Florida Senate - 2025 COMMITTEE AMENDMENT
Bill No. SB 830
Ì912704ÅÎ912704
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/10/2025 .
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The Appropriations Committee on Agriculture, Environment, and
General Government (Rodriguez) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Present paragraph (d) of subsection (1) of
6 section 823.11, Florida Statutes, is redesignated as paragraph
7 (e), a new paragraph (d) is added to that subsection, and
8 paragraph (a) of subsection (2) and subsection (4) of that
9 section are amended, to read:
10 823.11 Derelict and migrant vessels; relocation or removal;
11 penalty.—
12 (1) As used in this section, the term:
13 (d) “Migrant vessel” means an irregularly constructed and
14 equipped maritime vessel designed, intended, or used for the
15 purpose of undocumented immigrant transportation which was built
16 or assembled using or combining makeshift or improvised
17 materials or material components and meets at least one of the
18 following criteria:
19 1. The vessel was not constructed by a boat manufacturer.
20 2. The vessel was not assigned a hull identification
21 number.
22 (2)(a) A person, firm, or corporation may not leave any
23 derelict or migrant vessel upon waters of this state. For
24 purposes of this paragraph, the term “leave” means to allow a
25 vessel to remain occupied or unoccupied on the waters of this
26 state for more than 24 hours.
27 (4)(a) Removal of derelict vessels or migrant vessels under
28 this subsection may be funded by grants provided in s. 206.606.
29 (b) The commission may implement a plan for the procurement
30 of any available federal disaster funds and use such funds for
31 the removal of derelict vessels or migrant vessels.
32 (c) The commission may establish a program to provide
33 grants to local governments for the removal, storage,
34 destruction, and disposal of derelict vessels or migrant vessels
35 from the waters of this state. This grant funding may also be
36 used for the removal, storage, destruction, and disposal of
37 vessels declared a public nuisance pursuant to s. 327.73(1)(aa).
38 The program must be funded from the Marine Resources
39 Conservation Trust Fund or the Florida Coastal Protection Trust
40 Fund. Notwithstanding s. 216.181(11), funds available for these
41 grants may only be authorized by appropriations acts of the
42 Legislature. In a given fiscal year, if all funds appropriated
43 pursuant to this paragraph are not requested by and granted to
44 local governments for the removal, storage, destruction, and
45 disposal of derelict vessels, migrant vessels, or vessels
46 declared a public nuisance pursuant to s. 327.73(1)(aa) by the
47 end of the third quarter, the Fish and Wildlife Conservation
48 Commission may use the remainder of the funds to remove, store,
49 destroy, and dispose of, or to pay private contractors to
50 remove, store, destroy, and dispose of, derelict vessels,
51 migrant vessels, or vessels declared a public nuisance pursuant
52 to s. 327.73(1)(aa). The commission shall adopt by rule
53 procedures for local governments to submit a grant application
54 and criteria for allocating available funds. Such criteria must
55 include, at a minimum, the following:
56 1. The number of derelict vessels and migrant vessels
57 within the jurisdiction of the applicant.
58 2. The threat posed by such vessels to public health or
59 safety, the environment, navigation, or the aesthetic condition
60 of the general vicinity.
61 3. The degree of commitment of the local government to
62 maintain waters free of abandoned, and derelict, and migrant
63 vessels and to seek legal action against those who abandon
64 vessels in the waters of this state as defined in s. 327.02.
65 Section 2. Paragraph (a) of subsection (2) of section
66 705.103, Florida Statutes, is amended to read:
67 705.103 Procedure for abandoned or lost property.—
68 (2)(a)1. Whenever a law enforcement officer ascertains
69 that:
70 a. A migrant vessel or an article of lost or abandoned
71 property other than a derelict vessel or a vessel declared a
72 public nuisance pursuant to s. 327.73(1)(aa) is present on
73 public property and is of such nature that it cannot be easily
74 removed, the officer shall cause a notice to be placed upon such
75 article in substantially the following form:
76
77 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
78 ATTACHED PROPERTY. This property, to wit: ...(setting
79 forth brief description)... is unlawfully upon public
80 property known as ...(setting forth brief description
81 of location)... and must be removed within 5 days;
82 otherwise, it will be removed and disposed of pursuant
83 to chapter 705, Florida Statutes. The owner will be
84 liable for the costs of removal, storage, and
85 publication of notice. Dated this: ...(setting forth
86 the date of posting of notice)..., signed: ...(setting
87 forth name, title, address, and telephone number of
88 law enforcement officer)....
89
90 b. A derelict vessel or a vessel declared a public nuisance
91 pursuant to s. 327.73(1)(aa) is present on the waters of this
92 state, the officer shall cause a notice to be placed upon such
93 vessel in substantially the following form:
94
95 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE
96 ATTACHED VESSEL. This vessel, to wit: ...(setting
97 forth brief description of location)... has been
98 determined to be ...(derelict or a public nuisance)...
99 and is unlawfully upon the waters of this state
100 ...(setting forth brief description of location)...
101 and must be removed within 21 days; otherwise, it will
102 be removed and disposed of pursuant to chapter 705,
103 Florida Statutes. The owner and other interested
104 parties have the right to a hearing to challenge the
105 determination that this vessel is derelict or
106 otherwise in violation of the law. Please contact
107 ...(contact information for person who can arrange for
108 a hearing in accordance with this section).... The
109 owner or the party determined to be legally
110 responsible for the vessel being upon the waters of
111 this state in a derelict condition or as a public
112 nuisance will be liable for the costs of removal,
113 destruction, and disposal if this vessel is not
114 removed by the owner. Dated this: ...(setting forth
115 the date of posting of notice)..., signed: ...(setting
116 forth name, title, address, and telephone number of
117 law enforcement officer)....
118
119 2. The notices required under subparagraph 1. may not be
120 less than 8 inches by 10 inches and must be sufficiently
121 weatherproof to withstand normal exposure to the elements. In
122 addition to posting, the law enforcement officer shall make a
123 reasonable effort to ascertain the name and address of the
124 owner. If such is reasonably available to the officer, she or he
125 shall mail a copy of such notice to the owner on the date of
126 posting or as soon thereafter as is practical. If the property
127 is a motor vehicle as defined in s. 320.01(1) or a vessel as
128 defined in s. 327.02, except a migrant vessel as defined in s.
129 823.11, the law enforcement agency shall contact the Department
130 of Highway Safety and Motor Vehicles in order to determine the
131 name and address of the owner and any person who has filed a
132 lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
133 or s. 328.15. On receipt of this information, the law
134 enforcement agency shall mail a copy of the notice by certified
135 mail, return receipt requested, to the owner and to the
136 lienholder, if any, except that a law enforcement officer who
137 has issued a citation for a violation of s. 823.11 to the owner
138 of a derelict vessel is not required to mail a copy of the
139 notice by certified mail, return receipt requested, to the
140 owner. For a derelict vessel or a vessel declared a public
141 nuisance pursuant to s. 327.73(1)(aa), the mailed notice must
142 inform the owner or responsible party that he or she has a right
143 to a hearing to dispute the determination that the vessel is
144 derelict or otherwise in violation of the law. If a request for
145 a hearing is made, a state agency shall follow the processes as
146 set forth in s. 120.569. Local governmental entities shall
147 follow the processes set forth in s. 120.569, except that a
148 local judge, magistrate, or code enforcement officer may be
149 designated to conduct such a hearing. If, at the end of 5 days
150 after posting the notice in sub-subparagraph 1.a., or at the end
151 of 21 days after posting the notice in sub-subparagraph 1.b.,
152 and mailing such notice, if required, the owner or any person
153 interested in the lost or abandoned article or articles
154 described has not removed the article or articles from public
155 property or shown reasonable cause for failure to do so, and, in
156 the case of a derelict vessel or a vessel declared a public
157 nuisance pursuant to s. 327.73(1)(aa), has not requested a
158 hearing in accordance with this section, the following shall
159 apply:
160 a. For abandoned property other than a derelict vessel or a
161 vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
162 the law enforcement agency may retain any or all of the property
163 for its own use or for use by the state or unit of local
164 government, trade such property to another unit of local
165 government or state agency, donate the property to a charitable
166 organization, sell the property, or notify the appropriate
167 refuse removal service.
168 b. For a derelict vessel or a vessel declared a public
169 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
170 agency or its designee may:
171 (I) Remove the vessel from the waters of this state and
172 destroy and dispose of the vessel or authorize another
173 governmental entity or its designee to do so; or
174 (II) Authorize the vessel’s use as an artificial reef in
175 accordance with s. 379.249 if all necessary federal, state, and
176 local authorizations are received.
177 c. For a migrant vessel, as defined in s. 823.11, the law
178 enforcement agency or its designee may remove the vessel from
179 the waters of this state and destroy and dispose of the vessel
180 or authorize another governmental entity or its designee to do
181 so.
182
183 A law enforcement agency or its designee may also take action as
184 described in this sub-subparagraph if, following a hearing
185 pursuant to this section, the judge, magistrate, administrative
186 law judge, or hearing officer has determined the vessel to be
187 derelict as provided in s. 823.11 or otherwise in violation of
188 the law in accordance with s. 327.73(1)(aa) and a final order
189 has been entered or the case is otherwise closed.
190 Section 3. This act shall take effect July 1, 2025.
191
192 ================= T I T L E A M E N D M E N T ================
193 And the title is amended as follows:
194 Delete everything before the enacting clause
195 and insert:
196 A bill to be entitled
197 An act relating to the disposition of migrant vessels;
198 amending s. 823.11, F.S.; defining the term “migrant
199 vessel”; revising provisions concerning relocation or
200 removal of certain vessels to include migrant vessels;
201 amending s. 705.103, F.S.; providing procedures for
202 law enforcement officers concerning disposition of
203 migrant vessels; providing an effective date.