Florida Senate - 2022                       CS for CS for SB 494
       
       
        
       By the Committees on Appropriations; and Environment and Natural
       Resources; and Senator Hutson
       
       
       
       
       576-02401-22                                           2022494c2
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending s. 259.105, F.S.; requiring land
    4         management agencies to consider, in consultation with
    5         the commission, as part of certain state land
    6         management plans, the feasibility of using portions of
    7         such lands as gopher tortoise recipient sites;
    8         requiring the agencies to consult with the commission
    9         on required feasibility assessments and the
   10         implementation of management strategies; amending ss.
   11         327.352 and 327.35215, F.S.; revising the notices a
   12         person must be given for failure to submit to certain
   13         tests for alcohol, chemical substances, or controlled
   14         substances; making technical changes; amending s.
   15         327.371, F.S.; authorizing individuals, when
   16         participating in certain athletic team practices or
   17         competitions, to operate a human-powered vessel within
   18         the marked channel of the Florida Intracoastal
   19         Waterway under certain circumstances; amending s.
   20         327.4107, F.S.; revising the vessel conditions that an
   21         officer of the Fish and Wildlife Conservation
   22         Commission or a law enforcement agency may use to
   23         determine that a vessel is at risk of becoming
   24         derelict; amending s. 327.46, F.S.; prohibiting
   25         municipalities and counties from designating public
   26         bathing beach areas or swim areas within their
   27         jurisdictions which are within the marked channel
   28         portion of the Florida Intracoastal Waterway or within
   29         a specified distance from any portion of the marked
   30         channel; repealing s. 376.15, F.S., relating to
   31         derelict vessels and the relocation and removal of
   32         such vessels from the waters of this state; amending
   33         s. 379.101, F.S.; revising the definitions of the
   34         terms “marine fish” and “saltwater fish”; amending s.
   35         705.101, F.S.; revising the definition of the term
   36         “abandoned property” to include vessels declared to be
   37         a public nuisance; amending s. 705.103, F.S.;
   38         clarifying the notice requirements and procedures for
   39         vessels declared to be public nuisances; conforming a
   40         provision to changes made by the act; amending s.
   41         823.11, F.S.; making technical changes; authorizing
   42         the commission to establish a program to provide
   43         grants to local governments for certain actions
   44         regarding derelict vessels and those declared to be a
   45         public nuisance; specifying sources for the funds to
   46         be used, subject to an appropriation; authorizing the
   47         commission to use funds not awarded as grants for
   48         certain purposes; requiring the commission to adopt
   49         rules for the grant applications and the criteria for
   50         allocating the funds; conforming provisions to changes
   51         made by the act; amending s. 934.50, F.S.; providing
   52         that all employees of the commission or the Florida
   53         Forest Service may operate drones for specified
   54         purposes; amending ss. 327.04, 328.09, 328.72, and
   55         376.11, F.S.; conforming provisions to changes made by
   56         the act; repealing s. 25, chapter 2021-184, Laws of
   57         Florida, relating to derelict vessels; reenacting s.
   58         327.73(1)(dd), F.S., relating to noncriminal boating
   59         infractions, to incorporate the amendment made to s.
   60         327.371, F.S., in a reference thereto; reenacting ss.
   61         125.01(4) and 379.2412, F.S., relating to powers and
   62         duties of legislative and governing bodies of counties
   63         and state preemption of the regulating of taking or
   64         possessing saltwater fish, respectively, to
   65         incorporate the amendment made to s. 379.101, F.S., in
   66         references thereto; providing effective dates.
   67          
   68  Be It Enacted by the Legislature of the State of Florida:
   69  
   70         Section 1. Paragraphs (a) and (b) of subsection (2) of
   71  section 259.105, Florida Statutes, are amended to read:
   72         259.105 The Florida Forever Act.—
   73         (2)(a) The Legislature finds and declares that:
   74         1. Land acquisition programs have provided tremendous
   75  financial resources for purchasing environmentally significant
   76  lands to protect those lands from imminent development or
   77  alteration, thereby ensuring present and future generations’
   78  access to important waterways, open spaces, and recreation and
   79  conservation lands.
   80         2. The continued alteration and development of the state’s
   81  natural and rural areas to accommodate the state’s growing
   82  population have contributed to the degradation of water
   83  resources, the fragmentation and destruction of wildlife
   84  habitats, the loss of outdoor recreation space, and the
   85  diminishment of wetlands, forests, working landscapes, and
   86  coastal open space.
   87         3. The potential development of the state’s remaining
   88  natural areas and escalation of land values require government
   89  efforts to restore, bring under public protection, or acquire
   90  lands and water areas to preserve the state’s essential
   91  ecological functions and invaluable quality of life.
   92         4. It is essential to protect the state’s ecosystems by
   93  promoting a more efficient use of land, to ensure opportunities
   94  for viable agricultural activities on working lands, and to
   95  promote vital rural and urban communities that support and
   96  produce development patterns consistent with natural resource
   97  protection.
   98         5. The state’s groundwater, surface waters, and springs are
   99  under tremendous pressure due to population growth and economic
  100  expansion and require special protection and restoration
  101  efforts, including the protection of uplands and springsheds
  102  that provide vital recharge to aquifer systems and are critical
  103  to the protection of water quality and water quantity of the
  104  aquifers and springs. To ensure that sufficient quantities of
  105  water are available to meet the current and future needs of the
  106  natural systems and citizens of the state, and assist in
  107  achieving the planning goals of the department and the water
  108  management districts, water resource development projects on
  109  public lands, if compatible with the resource values of and
  110  management objectives for the lands, are appropriate.
  111         6. The needs of urban, suburban, and small communities in
  112  the state for high-quality outdoor recreational opportunities,
  113  greenways, trails, and open space have not been fully met by
  114  previous acquisition programs. Through such programs as the
  115  Florida Communities Trust and the Florida Recreation Development
  116  Assistance Program, the state shall place additional emphasis on
  117  acquiring, protecting, preserving, and restoring open space,
  118  ecological greenways, and recreation properties within urban,
  119  suburban, and rural areas where pristine natural communities or
  120  water bodies no longer exist because of the proximity of
  121  developed property.
  122         7. Many of the state’s unique ecosystems, such as the
  123  Florida Everglades, are facing ecological collapse due to the
  124  state’s burgeoning population growth and other economic
  125  activities. To preserve these valuable ecosystems for future
  126  generations, essential parcels of land must be acquired to
  127  facilitate ecosystem restoration.
  128         8. Access to public lands to support a broad range of
  129  outdoor recreational opportunities and the development of
  130  necessary infrastructure, if compatible with the resource values
  131  of and management objectives for such lands, promotes an
  132  appreciation for the state’s natural assets and improves the
  133  quality of life.
  134         9. Acquisition of lands, in fee simple, less than fee
  135  interest, or other techniques must shall be based on a
  136  comprehensive science-based assessment of the state’s natural
  137  resources which targets essential conservation lands by
  138  prioritizing all current and future acquisitions based on a
  139  uniform set of data and planned so as to protect the integrity
  140  and function of ecological systems and working landscapes, and
  141  provide multiple benefits, including preservation of fish and
  142  wildlife habitat, recreation space for urban and rural areas,
  143  and the restoration of natural water storage, flow, and
  144  recharge.
  145         10. The state has embraced performance-based program
  146  budgeting as a tool to evaluate the achievements of publicly
  147  funded agencies, build in accountability, and reward those
  148  agencies which are able to consistently achieve quantifiable
  149  goals. While previous and existing state environmental programs
  150  have achieved varying degrees of success, few of these programs
  151  can be evaluated as to the extent of their achievements,
  152  primarily because performance measures, standards, outcomes, and
  153  goals were not established at the outset. Therefore, the Florida
  154  Forever program must shall be developed and implemented in the
  155  context of measurable state goals and objectives.
  156         11. The state must play a major role in the recovery and
  157  management of its imperiled species through the acquisition,
  158  restoration, enhancement, and management of ecosystems that can
  159  support the major life functions of such species. It is the
  160  intent of the Legislature to support local, state, and federal
  161  programs that result in net benefit to imperiled species habitat
  162  by providing public and private land owners meaningful
  163  incentives for acquiring, restoring, managing, and repopulating
  164  habitats for imperiled species. It is the further intent of the
  165  Legislature that public lands, both existing and to be acquired,
  166  identified by the lead land managing agency, in consultation
  167  with the Fish and Wildlife Conservation Commission for animals
  168  or the Department of Agriculture and Consumer Services for
  169  plants, as habitat or potentially restorable habitat for
  170  imperiled species, be restored, enhanced, managed, and
  171  repopulated as habitat for such species to advance the goals and
  172  objectives of imperiled species management for conservation,
  173  recreation, or both, consistent with the land management plan
  174  without restricting other uses identified in the management
  175  plan. It is also the intent of the Legislature that of the
  176  proceeds distributed pursuant to subsection (3), additional
  177  consideration be given to acquisitions that achieve a
  178  combination of conservation goals, including the restoration,
  179  enhancement, management, or repopulation of habitat for
  180  imperiled species. The council, in addition to the criteria in
  181  subsection (9), shall give weight to projects that include
  182  acquisition, restoration, management, or repopulation of habitat
  183  for imperiled species. The term “imperiled species” as used in
  184  this chapter and chapter 253, means plants and animals that are
  185  federally listed under the Endangered Species Act, or state
  186  listed by the Fish and Wildlife Conservation Commission or the
  187  Department of Agriculture and Consumer Services. As part of the
  188  state’s role, all state lands that have imperiled species
  189  habitat must shall include as a consideration in management plan
  190  development the restoration, enhancement, management, and
  191  repopulation of such habitats. Each lead land managing agency,
  192  in consultation with the Fish and Wildlife Conservation
  193  Commission, shall consider in the management plan for all state
  194  lands under its management which are greater in size than 40
  195  contiguous acres the feasibility of using a portion of the
  196  property as a gopher tortoise recipient site. If, during
  197  consultation with the Fish and Wildlife Conservation Commission,
  198  the lead land managing agency determines that the recipient site
  199  management is not in conflict with the primary management
  200  objects of the parcel, the management plan must contain a
  201  component or section prepared by a qualified wildlife biologist
  202  which assesses the feasibility of managing the site as a
  203  recipient site for gopher tortoises, consistent with the rules
  204  of the Fish and Wildlife Conservation Commission. Each land
  205  management agency shall consult with the Fish and Wildlife
  206  Conservation Commission on feasibility assessments and
  207  implementation of gopher tortoise management. In addition, the
  208  lead land managing agency of such state lands may use fees
  209  received from public or private entities for projects to offset
  210  adverse impacts to imperiled species or their habitat in order
  211  to restore, enhance, manage, repopulate, or acquire land and to
  212  implement land management plans developed under s. 253.034 or a
  213  land management prospectus developed and implemented under this
  214  chapter. Such fees shall be deposited into a foundation or fund
  215  created by each land management agency under s. 379.223, s.
  216  589.012, or s. 259.032(9)(c), to be used solely to restore,
  217  manage, enhance, repopulate, or acquire imperiled species
  218  habitat.
  219         12. There is a need to change the focus and direction of
  220  the state’s major land acquisition programs and to extend
  221  funding and bonding capabilities, so that future generations may
  222  enjoy the natural resources of this state.
  223         (b) The Legislature recognizes that acquisition of lands in
  224  fee simple is only one way to achieve the aforementioned goals
  225  and encourages the use of less-than-fee interests, other
  226  techniques, and the development of creative partnerships between
  227  governmental agencies and private landowners. Such partnerships
  228  may include those that advance the restoration, enhancement,
  229  management, or repopulation of imperiled species habitat on
  230  state lands as provided for in subparagraph (a)11. Easements
  231  acquired pursuant to s. 570.71(2)(a) and (b), land protection
  232  agreements, and nonstate funded tools such as rural land
  233  stewardship areas, sector planning, gopher tortoise recipient
  234  sites, and mitigation should be used, where appropriate, to
  235  bring environmentally sensitive tracts under an acceptable level
  236  of protection at a lower financial cost to the public, and to
  237  provide private landowners with the opportunity to enjoy and
  238  benefit from their property.
  239         Section 2. Paragraphs (a) and (c) of subsection (1) of
  240  section 327.352, Florida Statutes, are amended to read:
  241         327.352 Tests for alcohol, chemical substances, or
  242  controlled substances; implied consent; refusal.—
  243         (1)(a)1. The Legislature declares that the operation of a
  244  vessel is a privilege that must be exercised in a reasonable
  245  manner. In order to protect the public health and safety, it is
  246  essential that a lawful and effective means of reducing the
  247  incidence of boating while impaired or intoxicated be
  248  established. Therefore, a person who accepts the privilege
  249  extended by the laws of this state of operating a vessel within
  250  this state is, by operating such vessel, deemed to have given
  251  his or her consent to submit to an approved chemical test or
  252  physical test including, but not limited to, an infrared light
  253  test of his or her breath for the purpose of determining the
  254  alcoholic content of his or her blood or breath if the person is
  255  lawfully arrested for any offense allegedly committed while the
  256  person was operating a vessel while under the influence of
  257  alcoholic beverages. The chemical or physical breath test must
  258  be incidental to a lawful arrest and administered at the request
  259  of a law enforcement officer who has reasonable cause to believe
  260  such person was operating the vessel within this state while
  261  under the influence of alcoholic beverages. The administration
  262  of a breath test does not preclude the administration of another
  263  type of test. The person shall be told that his or her failure
  264  to submit to any lawful test of his or her breath under this
  265  chapter will result in a civil penalty of $500, and shall also
  266  be told that if he or she refuses to submit to a lawful test of
  267  his or her breath and he or she has been previously fined under
  268  s. 327.35215 or has previously had his or her driving privilege
  269  has been previously driver license suspended for refusal to
  270  submit to any lawful test of his or her breath, urine, or blood,
  271  he or she commits a misdemeanor of the first degree, punishable
  272  as provided in s. 775.082 or s. 775.083, in addition to any
  273  other penalties provided by law. The refusal to submit to a
  274  chemical or physical breath test upon the request of a law
  275  enforcement officer as provided in this section is admissible
  276  into evidence in any criminal proceeding.
  277         2. A person who accepts the privilege extended by the laws
  278  of this state of operating a vessel within this state is, by
  279  operating such vessel, deemed to have given his or her consent
  280  to submit to a urine test for the purpose of detecting the
  281  presence of chemical substances as set forth in s. 877.111 or
  282  controlled substances if the person is lawfully arrested for any
  283  offense allegedly committed while the person was operating a
  284  vessel while under the influence of chemical substances or
  285  controlled substances. The urine test must be incidental to a
  286  lawful arrest and administered at a detention facility or any
  287  other facility, mobile or otherwise, which is equipped to
  288  administer such tests at the request of a law enforcement
  289  officer who has reasonable cause to believe such person was
  290  operating a vessel within this state while under the influence
  291  of chemical substances or controlled substances. The urine test
  292  must shall be administered at a detention facility or any other
  293  facility, mobile or otherwise, which is equipped to administer
  294  such test in a reasonable manner that will ensure the accuracy
  295  of the specimen and maintain the privacy of the individual
  296  involved. The administration of a urine test does not preclude
  297  the administration of another type of test. The person shall be
  298  told that his or her failure to submit to any lawful test of his
  299  or her urine under this chapter will result in a civil penalty
  300  of $500, and shall also be told that if he or she refuses to
  301  submit to a lawful test of his or her urine and he or she has
  302  been previously fined under s. 327.35215 or has previously had
  303  his or her driving privilege has been previously driver license
  304  suspended for refusal to submit to any lawful test of his or her
  305  breath, urine, or blood, he or she commits a misdemeanor of the
  306  first degree, punishable as provided in s. 775.082 or s.
  307  775.083, in addition to any other penalties provided by law. The
  308  refusal to submit to a urine test upon the request of a law
  309  enforcement officer as provided in this section is admissible
  310  into evidence in any criminal proceeding.
  311         (c) A person who accepts the privilege extended by the laws
  312  of this state of operating a vessel within this state is, by
  313  operating such vessel, deemed to have given his or her consent
  314  to submit to an approved blood test for the purpose of
  315  determining the alcoholic content of the blood or a blood test
  316  for the purpose of determining the presence of chemical
  317  substances or controlled substances as provided in this section
  318  if there is reasonable cause to believe the person was operating
  319  a vessel while under the influence of alcoholic beverages or
  320  chemical or controlled substances and the person appears for
  321  treatment at a hospital, clinic, or other medical facility and
  322  the administration of a breath or urine test is impractical or
  323  impossible. As used in this paragraph, the term “other medical
  324  facility” includes an ambulance or other medical emergency
  325  vehicle. The blood test must shall be performed in a reasonable
  326  manner. A person who is incapable of refusal by reason of
  327  unconsciousness or other mental or physical condition is deemed
  328  not to have withdrawn his or her consent to such test. A person
  329  who is capable of refusal shall be told that his or her failure
  330  to submit to such a blood test will result in a civil penalty of
  331  $500. The refusal to submit to a blood test upon the request of
  332  a law enforcement officer is shall be admissible in evidence in
  333  any criminal proceeding.
  334         Section 3. Subsections (1) and (2) of section 327.35215,
  335  Florida Statutes, are amended to read:
  336         327.35215 Penalty for failure to submit to test.—
  337         (1) A person who is lawfully arrested for an alleged
  338  violation of s. 327.35 and who refuses to submit to a blood
  339  test, breath test, or urine test pursuant to s. 327.352 is
  340  subject to a civil penalty of $500.
  341         (2) When a person refuses to submit to a blood test, breath
  342  test, or urine test pursuant to s. 327.352, a law enforcement
  343  officer who is authorized to make arrests for violations of this
  344  chapter shall file with the clerk of the court, on a form
  345  provided by the commission department, a certified statement
  346  that probable cause existed to arrest the person for a violation
  347  of s. 327.35 and that the person refused to submit to a test as
  348  required by s. 327.352. Along with the statement, the officer
  349  shall must also submit a sworn statement on a form provided by
  350  the commission department that the person has been advised of
  351  both the penalties for failure to submit to the blood, breath,
  352  or urine test and the procedure for requesting a hearing.
  353         Section 4. Present paragraph (c) of subsection (1) of
  354  section 327.371, Florida Statutes, is redesignated as paragraph
  355  (d), and a new paragraph (c) is added to that subsection, to
  356  read:
  357         327.371 Human-powered vessels regulated.—
  358         (1) A person may operate a human-powered vessel within the
  359  boundaries of the marked channel of the Florida Intracoastal
  360  Waterway as defined in s. 327.02:
  361         (c) When participating in interscholastic, intercollegiate,
  362  intramural, or club rowing team practices or competitions, if
  363  the adjacent area outside of the marked channel is not suitable
  364  for such practice or competition. The teams must use their best
  365  efforts to make use of the adjacent area outside of the marked
  366  channel.
  367         Section 5. Paragraph (f) is added to subsection (2) of
  368  section 327.4107, Florida Statutes, to read:
  369         327.4107 Vessels at risk of becoming derelict on waters of
  370  this state.—
  371         (2) An officer of the commission or of a law enforcement
  372  agency specified in s. 327.70 may determine that a vessel is at
  373  risk of becoming derelict if any of the following conditions
  374  exist:
  375         (f) The vessel is tied to an unlawful or unpermitted
  376  structure or mooring.
  377         Section 6. Paragraph (b) of subsection (1) of section
  378  327.46, Florida Statutes, is amended to read:
  379         327.46 Boating-restricted areas.—
  380         (1) Boating-restricted areas, including, but not limited
  381  to, restrictions of vessel speeds and vessel traffic, may be
  382  established on the waters of this state for any purpose
  383  necessary to protect the safety of the public if such
  384  restrictions are necessary based on boating accidents,
  385  visibility, hazardous currents or water levels, vessel traffic
  386  congestion, or other navigational hazards or to protect
  387  seagrasses on privately owned submerged lands.
  388         (b) Municipalities and counties may establish the following
  389  boating-restricted areas by ordinance, including,
  390  notwithstanding the prohibition in s. 327.60(2)(c), within the
  391  portion of the Florida Intracoastal Waterway within their
  392  jurisdiction:
  393         1. An ordinance establishing an idle speed, no wake
  394  boating-restricted area, if the area is:
  395         a. Within 500 feet of any boat ramp, hoist, marine railway,
  396  or other launching or landing facility available for use by the
  397  general boating public on waterways more than 300 feet in width
  398  or within 300 feet of any boat ramp, hoist, marine railway, or
  399  other launching or landing facility available for use by the
  400  general boating public on waterways not exceeding 300 feet in
  401  width.
  402         b. Within 500 feet of fuel pumps or dispensers at any
  403  marine fueling facility that sells motor fuel to the general
  404  boating public on waterways more than 300 feet in width or
  405  within 300 feet of the fuel pumps or dispensers at any licensed
  406  terminal facility that sells motor fuel to the general boating
  407  public on waterways not exceeding 300 feet in width.
  408         c. Inside or within 300 feet of any lock structure.
  409         2. An ordinance establishing a slow speed, minimum wake
  410  boating-restricted area if the area is:
  411         a. Within 300 feet of any bridge fender system.
  412         b. Within 300 feet of any bridge span presenting a vertical
  413  clearance of less than 25 feet or a horizontal clearance of less
  414  than 100 feet.
  415         c. On a creek, stream, canal, or similar linear waterway if
  416  the waterway is less than 75 feet in width from shoreline to
  417  shoreline.
  418         d. On a lake or pond of less than 10 acres in total surface
  419  area.
  420         e. Within the boundaries of a permitted public mooring
  421  field and a buffer around the mooring field of up to 100 feet.
  422         3. An ordinance establishing a vessel-exclusion zone if the
  423  area is:
  424         a. Designated as a public bathing beach or swim area,
  425  except that public bathing beach or swim areas may not be
  426  established in whole or in part within the marked channel of the
  427  Florida Intracoastal Waterway or within 100 feet of any portion
  428  of the marked channel.
  429         b. Within 300 feet of a dam, spillway, or flood control
  430  structure.
  431  
  432  Vessel exclusion zones created pursuant to this subparagraph
  433  must be marked with uniform waterway markers permitted by the
  434  commission in accordance with this chapter. Such zones may not
  435  be marked by ropes.
  436         Section 7. Section 376.15, Florida Statutes, is repealed.
  437         Section 8. Subsections (22) and (34) of section 379.101,
  438  Florida Statutes, are amended to read:
  439         379.101 Definitions.—In construing these statutes, where
  440  the context does not clearly indicate otherwise, the word,
  441  phrase, or term:
  442         (22) “Marine fish” means any saltwater species of finfish
  443  of the classes Agnatha, Chondrichthyes, and Osteichthyes, and
  444  marine invertebrates of in the classes Gastropoda and, Bivalvia,
  445  the subphylum and Crustacea, or the phylum Echinodermata;
  446  however, the term but does not include nonliving shells or
  447  echinoderms.
  448         (34) “Saltwater fish” means:
  449         (a) Any saltwater species of finfish of the classes
  450  Agnatha, Chondrichthyes, or Osteichthyes and marine
  451  invertebrates of the classes Gastropoda and, Bivalvia, the
  452  subphylum or Crustacea, or of the phylum Echinodermata; however,
  453  the term but does not include nonliving shells or echinoderms;
  454  and
  455         (b) All classes of pisces, shellfish, sponges, and
  456  crustaceans crustacea native to salt water.
  457         Section 9. Subsection (3) of section 705.101, Florida
  458  Statutes, is amended to read:
  459         705.101 Definitions.—As used in this chapter:
  460         (3) “Abandoned property” means all tangible personal
  461  property that does not have an identifiable owner and that has
  462  been disposed on public property in a wrecked, inoperative, or
  463  partially dismantled condition or has no apparent intrinsic
  464  value to the rightful owner. The term includes derelict vessels
  465  as defined in s. 823.11 and vessels declared a public nuisance
  466  pursuant to s. 327.73(1)(aa).
  467         Section 10. Paragraph (a) of subsection (2) and subsection
  468  (4) of section 705.103, Florida Statutes, are amended to read:
  469         705.103 Procedure for abandoned or lost property.—
  470         (2)(a)1. Whenever a law enforcement officer ascertains
  471  that:
  472         a. An article of lost or abandoned property other than a
  473  derelict vessel or a vessel declared a public nuisance pursuant
  474  to s. 327.73(1)(aa) is present on public property and is of such
  475  nature that it cannot be easily removed, the officer shall cause
  476  a notice to be placed upon such article in substantially the
  477  following form:
  478  
  479  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  480  PROPERTY. This property, to wit: ...(setting forth brief
  481  description)... is unlawfully upon public property known as
  482  ...(setting forth brief description of location)... and must be
  483  removed within 5 days; otherwise, it will be removed and
  484  disposed of pursuant to chapter 705, Florida Statutes. The owner
  485  will be liable for the costs of removal, storage, and
  486  publication of notice. Dated this: ...(setting forth the date of
  487  posting of notice)..., signed: ...(setting forth name, title,
  488  address, and telephone number of law enforcement officer)....
  489  
  490         b. A derelict vessel or a vessel declared a public nuisance
  491  pursuant to s. 327.73(1)(aa) is present on the waters of this
  492  state, the officer shall cause a notice to be placed upon such
  493  vessel in substantially the following form:
  494  
  495  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  496  VESSEL. This vessel, to wit: ...(setting forth brief
  497  description)... has been determined to be ...(derelict or a
  498  public nuisance)... and is unlawfully upon waters of this state
  499  ...(setting forth brief description of location)... and must be
  500  removed within 21 days; otherwise, it will be removed and
  501  disposed of pursuant to chapter 705, Florida Statutes. The owner
  502  and other interested parties have the right to a hearing to
  503  challenge the determination that this vessel is derelict or
  504  otherwise in violation of the law. Please contact ...(contact
  505  information for person who can arrange for a hearing in
  506  accordance with this section).... The owner or the party
  507  determined to be legally responsible for the vessel being upon
  508  the waters of this state in a derelict condition or as a public
  509  nuisance will be liable for the costs of removal, destruction,
  510  and disposal if this vessel is not removed by the owner. Dated
  511  this: ...(setting forth the date of posting of notice)...,
  512  signed: ...(setting forth name, title, address, and telephone
  513  number of law enforcement officer)....
  514  
  515         2. The notices required under subparagraph 1. may not be
  516  less than 8 inches by 10 inches and must shall be sufficiently
  517  weatherproof to withstand normal exposure to the elements. In
  518  addition to posting, the law enforcement officer shall make a
  519  reasonable effort to ascertain the name and address of the
  520  owner. If such is reasonably available to the officer, she or he
  521  shall mail a copy of such notice to the owner on or before the
  522  date of posting. If the property is a motor vehicle as defined
  523  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  524  enforcement agency shall contact the Department of Highway
  525  Safety and Motor Vehicles in order to determine the name and
  526  address of the owner and any person who has filed a lien on the
  527  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  528  328.15(1). On receipt of this information, the law enforcement
  529  agency shall mail a copy of the notice by certified mail, return
  530  receipt requested, to the owner and to the lienholder, if any,
  531  except that a law enforcement officer who has issued a citation
  532  for a violation of s. 376.15 or s. 823.11 to the owner of a
  533  derelict vessel is not required to mail a copy of the notice by
  534  certified mail, return receipt requested, to the owner. For a
  535  derelict vessel or a vessel declared a public nuisance pursuant
  536  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  537  responsible party that he or she has a right to a hearing to
  538  dispute the determination that the vessel is derelict or
  539  otherwise in violation of the law. If a request for a hearing is
  540  made, a state agency shall follow the processes set forth in s.
  541  120.569. Local governmental entities shall follow the processes
  542  set forth in s. 120.569, except that a local judge, magistrate,
  543  or code enforcement officer may be designated to conduct such a
  544  hearing. If, at the end of 5 days after posting the notice in
  545  sub-subparagraph 1.a., or at the end of 21 days after posting
  546  the notice in sub-subparagraph 1.b., and mailing such notice, if
  547  required, the owner or any person interested in the lost or
  548  abandoned article or articles described has not removed the
  549  article or articles from public property or shown reasonable
  550  cause for failure to do so, and, in the case of a derelict
  551  vessel or a vessel declared a public nuisance pursuant to s.
  552  327.73(1)(aa), has not requested a hearing in accordance with
  553  this section, the following shall apply:
  554         a. For abandoned property other than a derelict vessel or a
  555  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  556  the law enforcement agency may retain any or all of the property
  557  for its own use or for use by the state or unit of local
  558  government, trade such property to another unit of local
  559  government or state agency, donate the property to a charitable
  560  organization, sell the property, or notify the appropriate
  561  refuse removal service.
  562         b. For a derelict vessel or a vessel declared a public
  563  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  564  agency or its designee may:
  565         (I) Remove the vessel from the waters of this state and
  566  destroy and dispose of the vessel or authorize another
  567  governmental entity or its designee to do so; or
  568         (II) Authorize the vessel’s use as an artificial reef in
  569  accordance with s. 379.249 if all necessary federal, state, and
  570  local authorizations are received.
  571  
  572  A law enforcement agency or its designee may also take action as
  573  described in this sub-subparagraph if, following a hearing
  574  pursuant to this section, the judge, magistrate, administrative
  575  law judge, or hearing officer has determined the vessel to be
  576  derelict as provided in s. 823.11 or otherwise in violation of
  577  the law in accordance with s. 327.73(1)(aa) and a final order
  578  has been entered or the case is otherwise closed.
  579         (4) The owner of any abandoned or lost property, or in the
  580  case of a derelict vessel or a vessel declared a public nuisance
  581  pursuant to s. 327.73(1)(aa), the owner or other party
  582  determined to be legally responsible for the vessel being upon
  583  the waters of this state in a derelict condition or as a public
  584  nuisance, who, after notice as provided in this section, does
  585  not remove such property within the specified period is shall be
  586  liable to the law enforcement agency, other governmental entity,
  587  or the agency’s or entity’s designee for all costs of removal,
  588  storage, and destruction, and disposal of such property, less
  589  any salvage value obtained by disposal of the property. Upon
  590  final disposition of the property, the law enforcement officer
  591  or representative of the law enforcement agency or other
  592  governmental entity shall notify the owner or in the case of a
  593  derelict vessel or vessel declared a public nuisance pursuant to
  594  s. 327.73(1)(aa), the owner or other party determined to be
  595  legally responsible, if known, of the amount owed. In the case
  596  of an abandoned vessel or motor vehicle, any person who neglects
  597  or refuses to pay such amount is not entitled to be issued a
  598  certificate of registration for such vessel or motor vehicle, or
  599  any other vessel or motor vehicle, until such costs have been
  600  paid. A person who has neglected or refused to pay all costs of
  601  removal, storage, disposal, and destruction of a vessel or motor
  602  vehicle as provided in this section, after having been provided
  603  written notice via certified mail that such costs are owed, and
  604  who applies for and is issued a registration for a vessel or
  605  motor vehicle before such costs have been paid in full commits a
  606  misdemeanor of the first degree, punishable as provided in s.
  607  775.082 or s. 775.083. The law enforcement officer or
  608  representative of the law enforcement agency or other
  609  governmental entity shall supply the Department of Highway
  610  Safety and Motor Vehicles with a list of persons whose vessel
  611  registration privileges and motor vehicle privileges have been
  612  revoked under this subsection. The department or a person acting
  613  as an agent of the department may not issue a certificate of
  614  registration to a person whose vessel and motor vehicle
  615  registration privileges have been revoked, as provided by this
  616  subsection, until such costs have been paid.
  617         Section 11. Effective July 1, 2023, paragraph (a) of
  618  subsection (2) of section 705.103, Florida Statutes, as amended
  619  by chapters 2019-76 and 2021-184, Laws of Florida, is amended to
  620  read:
  621         705.103 Procedure for abandoned or lost property.—
  622         (2)(a)1. Whenever a law enforcement officer ascertains
  623  that:
  624         a. An article of lost or abandoned property other than a
  625  derelict vessel or a vessel declared a public nuisance pursuant
  626  to s. 327.73(1)(aa) is present on public property and is of such
  627  nature that it cannot be easily removed, the officer shall cause
  628  a notice to be placed upon such article in substantially the
  629  following form:
  630  
  631  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  632  PROPERTY. This property, to wit: ...(setting forth brief
  633  description)... is unlawfully upon public property known as
  634  ...(setting forth brief description of location)... and must be
  635  removed within 5 days; otherwise, it will be removed and
  636  disposed of pursuant to chapter 705, Florida Statutes. The owner
  637  will be liable for the costs of removal, storage, and
  638  publication of notice. Dated this: ...(setting forth the date of
  639  posting of notice)..., signed: ...(setting forth name, title,
  640  address, and telephone number of law enforcement officer)....
  641  
  642         b. A derelict vessel or a vessel declared a public nuisance
  643  pursuant to s. 327.73(1)(aa) is present on the waters of this
  644  state, the officer shall cause a notice to be placed upon such
  645  vessel in substantially the following form:
  646  
  647  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  648  VESSEL. This vessel, to wit: ...(setting forth brief description
  649  of location)... has been determined to be ...(derelict or a
  650  public nuisance)... and is unlawfully upon the waters of this
  651  state ...(setting forth brief description of location)... and
  652  must be removed within 21 days; otherwise, it will be removed
  653  and disposed of pursuant to chapter 705, Florida Statutes. The
  654  owner and other interested parties have the right to a hearing
  655  to challenge the determination that this vessel is derelict or
  656  otherwise in violation of the law. Please contact ...(contact
  657  information for person who can arrange for a hearing in
  658  accordance with this section)... The owner or the party
  659  determined to be legally responsible for the vessel being upon
  660  the waters of this state in a derelict condition or as a public
  661  nuisance will be liable for the costs of removal, destruction,
  662  and disposal if this vessel is not removed by the owner. Dated
  663  this: ...(setting forth the date of posting of notice)...,
  664  signed: ...(setting forth name, title, address, and telephone
  665  number of law enforcement officer)....
  666  
  667         2. The notices required under subparagraph 1. may not be
  668  less than 8 inches by 10 inches and must shall be sufficiently
  669  weatherproof to withstand normal exposure to the elements. In
  670  addition to posting, the law enforcement officer shall make a
  671  reasonable effort to ascertain the name and address of the
  672  owner. If such is reasonably available to the officer, she or he
  673  shall mail a copy of such notice to the owner on or before the
  674  date of posting. If the property is a motor vehicle as defined
  675  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  676  enforcement agency shall contact the Department of Highway
  677  Safety and Motor Vehicles in order to determine the name and
  678  address of the owner and any person who has filed a lien on the
  679  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  680  328.15. On receipt of this information, the law enforcement
  681  agency shall mail a copy of the notice by certified mail, return
  682  receipt requested, to the owner and to the lienholder, if any,
  683  except that a law enforcement officer who has issued a citation
  684  for a violation of s. 376.15 or s. 823.11 to the owner of a
  685  derelict vessel is not required to mail a copy of the notice by
  686  certified mail, return receipt requested, to the owner. For a
  687  derelict vessel or a vessel declared a public nuisance pursuant
  688  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  689  responsible party that he or she has a right to a hearing to
  690  dispute the determination that the vessel is derelict or
  691  otherwise in violation of the law. If a request for a hearing is
  692  made, a state agency shall follow the processes as set forth in
  693  s. 120.569. Local governmental entities shall follow the
  694  processes set forth in s. 120.569, except that a local judge,
  695  magistrate, or code enforcement officer may be designated to
  696  conduct such a hearing. If, at the end of 5 days after posting
  697  the notice in sub-subparagraph 1.a., or at the end of 21 days
  698  after posting the notice in sub-subparagraph 1.b., and mailing
  699  such notice, if required, the owner or any person interested in
  700  the lost or abandoned article or articles described has not
  701  removed the article or articles from public property or shown
  702  reasonable cause for failure to do so, and, in the case of a
  703  derelict vessel or a vessel declared a public nuisance pursuant
  704  to s. 327.73(1)(aa), has not requested a hearing in accordance
  705  with this section, the following shall apply:
  706         a. For abandoned property other than a derelict vessel or a
  707  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  708  the law enforcement agency may retain any or all of the property
  709  for its own use or for use by the state or unit of local
  710  government, trade such property to another unit of local
  711  government or state agency, donate the property to a charitable
  712  organization, sell the property, or notify the appropriate
  713  refuse removal service.
  714         b. For a derelict vessel or a vessel declared a public
  715  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  716  agency or its designee may:
  717         (I) Remove the vessel from the waters of this state and
  718  destroy and dispose of the vessel or authorize another
  719  governmental entity or its designee to do so; or
  720         (II) Authorize the vessel’s use as an artificial reef in
  721  accordance with s. 379.249 if all necessary federal, state, and
  722  local authorizations are received.
  723  
  724  A law enforcement agency or its designee may also take action as
  725  described in this sub-subparagraph if, following a hearing
  726  pursuant to this section, the judge, magistrate, administrative
  727  law judge, or hearing officer has determined the vessel to be
  728  derelict as provided in s. 823.11 or otherwise in violation of
  729  the law in accordance with s. 327.73(1)(aa) and a final order
  730  has been entered or the case is otherwise closed.
  731         Section 12. Present subsections (4), (5), and (6) of
  732  section 823.11, Florida Statutes, are redesignated as
  733  subsections (5), (6), and (7), respectively, a new subsection
  734  (4) is added to that section, and subsection (1), paragraph (c)
  735  of subsection (2), subsection (3), and present subsections (5)
  736  and (6) of that section are amended, to read:
  737         823.11 Derelict vessels; relocation or removal; penalty.—
  738         (1) As used in this section and s. 376.15, the term:
  739         (a) “Commission” means the Fish and Wildlife Conservation
  740  Commission.
  741         (b) “Derelict vessel” means a vessel, as defined in s.
  742  327.02, that is:
  743         1. In a wrecked, junked, or substantially dismantled
  744  condition upon any waters of this state.
  745         a. A vessel is wrecked if it is sunken or sinking; aground
  746  without the ability to extricate itself absent mechanical
  747  assistance; or remaining after a marine casualty, including, but
  748  not limited to, a boating accident, extreme weather, or a fire.
  749         b. A vessel is junked if it has been substantially stripped
  750  of vessel components, if vessel components have substantially
  751  degraded or been destroyed, or if the vessel has been discarded
  752  by the owner or operator. Attaching an outboard motor to a
  753  vessel that is otherwise junked will not cause the vessel to no
  754  longer be junked if such motor is not an effective means of
  755  propulsion as required by s. 327.4107(2)(e) and associated
  756  rules.
  757         c. A vessel is substantially dismantled if at least two of
  758  the three following vessel systems or components are missing,
  759  compromised, incomplete, inoperable, or broken:
  760         (I) The steering system;
  761         (II) The propulsion system; or
  762         (III) The exterior hull integrity.
  763  
  764  Attaching an outboard motor to a vessel that is otherwise
  765  substantially dismantled will not cause the vessel to no longer
  766  be substantially dismantled if such motor is not an effective
  767  means of propulsion as required by s. 327.4107(2)(e) and
  768  associated rules.
  769         2. At a port in this state without the consent of the
  770  agency having jurisdiction thereof.
  771         3. Docked, grounded, or beached upon the property of
  772  another without the consent of the owner of the property.
  773         (c) “Gross negligence” means conduct so reckless or wanting
  774  in care that it constitutes a conscious disregard or
  775  indifference to the safety of the property exposed to such
  776  conduct.
  777         (d) “Willful misconduct” means conduct evidencing
  778  carelessness or negligence of such a degree or recurrence as to
  779  manifest culpability, wrongful intent, or evil design or to show
  780  an intentional and substantial disregard of the interests of the
  781  vessel owner.
  782         (2)
  783         (c) The additional time provided in subparagraph (b)2. for
  784  an owner or responsible party to remove a derelict vessel from
  785  the waters of this state or to repair and remedy the vessel’s
  786  derelict condition This subsection does not apply to a vessel
  787  that was derelict upon the waters of this state before the
  788  stated accident or event.
  789         (3) The commission, an officer of the commission, or a law
  790  enforcement agency or officer specified in s. 327.70 may
  791  relocate, remove, and store, destroy, or dispose of or cause to
  792  be relocated, removed, and stored, destroyed, or disposed of a
  793  derelict vessel from waters of this state as defined in s.
  794  327.02 if the derelict vessel obstructs or threatens to obstruct
  795  navigation or in any way constitutes a danger to the
  796  environment, property, or persons. The commission, an officer of
  797  the commission, or any other law enforcement agency or officer
  798  acting pursuant to this subsection to relocate, remove, and
  799  store, destroy, dispose of or cause to be relocated, removed,
  800  and stored, destroyed, or disposed of a derelict vessel from
  801  waters of this state shall be held harmless for all damages to
  802  the derelict vessel resulting from such action unless the damage
  803  results from gross negligence or willful misconduct.
  804         (a) Removal of derelict vessels under this subsection may
  805  be funded by grants provided in ss. 206.606 and 376.15. The
  806  commission shall implement a plan for the procurement of any
  807  available federal disaster funds and use such funds for the
  808  removal of derelict vessels.
  809         (b) All costs, including costs owed to a third party,
  810  incurred by the commission, another law enforcement agency, or a
  811  governmental subdivision, when the governmental subdivision has
  812  received authorization from a law enforcement officer or agency,
  813  in the relocation, removal, storage, destruction, or disposal of
  814  a derelict vessel are recoverable against the vessel owner or
  815  the party determined to be legally responsible for the vessel
  816  being upon the waters of this state in a derelict condition. The
  817  Department of Legal Affairs shall represent the commission in
  818  actions to recover such costs. As provided in s. 705.103(4), a
  819  person who neglects or refuses to pay such costs may not be
  820  issued a certificate of registration for such vessel or for any
  821  other vessel or motor vehicle until such costs have been paid. A
  822  person who has neglected or refused to pay all costs of removal,
  823  storage, destruction, or disposal of a derelict vessel as
  824  provided in this section, after having been provided written
  825  notice via certified mail that such costs are owed, and who
  826  applies for and is issued a registration for a vessel or motor
  827  vehicle before such costs have been paid in full commits a
  828  misdemeanor of the first degree, punishable as provided in s.
  829  775.082 or s. 775.083.
  830         (b)(c) A contractor performing such activities at the
  831  direction of the commission, an officer of the commission, a law
  832  enforcement agency or officer, or a governmental subdivision,
  833  when the governmental subdivision has received authorization for
  834  the relocation or removal from a law enforcement officer or
  835  agency, pursuant to this section must be licensed in accordance
  836  with applicable United States Coast Guard regulations where
  837  required; obtain and carry in full force and effect a policy
  838  from a licensed insurance carrier in this state to insure
  839  against any accident, loss, injury, property damage, or other
  840  casualty caused by or resulting from the contractor’s actions;
  841  and be properly equipped to perform the services to be provided.
  842         (4)(a)Removal of derelict vessels under this subsection
  843  may be funded by grants provided in s. 206.606.
  844         (b)The commission may implement a plan for the procurement
  845  of any available federal disaster funds and use such funds for
  846  the removal of derelict vessels.
  847         (c)The commission may establish a program to provide
  848  grants to local governments for the removal, storage,
  849  destruction, and disposal of derelict vessels from the waters of
  850  this state. This grant funding may also be used for the removal,
  851  storage, destruction, and disposal of vessels declared a public
  852  nuisance pursuant to s. 327.73(1)(aa). The program must be
  853  funded from the Marine Resources Conservation Trust Fund or the
  854  Florida Coastal Protection Trust Fund. Notwithstanding s.
  855  216.181(11), funds available for these grants may only be
  856  authorized by appropriations acts of the Legislature. In a given
  857  fiscal year, if all funds appropriated pursuant to this
  858  paragraph are not requested by and granted to local governments
  859  for the removal, storage, destruction, and disposal of derelict
  860  vessels or vessels declared a public nuisance pursuant to s.
  861  327.73(1)(aa) by the end of the third quarter, the Fish and
  862  Wildlife Conservation Commission may use the remainder of the
  863  funds to remove, store, destroy, and dispose of, or to pay
  864  private contractors to remove, store, destroy, and dispose of,
  865  derelict vessels or vessels declared a public nuisance pursuant
  866  to s. 327.73(1)(aa). The commission shall adopt by rule
  867  procedures for local governments to submit a grant application
  868  and criteria for allocating available funds. Such criteria must
  869  include, at a minimum, the following:
  870         1.The number of derelict vessels within the jurisdiction
  871  of the applicant.
  872         2.The threat posed by such vessels to public health or
  873  safety, the environment, navigation, or the aesthetic condition
  874  of the general vicinity.
  875         3.The degree of commitment of the local government to
  876  maintain waters free of abandoned and derelict vessels and to
  877  seek legal action against those who abandon vessels in the
  878  waters of this state as defined in s. 327.02.
  879         (6)(5) A person, firm, or corporation violating this
  880  section commits a misdemeanor of the first degree and shall be
  881  punished as provided by law. A conviction under this section
  882  does not bar the assessment and collection of a the civil
  883  penalty provided in s. 376.16 for violation of s. 376.15. The
  884  court having jurisdiction over the criminal offense,
  885  notwithstanding any jurisdictional limitations on the amount in
  886  controversy, may order the imposition of such civil penalty in
  887  addition to any sentence imposed for the first criminal offense.
  888         (7)(6) If an owner or a responsible party of a vessel
  889  determined to be derelict through an administrative or criminal
  890  proceeding has been charged by an officer of the commission or
  891  any law enforcement agency or officer as specified in s. 327.70
  892  under subsection (6) (5) for a violation of subsection (2) or a
  893  violation of s. 376.15(2), a person may not reside or dwell on
  894  such vessel until the vessel is removed from the waters of the
  895  state permanently or returned to the waters of the state in a
  896  condition that is no longer derelict.
  897         Section 13. Paragraph (p) of subsection (4) of section
  898  934.50, Florida Statutes, is amended to read:
  899         934.50 Searches and seizure using a drone.—
  900         (4) EXCEPTIONS.—This section does not prohibit the use of a
  901  drone:
  902         (p) By an a non-law enforcement employee of the Fish and
  903  Wildlife Conservation Commission or of the Florida Forest
  904  Service for the purposes of managing and eradicating invasive
  905  exotic plants or animals on public lands and suppressing and
  906  mitigating wildfire threats.
  907         Section 14. Section 327.04, Florida Statutes, is amended to
  908  read:
  909         327.04 Rules.—The commission may adopt rules pursuant to
  910  ss. 120.536(1) and 120.54 to implement this chapter, the
  911  provisions of chapter 705 relating to vessels, and s. ss. 376.15
  912  and 823.11 conferring powers or duties upon it.
  913         Section 15. Subsection (4) of section 328.09, Florida
  914  Statutes, is amended to read:
  915         328.09 Refusal to issue and authority to cancel a
  916  certificate of title or registration.—
  917         (4) The department may not issue a certificate of title to
  918  an applicant for a vessel that has been deemed derelict or a
  919  public nuisance by a law enforcement officer under s.
  920  327.73(1)(aa) or s. 376.15 or s. 823.11. A law enforcement
  921  officer must inform the department in writing, which may be
  922  provided by facsimile, e-mail electronic mail, or other
  923  electronic means, of the vessel’s derelict or public nuisance
  924  status and supply the department with the vessel title number or
  925  vessel identification number. The department may issue a
  926  certificate of title once a law enforcement officer has verified
  927  in writing, which may be provided by facsimile, e-mail
  928  electronic mail, or other electronic means, that the vessel is
  929  no longer a derelict or public nuisance vessel.
  930         Section 16. Section 25 of chapter 2021-184, Laws of
  931  Florida, is repealed.
  932         Section 17. Paragraph (c) of subsection (15) of section
  933  328.72, Florida Statutes, is amended to read:
  934         328.72 Classification; registration; fees and charges;
  935  surcharge; disposition of fees; fines; marine turtle stickers.—
  936         (15) DISTRIBUTION OF FEES.—Except as provided in this
  937  subsection, moneys designated for the use of the counties, as
  938  specified in subsection (1), shall be distributed by the tax
  939  collector to the board of county commissioners for use only as
  940  provided in this section. Such moneys to be returned to the
  941  counties are for the sole purposes of providing, maintaining, or
  942  operating recreational channel marking and other uniform
  943  waterway markers, public boat ramps, lifts, and hoists, marine
  944  railways, boat piers, docks, mooring buoys, and other public
  945  launching facilities; and removing derelict vessels, debris that
  946  specifically impedes boat access, not including the dredging of
  947  channels, and vessels and floating structures deemed a hazard to
  948  public safety and health for failure to comply with s. 327.53.
  949  Counties shall demonstrate through an annual detailed accounting
  950  report of vessel registration revenues that the registration
  951  fees were spent as provided in this subsection. This report
  952  shall be provided to the Fish and Wildlife Conservation
  953  Commission no later than November 1 of each year. If, before
  954  January 1 of each calendar year, the accounting report meeting
  955  the prescribed criteria has still not been provided to the
  956  commission, the tax collector of that county may not distribute
  957  the moneys designated for the use of counties, as specified in
  958  subsection (1), to the board of county commissioners but shall,
  959  for the next calendar year, remit such moneys to the state for
  960  deposit into the Marine Resources Conservation Trust Fund. The
  961  commission shall return those moneys to the county if the county
  962  fully complies with this section within that calendar year. If
  963  the county does not fully comply with this section within that
  964  calendar year, the moneys shall remain within the Marine
  965  Resources Trust Fund and may be appropriated for the purposes
  966  specified in this subsection.
  967         (c) From the vessel registration fees designated for use by
  968  the counties in subsection (1), the following amounts shall be
  969  remitted to the state for deposit into the Marine Resources
  970  Conservation Trust Fund to fund derelict vessel removal grants,
  971  as appropriated by the Legislature pursuant to s. 823.11(4)(c)
  972  s. 376.15:
  973         1. Class A-2: $0.25 for each 12-month period registered.
  974         2. Class 1: $2.06 for each 12-month period registered.
  975         3. Class 2: $9.26 for each 12-month period registered.
  976         4. Class 3: $16.45 for each 12-month period registered.
  977         5. Class 4: $20.06 for each 12-month period registered.
  978         6. Class 5: $25.46 for each 12-month period registered.
  979         Section 18. Paragraph (h) of subsection (6) of section
  980  376.11, Florida Statutes, is amended to read:
  981         376.11 Florida Coastal Protection Trust Fund.—
  982         (6) Moneys in the Florida Coastal Protection Trust Fund may
  983  be used for the following purposes:
  984         (h) The funding of a grant program to local governments,
  985  pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the
  986  removal of derelict and public nuisance vessels from the public
  987  waters of the state.
  988         Section 19. For the purpose of incorporating the amendment
  989  made by this act to section 327.371, Florida Statutes, in a
  990  reference thereto, paragraph (dd) of subsection (1) of section
  991  327.73, Florida Statutes, is reenacted to read:
  992         327.73 Noncriminal infractions.—
  993         (1) Violations of the following provisions of the vessel
  994  laws of this state are noncriminal infractions:
  995         (dd) Section 327.371, relating to the regulation of human
  996  powered vessels.
  997  
  998  Any person cited for a violation of any provision of this
  999  subsection shall be deemed to be charged with a noncriminal
 1000  infraction, shall be cited for such an infraction, and shall be
 1001  cited to appear before the county court. The civil penalty for
 1002  any such infraction is $50, except as otherwise provided in this
 1003  section. Any person who fails to appear or otherwise properly
 1004  respond to a uniform boating citation shall, in addition to the
 1005  charge relating to the violation of the boating laws of this
 1006  state, be charged with the offense of failing to respond to such
 1007  citation and, upon conviction, be guilty of a misdemeanor of the
 1008  second degree, punishable as provided in s. 775.082 or s.
 1009  775.083. A written warning to this effect shall be provided at
 1010  the time such uniform boating citation is issued.
 1011         Section 20. For the purpose of incorporating the amendment
 1012  made by this act to section 379.101, Florida Statutes, in a
 1013  reference thereto, subsection (4) of section 125.01, Florida
 1014  Statutes, is reenacted to read:
 1015         125.01 Powers and duties.—
 1016         (4) The legislative and governing body of a county shall
 1017  not have the power to regulate the taking or possession of
 1018  saltwater fish, as defined in s. 379.101, with respect to the
 1019  method of taking, size, number, season, or species. However,
 1020  this subsection does not prohibit a county from prohibiting, for
 1021  reasons of protecting the public health, safety, or welfare,
 1022  saltwater fishing from real property owned by that county, nor
 1023  does it prohibit the imposition of excise taxes by county
 1024  ordinance.
 1025         Section 21. For the purpose of incorporating the amendment
 1026  made by this act to section 379.101, Florida Statutes, in a
 1027  reference thereto, section 379.2412, Florida Statutes, is
 1028  reenacted to read:
 1029         379.2412 State preemption of power to regulate.—The power
 1030  to regulate the taking or possession of saltwater fish, as
 1031  defined in s. 379.101, is expressly reserved to the state. This
 1032  section does not prohibit a local government from prohibiting,
 1033  for reasons of protecting the public health, safety, or welfare,
 1034  saltwater fishing from real property owned by that local
 1035  government.
 1036         Section 22. Except as otherwise expressly provided in this
 1037  act, this act shall take effect July 1, 2022.