CS for SB 1388 First Engrossed
20251388e1
1 A bill to be entitled
2 An act relating to vessels; amending s. 327.02, F.S.;
3 revising the definition of the term “livery vessel”;
4 deleting the term “owner”; defining the term “vessel
5 owner”; amending s. 327.30, F.S.; revising and
6 providing penalties for vessel collisions, accidents,
7 and casualties; amending s. 327.33, F.S.; revising and
8 providing penalties for reckless or careless operation
9 of a vessel; creating s. 327.35105, F.S.; requiring
10 the suspension of driver licenses for boating under
11 the influence and reckless or careless operation of a
12 vessel until certain conditions are met; reenacting
13 and amending s. 327.4107, F.S.; providing a penalty
14 for a person anchoring or mooring a vessel at risk of
15 becoming derelict on the waters of this state;
16 revising criteria for a vessel to be determined at
17 risk of becoming derelict; revising the manner and
18 timeframe for vessel owners or operators to
19 demonstrate a vessel’s effective means of propulsion
20 for safe navigation; deleting provisions providing a
21 penalty for a person who anchors or moors certain
22 vessels on the waters of this state; creating s.
23 327.4111, F.S.; defining the term “long-term
24 anchoring”; requiring the Fish and Wildlife
25 Conservation Commission to issue, at no cost, a permit
26 for the long-term anchoring of a vessel which includes
27 specified information; providing specifications of
28 such permit; providing a penalty for long-term
29 anchoring without a permit; providing applicability;
30 providing that a permit is not required under certain
31 circumstances; requiring the commission to use an
32 electronic application and permitting system;
33 clarifying that certain provisions do not supersede
34 any other anchoring limitations established pursuant
35 to law; authorizing the commission to adopt rules;
36 amending s. 327.45, F.S.; specifying that the
37 commission’s authorization to establish protection
38 zones includes modifying the allowable means of
39 certain vessel positioning to prevent significant harm
40 to certain springs; revising what constitutes
41 significant harm; reenacting and amending s. 327.54,
42 F.S.; revising the definition of the term “livery”;
43 amending s. 327.56, F.S.; prohibiting an officer from
44 performing a vessel stop or boarding a vessel without
45 probable cause; prohibiting an officer from performing
46 a vessel stop or boarding a vessel under certain
47 circumstances; providing that a violation of safety or
48 marine sanitation equipment requirements is a
49 secondary rather than a primary offense; amending s.
50 327.70, F.S.; requiring the commission, in
51 coordination with the Department of Highway Safety and
52 Motor Vehicles, to create the “Florida Freedom Boater”
53 safety inspection decal for specified purposes;
54 providing for the award of such decal; providing
55 requirements for such decal; authorizing an officer to
56 stop a vessel for a lawful purpose when the officer
57 has probable cause or knowledge to believe a violation
58 of certain provisions has occurred or is occurring;
59 authorizing the enforcement of certain noncriminal
60 violations by citation mailed or issued to the owner
61 of certain vessels; amending s. 327.73, F.S.;
62 requiring that a vessel subject to a specified number
63 of violations within a 24-month period which result in
64 certain dispositions be declared a public nuisance;
65 providing that failure to appear at a hearing or
66 failure to pay civil penalties constitutes a certain
67 disposition; providing penalties related to long-term
68 anchoring; requiring that a vessel subject to a
69 specified number of violations relating to long-term
70 anchoring within a 24-month period which result in
71 certain dispositions be declared a public nuisance;
72 providing that failure to appear at a hearing or
73 failure to pay a certain civil penalty constitutes a
74 disposition other than acquittal or dismissal;
75 providing an exception; authorizing certain entities
76 and persons to relocate, remove, or cause to be
77 relocated or removed certain vessels; requiring that
78 such entities and persons be held harmless for all
79 damages to a vessel resulting from such relocation or
80 removal; providing exceptions; amending s. 327.731,
81 F.S.; requiring a person convicted of a certain
82 criminal violation or certain noncriminal infractions
83 within a specified period to complete a boater safety
84 education course; creating s. 327.75, F.S.; providing
85 a short title; defining the terms “energy source” and
86 “watercraft”; prohibiting specified entities from
87 restricting the use or sale of watercraft based on the
88 energy source used by such watercraft; amending s.
89 379.226, F.S.; revising provisions prohibiting the
90 issuance of a license to a vessel owned by certain
91 alien powers; amending s. 705.103, F.S.; defining the
92 term “owner”; revising the notice placed upon a
93 derelict vessel declared a public nuisance which is
94 present upon the waters of this state; deleting a
95 provision specifying that a party responsible for a
96 derelict vessel or a vessel declared a public nuisance
97 has the right to a certain hearing; deleting
98 provisions assigning liability to a party deemed
99 legally responsible for a derelict vessel or vessel
100 declared a public nuisance; deleting provisions
101 allowing a law enforcement officer or a representative
102 of a law enforcement agency or other governmental
103 entity to notify a party deemed legally responsible
104 for a derelict vessel or a vessel declared a public
105 nuisance of the final disposition of the derelict
106 vessel; amending s. 782.072, F.S.; revising the
107 definition of the term “vessel homicide”; reenacting
108 and amending s. 823.11, F.S.; prohibiting a vessel
109 owner from leaving a derelict vessel upon the waters
110 of this state; deleting provisions related to a party
111 responsible for a derelict vessel; providing prima
112 facie evidence of ownership or control of a derelict
113 vessel left upon the waters of this state; providing a
114 means of exonerating an owner of a vessel or derelict
115 vessel of responsibility if such owner attempts to
116 transfer ownership or control of such vessel;
117 providing that the owner of a derelict vessel is
118 exclusively responsible for all costs associated with
119 the relocation, removal, storage, destruction, or
120 disposal of the derelict vessel; authorizing the
121 commission to use grant funds allocated for the
122 removal, storage, destruction, and disposal of
123 derelict vessels from the waters of this state for the
124 derelict vessel prevention program; providing
125 penalties; prohibiting a person from dwelling or
126 residing on a derelict vessel; providing penalties;
127 authorizing law enforcement officers to enforce such
128 provisions; authorizing a person to reside on a vessel
129 if the vessel is in a state or condition that is no
130 longer derelict; authorizing the commission to adopt
131 rules; reenacting ss. 327.04 and 327.4108(6)(d), F.S.,
132 relating to rules and the anchoring of vessels in
133 anchoring limitation areas, respectively, to
134 incorporate the amendment made to s. 832.11, F.S., in
135 references thereto; reenacting s. 705.101(1), F.S.,
136 relating to definitions, to incorporate the amendment
137 made to s. 327.73, F.S., in a reference thereto;
138 reenacting ss. 705.104(1) and 713.585(8), F.S.,
139 relating to the title to lost or abandoned property
140 and the enforcement of a lien by sale of motor
141 vehicle, respectively, to incorporate the amendment
142 made to s. 705.103, F.S., in references thereto;
143 providing effective dates.
144
145 Be It Enacted by the Legislature of the State of Florida:
146
147 Section 1. Subsections (24) and (35) through (47) of
148 section 327.02, Florida Statutes, are amended, and a new
149 subsection (47) is added to that section, to read:
150 327.02 Definitions.—As used in this chapter and in chapter
151 328, unless the context clearly requires a different meaning,
152 the term:
153 (24) “Livery vessel” means a leased or rented vessel
154 leased, rented, or chartered to another for consideration.
155 (35) “Owner” means a person, other than a lienholder,
156 having the property in or title to a vessel. The term includes a
157 person entitled to the use or possession of a vessel subject to
158 an interest in another person which is reserved or created by
159 agreement and securing payment of performance of an obligation.
160 The term does not include a lessee under a lease not intended as
161 security.
162 (36) “Person” means an individual, partnership, firm,
163 corporation, association, or other entity.
164 (36)(37) “Personal watercraft” means a vessel less than 16
165 feet in length which uses an inboard motor powering a water jet
166 pump as its primary source of motive power and which is designed
167 to be operated by a person sitting, standing, or kneeling on the
168 vessel, rather than in the conventional manner of sitting or
169 standing inside the vessel.
170 (37)(38) “Portable toilet” means a device consisting of a
171 lid, seat, containment vessel, and support structure which is
172 specifically designed to receive, retain, and discharge human
173 waste and which is capable of being removed from a vessel by
174 hand.
175 (38)(39) “Prohibited activity” means activity that will
176 impede or disturb navigation or creates a safety hazard on
177 waterways of this state.
178 (39)(40) “Racing shell,” “rowing scull,” or “racing kayak”
179 means a manually propelled vessel that is recognized by national
180 or international racing associations for use in competitive
181 racing and in which all occupants, with the exception of a
182 coxswain, if one is provided, row, scull, or paddle and that is
183 not designed to carry and does not carry any equipment not
184 solely for competitive racing.
185 (40)(41) “Recreational vessel” means a vessel:
186 (a) Manufactured and used primarily for noncommercial
187 purposes; or
188 (b) Leased, rented, or chartered to a person for his or her
189 noncommercial use.
190 (41)(42) “Registration” means a state operating license on
191 a vessel which is issued with an identifying number, an annual
192 certificate of registration, and a decal designating the year
193 for which a registration fee is paid.
194 (42)(43) “Resident” means a citizen of the United States
195 who has established residence in this state and has continuously
196 resided in this state for 1 year and in one county for the 6
197 months immediately preceding the initiation of a vessel titling
198 or registration action.
199 (43)(44) “Sailboat” means a vessel whose sole source of
200 propulsion is the wind.
201 (44)(45) “Sustained wind speed” means a wind speed
202 determined by averaging the observed wind speed rounded up to
203 the nearest mile per hour over a 2-minute period.
204 (45)(46) “Unclaimed vessel” means an undocumented vessel,
205 including its machinery, rigging, and accessories, which is in
206 the physical possession of a marina, garage, or repair shop for
207 repairs, improvements, or other work with the knowledge of the
208 vessel owner and for which the costs of such services have been
209 unpaid for more than 90 days after the date written notice of
210 the completed work is given by the marina, garage, or repair
211 shop to the vessel owner.
212 (46)(47) “Vessel” is synonymous with boat as referenced in
213 s. 1(b), Art. VII of the State Constitution and includes every
214 description of watercraft, barge, and airboat, other than a
215 seaplane on the water, used or capable of being used as a means
216 of transportation on water.
217 (47) “Vessel owner” means a person, other than a lienholder
218 or lessee under a lease that is not intended as security, having
219 the property in or title to a vessel. The term includes all of
220 the following:
221 (a) A person entitled to the use or possession of a vessel
222 subject to an interest in another person which is reserved or
223 created by agreement and securing payment of performance of an
224 obligation. The term does not include a lessee under a lease not
225 intended as security.
226 (b) A person identified in the records of the Department of
227 Highway Safety and Motor Vehicles or other state equivalent, as
228 the title certificate holder of the vessel.
229 (c) A person identified as the buyer, transferee, or new
230 owner in a notice filed pursuant to s. 328.64(1).
231 (d) A person who has signed a written agreement for the
232 purchase and sale of the vessel and paid the consideration, if
233 any, required under the agreement.
234 (e) A person who has provided a written, signed receipt to
235 the seller or transferor of the vessel acknowledging actual
236 receipt and possession of the vessel.
237 Section 2. Subsection (5) of section 327.30, Florida
238 Statutes, is amended to read:
239 327.30 Collisions, accidents, and casualties.—
240 (5) It is unlawful for a person operating a vessel involved
241 in an accident or injury to leave the scene of the accident or
242 injury without giving all possible aid to all persons involved
243 and making a reasonable effort to locate the owner or persons
244 affected and subsequently complying with and notifying the
245 appropriate law enforcement official as required under this
246 section.
247 (a) If a Any person who violates this subsection and the
248 with respect to an accident results resulting in:
249 1. Property damage only, the person commits a misdemeanor
250 of the first degree, punishable as provided in s. 775.082 or s.
251 775.083.
252 2. Injury to a person other than serious bodily injury, the
253 person commits a felony of the third degree, punishable as
254 provided in s. 775.082, s. 775.083, or s. 775.084.
255 3. Serious bodily injury, the person commits a felony of
256 the second degree, punishable as provided in s. 775.082, s.
257 775.083, or s. 775.084.
258 4. The death of another person or an unborn child, the
259 person commits a felony of the first degree, punishable as
260 provided in s. 775.082, s. 775.083, or s. 775.084.
261 (b) If a person operating a vessel involved in an accident
262 that results in the death of another person or an unborn child
263 provides a false statement to an investigating law enforcement
264 officer, the person personal injury commits a felony of the
265 third degree, punishable as provided in s. 775.082, s. 775.083,
266 or s. 775.084. Any person who violates this subsection with
267 respect to an accident resulting in property damage only commits
268 a misdemeanor of the second degree, punishable as provided in s.
269 775.082 or s. 775.083.
270 Section 3. Subsection (1) of section 327.33, Florida
271 Statutes, is amended to read:
272 327.33 Reckless or careless operation of vessel.—
273 (1) It is unlawful to operate a vessel in a reckless
274 manner. A person who operates any vessel, or manipulates any
275 water skis, aquaplane, or similar device, in willful or wanton
276 disregard for the safety of persons or property at a speed or in
277 a manner as to endanger, or likely to endanger, life or limb, or
278 damage the property of, or injure a person is guilty of reckless
279 operation of a vessel. Reckless operation of a vessel includes,
280 but is not limited to, a violation of s. 327.331(6). If a person
281 who violates this subsection and the violation:
282 (a) Does not result in an accident, the person commits a
283 misdemeanor of the second degree, punishable as provided in s.
284 775.082 or s. 775.083.
285 (b) Results in an accident that causes damage to the
286 property or person of another, the person commits a misdemeanor
287 of the first degree, punishable as provided in s. 775.082 or s.
288 775.083.
289 (c) Results in an accident that causes serious bodily
290 injury as defined in s. 316.192, the person commits a felony of
291 the third degree, punishable as provided in s. 775.082, s.
292 775.083, or s. 775.084.
293 Section 4. Section 327.35105, Florida Statutes, is created
294 to read:
295 327.35105 Additional penalty for boating under the
296 influence or reckless operation of vessel.—The driver license of
297 a person convicted of a violation of s. 327.33(1)(b), (c), or
298 (d) or s. 327.35 must be suspended until all orders of the court
299 have been satisfied.
300 Section 5. Subsections (2) and (3) of section 327.4107,
301 Florida Statutes, are amended, and paragraph (a) of subsection
302 (7) of that section is reenacted and amended, to read:
303 327.4107 Vessels at risk of becoming derelict on waters of
304 this state.—
305 (2) It is a noncriminal infraction punishable as provided
306 in s. 327.73 for a person to anchor or moor an officer of the
307 commission or of a law enforcement agency specified in s. 327.70
308 may determine that a vessel is at risk of becoming derelict on
309 the waters of this state or to allow such vessel to occupy such
310 waters. A vessel is at risk of becoming derelict if, as
311 determined by an officer of the commission or a law enforcement
312 agency, if any of the following conditions exist:
313 (a) The vessel is taking on or has taken on water without
314 an effective means to dewater.
315 (b) Spaces on the vessel which that are designed to be
316 enclosed are incapable of being sealed off or remain open to the
317 elements for extended periods of time.
318 (c) The vessel has broken loose or is in danger of breaking
319 loose from its anchor.
320 (d) The vessel is listing due to water intrusion.
321 (e) The vessel does not have an effective means of
322 propulsion, and the vessel owner or operator is unable to
323 provide a receipt, proof of purchase, or other documentation of
324 having ordered necessary parts for repair. If the owner or
325 operator is present on the vessel, a law enforcement officer may
326 require a test of the vessel’s effective means of propulsion for
327 safe navigation, to be conducted immediately. If the owner or
328 operator is not present on the vessel, the owner or operator
329 must, in the presence of law enforcement, conduct the test for
330 effective means of propulsion for safe navigation within 48 72
331 hours after the vessel owner or operator receives telephonic
332 notice from a law enforcement officer, in-person notice recorded
333 on an agency-approved body camera, or written notice, which may
334 be provided by facsimile, electronic mail, or other electronic
335 means, stating such from an officer, and the vessel owner or
336 operator is unable to provide a receipt, proof of purchase, or
337 other documentation of having ordered necessary parts for vessel
338 repair. The commission may adopt rules to implement this
339 paragraph.
340 (f) The vessel is tied to an unlawful or unpermitted
341 structure or mooring.
342 (3) A person who anchors or moors a vessel at risk of
343 becoming derelict on the waters of this state or allows such a
344 vessel to occupy such waters commits a noncriminal infraction,
345 punishable as provided in s. 327.73.
346 (6)(7) The commission may establish a derelict vessel
347 prevention program to address vessels at risk of becoming
348 derelict. Such program may, but is not required to, include:
349 (a) Removal, relocation, and destruction of vessels
350 declared a public nuisance, derelict or at risk of becoming
351 derelict, or lost or abandoned in accordance with s. 327.53(7),
352 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
353
354 The commission may adopt rules to implement this subsection.
355 Implementation of the derelict vessel prevention program shall
356 be subject to appropriation by the Legislature and shall be
357 funded by the Marine Resources Conservation Trust Fund or the
358 Florida Coastal Protection Trust Fund.
359 Section 6. Effective January 1, 2026, section 327.4111,
360 Florida Statutes, is created to read:
361 327.4111 Long-term anchoring.—
362 (1) As used in this section, the term “long-term anchoring”
363 means anchoring a vessel within 1 linear nautical mile of a
364 documented anchorage point for 14 days or more within a 30-day
365 period.
366 (2) The commission shall, at no cost to the applicant,
367 issue a permit for the long-term anchoring of a vessel within
368 the waters of this state upon receiving an application that
369 includes, but is not limited to, all of the following
370 information:
371 (a) For the vessel owner or operator:
372 1. Name.
373 2. Mailing address.
374 3. Telephone number.
375 4. E-mail address.
376 5. Birthdate.
377 6. Driver license number, if applicable.
378 (b) For the vessel:
379 1. Make.
380 2. Model.
381 3. Year.
382 4. Style.
383 5. Hull identification number.
384 6. Registration number or United States Coast Guard
385 documentation, if applicable.
386 7. Vessel name, if applicable.
387 (c) Location where the vessel will be anchored.
388 (d) Notice that the long-term anchoring permit may be
389 revoked if the vessel is a derelict vessel as defined in s.
390 823.11, or is at risk of becoming derelict as provided in s.
391 327.4107, or is in violation of marine sanitation provisions in
392 s. 327.53.
393 (3) The long-term anchoring permit established under this
394 section is specific to one vessel only. However, a person may
395 obtain more than one permit. A permit must be renewed or updated
396 for each long-term anchoring location. Long-term anchoring
397 permits expire 1 year from the date of issuance and may be
398 revoked if the permitted vessel is a derelict vessel as defined
399 in s. 823.11, is at risk of becoming derelict, or is operated or
400 occupied on waters of this state in violation of s. 327.53.
401 (4) A person who engages in long-term anchoring of a vessel
402 within the waters of this state without a valid long-term
403 anchoring permit commits a noncriminal infraction, punishable as
404 provided in s. 327.73.
405 (5) This section does not apply to any of the following:
406 (a) Vessels owned or operated by a governmental entity for
407 law enforcement, firefighting, military, or rescue purposes.
408 (b) Construction or dredging vessels on an active job site.
409 (c) Vessels actively engaged in commercial fishing.
410 (d) Vessels engaged in recreational fishing if the persons
411 onboard are actively tending hook and line fishing gear or nets.
412 (6) A permit under this section is not required if a vessel
413 is docked at a public or private dock or moored to a mooring
414 buoy permitted as provided in s. 327.40.
415 (7) In implementing this section, the commission must use
416 an electronic application and permitting system.
417 (8) The provisions of this section do not supersede any
418 other anchoring limitations established pursuant to law.
419 (9) The commission may adopt rules to implement this
420 section.
421 Section 7. Subsection (2) of section 327.45, Florida
422 Statutes, is amended to read:
423 327.45 Protection zones for springs.—
424 (2) The commission may establish by rule protection zones
425 that restrict the speed and operation of vessels, or that
426 prohibit or modify the allowable means of anchoring, mooring,
427 beaching, or grounding of vessels, to protect and prevent
428 significant harm to first, second, and third magnitude springs
429 and springs groups, including their associated spring runs, as
430 determined by the commission using the most recent Florida
431 Geological Survey springs bulletin. Significant This harm
432 includes negative impacts to water quality, water quantity,
433 hydrology, wetlands, and aquatic and wetland-dependent species
434 where the operation, anchoring, mooring, beaching, or grounding
435 of vessels is determined to be the predominant cause of negative
436 impacts.
437 Section 8. Paragraph (c) of subsection (1) of section
438 327.54, Florida Statutes, is amended, and paragraph (d) of
439 subsection (3) is reenacted to read:
440 327.54 Liveries; safety regulations; penalty.—
441 (1) As used in this section, the term:
442 (c) “Livery” means a person who advertises and offers a
443 livery vessel for use by another in exchange for any type of
444 consideration when such person does not also provide or does not
445 require the lessee or renter to provide as a condition of the
446 rental or lease agreement a person licensed by the United States
447 Coast Guard to serve as master of the vessel or to with a
448 captain, a crew, or any type of staff or personnel to operate,
449 oversee, maintain, or manage the vessel. The owner of a vessel
450 who does not advertise his or her vessel for use by another for
451 consideration and who loans or offers his or her vessel for use
452 to another known to him or her either for consideration or
453 without consideration is not a livery. A public or private
454 school or postsecondary institution located within this state is
455 not a livery. A vessel rented or leased by a livery is a livery
456 vessel as defined in s. 327.02.
457 (3) A livery may not knowingly lease or rent a vessel to
458 any person:
459 (d) When the vessel is not seaworthy, is a derelict vessel
460 as defined in s. 823.11, or is at risk of becoming derelict as
461 provided in s. 327.4107.
462 Section 9. Section 327.56, Florida Statutes, is amended to
463 read:
464 327.56 Safety and marine sanitation equipment inspections;
465 probable cause; qualified.—
466 (1) An No officer may not shall board any vessel or perform
467 a vessel stop in this state unless to make a safety or marine
468 sanitation equipment inspection if the owner or operator is not
469 aboard. When the owner or operator is aboard, an officer may
470 board a vessel with consent or when the officer has probable
471 cause or knowledge to believe that a violation of a provision of
472 this chapter has occurred or is occurring.
473 (2) An officer may not perform a vessel stop or board a
474 vessel for the sole purpose of performing a safety or marine
475 sanitation equipment inspection. A violation of safety or marine
476 sanitation equipment requirements is a secondary offense, rather
477 than a primary offense An officer may board a vessel when the
478 operator refuses or is unable to display the safety or marine
479 sanitation equipment required by law, if requested to do so by a
480 law enforcement officer, or when the safety or marine sanitation
481 equipment to be inspected is permanently installed and is not
482 visible for inspection unless the officer boards the vessel.
483 (2) Inspection of floating structures for compliance with
484 this section shall be as provided in s. 403.091.
485 Section 10. Subsection (2) and paragraph (a) of subsection
486 (3) of section 327.70, Florida Statutes, are amended, and
487 paragraph (e) is added to subsection (3) of that section, to
488 read:
489 327.70 Enforcement of this chapter and chapter 328.—
490 (2)(a)1. The commission, in coordination with the
491 Department of Highway Safety and Motor Vehicles, shall create a
492 “Florida Freedom Boater” safety inspection decal for issue at
493 the time of registration or renewal, signifying that the vessel
494 is deemed to have met the safety equipment carriage and use
495 requirements of this chapter. Upon demonstrated compliance with
496 the safety equipment carriage and use requirements of this
497 chapter at the time of registration or renewal during a safety
498 inspection initiated by a law enforcement officer, the operator
499 of a vessel shall be issued a “Florida Freedom Boater” safety
500 inspection decal signifying that the vessel is deemed to have
501 met the safety equipment carriage and use requirements of this
502 chapter at the time and location of such inspection. The
503 commission may designate by rule the timeframe for expiration
504 of, and the specific design for, the Florida Freedom Boater
505 safety inspection decal. However, a decal may not be valid for
506 less than 1 calendar year or more than 5 years at the time of
507 issue and, at a minimum, must meet the standards specified in
508 this paragraph. All decals issued by the commission on or before
509 December 31, 2018, are no longer valid after that date.
510 2. The Florida Freedom Boater safety inspection decal, if
511 displayed, must be located within 6 inches of the inspected
512 vessel’s properly displayed vessel registration decal. For
513 nonmotorized vessels that are not required to be registered, the
514 Florida Freedom Boater safety inspection decal, if displayed,
515 must be located above the waterline on the forward half of the
516 port side of the vessel.
517 (b) If a vessel properly displays a valid safety inspection
518 decal created or approved by the division, a law enforcement
519 officer may not stop the vessel for the sole purpose of
520 inspecting the vessel for compliance with the safety equipment
521 carriage and use requirements of this chapter unless there is
522 reasonable suspicion that a violation of a safety equipment
523 carriage or use requirement has occurred or is occurring. This
524 subsection does not restrict a law enforcement officer from
525 stopping a vessel for any other lawful purpose when the officer
526 has probable cause to believe that a violation of this chapter
527 has occurred or is occurring.
528 (3)(a) Noncriminal violations of the following statutes may
529 be enforced by a uniform boating citation mailed to the
530 registered owner of an unattended vessel anchored, aground, or
531 moored on the waters of this state:
532 1. Section 327.33(3)(b), relating to navigation rules.
533 2. Section 327.44, relating to interference with
534 navigation.
535 3. Section 327.50(2), relating to required lights and
536 shapes.
537 4. Section 327.53, relating to marine sanitation.
538 5. Section 328.48(5), relating to display of decal.
539 6. Section 328.52(2), relating to display of number.
540 7. Section 327.4107, relating to vessels at risk of
541 becoming derelict.
542 8. Section 327.4109, relating to prohibited anchoring or
543 mooring.
544 9. Section 328.72(13), relating to expired registration.
545 10. Section 327.4111, relating to long-term anchoring.
546 (e) A noncriminal violation of s. 327.4111 may be enforced
547 by a uniform boating citation issued to the owner or operator of
548 a vessel engaged in unlawful long-term anchoring.
549 Section 11. Subsection (1) of section 327.73, Florida
550 Statutes, is amended to read:
551 327.73 Noncriminal infractions.—
552 (1) Violations of the following provisions of the vessel
553 laws of this state are noncriminal infractions:
554 (a) Section 328.46, relating to operation of unregistered
555 and unnumbered vessels.
556 (b) Section 328.48(4), relating to display of number and
557 possession of registration certificate.
558 (c) Section 328.48(5), relating to display of decal.
559 (d) Section 328.52(2), relating to display of number.
560 (e) Section 328.54, relating to spacing of digits and
561 letters of identification number.
562 (f) Section 328.60, relating to military personnel and
563 registration of vessels.
564 (g) Section 328.72(13), relating to operation with an
565 expired registration, for which the penalty is:
566 1. For a first or subsequent offense of s. 328.72(13)(a),
567 up to a maximum of $100.
568 2. For a first offense of s. 328.72(13)(b), up to a maximum
569 of $250.
570 3. For a second or subsequent offense of s. 328.72(13)(b),
571 up to a maximum of $500. A Any person cited for a noncriminal
572 infraction under this subparagraph may not have the provisions
573 of paragraph (4)(a) available to him or her but must appear
574 before the designated official at the time and location of the
575 scheduled hearing.
576 (h) Section 327.33(2), relating to careless operation.
577 (i) Section 327.37, relating to water skiing, aquaplaning,
578 parasailing, and similar activities.
579 (j) Section 327.44, relating to interference with
580 navigation.
581 (k) Violations relating to boating-restricted areas and
582 speed limits:
583 1. Established by the commission or by local governmental
584 authorities pursuant to s. 327.46.
585 2. Speed limits established pursuant to s. 379.2431(2).
586 (l) Section 327.48, relating to regattas and races.
587 (m) Section 327.50(1) and (2), relating to required safety
588 equipment, lights, and shapes.
589 (n) Section 327.65, relating to muffling devices.
590 (o) Section 327.33(3)(b), relating to a violation of
591 navigation rules:
592 1. That does not result in an accident; or
593 2. That results in an accident not causing serious bodily
594 injury or death, for which the penalty is:
595 a. For a first offense, up to a maximum of $500.
596 b. For a second offense, up to a maximum of $1,000.
597 c. For a third or subsequent offense, up to a maximum of
598 $1,500.
599 (p) Section 327.39(1), (2), (3), and (5), relating to
600 personal watercraft.
601 (q) Section 327.53(1), (2), (3), and (8), relating to
602 marine sanitation.
603 (r) Section 327.53(4), (5), and (7), relating to marine
604 sanitation, and s. 327.60, relating to no-discharge zones, for
605 which the civil penalty is $250.
606 (s) Section 327.395, relating to boater safety education.
607 However, a person cited for violating the requirements of s.
608 327.395 relating to failure to have required proof of boating
609 safety education in his or her possession may not be convicted
610 if, before or at the time of a county court hearing, the person
611 produces proof of the boating safety education identification
612 card or temporary certificate for verification by the hearing
613 officer or the court clerk and the identification card or
614 temporary certificate was valid at the time the person was
615 cited.
616 (t) Section 327.52(3), relating to operation of overloaded
617 or overpowered vessels.
618 (u) Section 327.331, relating to divers-down warning
619 devices, except for violations meeting the requirements of s.
620 327.33.
621 (v) Section 327.391(1), relating to the requirement for an
622 adequate muffler on an airboat.
623 (w) Section 327.391(3), relating to the display of a flag
624 on an airboat.
625 (x) Section 253.04(3)(a), relating to carelessly causing
626 seagrass scarring, for which the civil penalty upon conviction
627 is:
628 1. For a first offense, $100.
629 2. For a second offense occurring within 12 months after a
630 prior conviction, $250.
631 3. For a third offense occurring within 36 months after a
632 prior conviction, $500.
633 4. For a fourth or subsequent offense occurring within 72
634 months after a prior conviction, $1,000.
635 (y) Section 327.45, relating to protection zones for
636 springs, for which the penalty is:
637 1. For a first offense, $100.
638 2. For a second offense occurring within 12 months after a
639 prior conviction, $250.
640 3. For a third offense occurring within 36 months after a
641 prior conviction, $500.
642 4. For a fourth or subsequent offense occurring within 72
643 months after a prior conviction, $1,000.
644 (z) Section 327.4108, relating to the anchoring of vessels
645 in anchoring limitation areas, for which the penalty is:
646 1. For a first offense, up to a maximum of $100.
647 2. For a second offense, up to a maximum of $250.
648 3. For a third or subsequent offense, up to a maximum of
649 $500.
650 (aa) Section 327.4107, relating to vessels at risk of
651 becoming derelict on waters of this state, for which the civil
652 penalty is:
653 1. For a first offense, $100.
654 2. For a second offense occurring 30 days or more after a
655 first offense, $250.
656 3. For a third or subsequent offense occurring 30 days or
657 more after a previous offense, $500.
658
659 A vessel that is the subject of three or more violations issued
660 pursuant to the same paragraph of s. 327.4107(2) which occur
661 within a 24-month an 18-month period and which result in
662 dispositions other than acquittal or dismissal must shall be
663 declared to be a public nuisance and subject to ss. 705.103(2)
664 and (4) and 823.11(3). For purposes of this paragraph, failure
665 to appear at a hearing or failure to pay the civil penalty
666 constitutes a disposition other than acquittal or dismissal
667 unless such failure to appear or such nonpayment is excused or
668 set aside by the court for good cause shown. The commission, an
669 officer of the commission, or a law enforcement agency or
670 officer specified in s. 327.70 may relocate, remove, or cause to
671 be relocated or removed such public nuisance vessels from waters
672 of this state. The commission, an officer of the commission, or
673 a law enforcement agency or officer acting pursuant to this
674 paragraph upon waters of this state shall be held harmless for
675 all damages to the vessel resulting from such relocation or
676 removal unless the damage results from gross negligence or
677 willful misconduct as these terms are defined in s. 823.11.
678 (bb) Section 327.4109, relating to anchoring or mooring in
679 a prohibited area, for which the penalty is:
680 1. For a first offense, up to a maximum of $100.
681 2. For a second offense, up to a maximum of $250.
682 3. For a third or subsequent offense, up to a maximum of
683 $500.
684 (cc) Section 327.463(4)(a) and (b), relating to vessels
685 creating special hazards, for which the penalty is:
686 1. For a first offense, $100.
687 2. For a second offense occurring within 12 months after a
688 prior offense, $250.
689 3. For a third offense occurring within 36 months after a
690 prior offense, $500.
691 (dd) Section 327.371, relating to the regulation of human
692 powered vessels.
693 (ee) Section 328.03, relating to an improper transfer of
694 title, for which the penalty is up to a maximum of $500.
695 (ff) Section 328.48(9), relating to the failure to update
696 vessel registration information, for which the penalty is up to
697 a maximum of $500.
698 (gg) Section 327.4111, relating to long-term anchoring, for
699 which the penalty is:
700 1. For a first offense, up to a maximum of $100.
701 2. For a second offense, up to a maximum of $250.
702 3. For a third or subsequent offense, up to a maximum of
703 $500.
704
705 A vessel that is the subject of three or more violations of s.
706 327.4111 that occur within a 24-month period and that result in
707 dispositions other than acquittal or dismissal must be declared
708 a public nuisance and subject to ss. 705.103(2) and (4) and
709 823.11(3). For purposes of this paragraph, failure to appear at
710 a hearing or failure to pay the civil penalty required by s.
711 327.72 constitutes a disposition other than acquittal or
712 dismissal, unless such failure to appear or such nonpayment is
713 excused or set aside by the court for good cause shown. The
714 commission, an officer of the commission, or a law enforcement
715 agency or officer specified in s. 327.70 may relocate, remove,
716 or cause to be relocated or removed such public nuisance vessels
717 from waters of this state. The commission, an officer of the
718 commission, or a law enforcement agency or officer acting
719 pursuant to this paragraph shall be held harmless for all
720 damages to the vessel resulting from such relocation or removal
721 unless the damage results from gross negligence or willful
722 misconduct as those terms are defined in s. 823.11.
723
724 A Any person cited for a violation of this subsection is shall
725 be deemed to be charged with a noncriminal infraction, must
726 shall be cited for such an infraction, and must shall be cited
727 to appear before the county court. The civil penalty for any
728 such infraction is $100, except as otherwise provided in this
729 section. A Any person who fails to appear or otherwise properly
730 respond to a uniform boating citation, in addition to the charge
731 relating to the violation of the boating laws of this state,
732 must be charged with the offense of failing to respond to such
733 citation and, upon conviction, be guilty of a misdemeanor of the
734 second degree, punishable as provided in s. 775.082 or s.
735 775.083. A written warning to this effect must shall be provided
736 at the time such uniform boating citation is issued.
737 Section 12. Present subsections (2), (3), and (4) of
738 section 327.731, Florida Statutes, are redesignated as
739 subsections (3), (4), and (5), respectively, a new subsection
740 (2) is added to that section, and subsection (1) and present
741 subsection (3) of that section are amended, to read:
742 327.731 Mandatory education for violators.—
743 (1) A person convicted of a criminal violation under this
744 chapter, convicted of a noncriminal infraction under this
745 chapter if the infraction resulted in a reportable boating
746 accident, or convicted of a two noncriminal infraction
747 infractions as specified in s. 327.73(1)(h)-(k), (m), (o), (p),
748 (t), (u), (w), (x), and (y) and (s)-(y), the infractions
749 occurring within a 12-month period, must:
750 (a) Enroll in, attend, and successfully complete, at his or
751 her own expense, a classroom or online boating safety course
752 that is approved by and meets the minimum standards established
753 by commission rule;
754 (b) File with the commission within 90 days proof of
755 successful completion of the course; and
756 (c) Refrain from operating a vessel until he or she has
757 filed proof of successful completion of the course with the
758 commission; and
759 (d) Pay a fine of $500. The clerk of the court shall remit
760 all fines assessed and collected under this paragraph to the
761 Department of Revenue to be deposited into the Marine Resources
762 Conservation Trust Fund to support law enforcement activities.
763 (2) A person convicted of a criminal violation under this
764 chapter, convicted of a noncriminal infraction under this
765 chapter if the infraction resulted in a reportable boating
766 accident, or convicted of two noncriminal infractions as
767 specified in s. 327.73(1)(h)-(k), (o), (p), (t), (u), (w), (x),
768 and (y), occurring within a 12-month period, must pay a fine of
769 $500 and complete a boater safety education course that meets
770 the requirements of s. 327.395. The clerk of the court shall
771 remit all fines assessed and collected under this subsection to
772 the Department of Revenue to be deposited into the Marine
773 Resources Conservation Trust Fund to support law enforcement
774 activities.
775 (4)(3) The commission shall print on the reverse side of
776 the defendant’s copy of the boating citation a notice of the
777 provisions of this section. Upon conviction, the clerk of the
778 court shall notify the defendant that it is unlawful for him or
779 her to operate any vessel until he or she has complied with this
780 section, but failure of the clerk of the court to provide such a
781 notice shall not be a defense to a charge of unlawful operation
782 of a vessel under subsection (3) (2).
783 Section 13. Section 327.75, Florida Statutes, is created to
784 read:
785 327.75 Watercraft Energy Source Freedom Act.—
786 (1) SHORT TITLE.—This section may be cited as the
787 “Watercraft Energy Source Freedom Act.”
788 (2) DEFINITIONS.—For the purposes of this section, the
789 term:
790 (a) “Energy source” means any source of energy used to
791 power a watercraft, including, but not limited to, gasoline,
792 diesel fuel, electricity, hydrogen, and solar power.
793 (b) “Watercraft” means any vessel or craft designed for
794 navigation on water, including boats and personal watercraft.
795 (3) PROHIBITION ON RESTRICTIONS BASED ON ENERGY SOURCE.
796 Notwithstanding any other law to the contrary, a state agency,
797 municipality, governmental entity, or county may not restrict
798 the use or sale of a watercraft based on the energy source used
799 to power the watercraft, including an energy source used for
800 propulsion or used for powering other functions of the
801 watercraft.
802 Section 14. Subsection (3) of section 379.226, Florida
803 Statutes, is amended to read:
804 379.226 Florida Territorial Waters Act; alien-owned
805 commercial fishing vessels; prohibited acts; enforcement.—
806 (3) No license shall be issued by the Fish and Wildlife
807 Conservation Commission under s. 379.361, to any vessel owned in
808 whole or in part by any alien power, which subscribes to the
809 doctrine of international communism, or any subject or national
810 thereof, who subscribes to the doctrine of international
811 communism, or any individual who subscribes to the doctrine of
812 international communism, or who shall have signed a treaty of
813 trade, friendship and alliance or a nonaggression pact with any
814 communist power. The commission shall grant or withhold said
815 licenses where other alien vessels are involved on the basis of
816 reciprocity and retorsion, unless the nation concerned shall be
817 designated as a friendly ally or neutral by a formal suggestion
818 transmitted to the Governor of Florida by the Secretary of State
819 of the United States. Upon the receipt of such suggestion
820 licenses shall be granted under s. 379.361, without regard to
821 reciprocity and retorsion, to vessels of such nations.
822 Section 15. Subsection (1), paragraph (a) of subsection
823 (2), and subsection (4) of section 705.103, Florida Statutes,
824 are amended to read:
825 705.103 Procedure for abandoned or lost property.—
826 (1) Whenever a law enforcement officer ascertains that an
827 article of lost or abandoned property is present on public
828 property and is of such nature that it can be easily removed,
829 the officer shall take such article into custody and shall make
830 a reasonable attempt to ascertain the rightful owner or
831 lienholder pursuant to the provisions of this section. For the
832 purposes of this section, the term “owner” includes a vessel
833 owner as defined in s. 327.02.
834 (2)(a)1. Whenever a law enforcement officer ascertains
835 that:
836 a. An article of lost or abandoned property other than a
837 derelict vessel or a vessel declared a public nuisance pursuant
838 to s. 327.73(1)(aa) is present on public property and is of such
839 nature that it cannot be easily removed, the officer shall cause
840 a notice to be placed upon such article in substantially the
841 following form:
842
843 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
844 PROPERTY. This property, to wit: ...(setting forth brief
845 description)... is unlawfully upon public property known as
846 ...(setting forth brief description of location)... and must be
847 removed within 5 days; otherwise, it will be removed and
848 disposed of pursuant to chapter 705, Florida Statutes. The owner
849 will be liable for the costs of removal, storage, and
850 publication of notice. Dated this: ...(setting forth the date of
851 posting of notice)..., signed: ...(setting forth name, title,
852 address, and telephone number of law enforcement officer)....
853
854 b. A derelict vessel or a vessel declared a public nuisance
855 pursuant to s. 327.73(1)(aa) is present on the waters of this
856 state, the officer shall cause a notice to be placed upon such
857 vessel in substantially the following form:
858
859 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
860 VESSEL. This vessel, to wit: ...(setting forth brief description
861 of location)... has been determined to be ...(derelict or a
862 public nuisance)... and is unlawfully upon the waters of this
863 state ...(setting forth brief description of location)... and
864 must be removed within 21 days; otherwise, it will be removed
865 and disposed of pursuant to chapter 705, Florida Statutes. The
866 owner and other interested parties have the right to a hearing
867 to challenge the determination that this vessel is derelict or
868 otherwise in violation of the law. Please contact ...(contact
869 information for person who can arrange for a hearing in
870 accordance with this section).... The owner of or the party
871 determined to be legally responsible for the vessel on being
872 upon the waters of this state in a derelict condition or as a
873 public nuisance will be liable for the costs of removal,
874 destruction, and disposal if this vessel is not removed by the
875 owner. Dated this: ...(setting forth the date of posting of
876 notice)..., signed: ...(setting forth name, title, address, and
877 telephone number of law enforcement officer)....
878
879 2. The notices required under subparagraph 1. may not be
880 less than 8 inches by 10 inches and must be sufficiently
881 weatherproof to withstand normal exposure to the elements. In
882 addition to posting, the law enforcement officer shall make a
883 reasonable effort to ascertain the name and address of the
884 owner. If such is reasonably available to the officer, he or she
885 must or he shall mail a copy of such notice to the owner on the
886 date of posting or as soon thereafter as is practical. If the
887 property is a motor vehicle as defined in s. 320.01(1) or a
888 vessel as defined in s. 327.02, the law enforcement agency must
889 shall contact the Department of Highway Safety and Motor
890 Vehicles in order to determine the name and address of the owner
891 and any person who has filed a lien on the vehicle or vessel as
892 provided in s. 319.27(2) or (3) or s. 328.15. On receipt of this
893 information, the law enforcement agency shall mail a copy of the
894 notice by certified mail, return receipt requested, to the owner
895 and to the lienholder, if any, except that a law enforcement
896 officer who has issued a citation for a violation of s. 823.11
897 to the owner of a derelict vessel is not required to mail a copy
898 of the notice by certified mail, return receipt requested, to
899 the owner. For a derelict vessel or a vessel declared a public
900 nuisance pursuant to s. 327.73(1)(aa), the mailed notice must
901 inform the owner or responsible party that he or she has a right
902 to a hearing to dispute the determination that the vessel is
903 derelict or otherwise in violation of the law. If a request for
904 a hearing is made, a state agency must shall follow the
905 processes as set forth in s. 120.569. Local governmental
906 entities shall follow the processes set forth in s. 120.569,
907 except that a local judge, magistrate, or code enforcement
908 officer may be designated to conduct such a hearing. If, at the
909 end of 5 days after posting the notice in sub-subparagraph 1.a.,
910 or at the end of 21 days after posting the notice in sub
911 subparagraph 1.b., and mailing such notice, if required, the
912 owner or any person interested in the lost or abandoned article
913 or articles described has not removed the article or articles
914 from public property or shown reasonable cause for failure to do
915 so, and, in the case of a derelict vessel or a vessel declared a
916 public nuisance pursuant to s. 327.73(1)(aa), has not requested
917 a hearing in accordance with this section, the following applies
918 shall apply:
919 a. For abandoned property other than a derelict vessel or a
920 vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
921 the law enforcement agency may retain any or all of the property
922 for its own use or for use by the state or unit of local
923 government, trade such property to another unit of local
924 government or state agency, donate the property to a charitable
925 organization, sell the property, or notify the appropriate
926 refuse removal service.
927 b. For a derelict vessel or a vessel declared a public
928 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
929 agency or its designee may:
930 (I) Remove the vessel from the waters of this state and
931 destroy and dispose of the vessel or authorize another
932 governmental entity or its designee to do so; or
933 (II) Authorize the vessel’s use as an artificial reef in
934 accordance with s. 379.249 if all necessary federal, state, and
935 local authorizations are received.
936
937 A law enforcement agency or its designee may also take action as
938 described in this sub-subparagraph if, following a hearing
939 pursuant to this section, the judge, magistrate, administrative
940 law judge, or hearing officer has determined the vessel to be
941 derelict as provided in s. 823.11 or otherwise in violation of
942 the law in accordance with s. 327.73(1)(aa) and a final order
943 has been entered or the case is otherwise closed.
944 (4) The owner of any abandoned or lost property, or in the
945 case of a derelict vessel or a vessel declared a public nuisance
946 pursuant to s. 327.73(1)(aa), the owner of or other party
947 determined to be legally responsible for the vessel on being
948 upon the waters of this state in a derelict condition or as a
949 public nuisance, who, after notice as provided in this section,
950 does not remove such property within the specified period is
951 liable to the law enforcement agency, other governmental entity,
952 or the agency’s or entity’s designee for all costs of removal,
953 storage, destruction, and disposal of such property, less any
954 salvage value obtained by disposal of the property. Upon final
955 disposition of the property, the law enforcement officer or
956 representative of the law enforcement agency or other
957 governmental entity shall notify the owner, or in the case of a
958 derelict vessel or vessel declared a public nuisance pursuant to
959 s. 327.73(1)(aa), the owner or other party determined to be
960 legally responsible, if known, of the amount owed. In the case
961 of an abandoned vessel or motor vehicle, a any person who
962 neglects or refuses to pay such amount is not entitled to be
963 issued a certificate of registration for such vessel or motor
964 vehicle, or any other vessel or motor vehicle, until such costs
965 have been paid. A person who has neglected or refused to pay all
966 costs of removal, storage, disposal, and destruction of a vessel
967 or motor vehicle as provided in this section, after having been
968 provided written notice via certified mail that such costs are
969 owed, and who applies for and is issued a registration for a
970 vessel or motor vehicle before such costs have been paid in full
971 commits a misdemeanor of the first degree, punishable as
972 provided in s. 775.082 or s. 775.083. The law enforcement
973 officer or representative of the law enforcement agency or other
974 governmental entity shall supply the Department of Highway
975 Safety and Motor Vehicles with a list of persons whose vessel
976 registration privileges and motor vehicle privileges have been
977 revoked under this subsection. The department or a person acting
978 as an agent of the department may not issue a certificate of
979 registration to a person whose vessel and motor vehicle
980 registration privileges have been revoked, as provided by this
981 subsection, until such costs have been paid.
982 Section 16. Section 782.072, Florida Statutes, is amended
983 to read:
984 782.072 Vessel homicide.—“Vessel homicide” means is the
985 killing of a human being, including the death of an unborn child
986 as defined in s. 775.021(5)(e) caused by injury to the mother,
987 by the operation of a vessel as defined in s. 327.02 by another
988 in a reckless manner likely to cause the death of, or great
989 bodily harm to, another. Vessel homicide is:
990 (1) A felony of the second degree, punishable as provided
991 in s. 775.082, s. 775.083, or s. 775.084.
992 (2) A felony of the first degree, punishable as provided in
993 s. 775.082, s. 775.083, or s. 775.084, if:
994 (a) At the time of the accident, the person knew, or should
995 have known, that the accident occurred; and
996 (b) The person failed to give information and render aid as
997 required by s. 327.30(1).
998
999 This subsection does not require that the person knew that the
1000 accident resulted in injury or death.
1001 Section 17. Paragraphs (a), (c), and (d) of subsection (2),
1002 paragraph (a) of subsection (3), paragraph (c) of subsection
1003 (4), and subsections (6) and (7) of section 823.11, Florida
1004 Statutes, are amended, paragraph (e) is added to subsection (2)
1005 of that section, and paragraph (b) of subsection (1) of that
1006 section is reenacted, to read:
1007 823.11 Derelict vessels; relocation or removal; penalty.—
1008 (1) As used in this section, the term:
1009 (b) “Derelict vessel” means a vessel, as defined in s.
1010 327.02, that is:
1011 1. In a wrecked, junked, or substantially dismantled
1012 condition upon any waters of this state.
1013 a. A vessel is wrecked if it is sunken or sinking; aground
1014 without the ability to extricate itself absent mechanical
1015 assistance; or remaining after a marine casualty, including, but
1016 not limited to, a boating accident, extreme weather, or a fire.
1017 b. A vessel is junked if it has been substantially stripped
1018 of vessel components, if vessel components have substantially
1019 degraded or been destroyed, or if the vessel has been discarded
1020 by the owner or operator. Attaching an outboard motor to a
1021 vessel that is otherwise junked will not cause the vessel to no
1022 longer be junked if such motor is not an effective means of
1023 propulsion as required by s. 327.4107(2)(e) and associated
1024 rules.
1025 c. A vessel is substantially dismantled if at least two of
1026 the three following vessel systems or components are missing,
1027 compromised, incomplete, inoperable, or broken:
1028 (I) The steering system;
1029 (II) The propulsion system; or
1030 (III) The exterior hull integrity.
1031
1032 Attaching an outboard motor to a vessel that is otherwise
1033 substantially dismantled will not cause the vessel to no longer
1034 be substantially dismantled if such motor is not an effective
1035 means of propulsion as required by s. 327.4107(2)(e) and
1036 associated rules.
1037 2. At a port in this state without the consent of the
1038 agency having jurisdiction thereof.
1039 3. Docked, grounded, or beached upon the property of
1040 another without the consent of the owner of the property.
1041 (2)(a) A vessel owner as defined in s. 327.02 person, firm,
1042 or corporation may not leave any derelict vessel upon waters of
1043 this state. For purposes of this paragraph, the term “leave”
1044 means to allow a vessel to remain occupied or unoccupied on the
1045 waters of this state for more than 24 hours.
1046 (c) The additional time provided in subparagraph (b)2. for
1047 an owner or responsible party to remove a derelict vessel from
1048 the waters of this state or to repair and remedy the vessel’s
1049 derelict condition does not apply to a vessel that was derelict
1050 upon the waters of this state before the stated accident or
1051 event.
1052 (d) Notwithstanding the additional 45 days provided in sub
1053 subparagraph (b)2.b. during which an owner or a responsible
1054 party may not be charged for a violation of this section, the
1055 commission, an officer of the commission, a law enforcement
1056 agency or officer specified in s. 327.70, or, during a state of
1057 emergency declared by the Governor, the Division of Emergency
1058 Management or its designee, may immediately begin the process
1059 set forth in s. 705.103(2)(a) and, once that process has been
1060 completed and the 45 days provided herein have passed, any
1061 vessel that has not been removed or repaired such that it is no
1062 longer derelict upon the waters of this state may be removed and
1063 destroyed as provided therein.
1064 (e) The title of a derelict vessel is prima facie evidence
1065 of ownership for any derelict vessel left upon the waters of
1066 this state. An owner who attempts to transfer ownership of a
1067 vessel or derelict vessel through means other than the process
1068 outlined in s. 328.22 or s. 328.64 will not be exonerated from
1069 the responsibility of having a derelict vessel upon the waters
1070 of this state without a written agreement of ownership by the
1071 transferee or evidence of agreement to transfer ownership to the
1072 transferee and the exchange of consideration between the
1073 parties.
1074 (3) The commission, an officer of the commission, or a law
1075 enforcement agency or officer specified in s. 327.70 may
1076 relocate, remove, and store or cause to be relocated, removed,
1077 and stored a derelict vessel from waters of this state as
1078 defined in s. 327.02 if the derelict vessel obstructs or
1079 threatens to obstruct navigation or in any way constitutes a
1080 danger to the environment, property, or persons. The commission,
1081 an officer of the commission, or any other law enforcement
1082 agency or officer acting pursuant to this subsection to
1083 relocate, remove, and store or cause to be relocated, removed,
1084 and stored a derelict vessel from waters of this state shall be
1085 held harmless for all damages to the derelict vessel resulting
1086 from such action unless the damage results from gross negligence
1087 or willful misconduct.
1088 (a) All costs, including costs owed to a third party,
1089 incurred by the commission, another law enforcement agency, or a
1090 governmental subdivision, when the governmental subdivision has
1091 received authorization from a law enforcement officer or agency,
1092 in the relocation, removal, storage, destruction, or disposal of
1093 a derelict vessel are recoverable against the vessel owner of or
1094 the party determined to be legally responsible for the vessel on
1095 being upon the waters of this state in a derelict condition. The
1096 Department of Legal Affairs shall represent the commission in
1097 actions to recover such costs. As provided in s. 705.103(4), a
1098 person who neglects or refuses to pay such costs may not be
1099 issued a certificate of registration for such vessel or for any
1100 other vessel or motor vehicle until such costs have been paid. A
1101 person who has neglected or refused to pay all costs of removal,
1102 storage, destruction, or disposal of a derelict vessel as
1103 provided in this section, after having been provided written
1104 notice via certified mail that such costs are owed, and who
1105 applies for and is issued a registration for a vessel or motor
1106 vehicle before such costs have been paid in full commits a
1107 misdemeanor of the first degree, punishable as provided in s.
1108 775.082 or s. 775.083.
1109 (4)
1110 (c) The commission may establish a program to provide
1111 grants to local governments for the removal, storage,
1112 destruction, and disposal of derelict vessels from the waters of
1113 this state. This grant funding may also be used for the removal,
1114 storage, destruction, and disposal of vessels declared a public
1115 nuisance pursuant to s. 327.73(1)(aa) or the derelict vessel
1116 prevention program established pursuant to s. 327.4107(7). The
1117 program must be funded from the Marine Resources Conservation
1118 Trust Fund or the Florida Coastal Protection Trust Fund.
1119 Notwithstanding s. 216.181(11), funds available for these grants
1120 may only be authorized by appropriations acts of the
1121 Legislature. In a given fiscal year, if all funds appropriated
1122 pursuant to this paragraph are not requested by and granted to
1123 local governments for the removal, storage, destruction, and
1124 disposal of derelict vessels or vessels declared a public
1125 nuisance pursuant to s. 327.73(1)(aa) by the end of the third
1126 quarter, the Fish and Wildlife Conservation Commission may use
1127 the remainder of the funds to remove, store, destroy, and
1128 dispose of, or to pay private contractors to remove, store,
1129 destroy, and dispose of, derelict vessels or vessels declared a
1130 public nuisance pursuant to s. 327.73(1)(aa). The commission
1131 shall adopt by rule procedures for local governments to submit a
1132 grant application and criteria for allocating available funds.
1133 Such criteria must include, at a minimum, all of the following:
1134 1. The number of derelict vessels within the jurisdiction
1135 of the applicant.
1136 2. The threat posed by such vessels to public health or
1137 safety, the environment, navigation, or the aesthetic condition
1138 of the general vicinity.
1139 3. The degree of commitment of the local government to
1140 maintain waters free of abandoned and derelict vessels and to
1141 seek legal action against those who abandon vessels in the
1142 waters of this state as defined in s. 327.02.
1143 (6) A person, firm, or corporation violating this section
1144 commits a misdemeanor of the first degree and shall be punished
1145 as provided by law. A conviction under this section does not bar
1146 the assessment and collection of a civil penalty. The court
1147 having jurisdiction over the criminal offense, notwithstanding
1148 any jurisdictional limitations on the amount in controversy, may
1149 order the imposition of such civil penalty in addition to any
1150 sentence imposed for the first criminal offense.
1151 (a) For a first offense, a vessel owner who violates this
1152 section commits a misdemeanor of the first degree, punishable as
1153 provided in s. 775.082 or s. 775.083.
1154 (b) For a second offense, a vessel owner who violates this
1155 section commits a felony of the third degree, punishable as
1156 provided in s. 775.082, s. 775.083, or s. 775.084.
1157 (c) For a third or subsequent offense, a vessel owner who
1158 violates this section commits a felony of the second degree,
1159 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
1160 (7) A person may not reside or dwell on a vessel determined
1161 to be derelict by disposition of a court or administrative
1162 order, or where the vessel owner does not challenge the derelict
1163 determination pursuant to chapter 120. A person who violates
1164 this subsection commits a misdemeanor of the first degree,
1165 punishable as provided in s. 775.082 or s. 775.083. Law
1166 enforcement has the power and duty to issue orders, perform
1167 investigations, complete reports, and perform arrests in
1168 connection with such violations to enforce this provision. If a
1169 vessel is returned to the waters of this state in a condition
1170 that is no longer derelict, a person may reside or dwell on such
1171 vessel. The commission may adopt rules to implement this section
1172 If an owner or a responsible party of a vessel determined to be
1173 derelict through an administrative or criminal proceeding has
1174 been charged by an officer of the commission or any law
1175 enforcement agency or officer as specified in s. 327.70 under
1176 subsection (6) for a violation of subsection (2), a person may
1177 not reside or dwell on such vessel until the vessel is removed
1178 from the waters of the state permanently or returned to the
1179 waters of the state in a condition that is no longer derelict.
1180 Section 18. For the purpose of incorporating the amendment
1181 made by this act to section 823.11, Florida Statutes, in a
1182 reference thereto, section 327.04, Florida Statutes, is
1183 reenacted to read:
1184 327.04 Rules.—The commission may adopt rules pursuant to
1185 ss. 120.536(1) and 120.54 to implement this chapter, the
1186 provisions of chapter 705 relating to vessels, and s. 823.11
1187 conferring powers or duties upon it.
1188 Section 19. For the purpose of incorporating the amendment
1189 made by this act to section 823.11, Florida Statutes, in a
1190 reference thereto, paragraph (d) of subsection (6) of section
1191 327.4108, Florida Statutes, is reenacted to read:
1192 327.4108 Anchoring of vessels in anchoring limitation
1193 areas.—
1194 (6)
1195 (d) A vessel that is the subject of more than three
1196 violations within 12 months which result in dispositions other
1197 than acquittal or dismissal shall be declared to be a public
1198 nuisance and subject to s. 705.103 or, for a derelict vessel,
1199 subject to s. 823.11.
1200 Section 20. For the purpose of incorporating the amendment
1201 made by this act to section 327.73, Florida Statutes, in a
1202 reference thereto, subsection (1) of section 705.101, Florida
1203 Statutes, is reenacted to read:
1204 705.101 Definitions.—As used in this chapter:
1205 (1) “Abandoned property” means all tangible personal
1206 property that does not have an identifiable owner and that has
1207 been disposed on public property in a wrecked, inoperative, or
1208 partially dismantled condition or has no apparent intrinsic
1209 value to the rightful owner. The term includes derelict vessels
1210 as defined in s. 823.11 and vessels declared a public nuisance
1211 pursuant to s. 327.73(1)(aa).
1212 Section 21. For the purpose of incorporating the amendment
1213 made by this act to section 705.103, Florida Statutes, in a
1214 reference thereto, subsection (1) of section 705.104, Florida
1215 Statutes, is reenacted to read:
1216 705.104 Title to lost or abandoned property.—
1217 (1) Title to lost or abandoned property is hereby vested in
1218 the finder upon the expiration of the 90-day custodial time
1219 period specified in s. 705.103(2)(b), provided the notice
1220 requirements of s. 705.103 have been met, unless the rightful
1221 owner or a lienholder claims the property within that time.
1222 Section 22. For the purpose of incorporating the amendment
1223 made by this act to section 705.103, Florida Statutes, in a
1224 reference thereto, subsection (8) of section 713.585, Florida
1225 Statutes, is reenacted to read:
1226 713.585 Enforcement of lien by sale of motor vehicle.—A
1227 person claiming a lien under s. 713.58 for performing labor or
1228 services on a motor vehicle may enforce such lien by sale of the
1229 vehicle in accordance with the following procedures:
1230 (8) A vehicle subject to lien enforcement pursuant to this
1231 section must be sold by the lienor at public sale. Immediately
1232 upon the sale of the vehicle and payment in cash of the purchase
1233 price, the lienor shall deposit with the clerk of the circuit
1234 court the proceeds of the sale less the amount claimed by the
1235 lienor for work done and storage, if any, and all reasonable
1236 costs and expenses incurred in conducting the sale, including
1237 any attorney’s fees and costs ordered by the court.
1238 Simultaneously with depositing the proceeds of sale remaining
1239 after payment to the lienor, the lienor shall file with the
1240 clerk a verified report of the sale stating a description of the
1241 vehicle sold, including the vehicle identification number; the
1242 name and address of the purchaser; the date of the sale; and the
1243 selling price. The report shall also itemize the amount retained
1244 by the lienor pursuant to this section and shall indicate
1245 whether a hearing was demanded and held. All proceeds held by
1246 the court shall be held for the benefit of the owner of the
1247 vehicle or any lienholder whose lien is discharged by the sale
1248 and shall be disbursed only upon order of the court. Unless a
1249 proceeding is initiated to validate a claim to such proceeds
1250 within 1 year and a day from the date of the sale, the proceeds
1251 shall be deemed abandoned property and disposition thereof shall
1252 be governed by s. 705.103. The clerk shall receive 5 percent of
1253 the proceeds deposited with her or him, not to exceed $25, for
1254 her or his services under this section.
1255 Section 23. Except as otherwise expressly provided in this
1256 act, this act shall take effect July 1, 2025.