467  enforcement officer)....
 1468  
 1469         2.The notices required under subparagraph 1. may Such
 1470  notice shall be not be less than 8 inches by 10 inches and shall
 1471  be sufficiently weatherproof to withstand normal exposure to the
 1472  elements. In addition to posting, the law enforcement officer
 1473  shall make a reasonable effort to ascertain the name and address
 1474  of the owner. If such is reasonably available to the officer,
 1475  she or he shall mail a copy of such notice to the owner on or
 1476  before the date of posting. If the property is a motor vehicle
 1477  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1478  the law enforcement agency shall contact the Department of
 1479  Highway Safety and Motor Vehicles in order to determine the name
 1480  and address of the owner and any person who has filed a lien on
 1481  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1482  328.15. On receipt of this information, the law enforcement
 1483  agency shall mail a copy of the notice by certified mail, return
 1484  receipt requested, to the owner and to the lienholder, if any,
 1485  except that a law enforcement officer who has issued a citation
 1486  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1487  derelict vessel is not required to mail a copy of the notice by
 1488  certified mail, return receipt requested, to the owner. For a
 1489  derelict vessel or a vessel declared a public nuisance pursuant
 1490  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1491  responsible party that he or she has a right to a hearing to
 1492  dispute the determination that the vessel is derelict or
 1493  otherwise in violation of the law. If a request for a hearing is
 1494  made, a state agency shall follow the processes as set forth in
 1495  s. 120.569. Local governmental entities shall follow the
 1496  processes set forth in s. 120.569, except that a local judge,
 1497  magistrate, or code enforcement officer may be designated to
 1498  conduct such hearings. If, at the end of 5 days after posting
 1499  the notice in sub-subparagraph 1.a., or at the end of 21 days
 1500  after posting the notice in sub-subparagraph 1.b., and mailing
 1501  such notice, if required, the owner or any person interested in
 1502  the lost or abandoned article or articles described has not
 1503  removed the article or articles from public property or shown
 1504  reasonable cause for failure to do so, and, in the case of a
 1505  derelict vessel or a vessel declared a public nuisance pursuant
 1506  to s. 327.73(1)(aa), has not requested a hearing in accordance
 1507  with this section, the following shall apply:
 1508         a.(a) For abandoned property other than a derelict vessel
 1509  or a vessel declared a public nuisance pursuant to s.
 1510  327.73(1)(aa), the law enforcement agency may retain any or all
 1511  of the property for its own use or for use by the state or unit
 1512  of local government, trade such property to another unit of
 1513  local government or state agency, donate the property to a
 1514  charitable organization, sell the property, or notify the
 1515  appropriate refuse removal service.
 1516         b.For a derelict vessel or a vessel declared a public
 1517  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1518  agency or its designee may:
 1519         (I)Remove the vessel from the waters of this state and
 1520  destroy and dispose of the vessel or authorize another
 1521  governmental entity or its designee to do so; or
 1522         (II)Authorize the vessel’s use as an artificial reef in
 1523  accordance with s. 379.249 if all necessary federal, state, and
 1524  local authorizations are received.
 1525  
 1526  A law enforcement agency or its designee may also take action as
 1527  described in this sub-subparagraph if, following a hearing
 1528  pursuant to this section, the judge, magistrate, administrative
 1529  law judge, or hearing officer has determined the vessel to be
 1530  derelict as provided in s. 823.11 or otherwise in violation of
 1531  the law in accordance with s. 327.73(1)(aa) and a final order
 1532  has been entered or the case is otherwise closed.
 1533         (b) For lost property, the officer shall take custody and
 1534  the agency shall retain custody of the property for 90 days. The
 1535  agency shall publish notice of the intended disposition of the
 1536  property, as provided in this section, during the first 45 days
 1537  of this time period.
 1538         1. If the agency elects to retain the property for use by
 1539  the unit of government, donate the property to a charitable
 1540  organization, surrender such property to the finder, sell the
 1541  property, or trade the property to another unit of local
 1542  government or state agency, notice of such election shall be
 1543  given by an advertisement published once a week for 2
 1544  consecutive weeks in a newspaper of general circulation in the
 1545  county where the property was found if the value of the property
 1546  is more than $100. If the value of the property is $100 or less,
 1547  notice shall be given by posting a description of the property
 1548  at the law enforcement agency where the property was turned in.
 1549  The notice must be posted for not less than 2 consecutive weeks
 1550  in a public place designated by the law enforcement agency. The
 1551  notice must describe the property in a manner reasonably
 1552  adequate to permit the rightful owner of the property to claim
 1553  it.
 1554         2. If the agency elects to sell the property, it must do so
 1555  at public sale by competitive bidding. Notice of the time and
 1556  place of the sale shall be given by an advertisement of the sale
 1557  published once a week for 2 consecutive weeks in a newspaper of
 1558  general circulation in the county where the sale is to be held.
 1559  The notice shall include a statement that the sale shall be
 1560  subject to any and all liens. The sale must be held at the
 1561  nearest suitable place to that where the lost or abandoned
 1562  property is held or stored. The advertisement must include a
 1563  description of the goods and the time and place of the sale. The
 1564  sale may take place no earlier than 10 days after the final
 1565  publication. If there is no newspaper of general circulation in
 1566  the county where the sale is to be held, the advertisement shall
 1567  be posted at the door of the courthouse and at three other
 1568  public places in the county at least 10 days prior to sale.
 1569  Notice of the agency’s intended disposition shall describe the
 1570  property in a manner reasonably adequate to permit the rightful
 1571  owner of the property to identify it.
 1572         Section 27. Subsections (1), (2), and (3) of section
 1573  823.11, Florida Statutes, are amended to read:
 1574         823.11 Derelict vessels; relocation or removal; penalty.—
 1575         (1) As used in this section and s. 376.15, the term:
 1576         (a) “Commission” means the Fish and Wildlife Conservation
 1577  Commission.
 1578         (b) “Derelict vessel” means a vessel, as defined in s.
 1579  327.02, that is left, stored, or abandoned:
 1580         1. In a wrecked, junked, or substantially dismantled
 1581  condition upon any public waters of this state.
 1582         a.A vessel is wrecked if it is sunken or sinking; aground
 1583  without the ability to extricate itself absent mechanical
 1584  assistance; or remaining after a marine casualty, including, but
 1585  not limited to, a boating accident, extreme weather, or a fire.
 1586         b.A vessel is junked if it has been substantially stripped
 1587  of vessel components, if vessel components have substantially
 1588  degraded or been destroyed, or if the vessel has been discarded
 1589  by the owner or operator. Attaching an outboard motor to a
 1590  vessel that is otherwise junked will not cause the vessel to no
 1591  longer be junked if such motor is not an effective means of
 1592  propulsion as required by s. 327.4107(2)(e) and associated
 1593  rules.
 1594         c.A vessel is substantially dismantled if at least two of
 1595  the three following vessel systems or components are missing,
 1596  compromised, incomplete, inoperable, or broken:
 1597         (I)The steering system;
 1598         (II)The propulsion system; or
 1599         (III)The exterior hull integrity.
 1600  
 1601  Attaching an outboard motor to a vessel that is otherwise
 1602  substantially dismantled will not cause the vessel to no longer
 1603  be substantially dismantled if such motor is not an effective
 1604  means of propulsion as required by s. 327.4107(2)(e) and
 1605  associated rules.
 1606         2. At a port in this state without the consent of the
 1607  agency having jurisdiction thereof.
 1608         3. Docked, grounded, or beached upon the property of
 1609  another without the consent of the owner of the property.
 1610         (c) “Gross negligence” means conduct so reckless or wanting
 1611  in care that it constitutes a conscious disregard or
 1612  indifference to the safety of the property exposed to such
 1613  conduct.
 1614         (d) “Willful misconduct” means conduct evidencing
 1615  carelessness or negligence of such a degree or recurrence as to
 1616  manifest culpability, wrongful intent, or evil design or to show
 1617  an intentional and substantial disregard of the interests of the
 1618  vessel owner.
 1619         (2)(a)It is unlawful for A person, firm, or corporation
 1620  may not to store, leave, or abandon any derelict vessel upon
 1621  waters of in this state. For purposes of this paragraph, the
 1622  term “leave” means to allow a vessel to remain occupied or
 1623  unoccupied on the waters of this state for more than 24 hours.
 1624         (b)Notwithstanding paragraph (a), a person who owns or
 1625  operates a vessel that becomes derelict upon the waters of this
 1626  state solely as a result of a boating accident that is reported
 1627  to law enforcement in accordance with s. 327.301 or otherwise
 1628  reported to law enforcement; a hurricane; or another sudden
 1629  event outside of his or her control may not be charged with a
 1630  violation if:
 1631         1.The individual documents for law enforcement the
 1632  specific event that led to the vessel being derelict upon the
 1633  waters of this state; and
 1634         2.The vessel has been removed from the waters of this
 1635  state or has been repaired or addressed such that it is no
 1636  longer derelict upon the waters of this state:
 1637         a.For a vessel that has become derelict as a result of a
 1638  boating accident or other sudden event outside of his or her
 1639  control, within 7 days after such accident or event; or
 1640         b.Within 45 days after the hurricane has passed over the
 1641  state.
 1642         (c)This subsection does not apply to a vessel that was
 1643  derelict upon the waters of this state before the stated
 1644  accident or event.
 1645         (3) The commission, an officer officers of the commission,
 1646  or a and any law enforcement agency or officer specified in s.
 1647  327.70 may are authorized and empowered to relocate, remove,
 1648  store, destroy, or dispose of or cause to be relocated, or
 1649  removed, stored, destroyed, or disposed of a derelict vessel
 1650  from public waters of this state as defined in s. 327.02 if the
 1651  derelict vessel obstructs or threatens to obstruct navigation or
 1652  in any way constitutes a danger to the environment, property, or
 1653  persons. The commission, an officer officers of the commission,
 1654  or any other law enforcement agency or officer acting pursuant
 1655  to under this subsection to relocate, remove, store, destroy,
 1656  dispose of or cause to be relocated, or removed, stored,
 1657  destroyed, or disposed of a derelict vessel from public waters
 1658  of this state shall be held harmless for all damages to the
 1659  derelict vessel resulting from such action relocation or removal
 1660  unless the damage results from gross negligence or willful
 1661  misconduct.
 1662         (a) Removal of derelict vessels under this subsection may
 1663  be funded by grants provided in ss. 206.606 and 376.15. The
 1664  commission shall implement a plan for the procurement of any
 1665  available federal disaster funds and use such funds for the
 1666  removal of derelict vessels.
 1667         (b) All costs, including costs owed to a third party,
 1668  incurred by the commission, another or other law enforcement
 1669  agency, or a governmental subdivision, when the governmental
 1670  subdivision has received authorization from a law enforcement
 1671  officer or agency, in the relocation, or removal, storage,
 1672  destruction, or disposal of a derelict vessel are recoverable
 1673  against the vessel owner or the party determined to be legally
 1674  responsible for the vessel being upon the waters of this state
 1675  in a derelict condition. The Department of Legal Affairs shall
 1676  represent the commission in actions to recover such costs. As
 1677  provided in s. 705.103(4), a person who neglects or refuses to
 1678  pay such costs may not be issued a certificate of registration
 1679  for such vessel or for any other vessel or motor vehicle until
 1680  such costs have been paid. A person who has neglected or refused
 1681  to pay all costs of removal, storage, destruction, or disposal
 1682  of a derelict vessel as provided in this section, after having
 1683  been provided written notice via certified mail that such costs
 1684  are owed, and who applies for and is issued a registration for a
 1685  vessel or motor vehicle before such costs have been paid in full
 1686  commits a misdemeanor of the first degree, punishable as
 1687  provided in s. 775.082 or s. 775.083.
 1688         (c) A contractor performing such relocation or removal
 1689  activities at the direction of the commission, an officer
 1690  officers of the commission, or a law enforcement agency or
 1691  officer, or a governmental subdivision, when the governmental
 1692  subdivision has received authorization for the relocation or
 1693  removal from a law enforcement officer or agency, pursuant to
 1694  this section must be licensed in accordance with applicable
 1695  United States Coast Guard regulations where required; obtain and
 1696  carry in full force and effect a policy from a licensed
 1697  insurance carrier in this state to insure against any accident,
 1698  loss, injury, property damage, or other casualty caused by or
 1699  resulting from the contractor’s actions; and be properly
 1700  equipped to perform the services to be provided.
 1701         Section 28. Except as otherwise expressly provided in this
 1702  act, this act shall take effect July 1, 2021.
 1703  
 1704  ================= T I T L E  A M E N D M E N T ================
 1705  And the title is amended as follows:
 1706         Delete everything before the enacting clause
 1707  and insert:
 1708                        A bill to be entitled                      
 1709         An act relating to operation and safety of motor
 1710         vehicles and vessels; amending ss. 316.1932 and
 1711         316.1939, F.S.; revising conditions under which a
 1712         person’s driving privilege is suspended and under
 1713         which the person commits a misdemeanor relating to
 1714         tests for alcohol, chemical substances, or controlled
 1715         substances; specifying such misdemeanor as a
 1716         misdemeanor of the first degree; amending s. 327.02,
 1717         F.S.; defining the term “human-powered vessel”;
 1718         revising the definition of the term “navigation
 1719         rules”; amending s. 327.04, F.S.; providing additional
 1720         rulemaking authority to the Fish and Wildlife
 1721         Conservation Commission; creating s. 327.462, F.S.;
 1722         defining terms; authorizing heads of certain entities
 1723         to establish temporary protection zones in certain
 1724         water bodies for certain purposes; providing
 1725         protection zone requirements; requiring reports of
 1726         establishment of such protection zones to the
 1727         commission and to the appropriate United States Coast
 1728         Guard Sector Command; providing report requirements;
 1729         providing applicability; providing penalties; amending
 1730         ss. 327.352 and 327.359, F.S.; revising conditions
 1731         under which a person commits a misdemeanor the first
 1732         degree for refusing to submit to certain tests;
 1733         creating s. 327.371, F.S.; providing circumstances
 1734         under which a person may operate a human-powered
 1735         vessel within the boundaries of the marked channel of
 1736         the Florida Intracoastal Waterway; providing a
 1737         penalty; amending s. 327.391, F.S.; conforming cross
 1738         references; amending s. 327.395, F.S.; removing
 1739         authority of the commission to appoint certain
 1740         entities to administer a boating safety education
 1741         course or temporary certificate examination and issue
 1742         certain credentials; exempting certain persons from
 1743         the requirement to possess certain documents aboard a
 1744         vessel; amending s. 327.4107, F.S.; revising the
 1745         conditions under which officers may determine a vessel
 1746         is at risk of becoming derelict; authorizing certain
 1747         officers to provide notice that a vessel is at risk of
 1748         becoming derelict via body camera recordings;
 1749         authorizing the commission or certain officers to
 1750         relocate at-risk vessels to a certain distance from
 1751         mangroves or vegetation; providing that the commission
 1752         or officers are not liable for damages to such
 1753         vessels; providing an exception; authorizing the
 1754         commission to establish a derelict vessel prevention
 1755         program consisting of certain components; authorizing
 1756         the commission to adopt rules; providing that such
 1757         program is subject to appropriation by the
 1758         Legislature; providing for funding; amending s.
 1759         327.4108, F.S.; designating Monroe County as an
 1760         anchoring limitation area subject to certain
 1761         requirements; requiring the commission to adopt rules;
 1762         providing applicability; deleting obsolete language;
 1763         amending s. 327.4109, F.S.; prohibiting the anchoring
 1764         or mooring of a vessel or floating structure within a
 1765         certain distance of certain facilities; providing
 1766         exceptions; amending s. 327.45, F.S.; authorizing the
 1767         commission to establish protection zones where certain
 1768         activities are prohibited in or near springs; amending
 1769         s. 327.46, F.S.; authorizing a county or municipality
 1770         to establish a boating-restricted area within and
 1771         around a public mooring field and within certain
 1772         portions of the Florida Intracoastal Waterway;
 1773         providing an exception with respect to a certain
 1774         vessel-exclusion zone; creating s. 327.463, F.S.;
 1775         specifying conditions under which a vessel is and is
 1776         not operating at slow speed, minimum wake; prohibiting
 1777         a person from operating a vessel faster than slow
 1778         speed, minimum wake within a certain distance from
 1779         other specified vessels; exempting a person from being
 1780         cited for a violation under certain circumstances;
 1781         providing penalties; providing applicability; amending
 1782         s. 327.50, F.S.; authorizing the commission to exempt
 1783         vessel owners and operators from certain safety
 1784         equipment requirements; amending s. 327.53, F.S.;
 1785         requiring the owner or operator of a live-aboard
 1786         vessel or houseboat equipped with a marine sanitation
 1787         device to maintain a record of the date and location
 1788         of each pumpout of the device for a certain period;
 1789         conforming a cross-reference; making technical
 1790         changes; amending s. 327.54, F.S.; prohibiting a
 1791         livery from leasing, hiring, or renting a vessel to a
 1792         person required to complete a commission-approved
 1793         boating safety education course unless such person
 1794         presents certain documentation indicating compliance;
 1795         amending s. 327.60, F.S.; authorizing a local
 1796         government to enact and enforce regulations allowing
 1797         the local law enforcement agency to remove an
 1798         abandoned or lost vessel affixed to a public mooring;
 1799         amending s. 327.73, F.S.; providing additional
 1800         violations that qualify as noncriminal infractions;
 1801         providing civil penalties; prohibiting conviction of a
 1802         person cited for a violation relating to possessing
 1803         proof of boating safety education under certain
 1804         circumstances; increasing certain civil penalties;
 1805         providing that certain vessels shall be declared a
 1806         public nuisance subject to certain statutory
 1807         provisions; authorizing the commission or certain
 1808         officers to relocate or remove public nuisance vessels
 1809         from the waters of this state; providing that the
 1810         commission or officers are not liable for damages to
 1811         such vessels; providing an exception; amending s.
 1812         328.09, F.S.; prohibiting the Department of Highway
 1813         Safety and Motor Vehicles from issuing a certificate
 1814         of title to an applicant for a vessel that has been
 1815         deemed derelict pursuant to certain provisions;
 1816         authorizing the department, at a later date, to reject
 1817         an application for a certificate of title for such a
 1818         vessel; amending s. 376.15, F.S.; revising unlawful
 1819         acts relating to derelict vessels; defining the term
 1820         “leave”; prohibiting an owner or operator whose vessel
 1821         becomes derelict due to specified accidents or events
 1822         from being charged with a violation under certain
 1823         circumstances; providing applicability; conforming
 1824         provisions to changes made by the act; authorizing a
 1825         governmental subdivision that has received
 1826         authorization from a law enforcement officer or agency
 1827         to direct a contractor to perform vessel storage,
 1828         destruction, and disposal activities; authorizing the
 1829         commission to provide local government grants for the
 1830         storage, destruction, and disposal of derelict
 1831         vessels; providing for funding; amending s. 705.103,
 1832         F.S.; providing notice procedures for when a law
 1833         enforcement officer ascertains that a derelict or
 1834         public nuisance vessel is present on the waters of
 1835         this state; requiring a mailed notice to the owner or
 1836         party responsible for the vessel to inform him or her
 1837         of the right to a hearing; providing hearing
 1838         requirements; authorizing a law enforcement agency to
 1839         take certain actions if a hearing is not requested or
 1840         a vessel is determined to be derelict or otherwise in
 1841         violation of law; revising provisions relating to
 1842         liability for vessel removal costs and notification of
 1843         the amount owed; providing penalties for a person who
 1844         is issued a registration for a vessel or motor vehicle
 1845         before such costs are paid; requiring persons whose
 1846         vessel registration and motor vehicle privileges have
 1847         been revoked for failure to pay certain costs to be
 1848         reported to the department; prohibiting issuance of a
 1849         certificate of registration to such persons until such
 1850         costs are paid; amending s. 823.11, F.S.; revising
 1851         application of definitions; revising the definition of
 1852         the term “derelict vessel”; specifying requirements
 1853         for a vessel to be considered wrecked, junked, or
 1854         substantially dismantled; providing construction;
 1855         revising unlawful acts relating to derelict vessels;
 1856         defining the term “leave”; prohibiting an owner or
 1857         operator whose vessel becomes derelict due to
 1858         specified accidents or events from being charged with
 1859         a violation under certain circumstances; providing
 1860         applicability; providing that relocation or removal
 1861         costs incurred by a governmental subdivision are
 1862         recoverable against the vessel owner or the party
 1863         determined to be legally responsible for the vessel
 1864         being derelict; providing penalties for a person who
 1865         is issued a registration for a vessel or motor vehicle
 1866         before such costs are paid; authorizing a governmental
 1867         subdivision that has received authorization from a law
 1868         enforcement officer or agency to direct a contractor
 1869         to perform vessel relocation or removal activities;
 1870         providing effective dates.