Florida Senate - 2022                        COMMITTEE AMENDMENT
       Bill No. SB 494
       
       
       
       
       
       
                                Ì4825188Î482518                         
       
                              LEGISLATIVE ACTION                        
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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 327.352, Florida Statutes, are amended to read:
    7         327.352 Tests for alcohol, chemical substances, or
    8  controlled substances; implied consent; refusal.—
    9         (1)(a)1. The Legislature declares that the operation of a
   10  vessel is a privilege that must be exercised in a reasonable
   11  manner. In order to protect the public health and safety, it is
   12  essential that a lawful and effective means of reducing the
   13  incidence of boating while impaired or intoxicated be
   14  established. Therefore, a person who accepts the privilege
   15  extended by the laws of this state of operating a vessel within
   16  this state is, by operating such vessel, deemed to have given
   17  his or her consent to submit to an approved chemical test or
   18  physical test including, but not limited to, an infrared light
   19  test of his or her breath for the purpose of determining the
   20  alcoholic content of his or her blood or breath if the person is
   21  lawfully arrested for any offense allegedly committed while the
   22  person was operating a vessel while under the influence of
   23  alcoholic beverages. The chemical or physical breath test must
   24  be incidental to a lawful arrest and administered at the request
   25  of a law enforcement officer who has reasonable cause to believe
   26  such person was operating the vessel within this state while
   27  under the influence of alcoholic beverages. The administration
   28  of a breath test does not preclude the administration of another
   29  type of test. The person shall be told that his or her failure
   30  to submit to any lawful test of his or her breath under this
   31  chapter will result in a civil penalty of $500, and shall also
   32  be told that if he or she refuses to submit to a lawful test of
   33  his or her breath and he or she has been previously fined under
   34  s. 327.35215 or has previously had his or her driving privilege
   35  has been previously driver license suspended for refusal to
   36  submit to any lawful test of his or her breath, urine, or blood,
   37  he or she commits a misdemeanor of the first degree, punishable
   38  as provided in s. 775.082 or s. 775.083, in addition to any
   39  other penalties provided by law. The refusal to submit to a
   40  chemical or physical breath test upon the request of a law
   41  enforcement officer as provided in this section is admissible
   42  into evidence in any criminal proceeding.
   43         2. A person who accepts the privilege extended by the laws
   44  of this state of operating a vessel within this state is, by
   45  operating such vessel, deemed to have given his or her consent
   46  to submit to a urine test for the purpose of detecting the
   47  presence of chemical substances as set forth in s. 877.111 or
   48  controlled substances if the person is lawfully arrested for any
   49  offense allegedly committed while the person was operating a
   50  vessel while under the influence of chemical substances or
   51  controlled substances. The urine test must be incidental to a
   52  lawful arrest and administered at a detention facility or any
   53  other facility, mobile or otherwise, which is equipped to
   54  administer such tests at the request of a law enforcement
   55  officer who has reasonable cause to believe such person was
   56  operating a vessel within this state while under the influence
   57  of chemical substances or controlled substances. The urine test
   58  must shall be administered at a detention facility or any other
   59  facility, mobile or otherwise, which is equipped to administer
   60  such test in a reasonable manner that will ensure the accuracy
   61  of the specimen and maintain the privacy of the individual
   62  involved. The administration of a urine test does not preclude
   63  the administration of another type of test. The person shall be
   64  told that his or her failure to submit to any lawful test of his
   65  or her urine under this chapter will result in a civil penalty
   66  of $500, and shall also be told that if he or she refuses to
   67  submit to a lawful test of his or her urine and he or she has
   68  been previously fined under s. 327.35215 or has previously had
   69  his or her driving privilege has been previously driver license
   70  suspended for refusal to submit to any lawful test of his or her
   71  breath, urine, or blood, he or she commits a misdemeanor of the
   72  first degree, punishable as provided in s. 775.082 or s.
   73  775.083, in addition to any other penalties provided by law. The
   74  refusal to submit to a urine test upon the request of a law
   75  enforcement officer as provided in this section is admissible
   76  into evidence in any criminal proceeding.
   77         (c) A person who accepts the privilege extended by the laws
   78  of this state of operating a vessel within this state is, by
   79  operating such vessel, deemed to have given his or her consent
   80  to submit to an approved blood test for the purpose of
   81  determining the alcoholic content of the blood or a blood test
   82  for the purpose of determining the presence of chemical
   83  substances or controlled substances as provided in this section
   84  if there is reasonable cause to believe the person was operating
   85  a vessel while under the influence of alcoholic beverages or
   86  chemical or controlled substances and the person appears for
   87  treatment at a hospital, clinic, or other medical facility and
   88  the administration of a breath or urine test is impractical or
   89  impossible. As used in this paragraph, the term “other medical
   90  facility” includes an ambulance or other medical emergency
   91  vehicle. The blood test must shall be performed in a reasonable
   92  manner. A person who is incapable of refusal by reason of
   93  unconsciousness or other mental or physical condition is deemed
   94  not to have withdrawn his or her consent to such test. A person
   95  who is capable of refusal shall be told that his or her failure
   96  to submit to such a blood test will result in a civil penalty of
   97  $500. The refusal to submit to a blood test upon the request of
   98  a law enforcement officer is shall be admissible in evidence in
   99  any criminal proceeding.
  100         Section 2. Subsections (1) and (2) of section 327.35215,
  101  Florida Statutes, are amended to read:
  102         327.35215 Penalty for failure to submit to test.—
  103         (1) A person who is lawfully arrested for an alleged
  104  violation of s. 327.35 and who refuses to submit to a blood
  105  test, breath test, or urine test pursuant to s. 327.352 is
  106  subject to a civil penalty of $500.
  107         (2) When a person refuses to submit to a blood test, breath
  108  test, or urine test pursuant to s. 327.352, a law enforcement
  109  officer who is authorized to make arrests for violations of this
  110  chapter shall file with the clerk of the court, on a form
  111  provided by the commission department, a certified statement
  112  that probable cause existed to arrest the person for a violation
  113  of s. 327.35 and that the person refused to submit to a test as
  114  required by s. 327.352. Along with the statement, the officer
  115  shall must also submit a sworn statement on a form provided by
  116  the commission department that the person has been advised of
  117  both the penalties for failure to submit to the blood, breath,
  118  or urine test and the procedure for requesting a hearing.
  119         Section 3. Present paragraph (c) of subsection (1) of
  120  section 327.371, Florida Statutes, is redesignated as paragraph
  121  (d), and a new paragraph (c) is added to that subsection, to
  122  read:
  123         327.371 Human-powered vessels regulated.—
  124         (1) A person may operate a human-powered vessel within the
  125  boundaries of the marked channel of the Florida Intracoastal
  126  Waterway as defined in s. 327.02:
  127         (c) When participating in interscholastic, intercollegiate,
  128  intramural, or club athletic teams or sports affiliated with an
  129  educational institution identified in s. 1000.21, s. 1002.01(2),
  130  s. 1003.01(2), s. 1005.02(4), or s. 1005.03(1)(d).
  131         Section 4. Paragraph (f) is added to subsection (2) of
  132  section 327.4107, Florida Statutes, to read:
  133         327.4107 Vessels at risk of becoming derelict on waters of
  134  this state.—
  135         (2) An officer of the commission or of a law enforcement
  136  agency specified in s. 327.70 may determine that a vessel is at
  137  risk of becoming derelict if any of the following conditions
  138  exist:
  139         (f) The vessel is tied to an unlawful or unpermitted
  140  structure or mooring.
  141         Section 5. Paragraph (b) of subsection (1) of section
  142  327.46, Florida Statutes, is amended to read:
  143         327.46 Boating-restricted areas.—
  144         (1) Boating-restricted areas, including, but not limited
  145  to, restrictions of vessel speeds and vessel traffic, may be
  146  established on the waters of this state for any purpose
  147  necessary to protect the safety of the public if such
  148  restrictions are necessary based on boating accidents,
  149  visibility, hazardous currents or water levels, vessel traffic
  150  congestion, or other navigational hazards or to protect
  151  seagrasses on privately owned submerged lands.
  152         (b) Municipalities and counties may establish the following
  153  boating-restricted areas by ordinance, including,
  154  notwithstanding the prohibition in s. 327.60(2)(c), within the
  155  portion of the Florida Intracoastal Waterway within their
  156  jurisdiction:
  157         1. An ordinance establishing an idle speed, no wake
  158  boating-restricted area, if the area is:
  159         a. Within 500 feet of any boat ramp, hoist, marine railway,
  160  or other launching or landing facility available for use by the
  161  general boating public on waterways more than 300 feet in width
  162  or within 300 feet of any boat ramp, hoist, marine railway, or
  163  other launching or landing facility available for use by the
  164  general boating public on waterways not exceeding 300 feet in
  165  width.
  166         b. Within 500 feet of fuel pumps or dispensers at any
  167  marine fueling facility that sells motor fuel to the general
  168  boating public on waterways more than 300 feet in width or
  169  within 300 feet of the fuel pumps or dispensers at any licensed
  170  terminal facility that sells motor fuel to the general boating
  171  public on waterways not exceeding 300 feet in width.
  172         c. Inside or within 300 feet of any lock structure.
  173         2. An ordinance establishing a slow speed, minimum wake
  174  boating-restricted area if the area is:
  175         a. Within 300 feet of any bridge fender system.
  176         b. Within 300 feet of any bridge span presenting a vertical
  177  clearance of less than 25 feet or a horizontal clearance of less
  178  than 100 feet.
  179         c. On a creek, stream, canal, or similar linear waterway if
  180  the waterway is less than 75 feet in width from shoreline to
  181  shoreline.
  182         d. On a lake or pond of less than 10 acres in total surface
  183  area.
  184         e. Within the boundaries of a permitted public mooring
  185  field and a buffer around the mooring field of up to 100 feet.
  186         3. An ordinance establishing a vessel-exclusion zone if the
  187  area is:
  188         a. Designated as a public bathing beach or swim area,
  189  except that public bathing beach or swim areas may not be
  190  established in whole or in part within the marked channel of the
  191  Florida Intracoastal Waterway or within 100 feet of any portion
  192  of the marked channel.
  193         b. Within 300 feet of a dam, spillway, or flood control
  194  structure.
  195  
  196  Vessel exclusion zones created pursuant to this subparagraph
  197  must be marked with uniform waterway markers permitted by the
  198  commission in accordance with this chapter. Such zones may not
  199  be marked by ropes.
  200         Section 6. Section 376.15, Florida Statutes, is repealed.
  201         Section 7. Subsections (22) and (34) of section 379.101,
  202  Florida Statutes, are amended to read:
  203         379.101 Definitions.—In construing these statutes, where
  204  the context does not clearly indicate otherwise, the word,
  205  phrase, or term:
  206         (22) “Marine fish” means any saltwater species of finfish
  207  of the classes Agnatha, Chondrichthyes, and Osteichthyes, and
  208  marine invertebrates of in the classes Gastropoda and, Bivalvia,
  209  the subphylum and Crustacea, or the phylum Echinodermata;
  210  however, the term but does not include nonliving shells or
  211  echinoderms.
  212         (34) “Saltwater fish” means:
  213         (a) Any saltwater species of finfish of the classes
  214  Agnatha, Chondrichthyes, or Osteichthyes and marine
  215  invertebrates of the classes Gastropoda and, Bivalvia, the
  216  subphylum or Crustacea, or of the phylum Echinodermata; however,
  217  the term but does not include nonliving shells or echinoderms;
  218  and
  219         (b) All classes of pisces, shellfish, sponges, and
  220  crustaceans crustacea native to salt water.
  221         Section 8. Subsection (3) of section 705.101, Florida
  222  Statutes, is amended to read:
  223         705.101 Definitions.—As used in this chapter:
  224         (3) “Abandoned property” means all tangible personal
  225  property that does not have an identifiable owner and that has
  226  been disposed on public property in a wrecked, inoperative, or
  227  partially dismantled condition or has no apparent intrinsic
  228  value to the rightful owner. The term includes derelict vessels
  229  as defined in s. 823.11 and vessels declared a public nuisance
  230  pursuant to s. 327.73(1)(aa).
  231         Section 9. Paragraph (a) of subsection (2) and subsection
  232  (4) of section 705.103, Florida Statutes, are amended to read:
  233         705.103 Procedure for abandoned or lost property.—
  234         (2)(a)1. Whenever a law enforcement officer ascertains
  235  that:
  236         a. An article of lost or abandoned property other than a
  237  derelict vessel or a vessel declared a public nuisance pursuant
  238  to s. 327.73(1)(aa) is present on public property and is of such
  239  nature that it cannot be easily removed, the officer shall cause
  240  a notice to be placed upon such article in substantially the
  241  following form:
  242  
  243  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  244  PROPERTY. This property, to wit: ...(setting forth brief
  245  description)... is unlawfully upon public property known as
  246  ...(setting forth brief description of location)... and must be
  247  removed within 5 days; otherwise, it will be removed and
  248  disposed of pursuant to chapter 705, Florida Statutes. The owner
  249  will be liable for the costs of removal, storage, and
  250  publication of notice. Dated this: ...(setting forth the date of
  251  posting of notice)..., signed: ...(setting forth name, title,
  252  address, and telephone number of law enforcement officer)....
  253  
  254         b. A derelict vessel or a vessel declared a public nuisance
  255  pursuant to s. 327.73(1)(aa) is present on the waters of this
  256  state, the officer shall cause a notice to be placed upon such
  257  vessel in substantially the following form:
  258  
  259  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  260  VESSEL. This vessel, to wit: ...(setting forth brief
  261  description)... has been determined to be ...(derelict or a
  262  public nuisance)... and is unlawfully upon waters of this state
  263  ...(setting forth brief description of location)... and must be
  264  removed within 21 days; otherwise, it will be removed and
  265  disposed of pursuant to chapter 705, Florida Statutes. The owner
  266  and other interested parties have the right to a hearing to
  267  challenge the determination that this vessel is derelict or
  268  otherwise in violation of the law. Please contact ...(contact
  269  information for person who can arrange for a hearing in
  270  accordance with this section).... The owner or the party
  271  determined to be legally responsible for the vessel being upon
  272  the waters of this state in a derelict condition or as a public
  273  nuisance will be liable for the costs of removal, destruction,
  274  and disposal if this vessel is not removed by the owner. Dated
  275  this: ...(setting forth the date of posting of notice)...,
  276  signed: ...(setting forth name, title, address, and telephone
  277  number of law enforcement officer)....
  278  
  279         2. The notices required under subparagraph 1. may not be
  280  less than 8 inches by 10 inches and must shall be sufficiently
  281  weatherproof to withstand normal exposure to the elements. In
  282  addition to posting, the law enforcement officer shall make a
  283  reasonable effort to ascertain the name and address of the
  284  owner. If such is reasonably available to the officer, she or he
  285  shall mail a copy of such notice to the owner on or before the
  286  date of posting. If the property is a motor vehicle as defined
  287  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  288  enforcement agency shall contact the Department of Highway
  289  Safety and Motor Vehicles in order to determine the name and
  290  address of the owner and any person who has filed a lien on the
  291  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  292  328.15(1). On receipt of this information, the law enforcement
  293  agency shall mail a copy of the notice by certified mail, return
  294  receipt requested, to the owner and to the lienholder, if any,
  295  except that a law enforcement officer who has issued a citation
  296  for a violation of s. 376.15 or s. 823.11 to the owner of a
  297  derelict vessel is not required to mail a copy of the notice by
  298  certified mail, return receipt requested, to the owner. For a
  299  derelict vessel or a vessel declared a public nuisance pursuant
  300  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  301  responsible party that he or she has a right to a hearing to
  302  dispute the determination that the vessel is derelict or
  303  otherwise in violation of the law. If a request for a hearing is
  304  made, a state agency shall follow the processes set forth in s.
  305  120.569. Local governmental entities shall follow the processes
  306  set forth in s. 120.569, except that a local judge, magistrate,
  307  or code enforcement officer may be designated to conduct such a
  308  hearing. If, at the end of 5 days after posting the notice in
  309  sub-subparagraph 1.a., or at the end of 21 days after posting
  310  the notice in sub-subparagraph 1.b., and mailing such notice, if
  311  required, the owner or any person interested in the lost or
  312  abandoned article or articles described has not removed the
  313  article or articles from public property or shown reasonable
  314  cause for failure to do so, and, in the case of a derelict
  315  vessel or a vessel declared a public nuisance pursuant to s.
  316  327.73(1)(aa), has not requested a hearing in accordance with
  317  this section, the following shall apply:
  318         a. For abandoned property other than a derelict vessel or a
  319  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  320  the law enforcement agency may retain any or all of the property
  321  for its own use or for use by the state or unit of local
  322  government, trade such property to another unit of local
  323  government or state agency, donate the property to a charitable
  324  organization, sell the property, or notify the appropriate
  325  refuse removal service.
  326         b. For a derelict vessel or a vessel declared a public
  327  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  328  agency or its designee may:
  329         (I) Remove the vessel from the waters of this state and
  330  destroy and dispose of the vessel or authorize another
  331  governmental entity or its designee to do so; or
  332         (II) Authorize the vessel’s use as an artificial reef in
  333  accordance with s. 379.249 if all necessary federal, state, and
  334  local authorizations are received.
  335  
  336  A law enforcement agency or its designee may also take action as
  337  described in this sub-subparagraph if, following a hearing
  338  pursuant to this section, the judge, magistrate, administrative
  339  law judge, or hearing officer has determined the vessel to be
  340  derelict as provided in s. 823.11 or otherwise in violation of
  341  the law in accordance with s. 327.73(1)(aa) and a final order
  342  has been entered or the case is otherwise closed.
  343         (4) The owner of any abandoned or lost property, or in the
  344  case of a derelict vessel or a vessel declared a public nuisance
  345  pursuant to s. 327.73(1)(aa), the owner or other party
  346  determined to be legally responsible for the vessel being upon
  347  the waters of this state in a derelict condition or as a public
  348  nuisance, who, after notice as provided in this section, does
  349  not remove such property within the specified period is shall be
  350  liable to the law enforcement agency, other governmental entity,
  351  or the agency’s or entity’s designee for all costs of removal,
  352  storage, and destruction, and disposal of such property, less
  353  any salvage value obtained by disposal of the property. Upon
  354  final disposition of the property, the law enforcement officer
  355  or representative of the law enforcement agency or other
  356  governmental entity shall notify the owner or in the case of a
  357  derelict vessel or vessel declared a public nuisance pursuant to
  358  s. 327.73(1)(aa), the owner or other party determined to be
  359  legally responsible, if known, of the amount owed. In the case
  360  of an abandoned vessel or motor vehicle, any person who neglects
  361  or refuses to pay such amount is not entitled to be issued a
  362  certificate of registration for such vessel or motor vehicle, or
  363  any other vessel or motor vehicle, until such costs have been
  364  paid. A person who has neglected or refused to pay all costs of
  365  removal, storage, disposal, and destruction of a vessel or motor
  366  vehicle as provided in this section, after having been provided
  367  written notice via certified mail that such costs are owed, and
  368  who applies for and is issued a registration for a vessel or
  369  motor vehicle before such costs have been paid in full commits a
  370  misdemeanor of the first degree, punishable as provided in s.
  371  775.082 or s. 775.083. The law enforcement officer or
  372  representative of the law enforcement agency or other
  373  governmental entity shall supply the Department of Highway
  374  Safety and Motor Vehicles with a list of persons whose vessel
  375  registration privileges and motor vehicle privileges have been
  376  revoked under this subsection. The department or a person acting
  377  as an agent of the department may not issue a certificate of
  378  registration to a person whose vessel and motor vehicle
  379  registration privileges have been revoked, as provided by this
  380  subsection, until such costs have been paid.
  381         Section 10. Effective July 1, 2023, paragraph (a) of
  382  subsection (2) of section 705.103, Florida Statutes, as amended
  383  by chapters 2019-76 and 2021-184, Laws of Florida, is amended to
  384  read:
  385         705.103 Procedure for abandoned or lost property.—
  386         (2)(a)1. Whenever a law enforcement officer ascertains
  387  that:
  388         a. An article of lost or abandoned property other than a
  389  derelict vessel or a vessel declared a public nuisance pursuant
  390  to s. 327.73(1)(aa) is present on public property and is of such
  391  nature that it cannot be easily removed, the officer shall cause
  392  a notice to be placed upon such article in substantially the
  393  following form:
  394  
  395  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  396  PROPERTY. This property, to wit: ...(setting forth brief
  397  description)... is unlawfully upon public property known as
  398  ...(setting forth brief description of location)... and must be
  399  removed within 5 days; otherwise, it will be removed and
  400  disposed of pursuant to chapter 705, Florida Statutes. The owner
  401  will be liable for the costs of removal, storage, and
  402  publication of notice. Dated this: ...(setting forth the date of
  403  posting of notice)..., signed: ...(setting forth name, title,
  404  address, and telephone number of law enforcement officer)....
  405  
  406         b. A derelict vessel or a vessel declared a public nuisance
  407  pursuant to s. 327.73(1)(aa) is present on the waters of this
  408  state, the officer shall cause a notice to be placed upon such
  409  vessel in substantially the following form:
  410  
  411  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  412  VESSEL. This vessel, to wit: ...(setting forth brief description
  413  of location)... has been determined to be ...(derelict or a
  414  public nuisance)... and is unlawfully upon the waters of this
  415  state ...(setting forth brief description of location)... and
  416  must be removed within 21 days; otherwise, it will be removed
  417  and disposed of pursuant to chapter 705, Florida Statutes. The
  418  owner and other interested parties have the right to a hearing
  419  to challenge the determination that this vessel is derelict or
  420  otherwise in violation of the law. Please contact ...(contact
  421  information for person who can arrange for a hearing in
  422  accordance with this section)... The owner or the party
  423  determined to be legally responsible for the vessel being upon
  424  the waters of this state in a derelict condition or as a public
  425  nuisance will be liable for the costs of removal, destruction,
  426  and disposal if this vessel is not removed by the owner. Dated
  427  this: ...(setting forth the date of posting of notice)...,
  428  signed: ...(setting forth name, title, address, and telephone
  429  number of law enforcement officer)....
  430  
  431         2. The notices required under subparagraph 1. may not be
  432  less than 8 inches by 10 inches and must shall be sufficiently
  433  weatherproof to withstand normal exposure to the elements. In
  434  addition to posting, the law enforcement officer shall make a
  435  reasonable effort to ascertain the name and address of the
  436  owner. If such is reasonably available to the officer, she or he
  437  shall mail a copy of such notice to the owner on or before the
  438  date of posting. If the property is a motor vehicle as defined
  439  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  440  enforcement agency shall contact the Department of Highway
  441  Safety and Motor Vehicles in order to determine the name and
  442  address of the owner and any person who has filed a lien on the
  443  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  444  328.15. On receipt of this information, the law enforcement
  445  agency shall mail a copy of the notice by certified mail, return
  446  receipt requested, to the owner and to the lienholder, if any,
  447  except that a law enforcement officer who has issued a citation
  448  for a violation of s. 376.15 or s. 823.11 to the owner of a
  449  derelict vessel is not required to mail a copy of the notice by
  450  certified mail, return receipt requested, to the owner. For a
  451  derelict vessel or a vessel declared a public nuisance pursuant
  452  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  453  responsible party that he or she has a right to a hearing to
  454  dispute the determination that the vessel is derelict or
  455  otherwise in violation of the law. If a request for a hearing is
  456  made, a state agency shall follow the processes as set forth in
  457  s. 120.569. Local governmental entities shall follow the
  458  processes set forth in s. 120.569, except that a local judge,
  459  magistrate, or code enforcement officer may be designated to
  460  conduct such a hearing. If, at the end of 5 days after posting
  461  the notice in sub-subparagraph 1.a., or at the end of 21 days
  462  after posting the notice in sub-subparagraph 1.b., and mailing
  463  such notice, if required, the owner or any person interested in
  464  the lost or abandoned article or articles described has not
  465  removed the article or articles from public property or shown
  466  reasonable cause for failure to do so, and, in the case of a
  467  derelict vessel or a vessel declared a public nuisance pursuant
  468  to s. 327.73(1)(aa), has not requested a hearing in accordance
  469  with this section, the following shall apply:
  470         a. For abandoned property other than a derelict vessel or a
  471  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  472  the law enforcement agency may retain any or all of the property
  473  for its own use or for use by the state or unit of local
  474  government, trade such property to another unit of local
  475  government or state agency, donate the property to a charitable
  476  organization, sell the property, or notify the appropriate
  477  refuse removal service.
  478         b. For a derelict vessel or a vessel declared a public
  479  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  480  agency or its designee may:
  481         (I) Remove the vessel from the waters of this state and
  482  destroy and dispose of the vessel or authorize another
  483  governmental entity or its designee to do so; or
  484         (II) Authorize the vessel’s use as an artificial reef in
  485  accordance with s. 379.249 if all necessary federal, state, and
  486  local authorizations are received.
  487  
  488  A law enforcement agency or its designee may also take action as
  489  described in this sub-subparagraph if, following a hearing
  490  pursuant to this section, the judge, magistrate, administrative
  491  law judge, or hearing officer has determined the vessel to be
  492  derelict as provided in s. 823.11 or otherwise in violation of
  493  the law in accordance with s. 327.73(1)(aa) and a final order
  494  has been entered or the case is otherwise closed.
  495         Section 11. Present subsections (4), (5), and (6) of
  496  section 823.11, Florida Statutes, are redesignated as
  497  subsections (5), (6), and (7), respectively, a new subsection
  498  (4) is added to that section, and subsection (1), paragraph (c)
  499  of subsection (2), subsection (3), and present subsections (5)
  500  and (6) of that section are amended, to read:
  501         823.11 Derelict vessels; relocation or removal; penalty.—
  502         (1) As used in this section and s. 376.15, the term:
  503         (a) “Commission” means the Fish and Wildlife Conservation
  504  Commission.
  505         (b) “Derelict vessel” means a vessel, as defined in s.
  506  327.02, that is:
  507         1. In a wrecked, junked, or substantially dismantled
  508  condition upon any waters of this state.
  509         a. A vessel is wrecked if it is sunken or sinking; aground
  510  without the ability to extricate itself absent mechanical
  511  assistance; or remaining after a marine casualty, including, but
  512  not limited to, a boating accident, extreme weather, or a fire.
  513         b. A vessel is junked if it has been substantially stripped
  514  of vessel components, if vessel components have substantially
  515  degraded or been destroyed, or if the vessel has been discarded
  516  by the owner or operator. Attaching an outboard motor to a
  517  vessel that is otherwise junked will not cause the vessel to no
  518  longer be junked if such motor is not an effective means of
  519  propulsion as required by s. 327.4107(2)(e) and associated
  520  rules.
  521         c. A vessel is substantially dismantled if at least two of
  522  the three following vessel systems or components are missing,
  523  compromised, incomplete, inoperable, or broken:
  524         (I) The steering system;
  525         (II) The propulsion system; or
  526         (III) The exterior hull integrity.
  527  
  528  Attaching an outboard motor to a vessel that is otherwise
  529  substantially dismantled will not cause the vessel to no longer
  530  be substantially dismantled if such motor is not an effective
  531  means of propulsion as required by s. 327.4107(2)(e) and
  532  associated rules.
  533         2. At a port in this state without the consent of the
  534  agency having jurisdiction thereof.
  535         3. Docked, grounded, or beached upon the property of
  536  another without the consent of the owner of the property.
  537         (c) “Gross negligence” means conduct so reckless or wanting
  538  in care that it constitutes a conscious disregard or
  539  indifference to the safety of the property exposed to such
  540  conduct.
  541         (d) “Willful misconduct” means conduct evidencing
  542  carelessness or negligence of such a degree or recurrence as to
  543  manifest culpability, wrongful intent, or evil design or to show
  544  an intentional and substantial disregard of the interests of the
  545  vessel owner.
  546         (2)
  547         (c) The additional time provided in subparagraph (b)2. for
  548  an owner or responsible party to remove a derelict vessel from
  549  the waters of this state or to repair and remedy the vessel’s
  550  derelict condition This subsection does not apply to a vessel
  551  that was derelict upon the waters of this state before the
  552  stated accident or event.
  553         (3) The commission, an officer of the commission, or a law
  554  enforcement agency or officer specified in s. 327.70 may
  555  relocate, remove, and store, destroy, or dispose of or cause to
  556  be relocated, removed, and stored, destroyed, or disposed of a
  557  derelict vessel from waters of this state as defined in s.
  558  327.02 if the derelict vessel obstructs or threatens to obstruct
  559  navigation or in any way constitutes a danger to the
  560  environment, property, or persons. The commission, an officer of
  561  the commission, or any other law enforcement agency or officer
  562  acting pursuant to this subsection to relocate, remove, and
  563  store, destroy, dispose of or cause to be relocated, removed,
  564  and stored, destroyed, or disposed of a derelict vessel from
  565  waters of this state shall be held harmless for all damages to
  566  the derelict vessel resulting from such action unless the damage
  567  results from gross negligence or willful misconduct.
  568         (a) Removal of derelict vessels under this subsection may
  569  be funded by grants provided in ss. 206.606 and 376.15. The
  570  commission shall implement a plan for the procurement of any
  571  available federal disaster funds and use such funds for the
  572  removal of derelict vessels.
  573         (b) All costs, including costs owed to a third party,
  574  incurred by the commission, another law enforcement agency, or a
  575  governmental subdivision, when the governmental subdivision has
  576  received authorization from a law enforcement officer or agency,
  577  in the relocation, removal, storage, destruction, or disposal of
  578  a derelict vessel are recoverable against the vessel owner or
  579  the party determined to be legally responsible for the vessel
  580  being upon the waters of this state in a derelict condition. The
  581  Department of Legal Affairs shall represent the commission in
  582  actions to recover such costs. As provided in s. 705.103(4), a
  583  person who neglects or refuses to pay such costs may not be
  584  issued a certificate of registration for such vessel or for any
  585  other vessel or motor vehicle until such costs have been paid. A
  586  person who has neglected or refused to pay all costs of removal,
  587  storage, destruction, or disposal of a derelict vessel as
  588  provided in this section, after having been provided written
  589  notice via certified mail that such costs are owed, and who
  590  applies for and is issued a registration for a vessel or motor
  591  vehicle before such costs have been paid in full commits a
  592  misdemeanor of the first degree, punishable as provided in s.
  593  775.082 or s. 775.083.
  594         (b)(c) A contractor performing such activities at the
  595  direction of the commission, an officer of the commission, a law
  596  enforcement agency or officer, or a governmental subdivision,
  597  when the governmental subdivision has received authorization for
  598  the relocation or removal from a law enforcement officer or
  599  agency, pursuant to this section must be licensed in accordance
  600  with applicable United States Coast Guard regulations where
  601  required; obtain and carry in full force and effect a policy
  602  from a licensed insurance carrier in this state to insure
  603  against any accident, loss, injury, property damage, or other
  604  casualty caused by or resulting from the contractor’s actions;
  605  and be properly equipped to perform the services to be provided.
  606         (4)(a)Removal of derelict vessels under this subsection
  607  may be funded by grants provided in s. 206.606.
  608         (b)The commission may implement a plan for the procurement
  609  of any available federal disaster funds and use such funds for
  610  the removal of derelict vessels.
  611         (c)The commission may establish a program to provide
  612  grants to local governments for the removal, storage,
  613  destruction, and disposal of derelict vessels from the waters of
  614  this state. This grant funding may also be used for the removal,
  615  storage, destruction, and disposal of vessels declared a public
  616  nuisance pursuant to s. 327.73(1)(aa). The program must be
  617  funded from the Marine Resources Conservation Trust Fund or the
  618  Florida Coastal Protection Trust Fund. Notwithstanding s.
  619  216.181(11), funds available for these grants may only be
  620  authorized by appropriations acts of the Legislature. In a given
  621  fiscal year, if all funds appropriated pursuant to this
  622  paragraph are not requested by and granted to local governments
  623  for the removal, storage, destruction, and disposal of derelict
  624  vessels or vessels declared a public nuisance pursuant to s.
  625  327.73(1)(aa) by the end of the third quarter, the Fish and
  626  Wildlife Conservation Commission may use the remainder of the
  627  funds to remove, store, destroy, and dispose of, or to pay
  628  private contractors to remove, store, destroy, and dispose of,
  629  derelict vessels or vessels declared a public nuisance pursuant
  630  to s. 327.73(1)(aa). The commission shall adopt by rule
  631  procedures for local governments to submit a grant application
  632  and criteria for allocating available funds. Such criteria must
  633  include, at a minimum, the following:
  634         1.The number of derelict vessels within the jurisdiction
  635  of the applicant.
  636         2.The threat posed by such vessels to public health or
  637  safety, the environment, navigation, or the aesthetic condition
  638  of the general vicinity.
  639         3.The degree of commitment of the local government to
  640  maintain waters free of abandoned and derelict vessels and to
  641  seek legal action against those who abandon vessels in the
  642  waters of this state as defined in s. 327.02.
  643         (6)(5) A person, firm, or corporation violating this
  644  section commits a misdemeanor of the first degree and shall be
  645  punished as provided by law. A conviction under this section
  646  does not bar the assessment and collection of a the civil
  647  penalty provided in s. 376.16 for violation of s. 376.15. The
  648  court having jurisdiction over the criminal offense,
  649  notwithstanding any jurisdictional limitations on the amount in
  650  controversy, may order the imposition of such civil penalty in
  651  addition to any sentence imposed for the first criminal offense.
  652         (7)(6) If an owner or a responsible party of a vessel
  653  determined to be derelict through an administrative or criminal
  654  proceeding has been charged by an officer of the commission or
  655  any law enforcement agency or officer as specified in s. 327.70
  656  under subsection (5) for a violation of subsection (2) or a
  657  violation of s. 376.15(2), a person may not reside or dwell on
  658  such vessel until the vessel is removed from the waters of the
  659  state permanently or returned to the waters of the state in a
  660  condition that is no longer derelict.
  661         Section 12. Paragraph (p) of subsection (4) of section
  662  934.50, Florida Statutes, is amended to read:
  663         934.50 Searches and seizure using a drone.—
  664         (4) EXCEPTIONS.—This section does not prohibit the use of a
  665  drone:
  666         (p) By an a non-law enforcement employee of the Fish and
  667  Wildlife Conservation Commission or of the Florida Forest
  668  Service for the purposes of managing and eradicating invasive
  669  exotic plants or animals on public lands and suppressing and
  670  mitigating wildfire threats.
  671         Section 13. Section 327.04, Florida Statutes, is amended to
  672  read:
  673         327.04 Rules.—The commission may adopt rules pursuant to
  674  ss. 120.536(1) and 120.54 to implement this chapter, the
  675  provisions of chapter 705 relating to vessels, and s. ss. 376.15
  676  and 823.11 conferring powers or duties upon it.
  677         Section 14. Subsection (4) of section 328.09, Florida
  678  Statutes, is amended to read:
  679         328.09 Refusal to issue and authority to cancel a
  680  certificate of title or registration.—
  681         (4) The department may not issue a certificate of title to
  682  an applicant for a vessel that has been deemed derelict or a
  683  public nuisance by a law enforcement officer under s.
  684  327.73(1)(aa) or s. 376.15 or s. 823.11. A law enforcement
  685  officer must inform the department in writing, which may be
  686  provided by facsimile, e-mail electronic mail, or other
  687  electronic means, of the vessel’s derelict or public nuisance
  688  status and supply the department with the vessel title number or
  689  vessel identification number. The department may issue a
  690  certificate of title once a law enforcement officer has verified
  691  in writing, which may be provided by facsimile, e-mail
  692  electronic mail, or other electronic means, that the vessel is
  693  no longer a derelict or public nuisance vessel.
  694         Section 15. Section 25 of chapter 2021-184, Laws of
  695  Florida, is repealed.
  696         Section 16. Paragraph (c) of subsection (15) of section
  697  328.72, Florida Statutes, is amended to read:
  698         328.72 Classification; registration; fees and charges;
  699  surcharge; disposition of fees; fines; marine turtle stickers.—
  700         (15) DISTRIBUTION OF FEES.—Except as provided in this
  701  subsection, moneys designated for the use of the counties, as
  702  specified in subsection (1), shall be distributed by the tax
  703  collector to the board of county commissioners for use only as
  704  provided in this section. Such moneys to be returned to the
  705  counties are for the sole purposes of providing, maintaining, or
  706  operating recreational channel marking and other uniform
  707  waterway markers, public boat ramps, lifts, and hoists, marine
  708  railways, boat piers, docks, mooring buoys, and other public
  709  launching facilities; and removing derelict vessels, debris that
  710  specifically impedes boat access, not including the dredging of
  711  channels, and vessels and floating structures deemed a hazard to
  712  public safety and health for failure to comply with s. 327.53.
  713  Counties shall demonstrate through an annual detailed accounting
  714  report of vessel registration revenues that the registration
  715  fees were spent as provided in this subsection. This report
  716  shall be provided to the Fish and Wildlife Conservation
  717  Commission no later than November 1 of each year. If, before
  718  January 1 of each calendar year, the accounting report meeting
  719  the prescribed criteria has still not been provided to the
  720  commission, the tax collector of that county may not distribute
  721  the moneys designated for the use of counties, as specified in
  722  subsection (1), to the board of county commissioners but shall,
  723  for the next calendar year, remit such moneys to the state for
  724  deposit into the Marine Resources Conservation Trust Fund. The
  725  commission shall return those moneys to the county if the county
  726  fully complies with this section within that calendar year. If
  727  the county does not fully comply with this section within that
  728  calendar year, the moneys shall remain within the Marine
  729  Resources Trust Fund and may be appropriated for the purposes
  730  specified in this subsection.
  731         (c) From the vessel registration fees designated for use by
  732  the counties in subsection (1), the following amounts shall be
  733  remitted to the state for deposit into the Marine Resources
  734  Conservation Trust Fund to fund derelict vessel removal grants,
  735  as appropriated by the Legislature pursuant to s. 823.11(4)(c)
  736  s. 376.15:
  737         1. Class A-2: $0.25 for each 12-month period registered.
  738         2. Class 1: $2.06 for each 12-month period registered.
  739         3. Class 2: $9.26 for each 12-month period registered.
  740         4. Class 3: $16.45 for each 12-month period registered.
  741         5. Class 4: $20.06 for each 12-month period registered.
  742         6. Class 5: $25.46 for each 12-month period registered.
  743         Section 17. Paragraph (h) of subsection (6) of section
  744  376.11, Florida Statutes, is amended to read:
  745         376.11 Florida Coastal Protection Trust Fund.—
  746         (6) Moneys in the Florida Coastal Protection Trust Fund may
  747  be used for the following purposes:
  748         (h) The funding of a grant program to local governments,
  749  pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the
  750  removal of derelict and public nuisance vessels from the public
  751  waters of the state.
  752         Section 18. For the purpose of incorporating the amendment
  753  made by this act to section 327.371, Florida Statutes, in a
  754  reference thereto, paragraph (dd) of subsection (1) of section
  755  327.73, Florida Statutes, is reenacted to read:
  756         327.73 Noncriminal infractions.—
  757         (1) Violations of the following provisions of the vessel
  758  laws of this state are noncriminal infractions:
  759         (dd) Section 327.371, relating to the regulation of human
  760  powered vessels.
  761  
  762  Any person cited for a violation of any provision of this
  763  subsection shall be deemed to be charged with a noncriminal
  764  infraction, shall be cited for such an infraction, and shall be
  765  cited to appear before the county court. The civil penalty for
  766  any such infraction is $50, except as otherwise provided in this
  767  section. Any person who fails to appear or otherwise properly
  768  respond to a uniform boating citation shall, in addition to the
  769  charge relating to the violation of the boating laws of this
  770  state, be charged with the offense of failing to respond to such
  771  citation and, upon conviction, be guilty of a misdemeanor of the
  772  second degree, punishable as provided in s. 775.082 or s.
  773  775.083. A written warning to this effect shall be provided at
  774  the time such uniform boating citation is issued.
  775         Section 19. For the purpose of incorporating the amendment
  776  made by this act to section 379.101, Florida Statutes, in a
  777  reference thereto, subsection (4) of section 125.01, Florida
  778  Statutes, is reenacted to read:
  779         125.01 Powers and duties.—
  780         (4) The legislative and governing body of a county shall
  781  not have the power to regulate the taking or possession of
  782  saltwater fish, as defined in s. 379.101, with respect to the
  783  method of taking, size, number, season, or species. However,
  784  this subsection does not prohibit a county from prohibiting, for
  785  reasons of protecting the public health, safety, or welfare,
  786  saltwater fishing from real property owned by that county, nor
  787  does it prohibit the imposition of excise taxes by county
  788  ordinance.
  789         Section 20. For the purpose of incorporating the amendment
  790  made by this act to section 379.101, Florida Statutes, in a
  791  reference thereto, section 379.2412, Florida Statutes, is
  792  reenacted to read:
  793         379.2412 State preemption of power to regulate.—The power
  794  to regulate the taking or possession of saltwater fish, as
  795  defined in s. 379.101, is expressly reserved to the state. This
  796  section does not prohibit a local government from prohibiting,
  797  for reasons of protecting the public health, safety, or welfare,
  798  saltwater fishing from real property owned by that local
  799  government.
  800         Section 21. Except as otherwise expressly provided in this
  801  act, this act shall take effect July 1, 2022.
  802  
  803  ================= T I T L E  A M E N D M E N T ================
  804  And the title is amended as follows:
  805         Delete everything before the enacting clause
  806  and insert:
  807                        A bill to be entitled                      
  808         An act relating to the Fish and Wildlife Conservation
  809         Commission; amending ss. 327.352 and 327.35215, F.S.;
  810         revising the notices a person must be given and
  811         revising the fines a person is subject to for failure
  812         to submit to certain tests for alcohol, chemical
  813         substances, or controlled substances; making technical
  814         changes; amending s. 327.371, F.S.; authorizing
  815         certain athletic teams or sports affiliated with
  816         specified educational institutions to operate a human
  817         powered vessel within the marked channel of the
  818         Florida Intracoastal Waterway; amending s. 327.4107,
  819         F.S.; revising the vessel conditions that an officer
  820         of the Fish and Wildlife Conservation Commission or a
  821         law enforcement agency may use to determine that a
  822         vessel is at risk of becoming derelict; amending s.
  823         327.46, F.S.; prohibiting municipalities and counties
  824         from designating public bathing beach areas or swim
  825         areas within their jurisdictions which are within the
  826         marked channel portion of the Florida Intracoastal
  827         Waterway or within a specified distance from any
  828         portion of the marked channel; repealing s. 376.15,
  829         F.S., relating to derelict vessels and the relocation
  830         and removal of such vessels from the waters of this
  831         state; amending s. 379.101, F.S.; revising the
  832         definitions of the terms “marine fish” and “saltwater
  833         fish”; amending s. 705.101, F.S.; revising the
  834         definition of the term “abandoned property” to include
  835         vessels declared to be a public nuisance; amending s.
  836         705.103, F.S.; clarifying the notice requirements and
  837         procedures for vessels declared to be public
  838         nuisances; amending s. 823.11, F.S.; making technical
  839         changes; authorizing the commission to establish a
  840         program to provide grants to local governments for
  841         certain actions regarding derelict vessels and those
  842         declared to be a public nuisance; specifying sources
  843         for the funds to be used, subject to an appropriation;
  844         authorizing the commission to use funds not awarded as
  845         grants for certain purposes; requiring the commission
  846         to adopt rules for the grant applications and the
  847         criteria for allocating the funds; amending s. 934.50,
  848         F.S.; providing that all employees of the commission
  849         or the Florida Forest Service may operate drones for
  850         specified purposes; amending ss. 327.04, 328.09,
  851         328.72, and 376.11, F.S.; conforming provisions to
  852         changes made by the act; repealing s. 25, chapter
  853         2021-184, Laws of Florida, relating to derelict
  854         vessels; reenacting s. 327.73(1)(dd), F.S., relating
  855         to noncriminal boating infractions, to incorporate the
  856         amendment made to s. 327.371, F.S., in a reference
  857         thereto; reenacting ss. 125.01(4) and 379.2412, F.S.,
  858         relating to powers and duties of legislative and
  859         governing bodies of counties and state preemption of
  860         the regulating of taking or possessing saltwater fish,
  861         respectively, to incorporate the amendment made to s.
  862         379.101(34), F.S., in a reference thereto; providing
  863         effective dates.