ENROLLED
       2022 Legislature             CS for CS for SB 494, 2nd Engrossed
       
       
       
       
       
       
                                                              2022494er
    1  
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending s. 259.105, F.S.; providing
    4         legislative findings; requiring lead land managing
    5         agencies, in consultation with the Fish and Wildlife
    6         Conservation Commission, to consider the use of state
    7         lands as gopher tortoise recipient sites in certain
    8         management plans; requiring certain management plans
    9         to include feasibility assessments for managing gopher
   10         tortoise recipient sites; authorizing owners of
   11         certain lands to establish gopher tortoise recipient
   12         sites or conservation banks on the lands under certain
   13         conditions; requiring the commission to streamline and
   14         improve the review of gopher tortoise recipient site
   15         applications and approve or deny such applications
   16         within a specified timeframe; requiring the
   17         commission, subject to appropriation, to encourage the
   18         establishment of gopher tortoise recipient sites on
   19         private lands and to create an online dashboard for
   20         certain gopher tortoise recipient site information;
   21         requiring the commission to submit a report on gopher
   22         tortoise recipient sites to the Legislature by a
   23         specified date; providing report requirements;
   24         amending ss. 327.352 and 327.35215, F.S.; revising the
   25         notices a person must be given for failure to submit
   26         to certain tests for alcohol, chemical substances, or
   27         controlled substances; making technical changes;
   28         amending s. 327.371, F.S.; authorizing individuals,
   29         when participating in certain athletic team practices
   30         or competitions, to operate a human-powered vessel
   31         within the marked channel of the Florida Intracoastal
   32         Waterway under certain circumstances; requiring the
   33         commission to be notified of any such competition;
   34         providing notice requirements; amending s. 327.4107,
   35         F.S.; revising the vessel conditions that an officer
   36         of the commission or a law enforcement agency may use
   37         to determine that a vessel is at risk of becoming
   38         derelict; amending s. 327.46, F.S.; prohibiting
   39         municipalities and counties from designating certain
   40         waters adjacent to designated public bathing beaches
   41         or swim areas as vessel exclusion zones; repealing s.
   42         376.15, F.S., relating to derelict vessels and the
   43         relocation and removal of such vessels from the waters
   44         of this state; amending s. 379.101, F.S.; revising the
   45         definitions of the terms “marine fish” and “saltwater
   46         fish”; amending s. 705.101, F.S.; revising the
   47         definition of the term “abandoned property” to include
   48         vessels declared to be a public nuisance; amending s.
   49         705.103, F.S.; clarifying the notice requirements and
   50         procedures for vessels declared to be public
   51         nuisances; conforming a provision to changes made by
   52         the act; amending s. 823.11, F.S.; making technical
   53         changes; authorizing the commission to establish a
   54         program to provide grants to local governments for
   55         certain actions regarding derelict vessels and those
   56         declared to be a public nuisance; specifying sources
   57         for the funds to be used, subject to an appropriation;
   58         authorizing the commission to use funds not awarded as
   59         grants for certain purposes; requiring the commission
   60         to adopt rules for the grant applications and the
   61         criteria for allocating the funds; conforming
   62         provisions to changes made by the act; amending s.
   63         934.50, F.S.; providing that all employees of the
   64         commission or the Florida Forest Service may operate
   65         drones for specified purposes; amending ss. 327.04,
   66         328.09, 328.72, and 376.11, F.S.; conforming
   67         provisions to changes made by the act; repealing s.
   68         25, chapter 2021-184, Laws of Florida, relating to
   69         derelict vessels; reenacting s. 327.73(1)(dd), F.S.,
   70         relating to noncriminal boating infractions, to
   71         incorporate the amendment made to s. 327.371, F.S., in
   72         a reference thereto; reenacting ss. 125.01(4) and
   73         379.2412, F.S., relating to powers and duties of
   74         legislative and governing bodies of counties and state
   75         preemption of the regulating of taking or possessing
   76         saltwater fish, respectively, to incorporate the
   77         amendment made to s. 379.101, F.S., in references
   78         thereto; providing effective dates.
   79          
   80  Be It Enacted by the Legislature of the State of Florida:
   81  
   82         Section 1. Paragraphs (a) and (b) of subsection (2) of
   83  section 259.105, Florida Statutes, are amended to read:
   84         259.105 The Florida Forever Act.—
   85         (2)(a) The Legislature finds and declares that:
   86         1. Land acquisition programs have provided tremendous
   87  financial resources for purchasing environmentally significant
   88  lands to protect those lands from imminent development or
   89  alteration, thereby ensuring present and future generations’
   90  access to important waterways, open spaces, and recreation and
   91  conservation lands.
   92         2. The continued alteration and development of the state’s
   93  natural and rural areas to accommodate the state’s growing
   94  population have contributed to the degradation of water
   95  resources, the fragmentation and destruction of wildlife
   96  habitats, the loss of outdoor recreation space, and the
   97  diminishment of wetlands, forests, working landscapes, and
   98  coastal open space.
   99         3. The potential development of the state’s remaining
  100  natural areas and escalation of land values require government
  101  efforts to restore, bring under public protection, or acquire
  102  lands and water areas to preserve the state’s essential
  103  ecological functions and invaluable quality of life.
  104         4. It is essential to protect the state’s ecosystems by
  105  promoting a more efficient use of land, to ensure opportunities
  106  for viable agricultural activities on working lands, and to
  107  promote vital rural and urban communities that support and
  108  produce development patterns consistent with natural resource
  109  protection.
  110         5. The state’s groundwater, surface waters, and springs are
  111  under tremendous pressure due to population growth and economic
  112  expansion and require special protection and restoration
  113  efforts, including the protection of uplands and springsheds
  114  that provide vital recharge to aquifer systems and are critical
  115  to the protection of water quality and water quantity of the
  116  aquifers and springs. To ensure that sufficient quantities of
  117  water are available to meet the current and future needs of the
  118  natural systems and citizens of the state, and assist in
  119  achieving the planning goals of the department and the water
  120  management districts, water resource development projects on
  121  public lands, if compatible with the resource values of and
  122  management objectives for the lands, are appropriate.
  123         6. The needs of urban, suburban, and small communities in
  124  the state for high-quality outdoor recreational opportunities,
  125  greenways, trails, and open space have not been fully met by
  126  previous acquisition programs. Through such programs as the
  127  Florida Communities Trust and the Florida Recreation Development
  128  Assistance Program, the state shall place additional emphasis on
  129  acquiring, protecting, preserving, and restoring open space,
  130  ecological greenways, and recreation properties within urban,
  131  suburban, and rural areas where pristine natural communities or
  132  water bodies no longer exist because of the proximity of
  133  developed property.
  134         7. Many of the state’s unique ecosystems, such as the
  135  Florida Everglades, are facing ecological collapse due to the
  136  state’s burgeoning population growth and other economic
  137  activities. To preserve these valuable ecosystems for future
  138  generations, essential parcels of land must be acquired to
  139  facilitate ecosystem restoration.
  140         8. Access to public lands to support a broad range of
  141  outdoor recreational opportunities and the development of
  142  necessary infrastructure, if compatible with the resource values
  143  of and management objectives for such lands, promotes an
  144  appreciation for the state’s natural assets and improves the
  145  quality of life.
  146         9. Acquisition of lands, in fee simple, less than fee
  147  interest, or other techniques shall be based on a comprehensive
  148  science-based assessment of the state’s natural resources which
  149  targets essential conservation lands by prioritizing all current
  150  and future acquisitions based on a uniform set of data and
  151  planned so as to protect the integrity and function of
  152  ecological systems and working landscapes, and provide multiple
  153  benefits, including preservation of fish and wildlife habitat,
  154  recreation space for urban and rural areas, and the restoration
  155  of natural water storage, flow, and recharge.
  156         10. The state has embraced performance-based program
  157  budgeting as a tool to evaluate the achievements of publicly
  158  funded agencies, build in accountability, and reward those
  159  agencies which are able to consistently achieve quantifiable
  160  goals. While previous and existing state environmental programs
  161  have achieved varying degrees of success, few of these programs
  162  can be evaluated as to the extent of their achievements,
  163  primarily because performance measures, standards, outcomes, and
  164  goals were not established at the outset. Therefore, the Florida
  165  Forever program shall be developed and implemented in the
  166  context of measurable state goals and objectives.
  167         11.a. The state must play a major role in the recovery and
  168  management of its imperiled species through the acquisition,
  169  restoration, enhancement, and management of ecosystems that can
  170  support the major life functions of such species. It is the
  171  intent of the Legislature to support local, state, and federal
  172  programs that result in net benefit to imperiled species habitat
  173  by providing public and private land owners meaningful
  174  incentives for acquiring, restoring, managing, and repopulating
  175  habitats for imperiled species. It is the further intent of the
  176  Legislature that public lands, both existing and to be acquired,
  177  identified by the lead land managing agency, in consultation
  178  with the Fish and Wildlife Conservation Commission for animals
  179  or the Department of Agriculture and Consumer Services for
  180  plants, as habitat or potentially restorable habitat for
  181  imperiled species, be restored, enhanced, managed, and
  182  repopulated as habitat for such species to advance the goals and
  183  objectives of imperiled species management for conservation,
  184  recreation, or both, consistent with the land management plan
  185  without restricting other uses identified in the management
  186  plan. It is also the intent of the Legislature that of the
  187  proceeds distributed pursuant to subsection (3), additional
  188  consideration be given to acquisitions that achieve a
  189  combination of conservation goals, including the restoration,
  190  enhancement, management, or repopulation of habitat for
  191  imperiled species. The council, in addition to the criteria in
  192  subsection (9), shall give weight to projects that include
  193  acquisition, restoration, management, or repopulation of habitat
  194  for imperiled species. The term “imperiled species” as used in
  195  this chapter and chapter 253, means plants and animals that are
  196  federally listed under the Endangered Species Act, or state
  197  listed by the Fish and Wildlife Conservation Commission or the
  198  Department of Agriculture and Consumer Services. As part of the
  199  state’s role, all state lands that have imperiled species
  200  habitat shall include as a consideration in management plan
  201  development the restoration, enhancement, management, and
  202  repopulation of such habitats. In addition, the lead land
  203  managing agency of such state lands may use fees received from
  204  public or private entities for projects to offset adverse
  205  impacts to imperiled species or their habitat in order to
  206  restore, enhance, manage, repopulate, or acquire land and to
  207  implement land management plans developed under s. 253.034 or a
  208  land management prospectus developed and implemented under this
  209  chapter. Such fees shall be deposited into a foundation or fund
  210  created by each land management agency under s. 379.223, s.
  211  589.012, or s. 259.032(9)(c), to be used solely to restore,
  212  manage, enhance, repopulate, or acquire imperiled species
  213  habitat.
  214         b. The Legislature recognizes that there have been
  215  geographical and capacity constraints on available gopher
  216  tortoise recipient sites that have coincided with increased
  217  demands for such sites. The Legislature also recognizes that the
  218  success of gopher tortoise conservation depends on participation
  219  by privately owned lands and the use of appropriate public lands
  220  for gopher tortoise and other imperiled species management and
  221  recovery. To encourage adequate capacity for relocating gopher
  222  tortoises, each lead land managing agency, in consultation with
  223  the Fish and Wildlife Conservation Commission, shall consider
  224  the feasibility of using a portion of state lands as a gopher
  225  tortoise recipient site in management plans for all state lands
  226  under the management of the agency that are greater than 40
  227  contiguous acres. If the lead land managing agency, in
  228  consultation with the Fish and Wildlife Conservation Commission,
  229  determines that gopher tortoise recipient site management does
  230  not conflict with the primary management objectives of the
  231  lands, the management plan must contain a component prepared by
  232  the agency or cooperatively with a Fish and Wildlife
  233  Conservation Commission wildlife biologist that assesses the
  234  feasibility of managing the lands as a recipient site for gopher
  235  tortoises consistent with rules of the Fish and Wildlife
  236  Conservation Commission. The feasibility assessment by the lead
  237  land managing agency must also evaluate the economic feasibility
  238  of establishing a gopher tortoise recipient site, including the
  239  initial cost and recurring management costs of operating the
  240  gopher tortoise recipient site consistent with the rules of the
  241  Fish and Wildlife Conservation Commission and the revenue
  242  projections necessary to ensure the initial and recurring costs
  243  of establishing and perpetually maintaining the gopher tortoise
  244  recipient site do not create an increased recurring expense for
  245  the agency.
  246         12. There is a need to change the focus and direction of
  247  the state’s major land acquisition programs and to extend
  248  funding and bonding capabilities, so that future generations may
  249  enjoy the natural resources of this state.
  250         (b) The Legislature recognizes that acquisition of lands in
  251  fee simple is only one way to achieve the aforementioned goals
  252  and encourages the use of less-than-fee interests, other
  253  techniques, and the development of creative partnerships between
  254  governmental agencies and private landowners. Such partnerships
  255  may include those that advance the restoration, enhancement,
  256  management, or repopulation of imperiled species habitat on
  257  state lands as provided for in subparagraph (a)11. Easements
  258  acquired pursuant to s. 570.71(2)(a) and (b), land protection
  259  agreements, and nonstate funded tools such as rural land
  260  stewardship areas, sector planning, gopher tortoise recipient
  261  sites, and mitigation should be used, where appropriate, to
  262  bring environmentally sensitive tracts under an acceptable level
  263  of protection at a lower financial cost to the public, and to
  264  provide private landowners with the opportunity to enjoy and
  265  benefit from their property. The owner of lands where a
  266  conservation easement or other less-than-fee interest has been
  267  acquired by the board or another state agency or a regional or
  268  local government may establish a recipient site or conservation
  269  bank on the lands to advance the restoration, enhancement,
  270  management, or repopulation of imperiled species habitat so long
  271  as the recipient site or operation and maintenance of the
  272  conservation bank does not interfere with the management plan
  273  for the conservation easement and the landowner complies with
  274  all state and federal permitting requirements for the recipient
  275  site or conservation bank.
  276         Section 2. (1) By December 31, 2022, the Fish and Wildlife
  277  Conservation Commission shall streamline and improve the review
  278  of applications for public and private gopher tortoise recipient
  279  sites. Requests for additional information must be received by
  280  the applicant within 45 days after receipt of an application and
  281  the commission shall approve or deny a complete application
  282  within 45 days after receipt of such application.
  283         (2)By October 31, 2023, subject to appropriation, the Fish
  284  and Wildlife Conservation Commission shall:
  285         (a) Establish an ongoing effort to encourage the
  286  establishment of new gopher tortoise recipient sites on private
  287  lands throughout the state; and
  288         (b) Update its permitting systems to create an online
  289  dashboard to show permitted and available capacity for
  290  reservations in permitted gopher tortoise recipient sites to
  291  assist with the efficient relocation of gopher tortoises.
  292         (3) By February 1, 2023, the Fish and Wildlife Conservation
  293  Commission shall submit a report to the President of the Senate
  294  and the Speaker of the House of Representatives that includes
  295  the following information:
  296         (a) The progress made in establishing new private and
  297  public gopher tortoise recipient sites;
  298         (b) The average time it takes to approve or deny a
  299  recipient site application once a complete application is
  300  received;
  301         (c) Any federal action taken to modify the listing of the
  302  gopher tortoise under the Endangered Species Act; and
  303         (d) Any other information relevant to the gopher tortoise
  304  conservation program.
  305         Section 3. Paragraphs (a) and (c) of subsection (1) of
  306  section 327.352, Florida Statutes, are amended to read:
  307         327.352 Tests for alcohol, chemical substances, or
  308  controlled substances; implied consent; refusal.—
  309         (1)(a)1. The Legislature declares that the operation of a
  310  vessel is a privilege that must be exercised in a reasonable
  311  manner. In order to protect the public health and safety, it is
  312  essential that a lawful and effective means of reducing the
  313  incidence of boating while impaired or intoxicated be
  314  established. Therefore, a person who accepts the privilege
  315  extended by the laws of this state of operating a vessel within
  316  this state is, by operating such vessel, deemed to have given
  317  his or her consent to submit to an approved chemical test or
  318  physical test including, but not limited to, an infrared light
  319  test of his or her breath for the purpose of determining the
  320  alcoholic content of his or her blood or breath if the person is
  321  lawfully arrested for any offense allegedly committed while the
  322  person was operating a vessel while under the influence of
  323  alcoholic beverages. The chemical or physical breath test must
  324  be incidental to a lawful arrest and administered at the request
  325  of a law enforcement officer who has reasonable cause to believe
  326  such person was operating the vessel within this state while
  327  under the influence of alcoholic beverages. The administration
  328  of a breath test does not preclude the administration of another
  329  type of test. The person shall be told that his or her failure
  330  to submit to any lawful test of his or her breath under this
  331  chapter will result in a civil penalty of $500, and shall also
  332  be told that if he or she refuses to submit to a lawful test of
  333  his or her breath and he or she has been previously fined under
  334  s. 327.35215 or has previously had his or her driving privilege
  335  has been previously driver license suspended for refusal to
  336  submit to any lawful test of his or her breath, urine, or blood,
  337  he or she commits a misdemeanor of the first degree, punishable
  338  as provided in s. 775.082 or s. 775.083, in addition to any
  339  other penalties provided by law. The refusal to submit to a
  340  chemical or physical breath test upon the request of a law
  341  enforcement officer as provided in this section is admissible
  342  into evidence in any criminal proceeding.
  343         2. A person who accepts the privilege extended by the laws
  344  of this state of operating a vessel within this state is, by
  345  operating such vessel, deemed to have given his or her consent
  346  to submit to a urine test for the purpose of detecting the
  347  presence of chemical substances as set forth in s. 877.111 or
  348  controlled substances if the person is lawfully arrested for any
  349  offense allegedly committed while the person was operating a
  350  vessel while under the influence of chemical substances or
  351  controlled substances. The urine test must be incidental to a
  352  lawful arrest and administered at a detention facility or any
  353  other facility, mobile or otherwise, which is equipped to
  354  administer such tests at the request of a law enforcement
  355  officer who has reasonable cause to believe such person was
  356  operating a vessel within this state while under the influence
  357  of chemical substances or controlled substances. The urine test
  358  must shall be administered at a detention facility or any other
  359  facility, mobile or otherwise, which is equipped to administer
  360  such test in a reasonable manner that will ensure the accuracy
  361  of the specimen and maintain the privacy of the individual
  362  involved. The administration of a urine test does not preclude
  363  the administration of another type of test. The person shall be
  364  told that his or her failure to submit to any lawful test of his
  365  or her urine under this chapter will result in a civil penalty
  366  of $500, and shall also be told that if he or she refuses to
  367  submit to a lawful test of his or her urine and he or she has
  368  been previously fined under s. 327.35215 or has previously had
  369  his or her driving privilege has been previously driver license
  370  suspended for refusal to submit to any lawful test of his or her
  371  breath, urine, or blood, he or she commits a misdemeanor of the
  372  first degree, punishable as provided in s. 775.082 or s.
  373  775.083, in addition to any other penalties provided by law. The
  374  refusal to submit to a urine test upon the request of a law
  375  enforcement officer as provided in this section is admissible
  376  into evidence in any criminal proceeding.
  377         (c) A person who accepts the privilege extended by the laws
  378  of this state of operating a vessel within this state is, by
  379  operating such vessel, deemed to have given his or her consent
  380  to submit to an approved blood test for the purpose of
  381  determining the alcoholic content of the blood or a blood test
  382  for the purpose of determining the presence of chemical
  383  substances or controlled substances as provided in this section
  384  if there is reasonable cause to believe the person was operating
  385  a vessel while under the influence of alcoholic beverages or
  386  chemical or controlled substances and the person appears for
  387  treatment at a hospital, clinic, or other medical facility and
  388  the administration of a breath or urine test is impractical or
  389  impossible. As used in this paragraph, the term “other medical
  390  facility” includes an ambulance or other medical emergency
  391  vehicle. The blood test must shall be performed in a reasonable
  392  manner. A person who is incapable of refusal by reason of
  393  unconsciousness or other mental or physical condition is deemed
  394  not to have withdrawn his or her consent to such test. A person
  395  who is capable of refusal shall be told that his or her failure
  396  to submit to such a blood test will result in a civil penalty of
  397  $500. The refusal to submit to a blood test upon the request of
  398  a law enforcement officer is shall be admissible in evidence in
  399  any criminal proceeding.
  400         Section 4. Subsections (1) and (2) of section 327.35215,
  401  Florida Statutes, are amended to read:
  402         327.35215 Penalty for failure to submit to test.—
  403         (1) A person who is lawfully arrested for an alleged
  404  violation of s. 327.35 and who refuses to submit to a blood
  405  test, breath test, or urine test pursuant to s. 327.352 is
  406  subject to a civil penalty of $500.
  407         (2) When a person refuses to submit to a blood test, breath
  408  test, or urine test pursuant to s. 327.352, a law enforcement
  409  officer who is authorized to make arrests for violations of this
  410  chapter shall file with the clerk of the court, on a form
  411  provided by the commission department, a certified statement
  412  that probable cause existed to arrest the person for a violation
  413  of s. 327.35 and that the person refused to submit to a test as
  414  required by s. 327.352. Along with the statement, the officer
  415  shall must also submit a sworn statement on a form provided by
  416  the commission department that the person has been advised of
  417  both the penalties for failure to submit to the blood, breath,
  418  or urine test and the procedure for requesting a hearing.
  419         Section 5. Present paragraph (c) of subsection (1) of
  420  section 327.371, Florida Statutes, is redesignated as paragraph
  421  (d), and a new paragraph (c) is added to that subsection, to
  422  read:
  423         327.371 Human-powered vessels regulated.—
  424         (1) A person may operate a human-powered vessel within the
  425  boundaries of the marked channel of the Florida Intracoastal
  426  Waterway as defined in s. 327.02:
  427         (c) When participating in practices or competitions for
  428  interscholastic, intercollegiate, intramural, or club rowing
  429  teams affiliated with an educational institution identified in
  430  s. 1000.21, s. 1002.01(2), s. 1003.01(2), s. 1005.02(4), or s.
  431  1005.03(1)(d), if the adjacent area outside of the marked
  432  channel is not suitable for such practice or competition. The
  433  teams must use their best efforts to make use of the adjacent
  434  area outside of the marked channel. The commission must be
  435  notified in writing of the details of any such competition, and
  436  the notification must include, but need not be limited to, the
  437  date, time, and location of the competition.
  438         Section 6. Paragraph (f) is added to subsection (2) of
  439  section 327.4107, Florida Statutes, to read:
  440         327.4107 Vessels at risk of becoming derelict on waters of
  441  this state.—
  442         (2) An officer of the commission or of a law enforcement
  443  agency specified in s. 327.70 may determine that a vessel is at
  444  risk of becoming derelict if any of the following conditions
  445  exist:
  446         (f) The vessel is tied to an unlawful or unpermitted
  447  structure or mooring.
  448         Section 7. Paragraph (b) of subsection (1) of section
  449  327.46, Florida Statutes, is amended to read:
  450         327.46 Boating-restricted areas.—
  451         (1) Boating-restricted areas, including, but not limited
  452  to, restrictions of vessel speeds and vessel traffic, may be
  453  established on the waters of this state for any purpose
  454  necessary to protect the safety of the public if such
  455  restrictions are necessary based on boating accidents,
  456  visibility, hazardous currents or water levels, vessel traffic
  457  congestion, or other navigational hazards or to protect
  458  seagrasses on privately owned submerged lands.
  459         (b) Municipalities and counties may establish the following
  460  boating-restricted areas by ordinance, including,
  461  notwithstanding the prohibition in s. 327.60(2)(c), within the
  462  portion of the Florida Intracoastal Waterway within their
  463  jurisdiction:
  464         1. An ordinance establishing an idle speed, no wake
  465  boating-restricted area, if the area is:
  466         a. Within 500 feet of any boat ramp, hoist, marine railway,
  467  or other launching or landing facility available for use by the
  468  general boating public on waterways more than 300 feet in width
  469  or within 300 feet of any boat ramp, hoist, marine railway, or
  470  other launching or landing facility available for use by the
  471  general boating public on waterways not exceeding 300 feet in
  472  width.
  473         b. Within 500 feet of fuel pumps or dispensers at any
  474  marine fueling facility that sells motor fuel to the general
  475  boating public on waterways more than 300 feet in width or
  476  within 300 feet of the fuel pumps or dispensers at any licensed
  477  terminal facility that sells motor fuel to the general boating
  478  public on waterways not exceeding 300 feet in width.
  479         c. Inside or within 300 feet of any lock structure.
  480         2. An ordinance establishing a slow speed, minimum wake
  481  boating-restricted area if the area is:
  482         a. Within 300 feet of any bridge fender system.
  483         b. Within 300 feet of any bridge span presenting a vertical
  484  clearance of less than 25 feet or a horizontal clearance of less
  485  than 100 feet.
  486         c. On a creek, stream, canal, or similar linear waterway if
  487  the waterway is less than 75 feet in width from shoreline to
  488  shoreline.
  489         d. On a lake or pond of less than 10 acres in total surface
  490  area.
  491         e. Within the boundaries of a permitted public mooring
  492  field and a buffer around the mooring field of up to 100 feet.
  493         3. An ordinance establishing a vessel-exclusion zone if the
  494  area is:
  495         a. Designated as a public bathing beach or swim area,
  496  except that such areas may not be created on waters that include
  497  any portion of the Florida Intracoastal Waterway or that are
  498  within 100 feet of the marked channel of the Florida
  499  Intracoastal Waterway.
  500         b. Within 300 feet of a dam, spillway, or flood control
  501  structure.
  502  
  503  Vessel exclusion zones created pursuant to this subparagraph
  504  must be marked with uniform waterway markers permitted by the
  505  commission in accordance with this chapter. Such zones may not
  506  be marked by ropes.
  507         Section 8. Section 376.15, Florida Statutes, is repealed.
  508         Section 9. Subsections (22) and (34) of section 379.101,
  509  Florida Statutes, are amended to read:
  510         379.101 Definitions.—In construing these statutes, where
  511  the context does not clearly indicate otherwise, the word,
  512  phrase, or term:
  513         (22) “Marine fish” means any saltwater species of finfish
  514  of the classes Agnatha, Chondrichthyes, and Osteichthyes, and
  515  marine invertebrates of in the classes Gastropoda and, Bivalvia,
  516  the subphylum and Crustacea, or the phylum Echinodermata;
  517  however, the term but does not include nonliving shells or
  518  echinoderms.
  519         (34) “Saltwater fish” means:
  520         (a) Any saltwater species of finfish of the classes
  521  Agnatha, Chondrichthyes, or Osteichthyes and marine
  522  invertebrates of the classes Gastropoda and, Bivalvia, the
  523  subphylum or Crustacea, or of the phylum Echinodermata; however,
  524  the term but does not include nonliving shells or echinoderms;
  525  and
  526         (b) All classes of pisces, shellfish, sponges, and
  527  crustaceans crustacea native to salt water.
  528         Section 10. Subsection (3) of section 705.101, Florida
  529  Statutes, is amended to read:
  530         705.101 Definitions.—As used in this chapter:
  531         (3) “Abandoned property” means all tangible personal
  532  property that does not have an identifiable owner and that has
  533  been disposed on public property in a wrecked, inoperative, or
  534  partially dismantled condition or has no apparent intrinsic
  535  value to the rightful owner. The term includes derelict vessels
  536  as defined in s. 823.11 and vessels declared a public nuisance
  537  pursuant to s. 327.73(1)(aa).
  538         Section 11. Paragraph (a) of subsection (2) and subsection
  539  (4) of section 705.103, Florida Statutes, are amended to read:
  540         705.103 Procedure for abandoned or lost property.—
  541         (2)(a)1. Whenever a law enforcement officer ascertains
  542  that:
  543         a. An article of lost or abandoned property other than a
  544  derelict vessel or a vessel declared a public nuisance pursuant
  545  to s. 327.73(1)(aa) is present on public property and is of such
  546  nature that it cannot be easily removed, the officer shall cause
  547  a notice to be placed upon such article in substantially the
  548  following form:
  549  
  550  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  551  PROPERTY. This property, to wit: ...(setting forth brief
  552  description)... is unlawfully upon public property known as
  553  ...(setting forth brief description of location)... and must be
  554  removed within 5 days; otherwise, it will be removed and
  555  disposed of pursuant to chapter 705, Florida Statutes. The owner
  556  will be liable for the costs of removal, storage, and
  557  publication of notice. Dated this: ...(setting forth the date of
  558  posting of notice)..., signed: ...(setting forth name, title,
  559  address, and telephone number of law enforcement officer)....
  560  
  561         b. A derelict vessel or a vessel declared a public nuisance
  562  pursuant to s. 327.73(1)(aa) is present on the waters of this
  563  state, the officer shall cause a notice to be placed upon such
  564  vessel in substantially the following form:
  565  
  566  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  567  VESSEL. This vessel, to wit: ...(setting forth brief
  568  description)... has been determined to be ...(derelict or a
  569  public nuisance)... and is unlawfully upon waters of this state
  570  ...(setting forth brief description of location)... and must be
  571  removed within 21 days; otherwise, it will be removed and
  572  disposed of pursuant to chapter 705, Florida Statutes. The owner
  573  and other interested parties have the right to a hearing to
  574  challenge the determination that this vessel is derelict or
  575  otherwise in violation of the law. Please contact ...(contact
  576  information for person who can arrange for a hearing in
  577  accordance with this section).... The owner or the party
  578  determined to be legally responsible for the vessel being upon
  579  the waters of this state in a derelict condition or as a public
  580  nuisance will be liable for the costs of removal, destruction,
  581  and disposal if this vessel is not removed by the owner. Dated
  582  this: ...(setting forth the date of posting of notice)...,
  583  signed: ...(setting forth name, title, address, and telephone
  584  number of law enforcement officer)....
  585  
  586         2. The notices required under subparagraph 1. may not be
  587  less than 8 inches by 10 inches and must shall be sufficiently
  588  weatherproof to withstand normal exposure to the elements. In
  589  addition to posting, the law enforcement officer shall make a
  590  reasonable effort to ascertain the name and address of the
  591  owner. If such is reasonably available to the officer, she or he
  592  shall mail a copy of such notice to the owner on or before the
  593  date of posting. If the property is a motor vehicle as defined
  594  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  595  enforcement agency shall contact the Department of Highway
  596  Safety and Motor Vehicles in order to determine the name and
  597  address of the owner and any person who has filed a lien on the
  598  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  599  328.15(1). On receipt of this information, the law enforcement
  600  agency shall mail a copy of the notice by certified mail, return
  601  receipt requested, to the owner and to the lienholder, if any,
  602  except that a law enforcement officer who has issued a citation
  603  for a violation of s. 376.15 or s. 823.11 to the owner of a
  604  derelict vessel is not required to mail a copy of the notice by
  605  certified mail, return receipt requested, to the owner. For a
  606  derelict vessel or a vessel declared a public nuisance pursuant
  607  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  608  responsible party that he or she has a right to a hearing to
  609  dispute the determination that the vessel is derelict or
  610  otherwise in violation of the law. If a request for a hearing is
  611  made, a state agency shall follow the processes set forth in s.
  612  120.569. Local governmental entities shall follow the processes
  613  set forth in s. 120.569, except that a local judge, magistrate,
  614  or code enforcement officer may be designated to conduct such a
  615  hearing. If, at the end of 5 days after posting the notice in
  616  sub-subparagraph 1.a., or at the end of 21 days after posting
  617  the notice in sub-subparagraph 1.b., and mailing such notice, if
  618  required, the owner or any person interested in the lost or
  619  abandoned article or articles described has not removed the
  620  article or articles from public property or shown reasonable
  621  cause for failure to do so, and, in the case of a derelict
  622  vessel or a vessel declared a public nuisance pursuant to s.
  623  327.73(1)(aa), has not requested a hearing in accordance with
  624  this section, the following shall apply:
  625         a. For abandoned property other than a derelict vessel or a
  626  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  627  the law enforcement agency may retain any or all of the property
  628  for its own use or for use by the state or unit of local
  629  government, trade such property to another unit of local
  630  government or state agency, donate the property to a charitable
  631  organization, sell the property, or notify the appropriate
  632  refuse removal service.
  633         b. For a derelict vessel or a vessel declared a public
  634  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  635  agency or its designee may:
  636         (I) Remove the vessel from the waters of this state and
  637  destroy and dispose of the vessel or authorize another
  638  governmental entity or its designee to do so; or
  639         (II) Authorize the vessel’s use as an artificial reef in
  640  accordance with s. 379.249 if all necessary federal, state, and
  641  local authorizations are received.
  642  
  643  A law enforcement agency or its designee may also take action as
  644  described in this sub-subparagraph if, following a hearing
  645  pursuant to this section, the judge, magistrate, administrative
  646  law judge, or hearing officer has determined the vessel to be
  647  derelict as provided in s. 823.11 or otherwise in violation of
  648  the law in accordance with s. 327.73(1)(aa) and a final order
  649  has been entered or the case is otherwise closed.
  650         (4) The owner of any abandoned or lost property, or in the
  651  case of a derelict vessel or a vessel declared a public nuisance
  652  pursuant to s. 327.73(1)(aa), the owner or other party
  653  determined to be legally responsible for the vessel being upon
  654  the waters of this state in a derelict condition or as a public
  655  nuisance, who, after notice as provided in this section, does
  656  not remove such property within the specified period is shall be
  657  liable to the law enforcement agency, other governmental entity,
  658  or the agency’s or entity’s designee for all costs of removal,
  659  storage, and destruction, and disposal of such property, less
  660  any salvage value obtained by disposal of the property. Upon
  661  final disposition of the property, the law enforcement officer
  662  or representative of the law enforcement agency or other
  663  governmental entity shall notify the owner or in the case of a
  664  derelict vessel or vessel declared a public nuisance pursuant to
  665  s. 327.73(1)(aa), the owner or other party determined to be
  666  legally responsible, if known, of the amount owed. In the case
  667  of an abandoned vessel or motor vehicle, any person who neglects
  668  or refuses to pay such amount is not entitled to be issued a
  669  certificate of registration for such vessel or motor vehicle, or
  670  any other vessel or motor vehicle, until such costs have been
  671  paid. A person who has neglected or refused to pay all costs of
  672  removal, storage, disposal, and destruction of a vessel or motor
  673  vehicle as provided in this section, after having been provided
  674  written notice via certified mail that such costs are owed, and
  675  who applies for and is issued a registration for a vessel or
  676  motor vehicle before such costs have been paid in full commits a
  677  misdemeanor of the first degree, punishable as provided in s.
  678  775.082 or s. 775.083. The law enforcement officer or
  679  representative of the law enforcement agency or other
  680  governmental entity shall supply the Department of Highway
  681  Safety and Motor Vehicles with a list of persons whose vessel
  682  registration privileges and motor vehicle privileges have been
  683  revoked under this subsection. The department or a person acting
  684  as an agent of the department may not issue a certificate of
  685  registration to a person whose vessel and motor vehicle
  686  registration privileges have been revoked, as provided by this
  687  subsection, until such costs have been paid.
  688         Section 12. Effective July 1, 2023, paragraph (a) of
  689  subsection (2) of section 705.103, Florida Statutes, as amended
  690  by chapters 2019-76 and 2021-184, Laws of Florida, is amended to
  691  read:
  692         705.103 Procedure for abandoned or lost property.—
  693         (2)(a)1. Whenever a law enforcement officer ascertains
  694  that:
  695         a. An article of lost or abandoned property other than a
  696  derelict vessel or a vessel declared a public nuisance pursuant
  697  to s. 327.73(1)(aa) is present on public property and is of such
  698  nature that it cannot be easily removed, the officer shall cause
  699  a notice to be placed upon such article in substantially the
  700  following form:
  701  
  702  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  703  PROPERTY. This property, to wit: ...(setting forth brief
  704  description)... is unlawfully upon public property known as
  705  ...(setting forth brief description of location)... and must be
  706  removed within 5 days; otherwise, it will be removed and
  707  disposed of pursuant to chapter 705, Florida Statutes. The owner
  708  will be liable for the costs of removal, storage, and
  709  publication of notice. Dated this: ...(setting forth the date of
  710  posting of notice)..., signed: ...(setting forth name, title,
  711  address, and telephone number of law enforcement officer)....
  712  
  713         b. A derelict vessel or a vessel declared a public nuisance
  714  pursuant to s. 327.73(1)(aa) is present on the waters of this
  715  state, the officer shall cause a notice to be placed upon such
  716  vessel in substantially the following form:
  717  
  718  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  719  VESSEL. This vessel, to wit: ...(setting forth brief description
  720  of location)... has been determined to be ...(derelict or a
  721  public nuisance)... and is unlawfully upon the waters of this
  722  state ...(setting forth brief description of location)... and
  723  must be removed within 21 days; otherwise, it will be removed
  724  and disposed of pursuant to chapter 705, Florida Statutes. The
  725  owner and other interested parties have the right to a hearing
  726  to challenge the determination that this vessel is derelict or
  727  otherwise in violation of the law. Please contact ...(contact
  728  information for person who can arrange for a hearing in
  729  accordance with this section)... The owner or the party
  730  determined to be legally responsible for the vessel being upon
  731  the waters of this state in a derelict condition or as a public
  732  nuisance will be liable for the costs of removal, destruction,
  733  and disposal if this vessel is not removed by the owner. Dated
  734  this: ...(setting forth the date of posting of notice)...,
  735  signed: ...(setting forth name, title, address, and telephone
  736  number of law enforcement officer)....
  737  
  738         2. The notices required under subparagraph 1. may not be
  739  less than 8 inches by 10 inches and must shall be sufficiently
  740  weatherproof to withstand normal exposure to the elements. In
  741  addition to posting, the law enforcement officer shall make a
  742  reasonable effort to ascertain the name and address of the
  743  owner. If such is reasonably available to the officer, she or he
  744  shall mail a copy of such notice to the owner on or before the
  745  date of posting. If the property is a motor vehicle as defined
  746  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  747  enforcement agency shall contact the Department of Highway
  748  Safety and Motor Vehicles in order to determine the name and
  749  address of the owner and any person who has filed a lien on the
  750  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  751  328.15. On receipt of this information, the law enforcement
  752  agency shall mail a copy of the notice by certified mail, return
  753  receipt requested, to the owner and to the lienholder, if any,
  754  except that a law enforcement officer who has issued a citation
  755  for a violation of s. 376.15 or s. 823.11 to the owner of a
  756  derelict vessel is not required to mail a copy of the notice by
  757  certified mail, return receipt requested, to the owner. For a
  758  derelict vessel or a vessel declared a public nuisance pursuant
  759  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  760  responsible party that he or she has a right to a hearing to
  761  dispute the determination that the vessel is derelict or
  762  otherwise in violation of the law. If a request for a hearing is
  763  made, a state agency shall follow the processes as set forth in
  764  s. 120.569. Local governmental entities shall follow the
  765  processes set forth in s. 120.569, except that a local judge,
  766  magistrate, or code enforcement officer may be designated to
  767  conduct such a hearing. If, at the end of 5 days after posting
  768  the notice in sub-subparagraph 1.a., or at the end of 21 days
  769  after posting the notice in sub-subparagraph 1.b., and mailing
  770  such notice, if required, the owner or any person interested in
  771  the lost or abandoned article or articles described has not
  772  removed the article or articles from public property or shown
  773  reasonable cause for failure to do so, and, in the case of a
  774  derelict vessel or a vessel declared a public nuisance pursuant
  775  to s. 327.73(1)(aa), has not requested a hearing in accordance
  776  with this section, the following shall apply:
  777         a. For abandoned property other than a derelict vessel or a
  778  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  779  the law enforcement agency may retain any or all of the property
  780  for its own use or for use by the state or unit of local
  781  government, trade such property to another unit of local
  782  government or state agency, donate the property to a charitable
  783  organization, sell the property, or notify the appropriate
  784  refuse removal service.
  785         b. For a derelict vessel or a vessel declared a public
  786  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  787  agency or its designee may:
  788         (I) Remove the vessel from the waters of this state and
  789  destroy and dispose of the vessel or authorize another
  790  governmental entity or its designee to do so; or
  791         (II) Authorize the vessel’s use as an artificial reef in
  792  accordance with s. 379.249 if all necessary federal, state, and
  793  local authorizations are received.
  794  
  795  A law enforcement agency or its designee may also take action as
  796  described in this sub-subparagraph if, following a hearing
  797  pursuant to this section, the judge, magistrate, administrative
  798  law judge, or hearing officer has determined the vessel to be
  799  derelict as provided in s. 823.11 or otherwise in violation of
  800  the law in accordance with s. 327.73(1)(aa) and a final order
  801  has been entered or the case is otherwise closed.
  802         Section 13. Present subsections (4), (5), and (6) of
  803  section 823.11, Florida Statutes, are redesignated as
  804  subsections (5), (6), and (7), respectively, a new subsection
  805  (4) is added to that section, and subsection (1), paragraph (c)
  806  of subsection (2), subsection (3), and present subsections (5)
  807  and (6) of that section are amended, to read:
  808         823.11 Derelict vessels; relocation or removal; penalty.—
  809         (1) As used in this section and s. 376.15, the term:
  810         (a) “Commission” means the Fish and Wildlife Conservation
  811  Commission.
  812         (b) “Derelict vessel” means a vessel, as defined in s.
  813  327.02, that is:
  814         1. In a wrecked, junked, or substantially dismantled
  815  condition upon any waters of this state.
  816         a. A vessel is wrecked if it is sunken or sinking; aground
  817  without the ability to extricate itself absent mechanical
  818  assistance; or remaining after a marine casualty, including, but
  819  not limited to, a boating accident, extreme weather, or a fire.
  820         b. A vessel is junked if it has been substantially stripped
  821  of vessel components, if vessel components have substantially
  822  degraded or been destroyed, or if the vessel has been discarded
  823  by the owner or operator. Attaching an outboard motor to a
  824  vessel that is otherwise junked will not cause the vessel to no
  825  longer be junked if such motor is not an effective means of
  826  propulsion as required by s. 327.4107(2)(e) and associated
  827  rules.
  828         c. A vessel is substantially dismantled if at least two of
  829  the three following vessel systems or components are missing,
  830  compromised, incomplete, inoperable, or broken:
  831         (I) The steering system;
  832         (II) The propulsion system; or
  833         (III) The exterior hull integrity.
  834  
  835  Attaching an outboard motor to a vessel that is otherwise
  836  substantially dismantled will not cause the vessel to no longer
  837  be substantially dismantled if such motor is not an effective
  838  means of propulsion as required by s. 327.4107(2)(e) and
  839  associated rules.
  840         2. At a port in this state without the consent of the
  841  agency having jurisdiction thereof.
  842         3. Docked, grounded, or beached upon the property of
  843  another without the consent of the owner of the property.
  844         (c) “Gross negligence” means conduct so reckless or wanting
  845  in care that it constitutes a conscious disregard or
  846  indifference to the safety of the property exposed to such
  847  conduct.
  848         (d) “Willful misconduct” means conduct evidencing
  849  carelessness or negligence of such a degree or recurrence as to
  850  manifest culpability, wrongful intent, or evil design or to show
  851  an intentional and substantial disregard of the interests of the
  852  vessel owner.
  853         (2)
  854         (c) The additional time provided in subparagraph (b)2. for
  855  an owner or responsible party to remove a derelict vessel from
  856  the waters of this state or to repair and remedy the vessel’s
  857  derelict condition This subsection does not apply to a vessel
  858  that was derelict upon the waters of this state before the
  859  stated accident or event.
  860         (3) The commission, an officer of the commission, or a law
  861  enforcement agency or officer specified in s. 327.70 may
  862  relocate, remove, and store, destroy, or dispose of or cause to
  863  be relocated, removed, and stored, destroyed, or disposed of a
  864  derelict vessel from waters of this state as defined in s.
  865  327.02 if the derelict vessel obstructs or threatens to obstruct
  866  navigation or in any way constitutes a danger to the
  867  environment, property, or persons. The commission, an officer of
  868  the commission, or any other law enforcement agency or officer
  869  acting pursuant to this subsection to relocate, remove, and
  870  store, destroy, dispose of or cause to be relocated, removed,
  871  and stored, destroyed, or disposed of a derelict vessel from
  872  waters of this state shall be held harmless for all damages to
  873  the derelict vessel resulting from such action unless the damage
  874  results from gross negligence or willful misconduct.
  875         (a) Removal of derelict vessels under this subsection may
  876  be funded by grants provided in ss. 206.606 and 376.15. The
  877  commission shall implement a plan for the procurement of any
  878  available federal disaster funds and use such funds for the
  879  removal of derelict vessels.
  880         (b) All costs, including costs owed to a third party,
  881  incurred by the commission, another law enforcement agency, or a
  882  governmental subdivision, when the governmental subdivision has
  883  received authorization from a law enforcement officer or agency,
  884  in the relocation, removal, storage, destruction, or disposal of
  885  a derelict vessel are recoverable against the vessel owner or
  886  the party determined to be legally responsible for the vessel
  887  being upon the waters of this state in a derelict condition. The
  888  Department of Legal Affairs shall represent the commission in
  889  actions to recover such costs. As provided in s. 705.103(4), a
  890  person who neglects or refuses to pay such costs may not be
  891  issued a certificate of registration for such vessel or for any
  892  other vessel or motor vehicle until such costs have been paid. A
  893  person who has neglected or refused to pay all costs of removal,
  894  storage, destruction, or disposal of a derelict vessel as
  895  provided in this section, after having been provided written
  896  notice via certified mail that such costs are owed, and who
  897  applies for and is issued a registration for a vessel or motor
  898  vehicle before such costs have been paid in full commits a
  899  misdemeanor of the first degree, punishable as provided in s.
  900  775.082 or s. 775.083.
  901         (b)(c) A contractor performing such activities at the
  902  direction of the commission, an officer of the commission, a law
  903  enforcement agency or officer, or a governmental subdivision,
  904  when the governmental subdivision has received authorization for
  905  the relocation or removal from a law enforcement officer or
  906  agency, pursuant to this section must be licensed in accordance
  907  with applicable United States Coast Guard regulations where
  908  required; obtain and carry in full force and effect a policy
  909  from a licensed insurance carrier in this state to insure
  910  against any accident, loss, injury, property damage, or other
  911  casualty caused by or resulting from the contractor’s actions;
  912  and be properly equipped to perform the services to be provided.
  913         (4)(a)Removal of derelict vessels under this subsection
  914  may be funded by grants provided in s. 206.606.
  915         (b)The commission may implement a plan for the procurement
  916  of any available federal disaster funds and use such funds for
  917  the removal of derelict vessels.
  918         (c)The commission may establish a program to provide
  919  grants to local governments for the removal, storage,
  920  destruction, and disposal of derelict vessels from the waters of
  921  this state. This grant funding may also be used for the removal,
  922  storage, destruction, and disposal of vessels declared a public
  923  nuisance pursuant to s. 327.73(1)(aa). The program must be
  924  funded from the Marine Resources Conservation Trust Fund or the
  925  Florida Coastal Protection Trust Fund. Notwithstanding s.
  926  216.181(11), funds available for these grants may only be
  927  authorized by appropriations acts of the Legislature. In a given
  928  fiscal year, if all funds appropriated pursuant to this
  929  paragraph are not requested by and granted to local governments
  930  for the removal, storage, destruction, and disposal of derelict
  931  vessels or vessels declared a public nuisance pursuant to s.
  932  327.73(1)(aa) by the end of the third quarter, the Fish and
  933  Wildlife Conservation Commission may use the remainder of the
  934  funds to remove, store, destroy, and dispose of, or to pay
  935  private contractors to remove, store, destroy, and dispose of,
  936  derelict vessels or vessels declared a public nuisance pursuant
  937  to s. 327.73(1)(aa). The commission shall adopt by rule
  938  procedures for local governments to submit a grant application
  939  and criteria for allocating available funds. Such criteria must
  940  include, at a minimum, the following:
  941         1.The number of derelict vessels within the jurisdiction
  942  of the applicant.
  943         2.The threat posed by such vessels to public health or
  944  safety, the environment, navigation, or the aesthetic condition
  945  of the general vicinity.
  946         3.The degree of commitment of the local government to
  947  maintain waters free of abandoned and derelict vessels and to
  948  seek legal action against those who abandon vessels in the
  949  waters of this state as defined in s. 327.02.
  950         (6)(5) A person, firm, or corporation violating this
  951  section commits a misdemeanor of the first degree and shall be
  952  punished as provided by law. A conviction under this section
  953  does not bar the assessment and collection of a the civil
  954  penalty provided in s. 376.16 for violation of s. 376.15. The
  955  court having jurisdiction over the criminal offense,
  956  notwithstanding any jurisdictional limitations on the amount in
  957  controversy, may order the imposition of such civil penalty in
  958  addition to any sentence imposed for the first criminal offense.
  959         (7)(6) If an owner or a responsible party of a vessel
  960  determined to be derelict through an administrative or criminal
  961  proceeding has been charged by an officer of the commission or
  962  any law enforcement agency or officer as specified in s. 327.70
  963  under subsection (6) (5) for a violation of subsection (2) or a
  964  violation of s. 376.15(2), a person may not reside or dwell on
  965  such vessel until the vessel is removed from the waters of the
  966  state permanently or returned to the waters of the state in a
  967  condition that is no longer derelict.
  968         Section 14. Paragraph (p) of subsection (4) of section
  969  934.50, Florida Statutes, is amended to read:
  970         934.50 Searches and seizure using a drone.—
  971         (4) EXCEPTIONS.—This section does not prohibit the use of a
  972  drone:
  973         (p) By an a non-law enforcement employee of the Fish and
  974  Wildlife Conservation Commission or of the Florida Forest
  975  Service for the purposes of managing and eradicating invasive
  976  exotic plants or animals on public lands and suppressing and
  977  mitigating wildfire threats.
  978         Section 15. Section 327.04, Florida Statutes, is amended to
  979  read:
  980         327.04 Rules.—The commission may adopt rules pursuant to
  981  ss. 120.536(1) and 120.54 to implement this chapter, the
  982  provisions of chapter 705 relating to vessels, and s. ss. 376.15
  983  and 823.11 conferring powers or duties upon it.
  984         Section 16. Subsection (4) of section 328.09, Florida
  985  Statutes, is amended to read:
  986         328.09 Refusal to issue and authority to cancel a
  987  certificate of title or registration.—
  988         (4) The department may not issue a certificate of title to
  989  an applicant for a vessel that has been deemed derelict or a
  990  public nuisance by a law enforcement officer under s.
  991  327.73(1)(aa) or s. 376.15 or s. 823.11. A law enforcement
  992  officer must inform the department in writing, which may be
  993  provided by facsimile, e-mail electronic mail, or other
  994  electronic means, of the vessel’s derelict or public nuisance
  995  status and supply the department with the vessel title number or
  996  vessel identification number. The department may issue a
  997  certificate of title once a law enforcement officer has verified
  998  in writing, which may be provided by facsimile, e-mail
  999  electronic mail, or other electronic means, that the vessel is
 1000  no longer a derelict or public nuisance vessel.
 1001         Section 17. Section 25 of chapter 2021-184, Laws of
 1002  Florida, is repealed.
 1003         Section 18. Paragraph (c) of subsection (15) of section
 1004  328.72, Florida Statutes, is amended to read:
 1005         328.72 Classification; registration; fees and charges;
 1006  surcharge; disposition of fees; fines; marine turtle stickers.—
 1007         (15) DISTRIBUTION OF FEES.—Except as provided in this
 1008  subsection, moneys designated for the use of the counties, as
 1009  specified in subsection (1), shall be distributed by the tax
 1010  collector to the board of county commissioners for use only as
 1011  provided in this section. Such moneys to be returned to the
 1012  counties are for the sole purposes of providing, maintaining, or
 1013  operating recreational channel marking and other uniform
 1014  waterway markers, public boat ramps, lifts, and hoists, marine
 1015  railways, boat piers, docks, mooring buoys, and other public
 1016  launching facilities; and removing derelict vessels, debris that
 1017  specifically impedes boat access, not including the dredging of
 1018  channels, and vessels and floating structures deemed a hazard to
 1019  public safety and health for failure to comply with s. 327.53.
 1020  Counties shall demonstrate through an annual detailed accounting
 1021  report of vessel registration revenues that the registration
 1022  fees were spent as provided in this subsection. This report
 1023  shall be provided to the Fish and Wildlife Conservation
 1024  Commission no later than November 1 of each year. If, before
 1025  January 1 of each calendar year, the accounting report meeting
 1026  the prescribed criteria has still not been provided to the
 1027  commission, the tax collector of that county may not distribute
 1028  the moneys designated for the use of counties, as specified in
 1029  subsection (1), to the board of county commissioners but shall,
 1030  for the next calendar year, remit such moneys to the state for
 1031  deposit into the Marine Resources Conservation Trust Fund. The
 1032  commission shall return those moneys to the county if the county
 1033  fully complies with this section within that calendar year. If
 1034  the county does not fully comply with this section within that
 1035  calendar year, the moneys shall remain within the Marine
 1036  Resources Trust Fund and may be appropriated for the purposes
 1037  specified in this subsection.
 1038         (c) From the vessel registration fees designated for use by
 1039  the counties in subsection (1), the following amounts shall be
 1040  remitted to the state for deposit into the Marine Resources
 1041  Conservation Trust Fund to fund derelict vessel removal grants,
 1042  as appropriated by the Legislature pursuant to s. 823.11(4)(c)
 1043  s. 376.15:
 1044         1. Class A-2: $0.25 for each 12-month period registered.
 1045         2. Class 1: $2.06 for each 12-month period registered.
 1046         3. Class 2: $9.26 for each 12-month period registered.
 1047         4. Class 3: $16.45 for each 12-month period registered.
 1048         5. Class 4: $20.06 for each 12-month period registered.
 1049         6. Class 5: $25.46 for each 12-month period registered.
 1050         Section 19. Paragraph (h) of subsection (6) of section
 1051  376.11, Florida Statutes, is amended to read:
 1052         376.11 Florida Coastal Protection Trust Fund.—
 1053         (6) Moneys in the Florida Coastal Protection Trust Fund may
 1054  be used for the following purposes:
 1055         (h) The funding of a grant program to local governments,
 1056  pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the
 1057  removal of derelict and public nuisance vessels from the public
 1058  waters of the state.
 1059         Section 20. For the purpose of incorporating the amendment
 1060  made by this act to section 327.371, Florida Statutes, in a
 1061  reference thereto, paragraph (dd) of subsection (1) of section
 1062  327.73, Florida Statutes, is reenacted to read:
 1063         327.73 Noncriminal infractions.—
 1064         (1) Violations of the following provisions of the vessel
 1065  laws of this state are noncriminal infractions:
 1066         (dd) Section 327.371, relating to the regulation of human
 1067  powered vessels.
 1068  
 1069  Any person cited for a violation of any provision of this
 1070  subsection shall be deemed to be charged with a noncriminal
 1071  infraction, shall be cited for such an infraction, and shall be
 1072  cited to appear before the county court. The civil penalty for
 1073  any such infraction is $50, except as otherwise provided in this
 1074  section. Any person who fails to appear or otherwise properly
 1075  respond to a uniform boating citation shall, in addition to the
 1076  charge relating to the violation of the boating laws of this
 1077  state, be charged with the offense of failing to respond to such
 1078  citation and, upon conviction, be guilty of a misdemeanor of the
 1079  second degree, punishable as provided in s. 775.082 or s.
 1080  775.083. A written warning to this effect shall be provided at
 1081  the time such uniform boating citation is issued.
 1082         Section 21. For the purpose of incorporating the amendment
 1083  made by this act to section 379.101, Florida Statutes, in a
 1084  reference thereto, subsection (4) of section 125.01, Florida
 1085  Statutes, is reenacted to read:
 1086         125.01 Powers and duties.—
 1087         (4) The legislative and governing body of a county shall
 1088  not have the power to regulate the taking or possession of
 1089  saltwater fish, as defined in s. 379.101, with respect to the
 1090  method of taking, size, number, season, or species. However,
 1091  this subsection does not prohibit a county from prohibiting, for
 1092  reasons of protecting the public health, safety, or welfare,
 1093  saltwater fishing from real property owned by that county, nor
 1094  does it prohibit the imposition of excise taxes by county
 1095  ordinance.
 1096         Section 22. For the purpose of incorporating the amendment
 1097  made by this act to section 379.101, Florida Statutes, in a
 1098  reference thereto, section 379.2412, Florida Statutes, is
 1099  reenacted to read:
 1100         379.2412 State preemption of power to regulate.—The power
 1101  to regulate the taking or possession of saltwater fish, as
 1102  defined in s. 379.101, is expressly reserved to the state. This
 1103  section does not prohibit a local government from prohibiting,
 1104  for reasons of protecting the public health, safety, or welfare,
 1105  saltwater fishing from real property owned by that local
 1106  government.
 1107         Section 23. Except as otherwise expressly provided in this
 1108  act, this act shall take effect July 1, 2022.