Florida Senate - 2025                              CS for SB 164
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Rodriguez
       
       
       
       
       592-02105-25                                           2025164c1
    1                        A bill to be entitled                      
    2         An act relating to vessel accountability; amending s.
    3         327.02, F.S.; deleting the term “owner”; defining the
    4         term “vessel owner”; reenacting and amending s.
    5         327.4107, F.S.; providing a penalty for a person
    6         anchoring, mooring, or allowing certain vessels to
    7         occupy the waters of this state if an officer of the
    8         Fish and Wildlife Conservation Commission or a law
    9         enforcement agency finds that specified conditions
   10         exist; revising the manner and timeframe for vessel
   11         owners or operators to demonstrate a vessel’s
   12         effective means of propulsion for safe navigation;
   13         deleting provisions providing a penalty for a person
   14         who anchors or moors certain vessels on the waters of
   15         this state; creating s. 327.4111, F.S.; defining the
   16         term “long-term anchoring”; requiring the commission
   17         to issue, at no cost, a permit for the long-term
   18         anchoring of a vessel which includes specified
   19         information; providing construction; providing a
   20         penalty for long-term anchoring without a permit;
   21         providing applicability; providing that a permit is
   22         not required under certain circumstances; requiring
   23         the commission to use an electronic application and
   24         permitting system; clarifying that certain provisions
   25         do not supersede any other anchoring limitations
   26         established pursuant to law; authorizing the
   27         commission to adopt rules; amending s. 327.70, F.S.;
   28         authorizing the enforcement of certain noncriminal
   29         violations by citation mailed or issued to the owner
   30         of certain vessels; amending s. 327.73, F.S.;
   31         requiring that a vessel subject to a specified number
   32         of violations within a 24-month period which result in
   33         certain dispositions be declared a public nuisance;
   34         providing that failure to appear at a hearing or
   35         failure to pay civil penalties constitutes a certain
   36         disposition; providing penalties related to long-term
   37         anchoring; requiring that a vessel subject to a
   38         specified number of violations relating to long-term
   39         anchoring within a 24-month period which result in
   40         certain dispositions be declared a public nuisance;
   41         providing that failure to appear at a hearing or
   42         failure to pay a certain civil penalty constitutes a
   43         disposition other than acquittal or dismissal;
   44         providing an exception; authorizing certain persons to
   45         relocate, remove, or cause to be relocated or removed
   46         certain vessels; requiring that certain persons be
   47         held harmless for all damages to a vessel resulting
   48         from such relocation or removal; providing exceptions;
   49         amending s. 705.103, F.S.; revising the notice placed
   50         upon a derelict vessel declared a public nuisance
   51         which is present upon the waters of this state;
   52         deleting a provision specifying that a party
   53         responsible for a derelict vessel or a vessel declared
   54         a public nuisance has the right to a certain hearing;
   55         deleting provisions assigning liability to a party
   56         deemed legally responsible for a derelict vessel or
   57         vessel declared a public nuisance; deleting provisions
   58         allowing a law enforcement officer or a representative
   59         of a law enforcement agency or other governmental
   60         entity to notify a party deemed legally responsible
   61         for a derelict vessel or a vessel declared a public
   62         nuisance of the final disposition of the derelict
   63         vessel; reenacting and amending s. 823.11, F.S.;
   64         prohibiting a vessel owner from leaving a derelict
   65         vessel upon the waters of this state; deleting
   66         provisions related to a party responsible for a
   67         derelict vessel; providing prima facie evidence of
   68         ownership or control of a derelict vessel left upon
   69         the waters of this state; providing a means of
   70         exonerating an owner of a vessel or derelict vessel of
   71         responsibility if such owner attempts to transfer
   72         ownership or control of such vessel; providing that
   73         the owner of a derelict vessel is exclusively
   74         responsible for all costs associated with the
   75         relocation, removal, storage, destruction, or disposal
   76         of the derelict vessel; authorizing the commission to
   77         use grant funds allocated for the removal, storage,
   78         destruction, and disposal of derelict vessels from the
   79         waters of this state for the derelict vessel
   80         prevention program; providing penalties; prohibiting a
   81         person from dwelling or residing on a derelict vessel;
   82         providing penalties; authorizing law enforcement
   83         officers to enforce such provisions; authorizing a
   84         person to reside on a vessel if the vessel is in a
   85         state or condition that is no longer derelict;
   86         authorizing the commission to adopt rules; reenacting
   87         ss. 327.04 and 327.4108(6)(d), F.S., relating to rules
   88         and the anchoring of vessels in anchoring limitation
   89         areas, respectively, to incorporate the amendment made
   90         to s. 832.11, F.S., in references thereto; reenacting
   91         s. 327.54(3)(d), F.S., relating to liveries, safety
   92         regulations, and penalties, to incorporate the
   93         amendments made to ss. 327.4107 and 823.11, F.S., in
   94         references thereto; reenacting s. 705.101(1), F.S.,
   95         relating to definitions, to incorporate the amendment
   96         made to s. 327.73, F.S., in a reference thereto;
   97         reenacting ss. 705.104(1) and 713.585(8), F.S.,
   98         relating to the title to lost or abandoned property
   99         and the enforcement of a lien by sale of motor
  100         vehicle, respectively, to incorporate the amendment
  101         made to s. 705.103, F.S., in references thereto;
  102         providing effective dates.
  103          
  104  Be It Enacted by the Legislature of the State of Florida:
  105  
  106         Section 1. Subsections (35) through (47) of section 327.02,
  107  Florida Statutes, are amended to read:
  108         327.02 Definitions.—As used in this chapter and in chapter
  109  328, unless the context clearly requires a different meaning,
  110  the term:
  111         (35) “Owner” means a person, other than a lienholder,
  112  having the property in or title to a vessel. The term includes a
  113  person entitled to the use or possession of a vessel subject to
  114  an interest in another person which is reserved or created by
  115  agreement and securing payment of performance of an obligation.
  116  The term does not include a lessee under a lease not intended as
  117  security.
  118         (36) “Person” means an individual, partnership, firm,
  119  corporation, association, or other entity.
  120         (36)(37) “Personal watercraft” means a vessel less than 16
  121  feet in length which uses an inboard motor powering a water jet
  122  pump as its primary source of motive power and which is designed
  123  to be operated by a person sitting, standing, or kneeling on the
  124  vessel, rather than in the conventional manner of sitting or
  125  standing inside the vessel.
  126         (37)(38) “Portable toilet” means a device consisting of a
  127  lid, seat, containment vessel, and support structure which is
  128  specifically designed to receive, retain, and discharge human
  129  waste and which is capable of being removed from a vessel by
  130  hand.
  131         (38)(39) “Prohibited activity” means activity that will
  132  impede or disturb navigation or creates a safety hazard on
  133  waterways of this state.
  134         (39)(40) “Racing shell,” “rowing scull,” or “racing kayak”
  135  means a manually propelled vessel that is recognized by national
  136  or international racing associations for use in competitive
  137  racing and in which all occupants, with the exception of a
  138  coxswain, if one is provided, row, scull, or paddle and that is
  139  not designed to carry and does not carry any equipment not
  140  solely for competitive racing.
  141         (40)(41) “Recreational vessel” means a vessel:
  142         (a) Manufactured and used primarily for noncommercial
  143  purposes; or
  144         (b) Leased, rented, or chartered to a person for his or her
  145  noncommercial use.
  146         (41)(42) “Registration” means a state operating license on
  147  a vessel which is issued with an identifying number, an annual
  148  certificate of registration, and a decal designating the year
  149  for which a registration fee is paid.
  150         (42)(43) “Resident” means a citizen of the United States
  151  who has established residence in this state and has continuously
  152  resided in this state for 1 year and in one county for the 6
  153  months immediately preceding the initiation of a vessel titling
  154  or registration action.
  155         (43)(44) “Sailboat” means a vessel whose sole source of
  156  propulsion is the wind.
  157         (44)(45) “Sustained wind speed” means a wind speed
  158  determined by averaging the observed wind speed rounded up to
  159  the nearest mile per hour over a 2-minute period.
  160         (45)(46) “Unclaimed vessel” means an undocumented vessel,
  161  including its machinery, rigging, and accessories, which is in
  162  the physical possession of a marina, garage, or repair shop for
  163  repairs, improvements, or other work with the knowledge of the
  164  vessel owner and for which the costs of such services have been
  165  unpaid for more than 90 days after the date written notice of
  166  the completed work is given by the marina, garage, or repair
  167  shop to the vessel owner.
  168         (46)(47) “Vessel” is synonymous with boat as referenced in
  169  s. 1(b), Art. VII of the State Constitution and includes every
  170  description of watercraft, barge, and airboat, other than a
  171  seaplane on the water, used or capable of being used as a means
  172  of transportation on water.
  173         (47)“Vessel owner” means a person, other than a lienholder
  174  or lessee under a lease that is not intended as security, having
  175  the property in or title to a vessel. The term includes all of
  176  the following:
  177         (a)A person entitled to the use or possession of a vessel
  178  subject to an interest in another person which is reserved or
  179  created by agreement and securing payment of performance of an
  180  obligation. The term does not include a lessee under a lease not
  181  intended as security.
  182         (b)A person identified in the records of the Department of
  183  Highway Safety and Motor Vehicles, or other state equivalent, as
  184  the title certificate holder of the vessel.
  185         (c)A person identified as the buyer, transferee, or new
  186  owner in a notice filed pursuant to s. 328.64(1).
  187         (d)A person who has signed a written agreement for the
  188  purchase and sale of the vessel and paid the consideration, if
  189  any, required under the agreement.
  190         (e)A person who has provided a written, signed receipt to
  191  the seller or transferor of the vessel acknowledging actual
  192  receipt and possession of the vessel.
  193         Section 2. Subsections (2) and (3) of section 327.4107,
  194  Florida Statutes, are amended, and paragraph (a) of present
  195  subsection (7) of that section is reenacted, to read:
  196         327.4107 Vessels at risk of becoming derelict on waters of
  197  this state.—
  198         (2) It is a noncriminal infraction punishable as provided
  199  in s. 327.73 for a person to anchor or moor an officer of the
  200  commission or of a law enforcement agency specified in s. 327.70
  201  may determine that a vessel is at risk of becoming derelict on
  202  the waters of this state or to allow such vessel to occupy such
  203  waters. A vessel is at risk of becoming derelict if, as
  204  determined by an officer of the commission or a law enforcement
  205  agency, if any of the following conditions exist:
  206         (a) The vessel is taking on or has taken on water without
  207  an effective means to dewater.
  208         (b) Spaces on the vessel which that are designed to be
  209  enclosed are incapable of being sealed off or remain open to the
  210  elements for extended periods of time.
  211         (c) The vessel has broken loose or is in danger of breaking
  212  loose from its anchor.
  213         (d) The vessel is listing due to water intrusion.
  214         (e) The vessel does not have an effective means of
  215  propulsion, and the vessel owner or operator is unable to
  216  provide a receipt, proof of purchase, or other documentation of
  217  having ordered necessary parts for repair. If the owner or
  218  operator is present on the vessel, a law enforcement officer may
  219  require a test of the vessel’s effective means of propulsion for
  220  safe navigation, to be conducted immediately. If the owner or
  221  operator is not present on the vessel, the owner or operator
  222  must, in the presence of law enforcement, conduct the test for
  223  effective means of propulsion for safe navigation within 48 72
  224  hours after the vessel owner or operator receives telephonic
  225  notice from a law enforcement officer, in-person notice recorded
  226  on an agency-approved body camera, or written notice, which may
  227  be provided by facsimile, electronic mail, or other electronic
  228  means, stating such from an officer, and the vessel owner or
  229  operator is unable to provide a receipt, proof of purchase, or
  230  other documentation of having ordered necessary parts for vessel
  231  repair. The commission may adopt rules to implement this
  232  paragraph.
  233         (f) The vessel is tied to an unlawful or unpermitted
  234  structure or mooring.
  235         (3) A person who anchors or moors a vessel at risk of
  236  becoming derelict on the waters of this state or allows such a
  237  vessel to occupy such waters commits a noncriminal infraction,
  238  punishable as provided in s. 327.73.
  239         (6)(7) The commission may establish a derelict vessel
  240  prevention program to address vessels at risk of becoming
  241  derelict. Such program may, but is not required to, include:
  242         (a) Removal, relocation, and destruction of vessels
  243  declared a public nuisance, derelict or at risk of becoming
  244  derelict, or lost or abandoned in accordance with s. 327.53(7),
  245  s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
  246  
  247  The commission may adopt rules to implement this subsection.
  248  Implementation of the derelict vessel prevention program shall
  249  be subject to appropriation by the Legislature and shall be
  250  funded by the Marine Resources Conservation Trust Fund or the
  251  Florida Coastal Protection Trust Fund.
  252         Section 3. Effective January 1, 2026, section 327.4111,
  253  Florida Statutes, is created to read:
  254         327.4111Long-term anchoring.—
  255         (1)As used in this section, the term “long-term anchoring”
  256  means anchoring a vessel within 1 linear nautical mile of a
  257  documented anchorage point for 14 days or more within a 30-day
  258  period.
  259         (2)The commission shall, at no cost to the applicant,
  260  issue a permit for the long-term anchoring of a vessel within
  261  the waters of this state upon receiving an application that
  262  includes, but is not limited to, all of the following
  263  information:
  264         (a)For the vessel owner or operator:
  265         1.Name.
  266         2.Mailing address.
  267         3.Telephone number.
  268         4.E-mail address.
  269         5.Birthdate.
  270         6.Driver license number, if applicable.
  271         (b)For the vessel:
  272         1.Make.
  273         2.Model.
  274         3.Year.
  275         4.Style.
  276         5.Hull identification number.
  277         6.Registration number or United States Coast Guard
  278  documentation, if applicable.
  279         7.Vessel name, if applicable.
  280         (c)Location where the vessel will be anchored.
  281         (d)Notice that the long-term anchoring permit may be
  282  revoked if the vessel is a derelict vessel as defined in s.
  283  823.11, or is at risk of becoming derelict as provided in s.
  284  327.4107, or is in violation of marine sanitation provisions in
  285  s. 327.53.
  286         (3)The long-term anchoring permit established under this
  287  section is specific to one vessel only. However, a person may
  288  obtain more than one permit. A permit must be renewed or updated
  289  for each long-term anchoring location. Long-term anchoring
  290  permits expire 1 year from the date of issuance and may be
  291  revoked if the permitted vessel is a derelict vessel as defined
  292  in s. 823.11, is at risk of becoming derelict, or is operated or
  293  occupied on waters of this state in violation of s. 327.53.
  294         (4)A person who engages in long-term anchoring of a vessel
  295  within the waters of this state without a valid long-term
  296  anchoring permit commits a noncriminal infraction, punishable as
  297  provided is s. 327.73.
  298         (5)This section does not apply to any of the following:
  299         (a)Vessels owned or operated by a governmental entity for
  300  law enforcement, firefighting, military, or rescue purposes.
  301         (b)Construction or dredging vessels on an active job site.
  302         (c)Vessels actively engaged in commercial fishing.
  303         (d)Vessels engaged in recreational fishing if the persons
  304  onboard are actively tending hook and line fishing gear or nets.
  305         (6) A permit under this section is not required if a vessel
  306  is docked at a public or private dock or moored to a mooring
  307  buoy permitted as provided in s. 327.40.
  308         (7) In implementing this section, the commission must use
  309  an electronic application and permitting system.
  310         (8) The provisions of this section do not supersede any
  311  other anchoring limitations established pursuant to law.
  312         (9) The commission may adopt rules to implement this
  313  section.
  314         Section 4. Paragraph (a) of subsection (3) of section
  315  327.70, Florida Statutes, is amended, and paragraph (e) is added
  316  to that subsection, to read:
  317         327.70 Enforcement of this chapter and chapter 328.—
  318         (3)(a) Noncriminal violations of the following statutes may
  319  be enforced by a uniform boating citation mailed to the
  320  registered owner of an unattended vessel anchored, aground, or
  321  moored on the waters of this state:
  322         1. Section 327.33(3)(b), relating to navigation rules.
  323         2. Section 327.44, relating to interference with
  324  navigation.
  325         3. Section 327.50(2), relating to required lights and
  326  shapes.
  327         4. Section 327.53, relating to marine sanitation.
  328         5. Section 328.48(5), relating to display of decal.
  329         6. Section 328.52(2), relating to display of number.
  330         7. Section 327.4107, relating to vessels at risk of
  331  becoming derelict.
  332         8. Section 327.4109, relating to prohibited anchoring or
  333  mooring.
  334         9.Section 328.72(13), relating to expired registration.
  335         10.Section 327.4111, relating to long-term anchoring.
  336         (e) A noncriminal violation of s. 327.4111 may be enforced
  337  by a uniform boating citation issued to the owner or operator of
  338  a vessel engaged in unlawful long-term anchoring.
  339         Section 5. Subsection (1) of section 327.73, Florida
  340  Statutes, is amended to read:
  341         327.73 Noncriminal infractions.—
  342         (1) Violations of the following provisions of the vessel
  343  laws of this state are noncriminal infractions:
  344         (a) Section 328.46, relating to operation of unregistered
  345  and unnumbered vessels.
  346         (b) Section 328.48(4), relating to display of number and
  347  possession of registration certificate.
  348         (c) Section 328.48(5), relating to display of decal.
  349         (d) Section 328.52(2), relating to display of number.
  350         (e) Section 328.54, relating to spacing of digits and
  351  letters of identification number.
  352         (f) Section 328.60, relating to military personnel and
  353  registration of vessels.
  354         (g) Section 328.72(13), relating to operation with an
  355  expired registration, for which the penalty is:
  356         1. For a first or subsequent offense of s. 328.72(13)(a),
  357  up to a maximum of $100.
  358         2. For a first offense of s. 328.72(13)(b), up to a maximum
  359  of $250.
  360         3. For a second or subsequent offense of s. 328.72(13)(b),
  361  up to a maximum of $500. A Any person cited for a noncriminal
  362  infraction under this subparagraph may not have the provisions
  363  of paragraph (4)(a) available to him or her but must appear
  364  before the designated official at the time and location of the
  365  scheduled hearing.
  366         (h) Section 327.33(2), relating to careless operation.
  367         (i) Section 327.37, relating to water skiing, aquaplaning,
  368  parasailing, and similar activities.
  369         (j) Section 327.44, relating to interference with
  370  navigation.
  371         (k) Violations relating to boating-restricted areas and
  372  speed limits:
  373         1. Established by the commission or by local governmental
  374  authorities pursuant to s. 327.46.
  375         2. Speed limits established pursuant to s. 379.2431(2).
  376         (l) Section 327.48, relating to regattas and races.
  377         (m) Section 327.50(1) and (2), relating to required safety
  378  equipment, lights, and shapes.
  379         (n) Section 327.65, relating to muffling devices.
  380         (o) Section 327.33(3)(b), relating to a violation of
  381  navigation rules:
  382         1. That does not result in an accident; or
  383         2. That results in an accident not causing serious bodily
  384  injury or death, for which the penalty is:
  385         a. For a first offense, up to a maximum of $500.
  386         b. For a second offense, up to a maximum of $1,000.
  387         c. For a third or subsequent offense, up to a maximum of
  388  $1,500.
  389         (p) Section 327.39(1), (2), (3), and (5), relating to
  390  personal watercraft.
  391         (q) Section 327.53(1), (2), (3), and (8), relating to
  392  marine sanitation.
  393         (r) Section 327.53(4), (5), and (7), relating to marine
  394  sanitation, and s. 327.60, relating to no-discharge zones, for
  395  which the civil penalty is $250.
  396         (s) Section 327.395, relating to boater safety education.
  397  However, a person cited for violating the requirements of s.
  398  327.395 relating to failure to have required proof of boating
  399  safety education in his or her possession may not be convicted
  400  if, before or at the time of a county court hearing, the person
  401  produces proof of the boating safety education identification
  402  card or temporary certificate for verification by the hearing
  403  officer or the court clerk and the identification card or
  404  temporary certificate was valid at the time the person was
  405  cited.
  406         (t) Section 327.52(3), relating to operation of overloaded
  407  or overpowered vessels.
  408         (u) Section 327.331, relating to divers-down warning
  409  devices, except for violations meeting the requirements of s.
  410  327.33.
  411         (v) Section 327.391(1), relating to the requirement for an
  412  adequate muffler on an airboat.
  413         (w) Section 327.391(3), relating to the display of a flag
  414  on an airboat.
  415         (x) Section 253.04(3)(a), relating to carelessly causing
  416  seagrass scarring, for which the civil penalty upon conviction
  417  is:
  418         1. For a first offense, $100.
  419         2. For a second offense occurring within 12 months after a
  420  prior conviction, $250.
  421         3. For a third offense occurring within 36 months after a
  422  prior conviction, $500.
  423         4. For a fourth or subsequent offense occurring within 72
  424  months after a prior conviction, $1,000.
  425         (y) Section 327.45, relating to protection zones for
  426  springs, for which the penalty is:
  427         1. For a first offense, $100.
  428         2. For a second offense occurring within 12 months after a
  429  prior conviction, $250.
  430         3. For a third offense occurring within 36 months after a
  431  prior conviction, $500.
  432         4. For a fourth or subsequent offense occurring within 72
  433  months after a prior conviction, $1,000.
  434         (z) Section 327.4108, relating to the anchoring of vessels
  435  in anchoring limitation areas, for which the penalty is:
  436         1. For a first offense, up to a maximum of $100.
  437         2. For a second offense, up to a maximum of $250.
  438         3. For a third or subsequent offense, up to a maximum of
  439  $500.
  440         (aa) Section 327.4107, relating to vessels at risk of
  441  becoming derelict on waters of this state, for which the civil
  442  penalty is:
  443         1. For a first offense, $100.
  444         2. For a second offense occurring 30 days or more after a
  445  first offense, $250.
  446         3. For a third or subsequent offense occurring 30 days or
  447  more after a previous offense, $500.
  448  
  449  A vessel that is the subject of three or more violations issued
  450  pursuant to the same paragraph of s. 327.4107(2) which occur
  451  within a 24-month an 18-month period and which result in
  452  dispositions other than acquittal or dismissal must shall be
  453  declared to be a public nuisance and subject to ss. 705.103(2)
  454  and (4) and 823.11(3). For purposes of this paragraph, failure
  455  to appear at a hearing or failure to pay the civil penalty
  456  constitutes a disposition other than acquittal or dismissal
  457  unless such failure to appear or such nonpayment is excused or
  458  set aside by the court for good cause shown. The commission, an
  459  officer of the commission, or a law enforcement agency or
  460  officer specified in s. 327.70 may relocate, remove, or cause to
  461  be relocated or removed such public nuisance vessels from waters
  462  of this state. The commission, an officer of the commission, or
  463  a law enforcement agency or officer acting pursuant to this
  464  paragraph upon waters of this state shall be held harmless for
  465  all damages to the vessel resulting from such relocation or
  466  removal unless the damage results from gross negligence or
  467  willful misconduct as these terms are defined in s. 823.11.
  468         (bb) Section 327.4109, relating to anchoring or mooring in
  469  a prohibited area, for which the penalty is:
  470         1. For a first offense, up to a maximum of $100.
  471         2. For a second offense, up to a maximum of $250.
  472         3. For a third or subsequent offense, up to a maximum of
  473  $500.
  474         (cc) Section 327.463(4)(a) and (b), relating to vessels
  475  creating special hazards, for which the penalty is:
  476         1. For a first offense, $100.
  477         2. For a second offense occurring within 12 months after a
  478  prior offense, $250.
  479         3. For a third offense occurring within 36 months after a
  480  prior offense, $500.
  481         (dd) Section 327.371, relating to the regulation of human
  482  powered vessels.
  483         (ee) Section 328.03, relating to an improper transfer of
  484  title, for which the penalty is up to a maximum of $500.
  485         (ff) Section 328.48(9), relating to the failure to update
  486  vessel registration information, for which the penalty is up to
  487  a maximum of $500.
  488         (gg)Section 327.4111, relating to long-term anchoring, for
  489  which the penalty is:
  490         1. For a first offense, up to a maximum of $100.
  491         2. For a second offense, up to a maximum of $250.
  492         3. For a third or subsequent offense, up to a maximum of
  493  $500.
  494  
  495  A vessel that is the subject of three or more violations of s.
  496  327.4111 that occur within a 24-month period and that result in
  497  dispositions other than acquittal or dismissal must be declared
  498  a public nuisance and subject to ss. 705.103(2) and (4) and
  499  823.11(3). For purposes of this paragraph, failure to appear at
  500  a hearing or failure to pay the civil penalty required by s.
  501  327.72 constitutes a disposition other than acquittal or
  502  dismissal, unless such failure to appear or such nonpayment is
  503  excused or set aside by the court for good cause shown. The
  504  commission, an officer of the commission, or a law enforcement
  505  agency or officer specified in s. 327.70 may relocate, remove,
  506  or cause to be relocated or removed such public nuisance vessels
  507  from waters of this state. The commission, an officer of the
  508  commission, or a law enforcement agency or officer acting
  509  pursuant to this paragraph shall be held harmless for all
  510  damages to the vessel resulting from such relocation or removal
  511  unless the damage results from gross negligence or willful
  512  misconduct as those terms are defined in s. 823.11.
  513  
  514  A Any person cited for a violation of this subsection is shall
  515  be deemed to be charged with a noncriminal infraction, must
  516  shall be cited for such an infraction, and must shall be cited
  517  to appear before the county court. The civil penalty for any
  518  such infraction is $100, except as otherwise provided in this
  519  section. A Any person who fails to appear or otherwise properly
  520  respond to a uniform boating citation, in addition to the charge
  521  relating to the violation of the boating laws of this state,
  522  must be charged with the offense of failing to respond to such
  523  citation and, upon conviction, be guilty of a misdemeanor of the
  524  second degree, punishable as provided in s. 775.082 or s.
  525  775.083. A written warning to this effect must shall be provided
  526  at the time such uniform boating citation is issued.
  527         Section 6. Subsection (1), paragraph (a) of subsection (2),
  528  and subsection (4) of section 705.103, Florida Statutes, are
  529  amended to read:
  530         705.103 Procedure for abandoned or lost property.—
  531         (1) Whenever a law enforcement officer ascertains that an
  532  article of lost or abandoned property is present on public
  533  property and is of such nature that it can be easily removed,
  534  the officer shall take such article into custody and shall make
  535  a reasonable attempt to ascertain the rightful owner or
  536  lienholder pursuant to the provisions of this section. For the
  537  purposes of this section, the term “owner” has the same meaning
  538  as “vessel owner” as defined in s. 327.02.
  539         (2)(a)1. Whenever a law enforcement officer ascertains
  540  that:
  541         a. An article of lost or abandoned property other than a
  542  derelict vessel or a vessel declared a public nuisance pursuant
  543  to s. 327.73(1)(aa) is present on public property and is of such
  544  nature that it cannot be easily removed, the officer shall cause
  545  a notice to be placed upon such article in substantially the
  546  following form:
  547  
  548  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  549  PROPERTY. This property, to wit: ...(setting forth brief
  550  description)... is unlawfully upon public property known as
  551  ...(setting forth brief description of location)... and must be
  552  removed within 5 days; otherwise, it will be removed and
  553  disposed of pursuant to chapter 705, Florida Statutes. The owner
  554  will be liable for the costs of removal, storage, and
  555  publication of notice. Dated this: ...(setting forth the date of
  556  posting of notice)..., signed: ...(setting forth name, title,
  557  address, and telephone number of law enforcement officer)....
  558  
  559         b. A derelict vessel or a vessel declared a public nuisance
  560  pursuant to s. 327.73(1)(aa) is present on the waters of this
  561  state, the officer shall cause a notice to be placed upon such
  562  vessel in substantially the following form:
  563  
  564  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  565  VESSEL. This vessel, to wit: ...(setting forth brief description
  566  of location)... has been determined to be ...(derelict or a
  567  public nuisance)... and is unlawfully upon the waters of this
  568  state ...(setting forth brief description of location)... and
  569  must be removed within 21 days; otherwise, it will be removed
  570  and disposed of pursuant to chapter 705, Florida Statutes. The
  571  owner and other interested parties have the right to a hearing
  572  to challenge the determination that this vessel is derelict or
  573  otherwise in violation of the law. Please contact ...(contact
  574  information for person who can arrange for a hearing in
  575  accordance with this section).... The owner of or the party
  576  determined to be legally responsible for the vessel on being
  577  upon the waters of this state in a derelict condition or as a
  578  public nuisance will be liable for the costs of removal,
  579  destruction, and disposal if this vessel is not removed by the
  580  owner. Dated this: ...(setting forth the date of posting of
  581  notice)..., signed: ...(setting forth name, title, address, and
  582  telephone number of law enforcement officer)....
  583  
  584         2. The notices required under subparagraph 1. may not be
  585  less than 8 inches by 10 inches and must be sufficiently
  586  weatherproof to withstand normal exposure to the elements. In
  587  addition to posting, the law enforcement officer shall make a
  588  reasonable effort to ascertain the name and address of the
  589  owner. If such is reasonably available to the officer, he or she
  590  must or he shall mail a copy of such notice to the owner on the
  591  date of posting or as soon thereafter as is practical. If the
  592  property is a motor vehicle as defined in s. 320.01(1) or a
  593  vessel as defined in s. 327.02, the law enforcement agency must
  594  shall contact the Department of Highway Safety and Motor
  595  Vehicles in order to determine the name and address of the owner
  596  and any person who has filed a lien on the vehicle or vessel as
  597  provided in s. 319.27(2) or (3) or s. 328.15. On receipt of this
  598  information, the law enforcement agency shall mail a copy of the
  599  notice by certified mail, return receipt requested, to the owner
  600  and to the lienholder, if any, except that a law enforcement
  601  officer who has issued a citation for a violation of s. 823.11
  602  to the owner of a derelict vessel is not required to mail a copy
  603  of the notice by certified mail, return receipt requested, to
  604  the owner. For a derelict vessel or a vessel declared a public
  605  nuisance pursuant to s. 327.73(1)(aa), the mailed notice must
  606  inform the owner or responsible party that he or she has a right
  607  to a hearing to dispute the determination that the vessel is
  608  derelict or otherwise in violation of the law. If a request for
  609  a hearing is made, a state agency must shall follow the
  610  processes as set forth in s. 120.569. Local governmental
  611  entities shall follow the processes set forth in s. 120.569,
  612  except that a local judge, magistrate, or code enforcement
  613  officer may be designated to conduct such a hearing. If, at the
  614  end of 5 days after posting the notice in sub-subparagraph 1.a.,
  615  or at the end of 21 days after posting the notice in sub
  616  subparagraph 1.b., and mailing such notice, if required, the
  617  owner or any person interested in the lost or abandoned article
  618  or articles described has not removed the article or articles
  619  from public property or shown reasonable cause for failure to do
  620  so, and, in the case of a derelict vessel or a vessel declared a
  621  public nuisance pursuant to s. 327.73(1)(aa), has not requested
  622  a hearing in accordance with this section, the following applies
  623  shall apply:
  624         a. For abandoned property other than a derelict vessel or a
  625  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  626  the law enforcement agency may retain any or all of the property
  627  for its own use or for use by the state or unit of local
  628  government, trade such property to another unit of local
  629  government or state agency, donate the property to a charitable
  630  organization, sell the property, or notify the appropriate
  631  refuse removal service.
  632         b. For a derelict vessel or a vessel declared a public
  633  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  634  agency or its designee may:
  635         (I) Remove the vessel from the waters of this state and
  636  destroy and dispose of the vessel or authorize another
  637  governmental entity or its designee to do so; or
  638         (II) Authorize the vessel’s use as an artificial reef in
  639  accordance with s. 379.249 if all necessary federal, state, and
  640  local authorizations are received.
  641  
  642  A law enforcement agency or its designee may also take action as
  643  described in this sub-subparagraph if, following a hearing
  644  pursuant to this section, the judge, magistrate, administrative
  645  law judge, or hearing officer has determined the vessel to be
  646  derelict as provided in s. 823.11 or otherwise in violation of
  647  the law in accordance with s. 327.73(1)(aa) and a final order
  648  has been entered or the case is otherwise closed.
  649         (4) The owner of any abandoned or lost property, or in the
  650  case of a derelict vessel or a vessel declared a public nuisance
  651  pursuant to s. 327.73(1)(aa), the owner of or other party
  652  determined to be legally responsible for the vessel on being
  653  upon the waters of this state in a derelict condition or as a
  654  public nuisance, who, after notice as provided in this section,
  655  does not remove such property within the specified period is
  656  liable to the law enforcement agency, other governmental entity,
  657  or the agency’s or entity’s designee for all costs of removal,
  658  storage, destruction, and disposal of such property, less any
  659  salvage value obtained by disposal of the property. Upon final
  660  disposition of the property, the law enforcement officer or
  661  representative of the law enforcement agency or other
  662  governmental entity shall notify the owner, or in the case of a
  663  derelict vessel or vessel declared a public nuisance pursuant to
  664  s. 327.73(1)(aa), the owner or other party determined to be
  665  legally responsible, if known, of the amount owed. In the case
  666  of an abandoned vessel or motor vehicle, a any person who
  667  neglects or refuses to pay such amount is not entitled to be
  668  issued a certificate of registration for such vessel or motor
  669  vehicle, or any other vessel or motor vehicle, until such costs
  670  have been paid. A person who has neglected or refused to pay all
  671  costs of removal, storage, disposal, and destruction of a vessel
  672  or motor vehicle as provided in this section, after having been
  673  provided written notice via certified mail that such costs are
  674  owed, and who applies for and is issued a registration for a
  675  vessel or motor vehicle before such costs have been paid in full
  676  commits a misdemeanor of the first degree, punishable as
  677  provided in s. 775.082 or s. 775.083. The law enforcement
  678  officer or representative of the law enforcement agency or other
  679  governmental entity shall supply the Department of Highway
  680  Safety and Motor Vehicles with a list of persons whose vessel
  681  registration privileges and motor vehicle privileges have been
  682  revoked under this subsection. The department or a person acting
  683  as an agent of the department may not issue a certificate of
  684  registration to a person whose vessel and motor vehicle
  685  registration privileges have been revoked, as provided by this
  686  subsection, until such costs have been paid.
  687         Section 7. Paragraphs (a), (c), and (d) of subsection (2),
  688  paragraph (a) of subsection (3), paragraph (c) of subsection
  689  (4), and subsections (6) and (7) of section 823.11, Florida
  690  Statutes, are amended, paragraph (e) is added to subsection (2)
  691  of that section, and paragraph (b) of subsection (1) of that
  692  section is reenacted, to read:
  693         823.11 Derelict vessels; relocation or removal; penalty.—
  694         (1) As used in this section, the term:
  695         (b) “Derelict vessel” means a vessel, as defined in s.
  696  327.02, that is:
  697         1. In a wrecked, junked, or substantially dismantled
  698  condition upon any waters of this state.
  699         a. A vessel is wrecked if it is sunken or sinking; aground
  700  without the ability to extricate itself absent mechanical
  701  assistance; or remaining after a marine casualty, including, but
  702  not limited to, a boating accident, extreme weather, or a fire.
  703         b. A vessel is junked if it has been substantially stripped
  704  of vessel components, if vessel components have substantially
  705  degraded or been destroyed, or if the vessel has been discarded
  706  by the owner or operator. Attaching an outboard motor to a
  707  vessel that is otherwise junked will not cause the vessel to no
  708  longer be junked if such motor is not an effective means of
  709  propulsion as required by s. 327.4107(2)(e) and associated
  710  rules.
  711         c. A vessel is substantially dismantled if at least two of
  712  the three following vessel systems or components are missing,
  713  compromised, incomplete, inoperable, or broken:
  714         (I) The steering system;
  715         (II) The propulsion system; or
  716         (III) The exterior hull integrity.
  717  
  718  Attaching an outboard motor to a vessel that is otherwise
  719  substantially dismantled will not cause the vessel to no longer
  720  be substantially dismantled if such motor is not an effective
  721  means of propulsion as required by s. 327.4107(2)(e) and
  722  associated rules.
  723         2. At a port in this state without the consent of the
  724  agency having jurisdiction thereof.
  725         3. Docked, grounded, or beached upon the property of
  726  another without the consent of the owner of the property.
  727         (2)(a) A vessel owner as defined in s. 327.02 person, firm,
  728  or corporation may not leave any derelict vessel upon waters of
  729  this state. For purposes of this paragraph, the term “leave”
  730  means to allow a vessel to remain occupied or unoccupied on the
  731  waters of this state for more than 24 hours.
  732         (c) The additional time provided in subparagraph (b)2. for
  733  an owner or responsible party to remove a derelict vessel from
  734  the waters of this state or to repair and remedy the vessel’s
  735  derelict condition does not apply to a vessel that was derelict
  736  upon the waters of this state before the stated accident or
  737  event.
  738         (d) Notwithstanding the additional 45 days provided in sub
  739  subparagraph (b)2.b. during which an owner or a responsible
  740  party may not be charged for a violation of this section, the
  741  commission, an officer of the commission, a law enforcement
  742  agency or officer specified in s. 327.70, or, during a state of
  743  emergency declared by the Governor, the Division of Emergency
  744  Management or its designee, may immediately begin the process
  745  set forth in s. 705.103(2)(a) and, once that process has been
  746  completed and the 45 days provided herein have passed, any
  747  vessel that has not been removed or repaired such that it is no
  748  longer derelict upon the waters of this state may be removed and
  749  destroyed as provided therein.
  750         (e)The title of a derelict vessel is prima facie evidence
  751  of ownership for any derelict vessel left upon the waters of
  752  this state. An owner who attempts to transfer ownership of a
  753  vessel or derelict vessel through means other than the process
  754  outlined in s. 328.22 or s. 328.64 will not be exonerated from
  755  the responsibility of having a derelict vessel upon the waters
  756  of this state without a written agreement of ownership by the
  757  transferee or evidence of agreement to transfer ownership to the
  758  transferee and the exchange of consideration between the
  759  parties.
  760         (3) The commission, an officer of the commission, or a law
  761  enforcement agency or officer specified in s. 327.70 may
  762  relocate, remove, and store or cause to be relocated, removed,
  763  and stored a derelict vessel from waters of this state as
  764  defined in s. 327.02 if the derelict vessel obstructs or
  765  threatens to obstruct navigation or in any way constitutes a
  766  danger to the environment, property, or persons. The commission,
  767  an officer of the commission, or any other law enforcement
  768  agency or officer acting pursuant to this subsection to
  769  relocate, remove, and store or cause to be relocated, removed,
  770  and stored a derelict vessel from waters of this state shall be
  771  held harmless for all damages to the derelict vessel resulting
  772  from such action unless the damage results from gross negligence
  773  or willful misconduct.
  774         (a) All costs, including costs owed to a third party,
  775  incurred by the commission, another law enforcement agency, or a
  776  governmental subdivision, when the governmental subdivision has
  777  received authorization from a law enforcement officer or agency,
  778  in the relocation, removal, storage, destruction, or disposal of
  779  a derelict vessel are recoverable against the vessel owner of or
  780  the party determined to be legally responsible for the vessel on
  781  being upon the waters of this state in a derelict condition. The
  782  Department of Legal Affairs shall represent the commission in
  783  actions to recover such costs. As provided in s. 705.103(4), a
  784  person who neglects or refuses to pay such costs may not be
  785  issued a certificate of registration for such vessel or for any
  786  other vessel or motor vehicle until such costs have been paid. A
  787  person who has neglected or refused to pay all costs of removal,
  788  storage, destruction, or disposal of a derelict vessel as
  789  provided in this section, after having been provided written
  790  notice via certified mail that such costs are owed, and who
  791  applies for and is issued a registration for a vessel or motor
  792  vehicle before such costs have been paid in full commits a
  793  misdemeanor of the first degree, punishable as provided in s.
  794  775.082 or s. 775.083.
  795         (4)
  796         (c) The commission may establish a program to provide
  797  grants to local governments for the removal, storage,
  798  destruction, and disposal of derelict vessels from the waters of
  799  this state. This grant funding may also be used for the removal,
  800  storage, destruction, and disposal of vessels declared a public
  801  nuisance pursuant to s. 327.73(1)(aa) or the derelict vessel
  802  prevention program established pursuant to s. 327.4107(7). The
  803  program must be funded from the Marine Resources Conservation
  804  Trust Fund or the Florida Coastal Protection Trust Fund.
  805  Notwithstanding s. 216.181(11), funds available for these grants
  806  may only be authorized by appropriations acts of the
  807  Legislature. In a given fiscal year, if all funds appropriated
  808  pursuant to this paragraph are not requested by and granted to
  809  local governments for the removal, storage, destruction, and
  810  disposal of derelict vessels or vessels declared a public
  811  nuisance pursuant to s. 327.73(1)(aa) by the end of the third
  812  quarter, the Fish and Wildlife Conservation Commission may use
  813  the remainder of the funds to remove, store, destroy, and
  814  dispose of, or to pay private contractors to remove, store,
  815  destroy, and dispose of, derelict vessels or vessels declared a
  816  public nuisance pursuant to s. 327.73(1)(aa). The commission
  817  shall adopt by rule procedures for local governments to submit a
  818  grant application and criteria for allocating available funds.
  819  Such criteria must include, at a minimum, all of the following:
  820         1. The number of derelict vessels within the jurisdiction
  821  of the applicant.
  822         2. The threat posed by such vessels to public health or
  823  safety, the environment, navigation, or the aesthetic condition
  824  of the general vicinity.
  825         3. The degree of commitment of the local government to
  826  maintain waters free of abandoned and derelict vessels and to
  827  seek legal action against those who abandon vessels in the
  828  waters of this state as defined in s. 327.02.
  829         (6) A person, firm, or corporation violating this section
  830  commits a misdemeanor of the first degree and shall be punished
  831  as provided by law. A conviction under this section does not bar
  832  the assessment and collection of a civil penalty. The court
  833  having jurisdiction over the criminal offense, notwithstanding
  834  any jurisdictional limitations on the amount in controversy, may
  835  order the imposition of such civil penalty in addition to any
  836  sentence imposed for the first the criminal offense.
  837         (a)For a first offense, a person, firm, or corporation
  838  violating this section commits a misdemeanor of the first degree
  839  and shall be punished as provided by law.
  840         (b)For a second offense, a person, firm, or corporation
  841  violating this section commits a felony of the third degree,
  842  punishable as provided by law.
  843         (c)For a third or subsequent offense, a person, firm, or
  844  corporation violating this section commits a felony of the
  845  second degree, punishable as provided by law.
  846         (7) A person may not reside or dwell on a vessel determined
  847  to be derelict by disposition of a court or administrative
  848  order, or where the vessel owner does not challenge the derelict
  849  determination pursuant to chapter 120. Violation of this
  850  provision constitutes a misdemeanor of the first degree,
  851  punishable as provided in s. 775.082. Law enforcement has the
  852  power and duty to issue orders, perform investigations, complete
  853  reports, and perform arrests in connection with such violations
  854  to enforce this provision. If a vessel is returned to the waters
  855  of this state in a condition that is no longer derelict, a
  856  person may reside or dwell on such vessel. The commission may
  857  adopt rules to implement this section If an owner or a
  858  responsible party of a vessel determined to be derelict through
  859  an administrative or criminal proceeding has been charged by an
  860  officer of the commission or any law enforcement agency or
  861  officer as specified in s. 327.70 under subsection (6) for a
  862  violation of subsection (2), a person may not reside or dwell on
  863  such vessel until the vessel is removed from the waters of the
  864  state permanently or returned to the waters of the state in a
  865  condition that is no longer derelict.
  866         Section 8. For the purpose of incorporating the amendment
  867  made by this act to section 823.11, Florida Statutes, in a
  868  reference thereto, section 327.04, Florida Statutes, is
  869  reenacted to read:
  870         327.04 Rules.—The commission may adopt rules pursuant to
  871  ss. 120.536(1) and 120.54 to implement this chapter, the
  872  provisions of chapter 705 relating to vessels, and s. 823.11
  873  conferring powers or duties upon it.
  874         Section 9. For the purpose of incorporating the amendment
  875  made by this act to section 823.11, Florida Statutes, in a
  876  reference thereto, paragraph (d) of subsection (6) of section
  877  327.4108, Florida Statutes, is reenacted to read:
  878         327.4108 Anchoring of vessels in anchoring limitation
  879  areas.—
  880         (6)
  881         (d) A vessel that is the subject of more than three
  882  violations within 12 months which result in dispositions other
  883  than acquittal or dismissal shall be declared to be a public
  884  nuisance and subject to s. 705.103 or, for a derelict vessel,
  885  subject to s. 823.11.
  886         Section 10. For the purpose of incorporating the amendments
  887  made by this act to sections 327.4107 and 823.11, Florida
  888  Statutes, in references thereto, paragraph (d) of subsection (3)
  889  of section 327.54, Florida Statutes, is reenacted to read:
  890         327.54 Liveries; safety regulations; penalty.—
  891         (3) A livery may not knowingly lease or rent a vessel to
  892  any person:
  893         (d) When the vessel is not seaworthy, is a derelict vessel
  894  as defined in s. 823.11, or is at risk of becoming derelict as
  895  provided in s. 327.4107.
  896         Section 11. For the purpose of incorporating the amendment
  897  made by this act to section 327.73, Florida Statutes, in a
  898  reference thereto, subsection (1) of section 705.101, Florida
  899  Statutes, is reenacted to read:
  900         705.101 Definitions.—As used in this chapter:
  901         (1) “Abandoned property” means all tangible personal
  902  property that does not have an identifiable owner and that has
  903  been disposed on public property in a wrecked, inoperative, or
  904  partially dismantled condition or has no apparent intrinsic
  905  value to the rightful owner. The term includes derelict vessels
  906  as defined in s. 823.11 and vessels declared a public nuisance
  907  pursuant to s. 327.73(1)(aa).
  908         Section 12. For the purpose of incorporating the amendment
  909  made by this act to section 705.103, Florida Statutes, in a
  910  reference thereto, subsection (1) of section 705.104, Florida
  911  Statutes, is reenacted to read:
  912         705.104 Title to lost or abandoned property.—
  913         (1) Title to lost or abandoned property is hereby vested in
  914  the finder upon the expiration of the 90-day custodial time
  915  period specified in s. 705.103(2)(b), provided the notice
  916  requirements of s. 705.103 have been met, unless the rightful
  917  owner or a lienholder claims the property within that time.
  918         Section 13. For the purpose of incorporating the amendment
  919  made by this act to section 705.103, Florida Statutes, in a
  920  reference thereto, subsection (8) of section 713.585, Florida
  921  Statutes, is reenacted to read:
  922         713.585 Enforcement of lien by sale of motor vehicle.—A
  923  person claiming a lien under s. 713.58 for performing labor or
  924  services on a motor vehicle may enforce such lien by sale of the
  925  vehicle in accordance with the following procedures:
  926         (8) A vehicle subject to lien enforcement pursuant to this
  927  section must be sold by the lienor at public sale. Immediately
  928  upon the sale of the vehicle and payment in cash of the purchase
  929  price, the lienor shall deposit with the clerk of the circuit
  930  court the proceeds of the sale less the amount claimed by the
  931  lienor for work done and storage, if any, and all reasonable
  932  costs and expenses incurred in conducting the sale, including
  933  any attorney’s fees and costs ordered by the court.
  934  Simultaneously with depositing the proceeds of sale remaining
  935  after payment to the lienor, the lienor shall file with the
  936  clerk a verified report of the sale stating a description of the
  937  vehicle sold, including the vehicle identification number; the
  938  name and address of the purchaser; the date of the sale; and the
  939  selling price. The report shall also itemize the amount retained
  940  by the lienor pursuant to this section and shall indicate
  941  whether a hearing was demanded and held. All proceeds held by
  942  the court shall be held for the benefit of the owner of the
  943  vehicle or any lienholder whose lien is discharged by the sale
  944  and shall be disbursed only upon order of the court. Unless a
  945  proceeding is initiated to validate a claim to such proceeds
  946  within 1 year and a day from the date of the sale, the proceeds
  947  shall be deemed abandoned property and disposition thereof shall
  948  be governed by s. 705.103. The clerk shall receive 5 percent of
  949  the proceeds deposited with her or him, not to exceed $25, for
  950  her or his services under this section.
  951         Section 14. Except as otherwise provided in this act, this
  952  act shall take effect July 1, 2025.