Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for SB 1388
Ì180386>Î180386
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/28/2025 01:43 PM .
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Senator Trumbull moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsections (24) and (35) through (47) of
6 section 327.02, Florida Statutes, are amended, and a new
7 subsection (47) is added to that section, to read:
8 327.02 Definitions.—As used in this chapter and in chapter
9 328, unless the context clearly requires a different meaning,
10 the term:
11 (24) “Livery vessel” means a leased or rented vessel
12 leased, rented, or chartered to another for consideration.
13 (35) “Owner” means a person, other than a lienholder,
14 having the property in or title to a vessel. The term includes a
15 person entitled to the use or possession of a vessel subject to
16 an interest in another person which is reserved or created by
17 agreement and securing payment of performance of an obligation.
18 The term does not include a lessee under a lease not intended as
19 security.
20 (36) “Person” means an individual, partnership, firm,
21 corporation, association, or other entity.
22 (36)(37) “Personal watercraft” means a vessel less than 16
23 feet in length which uses an inboard motor powering a water jet
24 pump as its primary source of motive power and which is designed
25 to be operated by a person sitting, standing, or kneeling on the
26 vessel, rather than in the conventional manner of sitting or
27 standing inside the vessel.
28 (37)(38) “Portable toilet” means a device consisting of a
29 lid, seat, containment vessel, and support structure which is
30 specifically designed to receive, retain, and discharge human
31 waste and which is capable of being removed from a vessel by
32 hand.
33 (38)(39) “Prohibited activity” means activity that will
34 impede or disturb navigation or creates a safety hazard on
35 waterways of this state.
36 (39)(40) “Racing shell,” “rowing scull,” or “racing kayak”
37 means a manually propelled vessel that is recognized by national
38 or international racing associations for use in competitive
39 racing and in which all occupants, with the exception of a
40 coxswain, if one is provided, row, scull, or paddle and that is
41 not designed to carry and does not carry any equipment not
42 solely for competitive racing.
43 (40)(41) “Recreational vessel” means a vessel:
44 (a) Manufactured and used primarily for noncommercial
45 purposes; or
46 (b) Leased, rented, or chartered to a person for his or her
47 noncommercial use.
48 (41)(42) “Registration” means a state operating license on
49 a vessel which is issued with an identifying number, an annual
50 certificate of registration, and a decal designating the year
51 for which a registration fee is paid.
52 (42)(43) “Resident” means a citizen of the United States
53 who has established residence in this state and has continuously
54 resided in this state for 1 year and in one county for the 6
55 months immediately preceding the initiation of a vessel titling
56 or registration action.
57 (43)(44) “Sailboat” means a vessel whose sole source of
58 propulsion is the wind.
59 (44)(45) “Sustained wind speed” means a wind speed
60 determined by averaging the observed wind speed rounded up to
61 the nearest mile per hour over a 2-minute period.
62 (45)(46) “Unclaimed vessel” means an undocumented vessel,
63 including its machinery, rigging, and accessories, which is in
64 the physical possession of a marina, garage, or repair shop for
65 repairs, improvements, or other work with the knowledge of the
66 vessel owner and for which the costs of such services have been
67 unpaid for more than 90 days after the date written notice of
68 the completed work is given by the marina, garage, or repair
69 shop to the vessel owner.
70 (46)(47) “Vessel” is synonymous with boat as referenced in
71 s. 1(b), Art. VII of the State Constitution and includes every
72 description of watercraft, barge, and airboat, other than a
73 seaplane on the water, used or capable of being used as a means
74 of transportation on water.
75 (47) “Vessel owner” means a person, other than a lienholder
76 or lessee under a lease that is not intended as security, having
77 the property in or title to a vessel. The term includes all of
78 the following:
79 (a) A person entitled to the use or possession of a vessel
80 subject to an interest in another person which is reserved or
81 created by agreement and securing payment of performance of an
82 obligation. The term does not include a lessee under a lease not
83 intended as security.
84 (b) A person identified in the records of the Department of
85 Highway Safety and Motor Vehicles or other state equivalent, as
86 the title certificate holder of the vessel.
87 (c) A person identified as the buyer, transferee, or new
88 owner in a notice filed pursuant to s. 328.64(1).
89 (d) A person who has signed a written agreement for the
90 purchase and sale of the vessel and paid the consideration, if
91 any, required under the agreement.
92 (e) A person who has provided a written, signed receipt to
93 the seller or transferor of the vessel acknowledging actual
94 receipt and possession of the vessel.
95 Section 2. Subsection (5) of section 327.30, Florida
96 Statutes, is amended to read:
97 327.30 Collisions, accidents, and casualties.—
98 (5) It is unlawful for a person operating a vessel involved
99 in an accident or injury to leave the scene of the accident or
100 injury without giving all possible aid to all persons involved
101 and making a reasonable effort to locate the owner or persons
102 affected and subsequently complying with and notifying the
103 appropriate law enforcement official as required under this
104 section.
105 (a) If a Any person who violates this subsection and the
106 with respect to an accident results resulting in:
107 1. Property damage only, the person commits a misdemeanor
108 of the first degree, punishable as provided in s. 775.082 or s.
109 775.083.
110 2. Injury to a person other than serious bodily injury, the
111 person commits a felony of the third degree, punishable as
112 provided in s. 775.082, s. 775.083, or s. 775.084.
113 3. Serious bodily injury, the person commits a felony of
114 the second degree, punishable as provided in s. 775.082, s.
115 775.083, or s. 775.084.
116 4. The death of another person or an unborn child, the
117 person commits a felony of the first degree, punishable as
118 provided in s. 775.082, s. 775.083, or s. 775.084.
119 (b) If a person operating a vessel involved in an accident
120 that results in the death of another person or an unborn child
121 provides a false statement to an investigating law enforcement
122 officer, the person personal injury commits a felony of the
123 third degree, punishable as provided in s. 775.082, s. 775.083,
124 or s. 775.084. Any person who violates this subsection with
125 respect to an accident resulting in property damage only commits
126 a misdemeanor of the second degree, punishable as provided in s.
127 775.082 or s. 775.083.
128 Section 3. Subsection (1) of section 327.33, Florida
129 Statutes, is amended to read:
130 327.33 Reckless or careless operation of vessel.—
131 (1) It is unlawful to operate a vessel in a reckless
132 manner. A person who operates any vessel, or manipulates any
133 water skis, aquaplane, or similar device, in willful or wanton
134 disregard for the safety of persons or property at a speed or in
135 a manner as to endanger, or likely to endanger, life or limb, or
136 damage the property of, or injure a person is guilty of reckless
137 operation of a vessel. Reckless operation of a vessel includes,
138 but is not limited to, a violation of s. 327.331(6). If a person
139 who violates this subsection and the violation:
140 (a) Does not result in an accident, the person commits a
141 misdemeanor of the first degree, punishable as provided in s.
142 775.082 or s. 775.083.
143 (b) Results in an accident that does not cause serious
144 bodily injury, the person commits a felony of the third degree,
145 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
146 (c) Results in an accident that causes serious bodily
147 injury, the person commits a felony of the second degree,
148 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
149 (d) Results in an accident that causes the death of another
150 person or an unborn child, the person commits a felony of the
151 first degree, punishable as provided in s. 775.082, s. 775.083,
152 or s. 775.084.
153 Section 4. Section 327.35105, Florida Statutes, is created
154 to read:
155 327.35105 Additional penalty for boating under the
156 influence or reckless operation of vessel.—The driver license of
157 a person convicted of a violation of s. 327.33(1)(b), (c), or
158 (d) or s. 327.35 must be suspended until all orders of the court
159 have been satisfied.
160 Section 5. Subsections (2) and (3) of section 327.4107,
161 Florida Statutes, are amended, and paragraph (a) of subsection
162 (7) of that section is reenacted and amended, to read:
163 327.4107 Vessels at risk of becoming derelict on waters of
164 this state.—
165 (2) It is a noncriminal infraction punishable as provided
166 in s. 327.73 for a person to anchor or moor an officer of the
167 commission or of a law enforcement agency specified in s. 327.70
168 may determine that a vessel is at risk of becoming derelict on
169 the waters of this state or to allow such vessel to occupy such
170 waters. A vessel is at risk of becoming derelict if, as
171 determined by an officer of the commission or a law enforcement
172 agency, if any of the following conditions exist:
173 (a) The vessel is taking on or has taken on water without
174 an effective means to dewater.
175 (b) Spaces on the vessel which that are designed to be
176 enclosed are incapable of being sealed off or remain open to the
177 elements for extended periods of time.
178 (c) The vessel has broken loose or is in danger of breaking
179 loose from its anchor.
180 (d) The vessel is listing due to water intrusion.
181 (e) The vessel does not have an effective means of
182 propulsion, and the vessel owner or operator is unable to
183 provide a receipt, proof of purchase, or other documentation of
184 having ordered necessary parts for repair. If the owner or
185 operator is present on the vessel, a law enforcement officer may
186 require a test of the vessel’s effective means of propulsion for
187 safe navigation, to be conducted immediately. If the owner or
188 operator is not present on the vessel, the owner or operator
189 must, in the presence of law enforcement, conduct the test for
190 effective means of propulsion for safe navigation within 48 72
191 hours after the vessel owner or operator receives telephonic
192 notice from a law enforcement officer, in-person notice recorded
193 on an agency-approved body camera, or written notice, which may
194 be provided by facsimile, electronic mail, or other electronic
195 means, stating such from an officer, and the vessel owner or
196 operator is unable to provide a receipt, proof of purchase, or
197 other documentation of having ordered necessary parts for vessel
198 repair. The commission may adopt rules to implement this
199 paragraph.
200 (f) The vessel is tied to an unlawful or unpermitted
201 structure or mooring.
202 (3) A person who anchors or moors a vessel at risk of
203 becoming derelict on the waters of this state or allows such a
204 vessel to occupy such waters commits a noncriminal infraction,
205 punishable as provided in s. 327.73.
206 (6)(7) The commission may establish a derelict vessel
207 prevention program to address vessels at risk of becoming
208 derelict. Such program may, but is not required to, include:
209 (a) Removal, relocation, and destruction of vessels
210 declared a public nuisance, derelict or at risk of becoming
211 derelict, or lost or abandoned in accordance with s. 327.53(7),
212 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
213
214 The commission may adopt rules to implement this subsection.
215 Implementation of the derelict vessel prevention program shall
216 be subject to appropriation by the Legislature and shall be
217 funded by the Marine Resources Conservation Trust Fund or the
218 Florida Coastal Protection Trust Fund.
219 Section 6. Effective January 1, 2026, section 327.4111,
220 Florida Statutes, is created to read:
221 327.4111 Long-term anchoring.—
222 (1) As used in this section, the term “long-term anchoring”
223 means anchoring a vessel within 1 linear nautical mile of a
224 documented anchorage point for 14 days or more within a 30-day
225 period.
226 (2) The commission shall, at no cost to the applicant,
227 issue a permit for the long-term anchoring of a vessel within
228 the waters of this state upon receiving an application that
229 includes, but is not limited to, all of the following
230 information:
231 (a) For the vessel owner or operator:
232 1. Name.
233 2. Mailing address.
234 3. Telephone number.
235 4. E-mail address.
236 5. Birthdate.
237 6. Driver license number, if applicable.
238 (b) For the vessel:
239 1. Make.
240 2. Model.
241 3. Year.
242 4. Style.
243 5. Hull identification number.
244 6. Registration number or United States Coast Guard
245 documentation, if applicable.
246 7. Vessel name, if applicable.
247 (c) Location where the vessel will be anchored.
248 (d) Notice that the long-term anchoring permit may be
249 revoked if the vessel is a derelict vessel as defined in s.
250 823.11, or is at risk of becoming derelict as provided in s.
251 327.4107, or is in violation of marine sanitation provisions in
252 s. 327.53.
253 (3) The long-term anchoring permit established under this
254 section is specific to one vessel only. However, a person may
255 obtain more than one permit. A permit must be renewed or updated
256 for each long-term anchoring location. Long-term anchoring
257 permits expire 1 year from the date of issuance and may be
258 revoked if the permitted vessel is a derelict vessel as defined
259 in s. 823.11, is at risk of becoming derelict, or is operated or
260 occupied on waters of this state in violation of s. 327.53.
261 (4) A person who engages in long-term anchoring of a vessel
262 within the waters of this state without a valid long-term
263 anchoring permit commits a noncriminal infraction, punishable as
264 provided is s. 327.73.
265 (5) This section does not apply to any of the following:
266 (a) Vessels owned or operated by a governmental entity for
267 law enforcement, firefighting, military, or rescue purposes.
268 (b) Construction or dredging vessels on an active job site.
269 (c) Vessels actively engaged in commercial fishing.
270 (d) Vessels engaged in recreational fishing if the persons
271 onboard are actively tending hook and line fishing gear or nets.
272 (6) A permit under this section is not required if a vessel
273 is docked at a public or private dock or moored to a mooring
274 buoy permitted as provided in s. 327.40.
275 (7) In implementing this section, the commission must use
276 an electronic application and permitting system.
277 (8) The provisions of this section do not supersede any
278 other anchoring limitations established pursuant to law.
279 (9) The commission may adopt rules to implement this
280 section.
281 Section 7. Subsection (2) of section 327.45, Florida
282 Statutes, is amended to read:
283 327.45 Protection zones for springs.—
284 (2) The commission may establish by rule protection zones
285 that restrict the speed and operation of vessels, or that
286 prohibit or modify the allowable means of anchoring, mooring,
287 beaching, or grounding of vessels, to protect and prevent
288 significant harm to first, second, and third magnitude springs
289 and springs groups, including their associated spring runs, as
290 determined by the commission using the most recent Florida
291 Geological Survey springs bulletin. Significant This harm
292 includes negative impacts to water quality, water quantity,
293 hydrology, wetlands, and aquatic and wetland-dependent species
294 where the operation, anchoring, mooring, beaching, or grounding
295 of vessels is determined to be the predominant cause of negative
296 impacts.
297 Section 8. Paragraph (c) of subsection (1) of section
298 327.54, Florida Statutes, is amended, and paragraph (d) of
299 subsection (3) is reenacted to read:
300 327.54 Liveries; safety regulations; penalty.—
301 (1) As used in this section, the term:
302 (c) “Livery” means a person who advertises and offers a
303 livery vessel for use by another in exchange for any type of
304 consideration when such person does not also provide or does not
305 require the lessee or renter to provide as a condition of the
306 rental or lease agreement a person licensed by the United States
307 Coast Guard to serve as master of the vessel or to with a
308 captain, a crew, or any type of staff or personnel to operate,
309 oversee, maintain, or manage the vessel. The owner of a vessel
310 who does not advertise his or her vessel for use by another for
311 consideration and who loans or offers his or her vessel for use
312 to another known to him or her either for consideration or
313 without consideration is not a livery. A public or private
314 school or postsecondary institution located within this state is
315 not a livery. A vessel rented or leased by a livery is a livery
316 vessel as defined in s. 327.02.
317 (3) A livery may not knowingly lease or rent a vessel to
318 any person:
319 (d) When the vessel is not seaworthy, is a derelict vessel
320 as defined in s. 823.11, or is at risk of becoming derelict as
321 provided in s. 327.4107.
322 Section 9. Section 327.56, Florida Statutes, is amended to
323 read:
324 327.56 Safety and marine sanitation equipment inspections;
325 probable cause; qualified.—
326 (1) An No officer may not shall board any vessel or perform
327 a vessel stop in this state unless to make a safety or marine
328 sanitation equipment inspection if the owner or operator is not
329 aboard. When the owner or operator is aboard, an officer may
330 board a vessel with consent or when the officer has probable
331 cause or knowledge to believe that a violation of a provision of
332 this chapter has occurred or is occurring.
333 (2) An officer may not perform a vessel stop or board a
334 vessel for the sole purpose of performing a safety or marine
335 sanitation equipment inspection. A violation of safety or marine
336 sanitation equipment requirements is a secondary offense, rather
337 than a primary offense An officer may board a vessel when the
338 operator refuses or is unable to display the safety or marine
339 sanitation equipment required by law, if requested to do so by a
340 law enforcement officer, or when the safety or marine sanitation
341 equipment to be inspected is permanently installed and is not
342 visible for inspection unless the officer boards the vessel.
343 (2) Inspection of floating structures for compliance with
344 this section shall be as provided in s. 403.091.
345 Section 10. Subsection (2) and paragraph (a) of subsection
346 (3) of section 327.70, Florida Statutes, are amended, and
347 paragraph (e) is added to subsection (3) of that section, to
348 read:
349 327.70 Enforcement of this chapter and chapter 328.—
350 (2)(a)1. The commission, in coordination with the
351 Department of Highway Safety and Motor Vehicles, shall create a
352 “Florida Freedom Boater” safety inspection decal for issue at
353 the time of registration or renewal, signifying that the vessel
354 is deemed to have met the safety equipment carriage and use
355 requirements of this chapter. Upon demonstrated compliance with
356 the safety equipment carriage and use requirements of this
357 chapter at the time of registration or renewal during a safety
358 inspection initiated by a law enforcement officer, the operator
359 of a vessel shall be issued a “Florida Freedom Boater” safety
360 inspection decal signifying that the vessel is deemed to have
361 met the safety equipment carriage and use requirements of this
362 chapter at the time and location of such inspection. The
363 commission may designate by rule the timeframe for expiration
364 of, and the specific design for, the Florida Freedom Boater
365 safety inspection decal. However, a decal may not be valid for
366 less than 1 calendar year or more than 5 years at the time of
367 issue and, at a minimum, must meet the standards specified in
368 this paragraph. All decals issued by the commission on or before
369 December 31, 2018, are no longer valid after that date.
370 2. The Florida Freedom Boater safety inspection decal, if
371 displayed, must be located within 6 inches of the inspected
372 vessel’s properly displayed vessel registration decal. For
373 nonmotorized vessels that are not required to be registered, the
374 Florida Freedom Boater safety inspection decal, if displayed,
375 must be located above the waterline on the forward half of the
376 port side of the vessel.
377 (b) If a vessel properly displays a valid safety inspection
378 decal created or approved by the division, a law enforcement
379 officer may not stop the vessel for the sole purpose of
380 inspecting the vessel for compliance with the safety equipment
381 carriage and use requirements of this chapter unless there is
382 reasonable suspicion that a violation of a safety equipment
383 carriage or use requirement has occurred or is occurring. This
384 subsection does not restrict a law enforcement officer from
385 stopping a vessel for any other lawful purpose when the officer
386 has probable cause to believe that a violation of this chapter
387 has occurred or is occurring.
388 (3)(a) Noncriminal violations of the following statutes may
389 be enforced by a uniform boating citation mailed to the
390 registered owner of an unattended vessel anchored, aground, or
391 moored on the waters of this state:
392 1. Section 327.33(3)(b), relating to navigation rules.
393 2. Section 327.44, relating to interference with
394 navigation.
395 3. Section 327.50(2), relating to required lights and
396 shapes.
397 4. Section 327.53, relating to marine sanitation.
398 5. Section 328.48(5), relating to display of decal.
399 6. Section 328.52(2), relating to display of number.
400 7. Section 327.4107, relating to vessels at risk of
401 becoming derelict.
402 8. Section 327.4109, relating to prohibited anchoring or
403 mooring.
404 9. Section 328.72(13), relating to expired registration.
405 10. Section 327.4111, relating to long-term anchoring.
406 (e) A noncriminal violation of s. 327.4111 may be enforced
407 by a uniform boating citation issued to the owner or operator of
408 a vessel engaged in unlawful long-term anchoring.
409 Section 11. Subsection (1) of section 327.73, Florida
410 Statutes, is amended to read:
411 327.73 Noncriminal infractions.—
412 (1) Violations of the following provisions of the vessel
413 laws of this state are noncriminal infractions:
414 (a) Section 328.46, relating to operation of unregistered
415 and unnumbered vessels.
416 (b) Section 328.48(4), relating to display of number and
417 possession of registration certificate.
418 (c) Section 328.48(5), relating to display of decal.
419 (d) Section 328.52(2), relating to display of number.
420 (e) Section 328.54, relating to spacing of digits and
421 letters of identification number.
422 (f) Section 328.60, relating to military personnel and
423 registration of vessels.
424 (g) Section 328.72(13), relating to operation with an
425 expired registration, for which the penalty is:
426 1. For a first or subsequent offense of s. 328.72(13)(a),
427 up to a maximum of $100.
428 2. For a first offense of s. 328.72(13)(b), up to a maximum
429 of $250.
430 3. For a second or subsequent offense of s. 328.72(13)(b),
431 up to a maximum of $500. A Any person cited for a noncriminal
432 infraction under this subparagraph may not have the provisions
433 of paragraph (4)(a) available to him or her but must appear
434 before the designated official at the time and location of the
435 scheduled hearing.
436 (h) Section 327.33(2), relating to careless operation.
437 (i) Section 327.37, relating to water skiing, aquaplaning,
438 parasailing, and similar activities.
439 (j) Section 327.44, relating to interference with
440 navigation.
441 (k) Violations relating to boating-restricted areas and
442 speed limits:
443 1. Established by the commission or by local governmental
444 authorities pursuant to s. 327.46.
445 2. Speed limits established pursuant to s. 379.2431(2).
446 (l) Section 327.48, relating to regattas and races.
447 (m) Section 327.50(1) and (2), relating to required safety
448 equipment, lights, and shapes.
449 (n) Section 327.65, relating to muffling devices.
450 (o) Section 327.33(3)(b), relating to a violation of
451 navigation rules:
452 1. That does not result in an accident; or
453 2. That results in an accident not causing serious bodily
454 injury or death, for which the penalty is:
455 a. For a first offense, up to a maximum of $500.
456 b. For a second offense, up to a maximum of $1,000.
457 c. For a third or subsequent offense, up to a maximum of
458 $1,500.
459 (p) Section 327.39(1), (2), (3), and (5), relating to
460 personal watercraft.
461 (q) Section 327.53(1), (2), (3), and (8), relating to
462 marine sanitation.
463 (r) Section 327.53(4), (5), and (7), relating to marine
464 sanitation, and s. 327.60, relating to no-discharge zones, for
465 which the civil penalty is $250.
466 (s) Section 327.395, relating to boater safety education.
467 However, a person cited for violating the requirements of s.
468 327.395 relating to failure to have required proof of boating
469 safety education in his or her possession may not be convicted
470 if, before or at the time of a county court hearing, the person
471 produces proof of the boating safety education identification
472 card or temporary certificate for verification by the hearing
473 officer or the court clerk and the identification card or
474 temporary certificate was valid at the time the person was
475 cited.
476 (t) Section 327.52(3), relating to operation of overloaded
477 or overpowered vessels.
478 (u) Section 327.331, relating to divers-down warning
479 devices, except for violations meeting the requirements of s.
480 327.33.
481 (v) Section 327.391(1), relating to the requirement for an
482 adequate muffler on an airboat.
483 (w) Section 327.391(3), relating to the display of a flag
484 on an airboat.
485 (x) Section 253.04(3)(a), relating to carelessly causing
486 seagrass scarring, for which the civil penalty upon conviction
487 is:
488 1. For a first offense, $100.
489 2. For a second offense occurring within 12 months after a
490 prior conviction, $250.
491 3. For a third offense occurring within 36 months after a
492 prior conviction, $500.
493 4. For a fourth or subsequent offense occurring within 72
494 months after a prior conviction, $1,000.
495 (y) Section 327.45, relating to protection zones for
496 springs, for which the penalty is:
497 1. For a first offense, $100.
498 2. For a second offense occurring within 12 months after a
499 prior conviction, $250.
500 3. For a third offense occurring within 36 months after a
501 prior conviction, $500.
502 4. For a fourth or subsequent offense occurring within 72
503 months after a prior conviction, $1,000.
504 (z) Section 327.4108, relating to the anchoring of vessels
505 in anchoring limitation areas, for which the penalty is:
506 1. For a first offense, up to a maximum of $100.
507 2. For a second offense, up to a maximum of $250.
508 3. For a third or subsequent offense, up to a maximum of
509 $500.
510 (aa) Section 327.4107, relating to vessels at risk of
511 becoming derelict on waters of this state, for which the civil
512 penalty is:
513 1. For a first offense, $100.
514 2. For a second offense occurring 30 days or more after a
515 first offense, $250.
516 3. For a third or subsequent offense occurring 30 days or
517 more after a previous offense, $500.
518
519 A vessel that is the subject of three or more violations issued
520 pursuant to the same paragraph of s. 327.4107(2) which occur
521 within a 24-month an 18-month period and which result in
522 dispositions other than acquittal or dismissal must shall be
523 declared to be a public nuisance and subject to ss. 705.103(2)
524 and (4) and 823.11(3). For purposes of this paragraph, failure
525 to appear at a hearing or failure to pay the civil penalty
526 constitutes a disposition other than acquittal or dismissal
527 unless such failure to appear or such nonpayment is excused or
528 set aside by the court for good cause shown. The commission, an
529 officer of the commission, or a law enforcement agency or
530 officer specified in s. 327.70 may relocate, remove, or cause to
531 be relocated or removed such public nuisance vessels from waters
532 of this state. The commission, an officer of the commission, or
533 a law enforcement agency or officer acting pursuant to this
534 paragraph upon waters of this state shall be held harmless for
535 all damages to the vessel resulting from such relocation or
536 removal unless the damage results from gross negligence or
537 willful misconduct as these terms are defined in s. 823.11.
538 (bb) Section 327.4109, relating to anchoring or mooring in
539 a prohibited area, for which the penalty is:
540 1. For a first offense, up to a maximum of $100.
541 2. For a second offense, up to a maximum of $250.
542 3. For a third or subsequent offense, up to a maximum of
543 $500.
544 (cc) Section 327.463(4)(a) and (b), relating to vessels
545 creating special hazards, for which the penalty is:
546 1. For a first offense, $100.
547 2. For a second offense occurring within 12 months after a
548 prior offense, $250.
549 3. For a third offense occurring within 36 months after a
550 prior offense, $500.
551 (dd) Section 327.371, relating to the regulation of human
552 powered vessels.
553 (ee) Section 328.03, relating to an improper transfer of
554 title, for which the penalty is up to a maximum of $500.
555 (ff) Section 328.48(9), relating to the failure to update
556 vessel registration information, for which the penalty is up to
557 a maximum of $500.
558 (gg) Section 327.4111, relating to long-term anchoring, for
559 which the penalty is:
560 1. For a first offense, up to a maximum of $100.
561 2. For a second offense, up to a maximum of $250.
562 3. For a third or subsequent offense, up to a maximum of
563 $500.
564
565 A vessel that is the subject of three or more violations of s.
566 327.4111 that occur within a 24-month period and that result in
567 dispositions other than acquittal or dismissal must be declared
568 a public nuisance and subject to ss. 705.103(2) and (4) and
569 823.11(3). For purposes of this paragraph, failure to appear at
570 a hearing or failure to pay the civil penalty required by s.
571 327.72 constitutes a disposition other than acquittal or
572 dismissal, unless such failure to appear or such nonpayment is
573 excused or set aside by the court for good cause shown. The
574 commission, an officer of the commission, or a law enforcement
575 agency or officer specified in s. 327.70 may relocate, remove,
576 or cause to be relocated or removed such public nuisance vessels
577 from waters of this state. The commission, an officer of the
578 commission, or a law enforcement agency or officer acting
579 pursuant to this paragraph shall be held harmless for all
580 damages to the vessel resulting from such relocation or removal
581 unless the damage results from gross negligence or willful
582 misconduct as those terms are defined in s. 823.11.
583
584 A Any person cited for a violation of this subsection is shall
585 be deemed to be charged with a noncriminal infraction, must
586 shall be cited for such an infraction, and must shall be cited
587 to appear before the county court. The civil penalty for any
588 such infraction is $100, except as otherwise provided in this
589 section. A Any person who fails to appear or otherwise properly
590 respond to a uniform boating citation, in addition to the charge
591 relating to the violation of the boating laws of this state,
592 must be charged with the offense of failing to respond to such
593 citation and, upon conviction, be guilty of a misdemeanor of the
594 second degree, punishable as provided in s. 775.082 or s.
595 775.083. A written warning to this effect must shall be provided
596 at the time such uniform boating citation is issued.
597 Section 12. Present subsections (2), (3), and (4) of
598 section 327.731, Florida Statutes, are redesignated as
599 subsections (3), (4), and (5), respectively, a new subsection
600 (2) is added to that section, and subsection (1) and present
601 subsection (3) of that section are amended, to read:
602 327.731 Mandatory education for violators.—
603 (1) A person convicted of a criminal violation under this
604 chapter, convicted of a noncriminal infraction under this
605 chapter if the infraction resulted in a reportable boating
606 accident, or convicted of a two noncriminal infraction
607 infractions as specified in s. 327.73(1)(h)-(k), (m), (o), (p),
608 (t), (u), (w), (x), and (y) and (s)-(y), the infractions
609 occurring within a 12-month period, must:
610 (a) Enroll in, attend, and successfully complete, at his or
611 her own expense, a classroom or online boating safety course
612 that is approved by and meets the minimum standards established
613 by commission rule;
614 (b) File with the commission within 90 days proof of
615 successful completion of the course; and
616 (c) Refrain from operating a vessel until he or she has
617 filed proof of successful completion of the course with the
618 commission; and
619 (d) Pay a fine of $500. The clerk of the court shall remit
620 all fines assessed and collected under this paragraph to the
621 Department of Revenue to be deposited into the Marine Resources
622 Conservation Trust Fund to support law enforcement activities.
623 (2) A person convicted of a criminal violation under this
624 chapter, convicted of a noncriminal infraction under this
625 chapter if the infraction resulted in a reportable boating
626 accident, or convicted of two noncriminal infractions as
627 specified in s. 327.73(1)(h)-(k), (o), (p), (t), (u), (w), (x),
628 and (y), occurring within a 12-month period, must pay a fine of
629 $500 and complete a boater safety education course that meets
630 the requirements of s. 327.395. The clerk of the court shall
631 remit all fines assessed and collected under this subsection to
632 the Department of Revenue to be deposited into the Marine
633 Resources Conservation Trust Fund to support law enforcement
634 activities.
635 (4)(3) The commission shall print on the reverse side of
636 the defendant’s copy of the boating citation a notice of the
637 provisions of this section. Upon conviction, the clerk of the
638 court shall notify the defendant that it is unlawful for him or
639 her to operate any vessel until he or she has complied with this
640 section, but failure of the clerk of the court to provide such a
641 notice shall not be a defense to a charge of unlawful operation
642 of a vessel under subsection (3) (2).
643 Section 13. Section 327.75, Florida Statutes, is created to
644 read:
645 327.75 Watercraft Energy Source Freedom Act.—
646 (1) SHORT TITLE.—This section may be cited as the
647 “Watercraft Energy Source Freedom Act.”
648 (2) DEFINITIONS.—For the purposes of this section, the
649 term:
650 (a) “Energy source” means any source of energy used to
651 power a watercraft, including, but not limited to, gasoline,
652 diesel fuel, electricity, hydrogen, and solar power.
653 (b) “Watercraft” means any vessel or craft designed for
654 navigation on water, including boats and personal watercraft.
655 (3) PROHIBITION ON RESTRICTIONS BASED ON ENERGY SOURCE.
656 Notwithstanding any other law to the contrary, a state agency,
657 municipality, governmental entity, or county may not restrict
658 the use or sale of a watercraft based on the energy source used
659 to power the watercraft, including an energy source used for
660 propulsion or used for powering other functions of the
661 watercraft.
662 Section 14. Subsection (3) of section 379.226, Florida
663 Statutes, is amended to read:
664 379.226 Florida Territorial Waters Act; alien-owned
665 commercial fishing vessels; prohibited acts; enforcement.—
666 (3) No license shall be issued by the Fish and Wildlife
667 Conservation Commission under s. 379.361, to any vessel owned in
668 whole or in part by any alien power, which subscribes to the
669 doctrine of international communism, or any subject or national
670 thereof, who subscribes to the doctrine of international
671 communism, or any individual who subscribes to the doctrine of
672 international communism, or who shall have signed a treaty of
673 trade, friendship and alliance or a nonaggression pact with any
674 communist power. The commission shall grant or withhold said
675 licenses where other alien vessels are involved on the basis of
676 reciprocity and retorsion, unless the nation concerned shall be
677 designated as a friendly ally or neutral by a formal suggestion
678 transmitted to the Governor of Florida by the Secretary of State
679 of the United States. Upon the receipt of such suggestion
680 licenses shall be granted under s. 379.361, without regard to
681 reciprocity and retorsion, to vessels of such nations.
682 Section 15. Subsection (1), paragraph (a) of subsection
683 (2), and subsection (4) of section 705.103, Florida Statutes,
684 are amended to read:
685 705.103 Procedure for abandoned or lost property.—
686 (1) Whenever a law enforcement officer ascertains that an
687 article of lost or abandoned property is present on public
688 property and is of such nature that it can be easily removed,
689 the officer shall take such article into custody and shall make
690 a reasonable attempt to ascertain the rightful owner or
691 lienholder pursuant to the provisions of this section. For the
692 purposes of this section, the term “owner” includes a vessel
693 owner as defined in s. 327.02.
694 (2)(a)1. Whenever a law enforcement officer ascertains
695 that:
696 a. An article of lost or abandoned property other than a
697 derelict vessel or a vessel declared a public nuisance pursuant
698 to s. 327.73(1)(aa) is present on public property and is of such
699 nature that it cannot be easily removed, the officer shall cause
700 a notice to be placed upon such article in substantially the
701 following form:
702
703 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
704 PROPERTY. This property, to wit: ...(setting forth brief
705 description)... is unlawfully upon public property known as
706 ...(setting forth brief description of location)... and must be
707 removed within 5 days; otherwise, it will be removed and
708 disposed of pursuant to chapter 705, Florida Statutes. The owner
709 will be liable for the costs of removal, storage, and
710 publication of notice. Dated this: ...(setting forth the date of
711 posting of notice)..., signed: ...(setting forth name, title,
712 address, and telephone number of law enforcement officer)....
713
714 b. A derelict vessel or a vessel declared a public nuisance
715 pursuant to s. 327.73(1)(aa) is present on the waters of this
716 state, the officer shall cause a notice to be placed upon such
717 vessel in substantially the following form:
718
719 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
720 VESSEL. This vessel, to wit: ...(setting forth brief description
721 of location)... has been determined to be ...(derelict or a
722 public nuisance)... and is unlawfully upon the waters of this
723 state ...(setting forth brief description of location)... and
724 must be removed within 21 days; otherwise, it will be removed
725 and disposed of pursuant to chapter 705, Florida Statutes. The
726 owner and other interested parties have the right to a hearing
727 to challenge the determination that this vessel is derelict or
728 otherwise in violation of the law. Please contact ...(contact
729 information for person who can arrange for a hearing in
730 accordance with this section).... The owner of or the party
731 determined to be legally responsible for the vessel on being
732 upon the waters of this state in a derelict condition or as a
733 public nuisance will be liable for the costs of removal,
734 destruction, and disposal if this vessel is not removed by the
735 owner. Dated this: ...(setting forth the date of posting of
736 notice)..., signed: ...(setting forth name, title, address, and
737 telephone number of law enforcement officer)....
738
739 2. The notices required under subparagraph 1. may not be
740 less than 8 inches by 10 inches and must be sufficiently
741 weatherproof to withstand normal exposure to the elements. In
742 addition to posting, the law enforcement officer shall make a
743 reasonable effort to ascertain the name and address of the
744 owner. If such is reasonably available to the officer, he or she
745 must or he shall mail a copy of such notice to the owner on the
746 date of posting or as soon thereafter as is practical. If the
747 property is a motor vehicle as defined in s. 320.01(1) or a
748 vessel as defined in s. 327.02, the law enforcement agency must
749 shall contact the Department of Highway Safety and Motor
750 Vehicles in order to determine the name and address of the owner
751 and any person who has filed a lien on the vehicle or vessel as
752 provided in s. 319.27(2) or (3) or s. 328.15. On receipt of this
753 information, the law enforcement agency shall mail a copy of the
754 notice by certified mail, return receipt requested, to the owner
755 and to the lienholder, if any, except that a law enforcement
756 officer who has issued a citation for a violation of s. 823.11
757 to the owner of a derelict vessel is not required to mail a copy
758 of the notice by certified mail, return receipt requested, to
759 the owner. For a derelict vessel or a vessel declared a public
760 nuisance pursuant to s. 327.73(1)(aa), the mailed notice must
761 inform the owner or responsible party that he or she has a right
762 to a hearing to dispute the determination that the vessel is
763 derelict or otherwise in violation of the law. If a request for
764 a hearing is made, a state agency must shall follow the
765 processes as set forth in s. 120.569. Local governmental
766 entities shall follow the processes set forth in s. 120.569,
767 except that a local judge, magistrate, or code enforcement
768 officer may be designated to conduct such a hearing. If, at the
769 end of 5 days after posting the notice in sub-subparagraph 1.a.,
770 or at the end of 21 days after posting the notice in sub
771 subparagraph 1.b., and mailing such notice, if required, the
772 owner or any person interested in the lost or abandoned article
773 or articles described has not removed the article or articles
774 from public property or shown reasonable cause for failure to do
775 so, and, in the case of a derelict vessel or a vessel declared a
776 public nuisance pursuant to s. 327.73(1)(aa), has not requested
777 a hearing in accordance with this section, the following applies
778 shall apply:
779 a. For abandoned property other than a derelict vessel or a
780 vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
781 the law enforcement agency may retain any or all of the property
782 for its own use or for use by the state or unit of local
783 government, trade such property to another unit of local
784 government or state agency, donate the property to a charitable
785 organization, sell the property, or notify the appropriate
786 refuse removal service.
787 b. For a derelict vessel or a vessel declared a public
788 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
789 agency or its designee may:
790 (I) Remove the vessel from the waters of this state and
791 destroy and dispose of the vessel or authorize another
792 governmental entity or its designee to do so; or
793 (II) Authorize the vessel’s use as an artificial reef in
794 accordance with s. 379.249 if all necessary federal, state, and
795 local authorizations are received.
796
797 A law enforcement agency or its designee may also take action as
798 described in this sub-subparagraph if, following a hearing
799 pursuant to this section, the judge, magistrate, administrative
800 law judge, or hearing officer has determined the vessel to be
801 derelict as provided in s. 823.11 or otherwise in violation of
802 the law in accordance with s. 327.73(1)(aa) and a final order
803 has been entered or the case is otherwise closed.
804 (4) The owner of any abandoned or lost property, or in the
805 case of a derelict vessel or a vessel declared a public nuisance
806 pursuant to s. 327.73(1)(aa), the owner of or other party
807 determined to be legally responsible for the vessel on being
808 upon the waters of this state in a derelict condition or as a
809 public nuisance, who, after notice as provided in this section,
810 does not remove such property within the specified period is
811 liable to the law enforcement agency, other governmental entity,
812 or the agency’s or entity’s designee for all costs of removal,
813 storage, destruction, and disposal of such property, less any
814 salvage value obtained by disposal of the property. Upon final
815 disposition of the property, the law enforcement officer or
816 representative of the law enforcement agency or other
817 governmental entity shall notify the owner, or in the case of a
818 derelict vessel or vessel declared a public nuisance pursuant to
819 s. 327.73(1)(aa), the owner or other party determined to be
820 legally responsible, if known, of the amount owed. In the case
821 of an abandoned vessel or motor vehicle, a any person who
822 neglects or refuses to pay such amount is not entitled to be
823 issued a certificate of registration for such vessel or motor
824 vehicle, or any other vessel or motor vehicle, until such costs
825 have been paid. A person who has neglected or refused to pay all
826 costs of removal, storage, disposal, and destruction of a vessel
827 or motor vehicle as provided in this section, after having been
828 provided written notice via certified mail that such costs are
829 owed, and who applies for and is issued a registration for a
830 vessel or motor vehicle before such costs have been paid in full
831 commits a misdemeanor of the first degree, punishable as
832 provided in s. 775.082 or s. 775.083. The law enforcement
833 officer or representative of the law enforcement agency or other
834 governmental entity shall supply the Department of Highway
835 Safety and Motor Vehicles with a list of persons whose vessel
836 registration privileges and motor vehicle privileges have been
837 revoked under this subsection. The department or a person acting
838 as an agent of the department may not issue a certificate of
839 registration to a person whose vessel and motor vehicle
840 registration privileges have been revoked, as provided by this
841 subsection, until such costs have been paid.
842 Section 16. Section 782.072, Florida Statutes, is amended
843 to read:
844 782.072 Vessel homicide.—“Vessel homicide” means is the
845 killing of a human being, including the death of an unborn child
846 as defined in s. 775.021(5)(e) caused by injury to the mother,
847 by the operation of a vessel as defined in s. 327.02 by another
848 in a reckless manner likely to cause the death of, or great
849 bodily harm to, another. Vessel homicide is:
850 (1) A felony of the second degree, punishable as provided
851 in s. 775.082, s. 775.083, or s. 775.084.
852 (2) A felony of the first degree, punishable as provided in
853 s. 775.082, s. 775.083, or s. 775.084, if:
854 (a) At the time of the accident, the person knew, or should
855 have known, that the accident occurred; and
856 (b) The person failed to give information and render aid as
857 required by s. 327.30(1).
858
859 This subsection does not require that the person knew that the
860 accident resulted in injury or death.
861 Section 17. Paragraphs (a), (c), and (d) of subsection (2),
862 paragraph (a) of subsection (3), paragraph (c) of subsection
863 (4), and subsections (6) and (7) of section 823.11, Florida
864 Statutes, are amended, paragraph (e) is added to subsection (2)
865 of that section, and paragraph (b) of subsection (1) of that
866 section is reenacted, to read:
867 823.11 Derelict vessels; relocation or removal; penalty.—
868 (1) As used in this section, the term:
869 (b) “Derelict vessel” means a vessel, as defined in s.
870 327.02, that is:
871 1. In a wrecked, junked, or substantially dismantled
872 condition upon any waters of this state.
873 a. A vessel is wrecked if it is sunken or sinking; aground
874 without the ability to extricate itself absent mechanical
875 assistance; or remaining after a marine casualty, including, but
876 not limited to, a boating accident, extreme weather, or a fire.
877 b. A vessel is junked if it has been substantially stripped
878 of vessel components, if vessel components have substantially
879 degraded or been destroyed, or if the vessel has been discarded
880 by the owner or operator. Attaching an outboard motor to a
881 vessel that is otherwise junked will not cause the vessel to no
882 longer be junked if such motor is not an effective means of
883 propulsion as required by s. 327.4107(2)(e) and associated
884 rules.
885 c. A vessel is substantially dismantled if at least two of
886 the three following vessel systems or components are missing,
887 compromised, incomplete, inoperable, or broken:
888 (I) The steering system;
889 (II) The propulsion system; or
890 (III) The exterior hull integrity.
891
892 Attaching an outboard motor to a vessel that is otherwise
893 substantially dismantled will not cause the vessel to no longer
894 be substantially dismantled if such motor is not an effective
895 means of propulsion as required by s. 327.4107(2)(e) and
896 associated rules.
897 2. At a port in this state without the consent of the
898 agency having jurisdiction thereof.
899 3. Docked, grounded, or beached upon the property of
900 another without the consent of the owner of the property.
901 (2)(a) A vessel owner as defined in s. 327.02 person, firm,
902 or corporation may not leave any derelict vessel upon waters of
903 this state. For purposes of this paragraph, the term “leave”
904 means to allow a vessel to remain occupied or unoccupied on the
905 waters of this state for more than 24 hours.
906 (c) The additional time provided in subparagraph (b)2. for
907 an owner or responsible party to remove a derelict vessel from
908 the waters of this state or to repair and remedy the vessel’s
909 derelict condition does not apply to a vessel that was derelict
910 upon the waters of this state before the stated accident or
911 event.
912 (d) Notwithstanding the additional 45 days provided in sub
913 subparagraph (b)2.b. during which an owner or a responsible
914 party may not be charged for a violation of this section, the
915 commission, an officer of the commission, a law enforcement
916 agency or officer specified in s. 327.70, or, during a state of
917 emergency declared by the Governor, the Division of Emergency
918 Management or its designee, may immediately begin the process
919 set forth in s. 705.103(2)(a) and, once that process has been
920 completed and the 45 days provided herein have passed, any
921 vessel that has not been removed or repaired such that it is no
922 longer derelict upon the waters of this state may be removed and
923 destroyed as provided therein.
924 (e) The title of a derelict vessel is prima facie evidence
925 of ownership for any derelict vessel left upon the waters of
926 this state. An owner who attempts to transfer ownership of a
927 vessel or derelict vessel through means other than the process
928 outlined in s. 328.22 or s. 328.64 will not be exonerated from
929 the responsibility of having a derelict vessel upon the waters
930 of this state without a written agreement of ownership by the
931 transferee or evidence of agreement to transfer ownership to the
932 transferee and the exchange of consideration between the
933 parties.
934 (3) The commission, an officer of the commission, or a law
935 enforcement agency or officer specified in s. 327.70 may
936 relocate, remove, and store or cause to be relocated, removed,
937 and stored a derelict vessel from waters of this state as
938 defined in s. 327.02 if the derelict vessel obstructs or
939 threatens to obstruct navigation or in any way constitutes a
940 danger to the environment, property, or persons. The commission,
941 an officer of the commission, or any other law enforcement
942 agency or officer acting pursuant to this subsection to
943 relocate, remove, and store or cause to be relocated, removed,
944 and stored a derelict vessel from waters of this state shall be
945 held harmless for all damages to the derelict vessel resulting
946 from such action unless the damage results from gross negligence
947 or willful misconduct.
948 (a) All costs, including costs owed to a third party,
949 incurred by the commission, another law enforcement agency, or a
950 governmental subdivision, when the governmental subdivision has
951 received authorization from a law enforcement officer or agency,
952 in the relocation, removal, storage, destruction, or disposal of
953 a derelict vessel are recoverable against the vessel owner of or
954 the party determined to be legally responsible for the vessel on
955 being upon the waters of this state in a derelict condition. The
956 Department of Legal Affairs shall represent the commission in
957 actions to recover such costs. As provided in s. 705.103(4), a
958 person who neglects or refuses to pay such costs may not be
959 issued a certificate of registration for such vessel or for any
960 other vessel or motor vehicle until such costs have been paid. A
961 person who has neglected or refused to pay all costs of removal,
962 storage, destruction, or disposal of a derelict vessel as
963 provided in this section, after having been provided written
964 notice via certified mail that such costs are owed, and who
965 applies for and is issued a registration for a vessel or motor
966 vehicle before such costs have been paid in full commits a
967 misdemeanor of the first degree, punishable as provided in s.
968 775.082 or s. 775.083.
969 (4)
970 (c) The commission may establish a program to provide
971 grants to local governments for the removal, storage,
972 destruction, and disposal of derelict vessels from the waters of
973 this state. This grant funding may also be used for the removal,
974 storage, destruction, and disposal of vessels declared a public
975 nuisance pursuant to s. 327.73(1)(aa) or the derelict vessel
976 prevention program established pursuant to s. 327.4107(7). The
977 program must be funded from the Marine Resources Conservation
978 Trust Fund or the Florida Coastal Protection Trust Fund.
979 Notwithstanding s. 216.181(11), funds available for these grants
980 may only be authorized by appropriations acts of the
981 Legislature. In a given fiscal year, if all funds appropriated
982 pursuant to this paragraph are not requested by and granted to
983 local governments for the removal, storage, destruction, and
984 disposal of derelict vessels or vessels declared a public
985 nuisance pursuant to s. 327.73(1)(aa) by the end of the third
986 quarter, the Fish and Wildlife Conservation Commission may use
987 the remainder of the funds to remove, store, destroy, and
988 dispose of, or to pay private contractors to remove, store,
989 destroy, and dispose of, derelict vessels or vessels declared a
990 public nuisance pursuant to s. 327.73(1)(aa). The commission
991 shall adopt by rule procedures for local governments to submit a
992 grant application and criteria for allocating available funds.
993 Such criteria must include, at a minimum, all of the following:
994 1. The number of derelict vessels within the jurisdiction
995 of the applicant.
996 2. The threat posed by such vessels to public health or
997 safety, the environment, navigation, or the aesthetic condition
998 of the general vicinity.
999 3. The degree of commitment of the local government to
1000 maintain waters free of abandoned and derelict vessels and to
1001 seek legal action against those who abandon vessels in the
1002 waters of this state as defined in s. 327.02.
1003 (6) A person, firm, or corporation violating this section
1004 commits a misdemeanor of the first degree and shall be punished
1005 as provided by law. A conviction under this section does not bar
1006 the assessment and collection of a civil penalty. The court
1007 having jurisdiction over the criminal offense, notwithstanding
1008 any jurisdictional limitations on the amount in controversy, may
1009 order the imposition of such civil penalty in addition to any
1010 sentence imposed for the first criminal offense.
1011 (a) For a first offense, a vessel owner who violates this
1012 section commits a misdemeanor of the first degree, punishable as
1013 provided in s. 775.082 or s. 775.083.
1014 (b) For a second offense, a vessel owner who violates this
1015 section commits a felony of the third degree, punishable as
1016 provided in s. 775.082, s. 775.083, or s. 775.084.
1017 (c) For a third or subsequent offense, a vessel owner who
1018 violates this section commits a felony of the second degree,
1019 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1020 (7) A person may not reside or dwell on a vessel determined
1021 to be derelict by disposition of a court or administrative
1022 order, or where the vessel owner does not challenge the derelict
1023 determination pursuant to chapter 120. A person who violates
1024 this subsection commits a misdemeanor of the first degree,
1025 punishable as provided in s. 775.082 or s. 775.083. Law
1026 enforcement has the power and duty to issue orders, perform
1027 investigations, complete reports, and perform arrests in
1028 connection with such violations to enforce this provision. If a
1029 vessel is returned to the waters of this state in a condition
1030 that is no longer derelict, a person may reside or dwell on such
1031 vessel. The commission may adopt rules to implement this section
1032 If an owner or a responsible party of a vessel determined to be
1033 derelict through an administrative or criminal proceeding has
1034 been charged by an officer of the commission or any law
1035 enforcement agency or officer as specified in s. 327.70 under
1036 subsection (6) for a violation of subsection (2), a person may
1037 not reside or dwell on such vessel until the vessel is removed
1038 from the waters of the state permanently or returned to the
1039 waters of the state in a condition that is no longer derelict.
1040 Section 18. For the purpose of incorporating the amendment
1041 made by this act to section 823.11, Florida Statutes, in a
1042 reference thereto, section 327.04, Florida Statutes, is
1043 reenacted to read:
1044 327.04 Rules.—The commission may adopt rules pursuant to
1045 ss. 120.536(1) and 120.54 to implement this chapter, the
1046 provisions of chapter 705 relating to vessels, and s. 823.11
1047 conferring powers or duties upon it.
1048 Section 19. For the purpose of incorporating the amendment
1049 made by this act to section 823.11, Florida Statutes, in a
1050 reference thereto, paragraph (d) of subsection (6) of section
1051 327.4108, Florida Statutes, is reenacted to read:
1052 327.4108 Anchoring of vessels in anchoring limitation
1053 areas.—
1054 (6)
1055 (d) A vessel that is the subject of more than three
1056 violations within 12 months which result in dispositions other
1057 than acquittal or dismissal shall be declared to be a public
1058 nuisance and subject to s. 705.103 or, for a derelict vessel,
1059 subject to s. 823.11.
1060 Section 20. For the purpose of incorporating the amendment
1061 made by this act to section 327.73, Florida Statutes, in a
1062 reference thereto, subsection (1) of section 705.101, Florida
1063 Statutes, is reenacted to read:
1064 705.101 Definitions.—As used in this chapter:
1065 (1) “Abandoned property” means all tangible personal
1066 property that does not have an identifiable owner and that has
1067 been disposed on public property in a wrecked, inoperative, or
1068 partially dismantled condition or has no apparent intrinsic
1069 value to the rightful owner. The term includes derelict vessels
1070 as defined in s. 823.11 and vessels declared a public nuisance
1071 pursuant to s. 327.73(1)(aa).
1072 Section 21. For the purpose of incorporating the amendment
1073 made by this act to section 705.103, Florida Statutes, in a
1074 reference thereto, subsection (1) of section 705.104, Florida
1075 Statutes, is reenacted to read:
1076 705.104 Title to lost or abandoned property.—
1077 (1) Title to lost or abandoned property is hereby vested in
1078 the finder upon the expiration of the 90-day custodial time
1079 period specified in s. 705.103(2)(b), provided the notice
1080 requirements of s. 705.103 have been met, unless the rightful
1081 owner or a lienholder claims the property within that time.
1082 Section 22. For the purpose of incorporating the amendment
1083 made by this act to section 705.103, Florida Statutes, in a
1084 reference thereto, subsection (8) of section 713.585, Florida
1085 Statutes, is reenacted to read:
1086 713.585 Enforcement of lien by sale of motor vehicle.—A
1087 person claiming a lien under s. 713.58 for performing labor or
1088 services on a motor vehicle may enforce such lien by sale of the
1089 vehicle in accordance with the following procedures:
1090 (8) A vehicle subject to lien enforcement pursuant to this
1091 section must be sold by the lienor at public sale. Immediately
1092 upon the sale of the vehicle and payment in cash of the purchase
1093 price, the lienor shall deposit with the clerk of the circuit
1094 court the proceeds of the sale less the amount claimed by the
1095 lienor for work done and storage, if any, and all reasonable
1096 costs and expenses incurred in conducting the sale, including
1097 any attorney’s fees and costs ordered by the court.
1098 Simultaneously with depositing the proceeds of sale remaining
1099 after payment to the lienor, the lienor shall file with the
1100 clerk a verified report of the sale stating a description of the
1101 vehicle sold, including the vehicle identification number; the
1102 name and address of the purchaser; the date of the sale; and the
1103 selling price. The report shall also itemize the amount retained
1104 by the lienor pursuant to this section and shall indicate
1105 whether a hearing was demanded and held. All proceeds held by
1106 the court shall be held for the benefit of the owner of the
1107 vehicle or any lienholder whose lien is discharged by the sale
1108 and shall be disbursed only upon order of the court. Unless a
1109 proceeding is initiated to validate a claim to such proceeds
1110 within 1 year and a day from the date of the sale, the proceeds
1111 shall be deemed abandoned property and disposition thereof shall
1112 be governed by s. 705.103. The clerk shall receive 5 percent of
1113 the proceeds deposited with her or him, not to exceed $25, for
1114 her or his services under this section.
1115 Section 23. Except as otherwise expressly provided in this
1116 act, this act shall take effect July 1, 2025.
1117
1118 ================= T I T L E A M E N D M E N T ================
1119 And the title is amended as follows:
1120 Delete everything before the enacting clause
1121 and insert:
1122 An act relating to vessels; amending s. 327.02, F.S.;
1123 revising the definition of the term “livery vessel”;
1124 deleting the term “owner”; defining the term “vessel
1125 owner”; amending s. 327.30, F.S.; revising and
1126 providing penalties for vessel collisions, accidents,
1127 and casualties; amending s. 327.33, F.S.; revising and
1128 providing penalties for reckless or careless operation
1129 of a vessel; creating s. 327.35105, F.S.; requiring
1130 the suspension of driver licenses for boating under
1131 the influence and reckless or careless operation of a
1132 vessel until certain conditions are met; reenacting
1133 and amending s. 327.4107, F.S.; providing a penalty
1134 for a person anchoring or mooring a vessel at risk of
1135 becoming derelict on the waters of this state;
1136 revising criteria for a vessel to be determined at
1137 risk of becoming derelict; revising the manner and
1138 timeframe for vessel owners or operators to
1139 demonstrate a vessel’s effective means of propulsion
1140 for safe navigation; deleting provisions providing a
1141 penalty for a person who anchors or moors certain
1142 vessels on the waters of this state; creating s.
1143 327.4111, F.S.; defining the term “long-term
1144 anchoring”; requiring the Fish and Wildlife
1145 Conservation Commission to issue, at no cost, a permit
1146 for the long-term anchoring of a vessel which includes
1147 specified information; providing specifications of
1148 such permit; providing a penalty for long-term
1149 anchoring without a permit; providing applicability;
1150 providing that a permit is not required under certain
1151 circumstances; requiring the commission to use an
1152 electronic application and permitting system;
1153 clarifying that certain provisions do not supersede
1154 any other anchoring limitations established pursuant
1155 to law; authorizing the commission to adopt rules;
1156 amending s. 327.45, F.S.; specifying that the
1157 commission’s authorization to establish protection
1158 zones includes modifying the allowable means of
1159 certain vessel positioning to prevent significant harm
1160 to certain springs; revising what constitutes
1161 significant harm; reenacting and amending s. 327.54,
1162 F.S.; revising the definition of the term “livery”;
1163 amending s. 327.56, F.S.; prohibiting an officer from
1164 performing a vessel stop or boarding a vessel without
1165 probable cause; prohibiting an officer from performing
1166 a vessel stop or boarding a vessel under certain
1167 circumstances; providing that a violation of safety or
1168 marine sanitation equipment requirements is a
1169 secondary rather than a primary offense; amending s.
1170 327.70, F.S.; requiring the commission, in
1171 coordination with the Department of Highway Safety and
1172 Motor Vehicles, to create the “Florida Freedom Boater”
1173 safety inspection decal for specified purposes;
1174 providing for the award of such decal; providing
1175 requirements for such decal; authorizing an officer to
1176 stop a vessel for a lawful purpose when the officer
1177 has probable cause or knowledge to believe a violation
1178 of certain provisions has occurred or is occurring;
1179 authorizing the enforcement of certain noncriminal
1180 violations by citation mailed or issued to the owner
1181 of certain vessels; amending s. 327.73, F.S.;
1182 requiring that a vessel subject to a specified number
1183 of violations within a 24-month period which result in
1184 certain dispositions be declared a public nuisance;
1185 providing that failure to appear at a hearing or
1186 failure to pay civil penalties constitutes a certain
1187 disposition; providing penalties related to long-term
1188 anchoring; requiring that a vessel subject to a
1189 specified number of violations relating to long-term
1190 anchoring within a 24-month period which result in
1191 certain dispositions be declared a public nuisance;
1192 providing that failure to appear at a hearing or
1193 failure to pay a certain civil penalty constitutes a
1194 disposition other than acquittal or dismissal;
1195 providing an exception; authorizing certain entities
1196 and persons to relocate, remove, or cause to be
1197 relocated or removed certain vessels; requiring that
1198 such entities and persons be held harmless for all
1199 damages to a vessel resulting from such relocation or
1200 removal; providing exceptions; amending s. 327.731,
1201 F.S.; requiring a person convicted of a certain
1202 criminal violation or certain noncriminal infractions
1203 within a specified period to complete a boater safety
1204 education course; creating s. 327.75, F.S.; providing
1205 a short title; defining the terms “energy source” and
1206 “watercraft”; prohibiting specified entities from
1207 restricting the use or sale of watercraft based on the
1208 energy source used by such watercraft; amending s.
1209 379.226, F.S.; revising provisions prohibiting the
1210 issuance of a license to a vessel owned by certain
1211 alien powers; amending s. 705.103, F.S.; defining the
1212 term “owner”; revising the notice placed upon a
1213 derelict vessel declared a public nuisance which is
1214 present upon the waters of this state; deleting a
1215 provision specifying that a party responsible for a
1216 derelict vessel or a vessel declared a public nuisance
1217 has the right to a certain hearing; deleting
1218 provisions assigning liability to a party deemed
1219 legally responsible for a derelict vessel or vessel
1220 declared a public nuisance; deleting provisions
1221 allowing a law enforcement officer or a representative
1222 of a law enforcement agency or other governmental
1223 entity to notify a party deemed legally responsible
1224 for a derelict vessel or a vessel declared a public
1225 nuisance of the final disposition of the derelict
1226 vessel; amending s. 782.072, F.S.; revising the
1227 definition of the term “vessel homicide”; reenacting
1228 and amending s. 823.11, F.S.; prohibiting a vessel
1229 owner from leaving a derelict vessel upon the waters
1230 of this state; deleting provisions related to a party
1231 responsible for a derelict vessel; providing prima
1232 facie evidence of ownership or control of a derelict
1233 vessel left upon the waters of this state; providing a
1234 means of exonerating an owner of a vessel or derelict
1235 vessel of responsibility if such owner attempts to
1236 transfer ownership or control of such vessel;
1237 providing that the owner of a derelict vessel is
1238 exclusively responsible for all costs associated with
1239 the relocation, removal, storage, destruction, or
1240 disposal of the derelict vessel; authorizing the
1241 commission to use grant funds allocated for the
1242 removal, storage, destruction, and disposal of
1243 derelict vessels from the waters of this state for the
1244 derelict vessel prevention program; providing
1245 penalties; prohibiting a person from dwelling or
1246 residing on a derelict vessel; providing penalties;
1247 authorizing law enforcement officers to enforce such
1248 provisions; authorizing a person to reside on a vessel
1249 if the vessel is in a state or condition that is no
1250 longer derelict; authorizing the commission to adopt
1251 rules; reenacting ss. 327.04 and 327.4108(6)(d), F.S.,
1252 relating to rules and the anchoring of vessels in
1253 anchoring limitation areas, respectively, to
1254 incorporate the amendment made to s. 832.11, F.S., in
1255 references thereto; reenacting s. 705.101(1), F.S.,
1256 relating to definitions, to incorporate the amendment
1257 made to s. 327.73, F.S., in a reference thereto;
1258 reenacting ss. 705.104(1) and 713.585(8), F.S.,
1259 relating to the title to lost or abandoned property
1260 and the enforcement of a lien by sale of motor
1261 vehicle, respectively, to incorporate the amendment
1262 made to s. 705.103, F.S., in references thereto;
1263 providing effective dates.