Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for SB 164
Ì849776cÎ849776
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/03/2025 09:55 AM .
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Senator Rodriguez moved the following:
1 Senate Amendment
2
3 Delete lines 537 - 851
4 and insert:
5 purposes of this section, the term “owner” includes a vessel
6 owner as defined in s. 327.02.
7 (2)(a)1. Whenever a law enforcement officer ascertains
8 that:
9 a. An article of lost or abandoned property other than a
10 derelict vessel or a vessel declared a public nuisance pursuant
11 to s. 327.73(1)(aa) is present on public property and is of such
12 nature that it cannot be easily removed, the officer shall cause
13 a notice to be placed upon such article in substantially the
14 following form:
15
16 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
17 PROPERTY. This property, to wit: ...(setting forth brief
18 description)... is unlawfully upon public property known as
19 ...(setting forth brief description of location)... and must be
20 removed within 5 days; otherwise, it will be removed and
21 disposed of pursuant to chapter 705, Florida Statutes. The owner
22 will be liable for the costs of removal, storage, and
23 publication of notice. Dated this: ...(setting forth the date of
24 posting of notice)..., signed: ...(setting forth name, title,
25 address, and telephone number of law enforcement officer)....
26
27 b. A derelict vessel or a vessel declared a public nuisance
28 pursuant to s. 327.73(1)(aa) is present on the waters of this
29 state, the officer shall cause a notice to be placed upon such
30 vessel in substantially the following form:
31
32 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
33 VESSEL. This vessel, to wit: ...(setting forth brief description
34 of location)... has been determined to be ...(derelict or a
35 public nuisance)... and is unlawfully upon the waters of this
36 state ...(setting forth brief description of location)... and
37 must be removed within 21 days; otherwise, it will be removed
38 and disposed of pursuant to chapter 705, Florida Statutes. The
39 owner and other interested parties have the right to a hearing
40 to challenge the determination that this vessel is derelict or
41 otherwise in violation of the law. Please contact ...(contact
42 information for person who can arrange for a hearing in
43 accordance with this section).... The owner of or the party
44 determined to be legally responsible for the vessel on being
45 upon the waters of this state in a derelict condition or as a
46 public nuisance will be liable for the costs of removal,
47 destruction, and disposal if this vessel is not removed by the
48 owner. Dated this: ...(setting forth the date of posting of
49 notice)..., signed: ...(setting forth name, title, address, and
50 telephone number of law enforcement officer)....
51
52 2. The notices required under subparagraph 1. may not be
53 less than 8 inches by 10 inches and must be sufficiently
54 weatherproof to withstand normal exposure to the elements. In
55 addition to posting, the law enforcement officer shall make a
56 reasonable effort to ascertain the name and address of the
57 owner. If such is reasonably available to the officer, he or she
58 must or he shall mail a copy of such notice to the owner on the
59 date of posting or as soon thereafter as is practical. If the
60 property is a motor vehicle as defined in s. 320.01(1) or a
61 vessel as defined in s. 327.02, the law enforcement agency must
62 shall contact the Department of Highway Safety and Motor
63 Vehicles in order to determine the name and address of the owner
64 and any person who has filed a lien on the vehicle or vessel as
65 provided in s. 319.27(2) or (3) or s. 328.15. On receipt of this
66 information, the law enforcement agency shall mail a copy of the
67 notice by certified mail, return receipt requested, to the owner
68 and to the lienholder, if any, except that a law enforcement
69 officer who has issued a citation for a violation of s. 823.11
70 to the owner of a derelict vessel is not required to mail a copy
71 of the notice by certified mail, return receipt requested, to
72 the owner. For a derelict vessel or a vessel declared a public
73 nuisance pursuant to s. 327.73(1)(aa), the mailed notice must
74 inform the owner or responsible party that he or she has a right
75 to a hearing to dispute the determination that the vessel is
76 derelict or otherwise in violation of the law. If a request for
77 a hearing is made, a state agency must shall follow the
78 processes as set forth in s. 120.569. Local governmental
79 entities shall follow the processes set forth in s. 120.569,
80 except that a local judge, magistrate, or code enforcement
81 officer may be designated to conduct such a hearing. If, at the
82 end of 5 days after posting the notice in sub-subparagraph 1.a.,
83 or at the end of 21 days after posting the notice in sub
84 subparagraph 1.b., and mailing such notice, if required, the
85 owner or any person interested in the lost or abandoned article
86 or articles described has not removed the article or articles
87 from public property or shown reasonable cause for failure to do
88 so, and, in the case of a derelict vessel or a vessel declared a
89 public nuisance pursuant to s. 327.73(1)(aa), has not requested
90 a hearing in accordance with this section, the following applies
91 shall apply:
92 a. For abandoned property other than a derelict vessel or a
93 vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
94 the law enforcement agency may retain any or all of the property
95 for its own use or for use by the state or unit of local
96 government, trade such property to another unit of local
97 government or state agency, donate the property to a charitable
98 organization, sell the property, or notify the appropriate
99 refuse removal service.
100 b. For a derelict vessel or a vessel declared a public
101 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
102 agency or its designee may:
103 (I) Remove the vessel from the waters of this state and
104 destroy and dispose of the vessel or authorize another
105 governmental entity or its designee to do so; or
106 (II) Authorize the vessel’s use as an artificial reef in
107 accordance with s. 379.249 if all necessary federal, state, and
108 local authorizations are received.
109
110 A law enforcement agency or its designee may also take action as
111 described in this sub-subparagraph if, following a hearing
112 pursuant to this section, the judge, magistrate, administrative
113 law judge, or hearing officer has determined the vessel to be
114 derelict as provided in s. 823.11 or otherwise in violation of
115 the law in accordance with s. 327.73(1)(aa) and a final order
116 has been entered or the case is otherwise closed.
117 (4) The owner of any abandoned or lost property, or in the
118 case of a derelict vessel or a vessel declared a public nuisance
119 pursuant to s. 327.73(1)(aa), the owner of or other party
120 determined to be legally responsible for the vessel on being
121 upon the waters of this state in a derelict condition or as a
122 public nuisance, who, after notice as provided in this section,
123 does not remove such property within the specified period is
124 liable to the law enforcement agency, other governmental entity,
125 or the agency’s or entity’s designee for all costs of removal,
126 storage, destruction, and disposal of such property, less any
127 salvage value obtained by disposal of the property. Upon final
128 disposition of the property, the law enforcement officer or
129 representative of the law enforcement agency or other
130 governmental entity shall notify the owner, or in the case of a
131 derelict vessel or vessel declared a public nuisance pursuant to
132 s. 327.73(1)(aa), the owner or other party determined to be
133 legally responsible, if known, of the amount owed. In the case
134 of an abandoned vessel or motor vehicle, a any person who
135 neglects or refuses to pay such amount is not entitled to be
136 issued a certificate of registration for such vessel or motor
137 vehicle, or any other vessel or motor vehicle, until such costs
138 have been paid. A person who has neglected or refused to pay all
139 costs of removal, storage, disposal, and destruction of a vessel
140 or motor vehicle as provided in this section, after having been
141 provided written notice via certified mail that such costs are
142 owed, and who applies for and is issued a registration for a
143 vessel or motor vehicle before such costs have been paid in full
144 commits a misdemeanor of the first degree, punishable as
145 provided in s. 775.082 or s. 775.083. The law enforcement
146 officer or representative of the law enforcement agency or other
147 governmental entity shall supply the Department of Highway
148 Safety and Motor Vehicles with a list of persons whose vessel
149 registration privileges and motor vehicle privileges have been
150 revoked under this subsection. The department or a person acting
151 as an agent of the department may not issue a certificate of
152 registration to a person whose vessel and motor vehicle
153 registration privileges have been revoked, as provided by this
154 subsection, until such costs have been paid.
155 Section 7. Paragraphs (a), (c), and (d) of subsection (2),
156 paragraph (a) of subsection (3), paragraph (c) of subsection
157 (4), and subsections (6) and (7) of section 823.11, Florida
158 Statutes, are amended, paragraph (e) is added to subsection (2)
159 of that section, and paragraph (b) of subsection (1) of that
160 section is reenacted, to read:
161 823.11 Derelict vessels; relocation or removal; penalty.—
162 (1) As used in this section, the term:
163 (b) “Derelict vessel” means a vessel, as defined in s.
164 327.02, that is:
165 1. In a wrecked, junked, or substantially dismantled
166 condition upon any waters of this state.
167 a. A vessel is wrecked if it is sunken or sinking; aground
168 without the ability to extricate itself absent mechanical
169 assistance; or remaining after a marine casualty, including, but
170 not limited to, a boating accident, extreme weather, or a fire.
171 b. A vessel is junked if it has been substantially stripped
172 of vessel components, if vessel components have substantially
173 degraded or been destroyed, or if the vessel has been discarded
174 by the owner or operator. Attaching an outboard motor to a
175 vessel that is otherwise junked will not cause the vessel to no
176 longer be junked if such motor is not an effective means of
177 propulsion as required by s. 327.4107(2)(e) and associated
178 rules.
179 c. A vessel is substantially dismantled if at least two of
180 the three following vessel systems or components are missing,
181 compromised, incomplete, inoperable, or broken:
182 (I) The steering system;
183 (II) The propulsion system; or
184 (III) The exterior hull integrity.
185
186 Attaching an outboard motor to a vessel that is otherwise
187 substantially dismantled will not cause the vessel to no longer
188 be substantially dismantled if such motor is not an effective
189 means of propulsion as required by s. 327.4107(2)(e) and
190 associated rules.
191 2. At a port in this state without the consent of the
192 agency having jurisdiction thereof.
193 3. Docked, grounded, or beached upon the property of
194 another without the consent of the owner of the property.
195 (2)(a) A vessel owner as defined in s. 327.02 person, firm,
196 or corporation may not leave any derelict vessel upon waters of
197 this state. For purposes of this paragraph, the term “leave”
198 means to allow a vessel to remain occupied or unoccupied on the
199 waters of this state for more than 24 hours.
200 (c) The additional time provided in subparagraph (b)2. for
201 an owner or responsible party to remove a derelict vessel from
202 the waters of this state or to repair and remedy the vessel’s
203 derelict condition does not apply to a vessel that was derelict
204 upon the waters of this state before the stated accident or
205 event.
206 (d) Notwithstanding the additional 45 days provided in sub
207 subparagraph (b)2.b. during which an owner or a responsible
208 party may not be charged for a violation of this section, the
209 commission, an officer of the commission, a law enforcement
210 agency or officer specified in s. 327.70, or, during a state of
211 emergency declared by the Governor, the Division of Emergency
212 Management or its designee, may immediately begin the process
213 set forth in s. 705.103(2)(a) and, once that process has been
214 completed and the 45 days provided herein have passed, any
215 vessel that has not been removed or repaired such that it is no
216 longer derelict upon the waters of this state may be removed and
217 destroyed as provided therein.
218 (e) The title of a derelict vessel is prima facie evidence
219 of ownership for any derelict vessel left upon the waters of
220 this state. An owner who attempts to transfer ownership of a
221 vessel or derelict vessel through means other than the process
222 outlined in s. 328.22 or s. 328.64 will not be exonerated from
223 the responsibility of having a derelict vessel upon the waters
224 of this state without a written agreement of ownership by the
225 transferee or evidence of agreement to transfer ownership to the
226 transferee and the exchange of consideration between the
227 parties.
228 (3) The commission, an officer of the commission, or a law
229 enforcement agency or officer specified in s. 327.70 may
230 relocate, remove, and store or cause to be relocated, removed,
231 and stored a derelict vessel from waters of this state as
232 defined in s. 327.02 if the derelict vessel obstructs or
233 threatens to obstruct navigation or in any way constitutes a
234 danger to the environment, property, or persons. The commission,
235 an officer of the commission, or any other law enforcement
236 agency or officer acting pursuant to this subsection to
237 relocate, remove, and store or cause to be relocated, removed,
238 and stored a derelict vessel from waters of this state shall be
239 held harmless for all damages to the derelict vessel resulting
240 from such action unless the damage results from gross negligence
241 or willful misconduct.
242 (a) All costs, including costs owed to a third party,
243 incurred by the commission, another law enforcement agency, or a
244 governmental subdivision, when the governmental subdivision has
245 received authorization from a law enforcement officer or agency,
246 in the relocation, removal, storage, destruction, or disposal of
247 a derelict vessel are recoverable against the vessel owner of or
248 the party determined to be legally responsible for the vessel on
249 being upon the waters of this state in a derelict condition. The
250 Department of Legal Affairs shall represent the commission in
251 actions to recover such costs. As provided in s. 705.103(4), a
252 person who neglects or refuses to pay such costs may not be
253 issued a certificate of registration for such vessel or for any
254 other vessel or motor vehicle until such costs have been paid. A
255 person who has neglected or refused to pay all costs of removal,
256 storage, destruction, or disposal of a derelict vessel as
257 provided in this section, after having been provided written
258 notice via certified mail that such costs are owed, and who
259 applies for and is issued a registration for a vessel or motor
260 vehicle before such costs have been paid in full commits a
261 misdemeanor of the first degree, punishable as provided in s.
262 775.082 or s. 775.083.
263 (4)
264 (c) The commission may establish a program to provide
265 grants to local governments for the removal, storage,
266 destruction, and disposal of derelict vessels from the waters of
267 this state. This grant funding may also be used for the removal,
268 storage, destruction, and disposal of vessels declared a public
269 nuisance pursuant to s. 327.73(1)(aa) or the derelict vessel
270 prevention program established pursuant to s. 327.4107(7). The
271 program must be funded from the Marine Resources Conservation
272 Trust Fund or the Florida Coastal Protection Trust Fund.
273 Notwithstanding s. 216.181(11), funds available for these grants
274 may only be authorized by appropriations acts of the
275 Legislature. In a given fiscal year, if all funds appropriated
276 pursuant to this paragraph are not requested by and granted to
277 local governments for the removal, storage, destruction, and
278 disposal of derelict vessels or vessels declared a public
279 nuisance pursuant to s. 327.73(1)(aa) by the end of the third
280 quarter, the Fish and Wildlife Conservation Commission may use
281 the remainder of the funds to remove, store, destroy, and
282 dispose of, or to pay private contractors to remove, store,
283 destroy, and dispose of, derelict vessels or vessels declared a
284 public nuisance pursuant to s. 327.73(1)(aa). The commission
285 shall adopt by rule procedures for local governments to submit a
286 grant application and criteria for allocating available funds.
287 Such criteria must include, at a minimum, all of the following:
288 1. The number of derelict vessels within the jurisdiction
289 of the applicant.
290 2. The threat posed by such vessels to public health or
291 safety, the environment, navigation, or the aesthetic condition
292 of the general vicinity.
293 3. The degree of commitment of the local government to
294 maintain waters free of abandoned and derelict vessels and to
295 seek legal action against those who abandon vessels in the
296 waters of this state as defined in s. 327.02.
297 (6) A person, firm, or corporation violating this section
298 commits a misdemeanor of the first degree and shall be punished
299 as provided by law. A conviction under this section does not bar
300 the assessment and collection of a civil penalty. The court
301 having jurisdiction over the criminal offense, notwithstanding
302 any jurisdictional limitations on the amount in controversy, may
303 order the imposition of such civil penalty in addition to any
304 sentence imposed for the first criminal offense.
305 (a) For a first offense, a vessel owner who violates this
306 section commits a misdemeanor of the first degree, punishable as
307 provided in s. 775.082 or s. 775.083.
308 (b) For a second offense, a vessel owner who violates this
309 section commits a felony of the third degree, punishable as
310 provided in s. 775.082, s. 775.083, or s. 775.084.
311 (c) For a third or subsequent offense, a vessel owner who
312 violates this section commits a felony of the second degree,
313 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
314 (7) A person may not reside or dwell on a vessel determined
315 to be derelict by disposition of a court or administrative
316 order, or where the vessel owner does not challenge the derelict
317 determination pursuant to chapter 120. A person who violates
318 this subsection commits a misdemeanor of the first degree,
319 punishable as provided in s. 775.082 or s. 775.083. Law
320 enforcement has the