Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 830
       
       
       
       
       
       
                                Ì912704ÅÎ912704                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/10/2025           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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.