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,andderelict, 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.