Florida Senate - 2022                                     SB 494
       
       
        
       By Senator Hutson
       
       
       
       
       
       7-00557-22                                             2022494__
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending s. 327.4107, F.S.; revising the
    4         vessel conditions that an officer of the Fish and
    5         Wildlife Conservation Commission or a law enforcement
    6         agency may use to determine that a vessel is at risk
    7         of becoming derelict; amending s. 327.45, F.S.;
    8         requiring specified evidence before the commission may
    9         establish certain vessel restriction rules for
   10         protection zones for springs; amending s. 327.46,
   11         F.S.; prohibiting municipalities and counties from
   12         designating public bathing beach areas or swim areas
   13         within their jurisdictions which are within the marked
   14         channel portion of the Florida Intracoastal Waterway
   15         or within a specified distance from any portion of the
   16         marked channel; repealing s. 376.15, F.S., relating to
   17         derelict vessels and the relocation and removal of
   18         such vessels from the waters of this state; amending
   19         s. 379.101, F.S.; revising the definitions of the
   20         terms “marine fish” and “saltwater fish”; amending s.
   21         705.101, F.S.; revising the definition of the term
   22         “abandoned property” to include vessels declared to be
   23         a public nuisance; amending s. 705.103, F.S.;
   24         clarifying the notice requirements and procedures for
   25         vessels declared to be public nuisances; amending s.
   26         823.11, F.S.; making technical changes; authorizing
   27         the commission to establish a program to provide
   28         grants to local governments for certain actions
   29         regarding derelict vessels and those declared to be a
   30         public nuisance; specifying sources for the funds to
   31         be used, subject to an appropriation; authorizing the
   32         commission to use funds not awarded as grants for
   33         certain purposes; requiring the commission to adopt
   34         rules for the grant applications and the criteria for
   35         allocating the funds; amending s. 934.50, F.S.;
   36         providing that all employees of the commission or the
   37         Florida Forest Service may operate drones for
   38         specified purposes; amending ss. 327.04, 328.09,
   39         328.72, and 376.11, F.S.; conforming provisions to
   40         changes made by the act; repealing s. 25, chapter
   41         2021-184, Laws of Florida, relating to derelict
   42         vessels; reenacting ss. 125.01(4) and 379.2412, F.S.,
   43         relating to powers and duties of legislative and
   44         governing bodies of counties and state preemption of
   45         the regulating of taking or possessing saltwater fish,
   46         respectively, to incorporate the amendment made to s.
   47         379.101(34), F.S., in a reference thereto; providing
   48         effective dates.
   49          
   50  Be It Enacted by the Legislature of the State of Florida:
   51  
   52         Section 1. Paragraph (f) is added to subsection (2) of
   53  section 327.4107, Florida Statutes, to read:
   54         327.4107 Vessels at risk of becoming derelict on waters of
   55  this state.—
   56         (2) An officer of the commission or of a law enforcement
   57  agency specified in s. 327.70 may determine that a vessel is at
   58  risk of becoming derelict if any of the following conditions
   59  exist:
   60         (f) The vessel is tied to an unlawful or unpermitted
   61  mooring or other structure.
   62         Section 2. Subsection (2) of section 327.45, Florida
   63  Statutes, is amended to read:
   64         327.45 Protection zones for springs.—
   65         (2) When substantial, competent evidence shows that
   66  demonstrable harm has been caused by vessel activity, the
   67  commission may establish by rule protection zones that restrict
   68  the speed and operation of vessels, or that prohibit the
   69  anchoring, mooring, beaching, or grounding of vessels, to
   70  protect and prevent harm to first, second, and third magnitude
   71  springs and springs groups, including their associated spring
   72  runs, as determined by the commission using the most recent
   73  Florida Geological Survey springs bulletin. This harm includes
   74  negative impacts to water quality, water quantity, hydrology,
   75  wetlands, and aquatic and wetland-dependent species.
   76         Section 3. Paragraph (b) of subsection (1) of section
   77  327.46, Florida Statutes, is amended to read:
   78         327.46 Boating-restricted areas.—
   79         (1) Boating-restricted areas, including, but not limited
   80  to, restrictions of vessel speeds and vessel traffic, may be
   81  established on the waters of this state for any purpose
   82  necessary to protect the safety of the public if such
   83  restrictions are necessary based on boating accidents,
   84  visibility, hazardous currents or water levels, vessel traffic
   85  congestion, or other navigational hazards or to protect
   86  seagrasses on privately owned submerged lands.
   87         (b) Municipalities and counties may establish the following
   88  boating-restricted areas by ordinance, including,
   89  notwithstanding the prohibition in s. 327.60(2)(c), within the
   90  portion of the Florida Intracoastal Waterway within their
   91  jurisdiction:
   92         1. An ordinance establishing an idle speed, no wake
   93  boating-restricted area, if the area is:
   94         a. Within 500 feet of any boat ramp, hoist, marine railway,
   95  or other launching or landing facility available for use by the
   96  general boating public on waterways more than 300 feet in width
   97  or within 300 feet of any boat ramp, hoist, marine railway, or
   98  other launching or landing facility available for use by the
   99  general boating public on waterways not exceeding 300 feet in
  100  width.
  101         b. Within 500 feet of fuel pumps or dispensers at any
  102  marine fueling facility that sells motor fuel to the general
  103  boating public on waterways more than 300 feet in width or
  104  within 300 feet of the fuel pumps or dispensers at any licensed
  105  terminal facility that sells motor fuel to the general boating
  106  public on waterways not exceeding 300 feet in width.
  107         c. Inside or within 300 feet of any lock structure.
  108         2. An ordinance establishing a slow speed, minimum wake
  109  boating-restricted area if the area is:
  110         a. Within 300 feet of any bridge fender system.
  111         b. Within 300 feet of any bridge span presenting a vertical
  112  clearance of less than 25 feet or a horizontal clearance of less
  113  than 100 feet.
  114         c. On a creek, stream, canal, or similar linear waterway if
  115  the waterway is less than 75 feet in width from shoreline to
  116  shoreline.
  117         d. On a lake or pond of less than 10 acres in total surface
  118  area.
  119         e. Within the boundaries of a permitted public mooring
  120  field and a buffer around the mooring field of up to 100 feet.
  121         3. An ordinance establishing a vessel-exclusion zone if the
  122  area is:
  123         a. Designated as a public bathing beach or swim area,
  124  except that public bathing beaches or swim areas may not be
  125  established in whole or in part within the marked channel of the
  126  Florida Intracoastal Waterway or within 100 feet of any portion
  127  of the marked channel.
  128         b. Within 300 feet of a dam, spillway, or flood control
  129  structure.
  130  
  131  Vessel exclusion zones created pursuant to this subparagraph
  132  must be marked with uniform waterway markers permitted by the
  133  commission in accordance with this chapter. Such zones may not
  134  be marked by ropes.
  135         Section 4. Section 376.15, Florida Statutes, is repealed.
  136         Section 5. Subsections (22) and (34) of section 379.101,
  137  Florida Statutes, are amended to read:
  138         379.101 Definitions.—In construing these statutes, where
  139  the context does not clearly indicate otherwise, the word,
  140  phrase, or term:
  141         (22) “Marine fish” means any saltwater species of finfish
  142  of the classes Agnatha, Chondrichthyes, and Osteichthyes, and
  143  marine invertebrates of in the classes Gastropoda and, Bivalvia,
  144  the subphylum and Crustacea, or the phylum Echinodermata;
  145  however, the term but does not include nonliving shells or
  146  echinoderms.
  147         (34) “Saltwater fish” means:
  148         (a) Any saltwater species of finfish of the classes
  149  Agnatha, Chondrichthyes, or Osteichthyes and marine
  150  invertebrates of the classes Gastropoda and, Bivalvia, the
  151  subphylum or Crustacea, or of the phylum Echinodermata; however,
  152  the term but does not include nonliving shells or echinoderms;
  153  and
  154         (b) All classes of pisces, shellfish, sponges, and
  155  crustaceans crustacea native to salt water.
  156         Section 6. Subsection (3) of section 705.101, Florida
  157  Statutes, is amended to read:
  158         705.101 Definitions.—As used in this chapter:
  159         (3) “Abandoned property” means all tangible personal
  160  property that does not have an identifiable owner and that has
  161  been disposed on public property in a wrecked, inoperative, or
  162  partially dismantled condition or has no apparent intrinsic
  163  value to the rightful owner. The term includes derelict vessels
  164  as defined in s. 823.11 and vessels declared a public nuisance
  165  pursuant to s. 327.73(1)(aa).
  166         Section 7. Paragraph (a) of subsection (2) and subsection
  167  (4) of section 705.103, Florida Statutes, are amended to read:
  168         705.103 Procedure for abandoned or lost property.—
  169         (2)(a)1. Whenever a law enforcement officer ascertains
  170  that:
  171         a. An article of lost or abandoned property other than a
  172  derelict vessel or a vessel declared a public nuisance pursuant
  173  to s. 327.73(1)(aa) is present on public property and is of such
  174  nature that it cannot be easily removed, the officer shall cause
  175  a notice to be placed upon such article in substantially the
  176  following form:
  177  
  178  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  179  PROPERTY. This property, to wit: ...(setting forth brief
  180  description)... is unlawfully upon public property known as
  181  ...(setting forth brief description of location)... and must be
  182  removed within 5 days; otherwise, it will be removed and
  183  disposed of pursuant to chapter 705, Florida Statutes. The owner
  184  will be liable for the costs of removal, storage, and
  185  publication of notice. Dated this: ...(setting forth the date of
  186  posting of notice)..., signed: ...(setting forth name, title,
  187  address, and telephone number of law enforcement officer)....
  188  
  189         b. A derelict vessel or a vessel declared a public nuisance
  190  pursuant to s. 327.73(1)(aa) is present on the waters of this
  191  state, the officer shall cause a notice to be placed upon such
  192  vessel in substantially the following form:
  193  
  194  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  195  VESSEL. This vessel, to wit: ...(setting forth brief
  196  description)... has been determined to be ...(derelict or a
  197  public nuisance)... and is unlawfully upon waters of this state
  198  ...(setting forth brief description of location)... and must be
  199  removed within 21 days; otherwise, it will be removed and
  200  disposed of pursuant to chapter 705, Florida Statutes. The owner
  201  and other interested parties have the right to a hearing to
  202  challenge the determination that this vessel is derelict or
  203  otherwise in violation of the law. Please contact ...(contact
  204  information for person who can arrange for a hearing in
  205  accordance with this section).... The owner or the party
  206  determined to be legally responsible for the vessel being upon
  207  the waters of this state in a derelict condition or as a public
  208  nuisance will be liable for the costs of removal, destruction,
  209  and disposal if this vessel is not removed by the owner. Dated
  210  this: ...(setting forth the date of posting of notice)...,
  211  signed: ...(setting forth name, title, address, and telephone
  212  number of law enforcement officer)....
  213  
  214         2. The notices required under subparagraph 1. may not be
  215  less than 8 inches by 10 inches and must shall be sufficiently
  216  weatherproof to withstand normal exposure to the elements. In
  217  addition to posting, the law enforcement officer shall make a
  218  reasonable effort to ascertain the name and address of the
  219  owner. If such is reasonably available to the officer, she or he
  220  shall mail a copy of such notice to the owner on or before the
  221  date of posting. If the property is a motor vehicle as defined
  222  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  223  enforcement agency shall contact the Department of Highway
  224  Safety and Motor Vehicles in order to determine the name and
  225  address of the owner and any person who has filed a lien on the
  226  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  227  328.15(1). On receipt of this information, the law enforcement
  228  agency shall mail a copy of the notice by certified mail, return
  229  receipt requested, to the owner and to the lienholder, if any,
  230  except that a law enforcement officer who has issued a citation
  231  for a violation of s. 376.15 or s. 823.11 to the owner of a
  232  derelict vessel is not required to mail a copy of the notice by
  233  certified mail, return receipt requested, to the owner. For a
  234  derelict vessel or a vessel declared a public nuisance pursuant
  235  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  236  responsible party that he or she has a right to a hearing to
  237  dispute the determination that the vessel is derelict or
  238  otherwise in violation of the law. If a request for a hearing is
  239  made, a state agency shall follow the processes set forth in s.
  240  120.569. Local governmental entities shall follow the processes
  241  set forth in s. 120.569, except that a local judge, magistrate,
  242  or code enforcement officer may be designated to conduct such a
  243  hearing. If, at the end of 5 days after posting the notice in
  244  sub-subparagraph 1.a., or at the end of 21 days after posting
  245  the notice in sub-subparagraph 1.b., and mailing such notice, if
  246  required, the owner or any person interested in the lost or
  247  abandoned article or articles described has not removed the
  248  article or articles from public property or shown reasonable
  249  cause for failure to do so, and, in the case of a derelict
  250  vessel or a vessel declared a public nuisance pursuant to s.
  251  327.73(1)(aa), has not requested a hearing in accordance with
  252  this section, the following shall apply:
  253         a. For abandoned property other than a derelict vessel or a
  254  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  255  the law enforcement agency may retain any or all of the property
  256  for its own use or for use by the state or unit of local
  257  government, trade such property to another unit of local
  258  government or state agency, donate the property to a charitable
  259  organization, sell the property, or notify the appropriate
  260  refuse removal service.
  261         b. For a derelict vessel or a vessel declared a public
  262  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  263  agency or its designee may:
  264         (I) Remove the vessel from the waters of this state and
  265  destroy and dispose of the vessel or authorize another
  266  governmental entity or its designee to do so; or
  267         (II) Authorize the vessel’s use as an artificial reef in
  268  accordance with s. 379.249 if all necessary federal, state, and
  269  local authorizations are received.
  270  
  271  A law enforcement agency or its designee may also take action as
  272  described in this sub-subparagraph if, following a hearing
  273  pursuant to this section, the judge, magistrate, administrative
  274  law judge, or hearing officer has determined the vessel to be
  275  derelict as provided in s. 823.11 or otherwise in violation of
  276  the law in accordance with s. 327.73(1)(aa) and a final order
  277  has been entered or the case is otherwise closed.
  278         (4) The owner of any abandoned or lost property, or in the
  279  case of a derelict vessel or a vessel declared a public nuisance
  280  pursuant to s. 327.73(1)(aa), the owner or other party
  281  determined to be legally responsible for the vessel being upon
  282  the waters of this state in a derelict condition or as a public
  283  nuisance, who, after notice as provided in this section, does
  284  not remove such property within the specified period is shall be
  285  liable to the law enforcement agency, other governmental entity,
  286  or the agency’s or entity’s designee for all costs of removal,
  287  storage, and destruction, and disposal of such property, less
  288  any salvage value obtained by disposal of the property. Upon
  289  final disposition of the property, the law enforcement officer
  290  or representative of the law enforcement agency or other
  291  governmental entity shall notify the owner or in the case of a
  292  derelict vessel or vessel declared a public nuisance pursuant to
  293  s. 327.73(1)(aa), the owner or other party determined to be
  294  legally responsible, if known, of the amount owed. In the case
  295  of an abandoned vessel or motor vehicle, any person who neglects
  296  or refuses to pay such amount is not entitled to be issued a
  297  certificate of registration for such vessel or motor vehicle, or
  298  any other vessel or motor vehicle, until such costs have been
  299  paid. A person who has neglected or refused to pay all costs of
  300  removal, storage, disposal, and destruction of a vessel or motor
  301  vehicle as provided in this section, after having been provided
  302  written notice via certified mail that such costs are owed, and
  303  who applies for and is issued a registration for a vessel or
  304  motor vehicle before such costs have been paid in full commits a
  305  misdemeanor of the first degree, punishable as provided in s.
  306  775.082 or s. 775.083. The law enforcement officer or
  307  representative of the law enforcement agency or other
  308  governmental entity shall supply the Department of Highway
  309  Safety and Motor Vehicles with a list of persons whose vessel
  310  registration privileges and motor vehicle privileges have been
  311  revoked under this subsection. The department or a person acting
  312  as an agent of the department may not issue a certificate of
  313  registration to a person whose vessel and motor vehicle
  314  registration privileges have been revoked, as provided by this
  315  subsection, until such costs have been paid.
  316         Section 8. Effective July 1, 2023, paragraph (a) of
  317  subsection (2) of section 705.103, Florida Statutes, as amended
  318  by chapters 2019-76 and 2021-184, Laws of Florida, is amended to
  319  read:
  320         705.103 Procedure for abandoned or lost property.—
  321         (2)(a)1. Whenever a law enforcement officer ascertains
  322  that:
  323         a. An article of lost or abandoned property other than a
  324  derelict vessel or a vessel declared a public nuisance pursuant
  325  to s. 327.73(1)(aa) is present on public property and is of such
  326  nature that it cannot be easily removed, the officer shall cause
  327  a notice to be placed upon such article in substantially the
  328  following form:
  329  
  330  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  331  PROPERTY. This property, to wit: ...(setting forth brief
  332  description)... is unlawfully upon public property known as
  333  ...(setting forth brief description of location)... and must be
  334  removed within 5 days; otherwise, it will be removed and
  335  disposed of pursuant to chapter 705, Florida Statutes. The owner
  336  will be liable for the costs of removal, storage, and
  337  publication of notice. Dated this: ...(setting forth the date of
  338  posting of notice)..., signed: ...(setting forth name, title,
  339  address, and telephone number of law enforcement officer)....
  340  
  341         b. A derelict vessel or a vessel declared a public nuisance
  342  pursuant to s. 327.73(1)(aa) is present on the waters of this
  343  state, the officer shall cause a notice to be placed upon such
  344  vessel in substantially the following form:
  345  
  346  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  347  VESSEL. This vessel, to wit: ...(setting forth brief description
  348  of location)... has been determined to be ...(derelict or a
  349  public nuisance)... and is unlawfully upon the waters of this
  350  state ...(setting forth brief description of location)... and
  351  must be removed within 21 days; otherwise, it will be removed
  352  and disposed of pursuant to chapter 705, Florida Statutes. The
  353  owner and other interested parties have the right to a hearing
  354  to challenge the determination that this vessel is derelict or
  355  otherwise in violation of the law. Please contact ...(contact
  356  information for person who can arrange for a hearing in
  357  accordance with this section)... The owner or the party
  358  determined to be legally responsible for the vessel being upon
  359  the waters of this state in a derelict condition or as a public
  360  nuisance will be liable for the costs of removal, destruction,
  361  and disposal if this vessel is not removed by the owner. Dated
  362  this: ...(setting forth the date of posting of notice)...,
  363  signed: ...(setting forth name, title, address, and telephone
  364  number of law enforcement officer)....
  365  
  366         2. The notices required under subparagraph 1. may not be
  367  less than 8 inches by 10 inches and must shall be sufficiently
  368  weatherproof to withstand normal exposure to the elements. In
  369  addition to posting, the law enforcement officer shall make a
  370  reasonable effort to ascertain the name and address of the
  371  owner. If such is reasonably available to the officer, she or he
  372  shall mail a copy of such notice to the owner on or before the
  373  date of posting. If the property is a motor vehicle as defined
  374  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  375  enforcement agency shall contact the Department of Highway
  376  Safety and Motor Vehicles in order to determine the name and
  377  address of the owner and any person who has filed a lien on the
  378  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  379  328.15. On receipt of this information, the law enforcement
  380  agency shall mail a copy of the notice by certified mail, return
  381  receipt requested, to the owner and to the lienholder, if any,
  382  except that a law enforcement officer who has issued a citation
  383  for a violation of s. 376.15 or s. 823.11 to the owner of a
  384  derelict vessel is not required to mail a copy of the notice by
  385  certified mail, return receipt requested, to the owner. For a
  386  derelict vessel or a vessel declared a public nuisance pursuant
  387  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  388  responsible party that he or she has a right to a hearing to
  389  dispute the determination that the vessel is derelict or
  390  otherwise in violation of the law. If a request for a hearing is
  391  made, a state agency shall follow the processes as set forth in
  392  s. 120.569. Local governmental entities shall follow the
  393  processes set forth in s. 120.569, except that a local judge,
  394  magistrate, or code enforcement officer may be designated to
  395  conduct such a hearing. If, at the end of 5 days after posting
  396  the notice in sub-subparagraph 1.a., or at the end of 21 days
  397  after posting the notice in sub-subparagraph 1.b., and mailing
  398  such notice, if required, the owner or any person interested in
  399  the lost or abandoned article or articles described has not
  400  removed the article or articles from public property or shown
  401  reasonable cause for failure to do so, and, in the case of a
  402  derelict vessel or a vessel declared a public nuisance pursuant
  403  to s. 327.73(1)(aa), has not requested a hearing in accordance
  404  with this section, the following shall apply:
  405         a. For abandoned property other than a derelict vessel or a
  406  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  407  the law enforcement agency may retain any or all of the property
  408  for its own use or for use by the state or unit of local
  409  government, trade such property to another unit of local
  410  government or state agency, donate the property to a charitable
  411  organization, sell the property, or notify the appropriate
  412  refuse removal service.
  413         b. For a derelict vessel or a vessel declared a public
  414  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  415  agency or its designee may:
  416         (I) Remove the vessel from the waters of this state and
  417  destroy and dispose of the vessel or authorize another
  418  governmental entity or its designee to do so; or
  419         (II) Authorize the vessel’s use as an artificial reef in
  420  accordance with s. 379.249 if all necessary federal, state, and
  421  local authorizations are received.
  422  
  423  A law enforcement agency or its designee may also take action as
  424  described in this sub-subparagraph if, following a hearing
  425  pursuant to this section, the judge, magistrate, administrative
  426  law judge, or hearing officer has determined the vessel to be
  427  derelict as provided in s. 823.11 or otherwise in violation of
  428  the law in accordance with s. 327.73(1)(aa) and a final order
  429  has been entered or the case is otherwise closed.
  430         Section 9. Present subsections (4), (5), and (6) of section
  431  823.11, Florida Statutes, are redesignated as subsections (5),
  432  (6), and (7), respectively, a new subsection (4) is added to
  433  that section, and subsection (1), paragraph (c) of subsection
  434  (2), subsection (3), and present subsections (5) and (6) of that
  435  section are amended, to read:
  436         823.11 Derelict vessels; relocation or removal; penalty.—
  437         (1) As used in this section and s. 376.15, the term:
  438         (a) “Commission” means the Fish and Wildlife Conservation
  439  Commission.
  440         (b) “Derelict vessel” means a vessel, as defined in s.
  441  327.02, that is:
  442         1. In a wrecked, junked, or substantially dismantled
  443  condition upon any waters of this state.
  444         a. A vessel is wrecked if it is sunken or sinking; aground
  445  without the ability to extricate itself absent mechanical
  446  assistance; or remaining after a marine casualty, including, but
  447  not limited to, a boating accident, extreme weather, or a fire.
  448         b. A vessel is junked if it has been substantially stripped
  449  of vessel components, if vessel components have substantially
  450  degraded or been destroyed, or if the vessel has been discarded
  451  by the owner or operator. Attaching an outboard motor to a
  452  vessel that is otherwise junked will not cause the vessel to no
  453  longer be junked if such motor is not an effective means of
  454  propulsion as required by s. 327.4107(2)(e) and associated
  455  rules.
  456         c. A vessel is substantially dismantled if at least two of
  457  the three following vessel systems or components are missing,
  458  compromised, incomplete, inoperable, or broken:
  459         (I) The steering system;
  460         (II) The propulsion system; or
  461         (III) The exterior hull integrity.
  462  
  463  Attaching an outboard motor to a vessel that is otherwise
  464  substantially dismantled will not cause the vessel to no longer
  465  be substantially dismantled if such motor is not an effective
  466  means of propulsion as required by s. 327.4107(2)(e) and
  467  associated rules.
  468         2. At a port in this state without the consent of the
  469  agency having jurisdiction thereof.
  470         3. Docked, grounded, or beached upon the property of
  471  another without the consent of the owner of the property.
  472         (c) “Gross negligence” means conduct so reckless or wanting
  473  in care that it constitutes a conscious disregard or
  474  indifference to the safety of the property exposed to such
  475  conduct.
  476         (d) “Willful misconduct” means conduct evidencing
  477  carelessness or negligence of such a degree or recurrence as to
  478  manifest culpability, wrongful intent, or evil design or to show
  479  an intentional and substantial disregard of the interests of the
  480  vessel owner.
  481         (2)
  482         (c) The additional time provided in subparagraph (b)2. for
  483  an owner or responsible party to remove a derelict vessel from
  484  the waters of this state or to repair and remedy the vessel’s
  485  derelict condition This subsection does not apply to a vessel
  486  that was derelict upon the waters of this state before the
  487  stated accident or event.
  488         (3) The commission, an officer of the commission, or a law
  489  enforcement agency or officer specified in s. 327.70 may
  490  relocate, remove, and store, destroy, or dispose of or cause to
  491  be relocated, removed, and stored, destroyed, or disposed of a
  492  derelict vessel from waters of this state as defined in s.
  493  327.02 if the derelict vessel obstructs or threatens to obstruct
  494  navigation or in any way constitutes a danger to the
  495  environment, property, or persons. The commission, an officer of
  496  the commission, or any other law enforcement agency or officer
  497  acting pursuant to this subsection to relocate, remove, and
  498  store, destroy, dispose of or cause to be relocated, removed,
  499  and stored, destroyed, or disposed of a derelict vessel from
  500  waters of this state shall be held harmless for all damages to
  501  the derelict vessel resulting from such action unless the damage
  502  results from gross negligence or willful misconduct.
  503         (a) Removal of derelict vessels under this subsection may
  504  be funded by grants provided in ss. 206.606 and 376.15. The
  505  commission shall implement a plan for the procurement of any
  506  available federal disaster funds and use such funds for the
  507  removal of derelict vessels.
  508         (b) All costs, including costs owed to a third party,
  509  incurred by the commission, another law enforcement agency, or a
  510  governmental subdivision, when the governmental subdivision has
  511  received authorization from a law enforcement officer or agency,
  512  in the relocation, removal, storage, destruction, or disposal of
  513  a derelict vessel are recoverable against the vessel owner or
  514  the party determined to be legally responsible for the vessel
  515  being upon the waters of this state in a derelict condition. The
  516  Department of Legal Affairs shall represent the commission in
  517  actions to recover such costs. As provided in s. 705.103(4), a
  518  person who neglects or refuses to pay such costs may not be
  519  issued a certificate of registration for such vessel or for any
  520  other vessel or motor vehicle until such costs have been paid. A
  521  person who has neglected or refused to pay all costs of removal,
  522  storage, destruction, or disposal of a derelict vessel as
  523  provided in this section, after having been provided written
  524  notice via certified mail that such costs are owed, and who
  525  applies for and is issued a registration for a vessel or motor
  526  vehicle before such costs have been paid in full commits a
  527  misdemeanor of the first degree, punishable as provided in s.
  528  775.082 or s. 775.083.
  529         (b)(c) A contractor performing such activities at the
  530  direction of the commission, an officer of the commission, a law
  531  enforcement agency or officer, or a governmental subdivision,
  532  when the governmental subdivision has received authorization for
  533  the relocation or removal from a law enforcement officer or
  534  agency, pursuant to this section must be licensed in accordance
  535  with applicable United States Coast Guard regulations where
  536  required; obtain and carry in full force and effect a policy
  537  from a licensed insurance carrier in this state to insure
  538  against any accident, loss, injury, property damage, or other
  539  casualty caused by or resulting from the contractor’s actions;
  540  and be properly equipped to perform the services to be provided.
  541         (4)(a)Removal of derelict vessels under this subsection
  542  may be funded by grants provided in s. 206.606.
  543         (b)The commission may implement a plan for the procurement
  544  of any available federal disaster funds and use such funds for
  545  the removal of derelict vessels.
  546         (c)The commission may establish a program to provide
  547  grants to local governments for the removal, storage,
  548  destruction, and disposal of derelict vessels from the waters of
  549  this state. This grant funding may also be used for the removal,
  550  storage, destruction, and disposal of vessels declared a public
  551  nuisance pursuant to s. 327.73(1)(aa). The program must be
  552  funded from the Marine Resources Conservation Trust Fund or the
  553  Florida Coastal Protection Trust Fund. Notwithstanding s.
  554  216.181(11), funds available for these grants may only be
  555  authorized by appropriations acts of the Legislature. In a given
  556  fiscal year, if all funds appropriated pursuant to this
  557  paragraph are not requested by and granted to local governments
  558  for the removal, storage, destruction, and disposal of derelict
  559  vessels or vessels declared a public nuisance pursuant to s.
  560  327.73(1)(aa) by the end of the third quarter, the Fish and
  561  Wildlife Conservation Commission may use the remainder of the
  562  funds to remove, store, destroy, and dispose of, or to pay
  563  private contractors to remove, store, destroy, and dispose of,
  564  derelict vessels or vessels declared a public nuisance pursuant
  565  to s. 327.73(1)(aa). The commission shall adopt by rule
  566  procedures for local governments to submit a grant application
  567  and criteria for allocating available funds. Such criteria must
  568  include, at a minimum, the following:
  569         1.The number of derelict vessels within the jurisdiction
  570  of the applicant.
  571         2.The threat posed by such vessels to public health or
  572  safety, the environment, navigation, or the aesthetic condition
  573  of the general vicinity.
  574         3.The degree of commitment of the local government to
  575  maintain waters free of abandoned and derelict vessels and to
  576  seek legal action against those who abandon vessels in the
  577  waters of this state as defined in s. 327.02.
  578         (6)(5) A person, firm, or corporation violating this
  579  section commits a misdemeanor of the first degree and shall be
  580  punished as provided by law. A conviction under this section
  581  does not bar the assessment and collection of a the civil
  582  penalty provided in s. 376.16 for violation of s. 376.15. The
  583  court having jurisdiction over the criminal offense,
  584  notwithstanding any jurisdictional limitations on the amount in
  585  controversy, may order the imposition of such civil penalty in
  586  addition to any sentence imposed for the first criminal offense.
  587         (7)(6) If an owner or a responsible party of a vessel
  588  determined to be derelict through an administrative or criminal
  589  proceeding has been charged by an officer of the commission or
  590  any law enforcement agency or officer as specified in s. 327.70
  591  under subsection (5) for a violation of subsection (2) or a
  592  violation of s. 376.15(2), a person may not reside or dwell on
  593  such vessel until the vessel is removed from the waters of the
  594  state permanently or returned to the waters of the state in a
  595  condition that is no longer derelict.
  596         Section 10. Paragraph (p) of subsection (4) of section
  597  934.50, Florida Statutes, is amended to read:
  598         934.50 Searches and seizure using a drone.—
  599         (4) EXCEPTIONS.—This section does not prohibit the use of a
  600  drone:
  601         (p) By an a non-law enforcement employee of the Fish and
  602  Wildlife Conservation Commission or of the Florida Forest
  603  Service for the purposes of managing and eradicating invasive
  604  exotic plants or animals on public lands and suppressing and
  605  mitigating wildfire threats.
  606         Section 11. Section 327.04, Florida Statutes, is amended to
  607  read:
  608         327.04 Rules.—The commission may adopt rules pursuant to
  609  ss. 120.536(1) and 120.54 to implement this chapter, the
  610  provisions of chapter 705 relating to vessels, and s. ss. 376.15
  611  and 823.11 conferring powers or duties upon it.
  612         Section 12. Subsection (4) of section 328.09, Florida
  613  Statutes, is amended to read:
  614         328.09 Refusal to issue and authority to cancel a
  615  certificate of title or registration.—
  616         (4) The department may not issue a certificate of title to
  617  an applicant for a vessel that has been deemed derelict by a law
  618  enforcement officer under s. 376.15 or s. 823.11. A law
  619  enforcement officer must inform the department in writing, which
  620  may be provided by facsimile, electronic mail, or other
  621  electronic means, of the vessel’s derelict status and supply the
  622  department with the vessel title number or vessel identification
  623  number. The department may issue a certificate of title once a
  624  law enforcement officer has verified in writing, which may be
  625  provided by facsimile, electronic mail, or other electronic
  626  means, that the vessel is no longer a derelict vessel.
  627         Section 13. Section 25 of chapter 2021-184, Laws of
  628  Florida, is repealed.
  629         Section 14. Paragraph (c) of subsection (15) of section
  630  328.72, Florida Statutes, is amended to read:
  631         328.72 Classification; registration; fees and charges;
  632  surcharge; disposition of fees; fines; marine turtle stickers.—
  633         (15) DISTRIBUTION OF FEES.—Except as provided in this
  634  subsection, moneys designated for the use of the counties, as
  635  specified in subsection (1), shall be distributed by the tax
  636  collector to the board of county commissioners for use only as
  637  provided in this section. Such moneys to be returned to the
  638  counties are for the sole purposes of providing, maintaining, or
  639  operating recreational channel marking and other uniform
  640  waterway markers, public boat ramps, lifts, and hoists, marine
  641  railways, boat piers, docks, mooring buoys, and other public
  642  launching facilities; and removing derelict vessels, debris that
  643  specifically impedes boat access, not including the dredging of
  644  channels, and vessels and floating structures deemed a hazard to
  645  public safety and health for failure to comply with s. 327.53.
  646  Counties shall demonstrate through an annual detailed accounting
  647  report of vessel registration revenues that the registration
  648  fees were spent as provided in this subsection. This report
  649  shall be provided to the Fish and Wildlife Conservation
  650  Commission no later than November 1 of each year. If, before
  651  January 1 of each calendar year, the accounting report meeting
  652  the prescribed criteria has still not been provided to the
  653  commission, the tax collector of that county may not distribute
  654  the moneys designated for the use of counties, as specified in
  655  subsection (1), to the board of county commissioners but shall,
  656  for the next calendar year, remit such moneys to the state for
  657  deposit into the Marine Resources Conservation Trust Fund. The
  658  commission shall return those moneys to the county if the county
  659  fully complies with this section within that calendar year. If
  660  the county does not fully comply with this section within that
  661  calendar year, the moneys shall remain within the Marine
  662  Resources Trust Fund and may be appropriated for the purposes
  663  specified in this subsection.
  664         (c) From the vessel registration fees designated for use by
  665  the counties in subsection (1), the following amounts shall be
  666  remitted to the state for deposit into the Marine Resources
  667  Conservation Trust Fund to fund derelict vessel removal grants,
  668  as appropriated by the Legislature pursuant to s. 823.11(4)(c)
  669  s. 376.15:
  670         1. Class A-2: $0.25 for each 12-month period registered.
  671         2. Class 1: $2.06 for each 12-month period registered.
  672         3. Class 2: $9.26 for each 12-month period registered.
  673         4. Class 3: $16.45 for each 12-month period registered.
  674         5. Class 4: $20.06 for each 12-month period registered.
  675         6. Class 5: $25.46 for each 12-month period registered.
  676         Section 15. Paragraph (h) of subsection (6) of section
  677  376.11, Florida Statutes, is amended to read:
  678         376.11 Florida Coastal Protection Trust Fund.—
  679         (6) Moneys in the Florida Coastal Protection Trust Fund may
  680  be used for the following purposes:
  681         (h) The funding of a grant program to local governments,
  682  pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the
  683  removal of derelict vessels from the public waters of the state.
  684         Section 16. For the purpose of incorporating the amendment
  685  made by this act to section 379.101, Florida Statutes, in a
  686  reference thereto, subsection (4) of section 125.01, Florida
  687  Statutes, is reenacted to read:
  688         125.01 Powers and duties.—
  689         (4) The legislative and governing body of a county shall
  690  not have the power to regulate the taking or possession of
  691  saltwater fish, as defined in s. 379.101, with respect to the
  692  method of taking, size, number, season, or species. However,
  693  this subsection does not prohibit a county from prohibiting, for
  694  reasons of protecting the public health, safety, or welfare,
  695  saltwater fishing from real property owned by that county, nor
  696  does it prohibit the imposition of excise taxes by county
  697  ordinance.
  698         Section 17. For the purpose of incorporating the amendment
  699  made by this act to section 379.101, Florida Statutes, in a
  700  reference thereto, section 379.2412, Florida Statutes, is
  701  reenacted to read:
  702         379.2412 State preemption of power to regulate.—The power
  703  to regulate the taking or possession of saltwater fish, as
  704  defined in s. 379.101, is expressly reserved to the state. This
  705  section does not prohibit a local government from prohibiting,
  706  for reasons of protecting the public health, safety, or welfare,
  707  saltwater fishing from real property owned by that local
  708  government.
  709         Section 18. Except as otherwise expressly provided in this
  710  act, this act shall take effect July 1, 2022.