Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1594
       
       
       
       
       
       
                                Ì125370ÃÎ125370                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2014           .                                
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       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 327.44, Florida Statutes, is amended to
    6  read:
    7         327.44 Interference with navigation; relocation or removal;
    8  recovery of costs.—
    9         (1) As used in this section, the term:
   10         (a) “Gross negligence” means conduct so reckless or wanting
   11  in care that it constituted a conscious disregard or
   12  indifference to the safety of the property exposed to such
   13  conduct.
   14         (b) “Willful misconduct” means conduct evidencing
   15  carelessness or negligence of such a degree or recurrence as to
   16  manifest culpability, wrongful intent, or evil design or to show
   17  an intentional and substantial disregard of the interests of the
   18  vessel owner.
   19         (2) No person shall anchor, operate, or permit to be
   20  anchored, except in case of emergency, or operated a vessel or
   21  carry on any prohibited activity in a manner which shall
   22  unreasonably or unnecessarily constitute a navigational hazard
   23  or interfere with another vessel. Anchoring under bridges or in
   24  or adjacent to heavily traveled channels shall constitute
   25  interference if unreasonable under the prevailing circumstances.
   26         (3) The commission, officers of the commission, and any law
   27  enforcement agency or officer specified in s. 327.70 are
   28  authorized and empowered to relocate, remove, or cause to be
   29  relocated or removed a vessel that unreasonably or unnecessarily
   30  constitutes a navigational hazard or interferes with another
   31  vessel. The commission, officers of the commission, or any other
   32  law enforcement agency or officer acting under this subsection
   33  to relocate, remove, or cause to be relocated or removed a
   34  vessel that unreasonably or unnecessarily constitutes a
   35  navigational hazard or interferes with another vessel shall be
   36  held harmless for all damages to the vessel resulting from such
   37  relocation or removal unless the damage results from gross
   38  negligence or willful misconduct.
   39         (4) A contractor performing relocation or removal
   40  activities at the direction of the commission, officers of the
   41  commission, or a law enforcement agency or officer pursuant to
   42  this section must be licensed in accordance with applicable
   43  United States Coast Guard regulations where required; obtain and
   44  carry in full force and effect a policy from a licensed
   45  insurance carrier in this state to insure against any accident,
   46  loss, injury, property damage, or other casualty caused by or
   47  resulting from the contractor’s actions; and be properly
   48  equipped to perform the services to be provided.
   49         (5) All costs, including costs owed to a third party,
   50  incurred by the commission or other law enforcement agency in
   51  the relocation or removal of a vessel that unreasonably or
   52  unnecessarily constitutes a navigational hazard or interferes
   53  with another vessel are recoverable against the vessel owner.
   54  The Department of Legal Affairs shall represent the commission
   55  in actions to recover such costs.
   56         Section 2. Section 376.15, Florida Statutes, is amended to
   57  read:
   58         376.15 Derelict vessels; relocation or removal from public
   59  waters.—
   60         (1) As used in this section, the term:
   61         (a) “Commission” means the Fish and Wildlife Conservation
   62  Commission.
   63         (b) “Gross negligence” means conduct so reckless or wanting
   64  in care that it constituted a conscious disregard or
   65  indifference to the safety of the property exposed to such
   66  conduct.
   67         (c) “Willful misconduct” means conduct evidencing
   68  carelessness or negligence of such a degree or recurrence as to
   69  manifest culpability, wrongful intent, or evil design or to show
   70  an intentional and substantial disregard of the interests of the
   71  vessel owner.
   72         (2)(1) It is unlawful for any person, firm, or corporation
   73  to store, leave, or abandon any derelict vessel as defined in s.
   74  823.11 823.11(1) in this state.
   75         (3)(2)(a) The Fish and Wildlife Conservation commission,
   76  and its officers of the commission, and any all law enforcement
   77  agency or officer officers as specified in s. 327.70 are
   78  authorized and empowered to relocate, remove, or cause to be
   79  relocated or removed any derelict vessel as defined in s. 823.11
   80  823.11(1) from public waters. All costs, including costs owed to
   81  a third party, incurred by the commission or other law
   82  enforcement agency in the relocation or removal of any abandoned
   83  or derelict vessel are shall be recoverable against the owner of
   84  the vessel. The Department of Legal Affairs shall represent the
   85  commission in such actions to recover such costs.
   86         (b) The commission, officers of the commission, and any
   87  other law enforcement agency or officer specified in s. 327.70
   88  acting under this section to relocate, remove, or cause to be
   89  relocated or removed a derelict vessel from public waters shall
   90  be held harmless for all damages to the derelict vessel
   91  resulting from such relocation or removal unless the damage
   92  results from gross negligence or willful misconduct.
   93         (c) A contractor performing relocation or removal
   94  activities at the direction of the commission, officers of the
   95  commission, or a law enforcement agency or officer pursuant to
   96  this section must be licensed in accordance with applicable
   97  United States Coast Guard regulations where required; obtain and
   98  carry in full force and effect a policy from a licensed
   99  insurance carrier in this state to insure against any accident,
  100  loss, injury, property damage, or other casualty caused by or
  101  resulting from the contractor’s actions; and be properly
  102  equipped to perform the services to be provided.
  103         (d)(b) The commission may establish a program to provide
  104  grants to local governments for the removal of derelict vessels
  105  from the public waters of the state. The program shall be funded
  106  from the Florida Coastal Protection Trust Fund. Notwithstanding
  107  the provisions in s. 216.181(11), funds available for grants may
  108  only be authorized by appropriations acts of the Legislature.
  109         (e)(c) The commission shall adopt by rule procedures for
  110  submitting a grant application and criteria for allocating
  111  available funds. Such criteria shall include, but not be limited
  112  to, the following:
  113         1. The number of derelict vessels within the jurisdiction
  114  of the applicant.
  115         2. The threat posed by such vessels to public health or
  116  safety, the environment, navigation, or the aesthetic condition
  117  of the general vicinity.
  118         3. The degree of commitment of the local government to
  119  maintain waters free of abandoned and derelict vessels and to
  120  seek legal action against those who abandon vessels in the
  121  waters of the state.
  122         (f)(d) This section constitutes shall constitute the
  123  authority for such removal but is not intended to be in
  124  contravention of any applicable federal act.
  125         Section 3. Section 823.11, Florida Statutes, is amended to
  126  read:
  127         823.11 Abandoned and Derelict vessels; relocation or
  128  removal; penalty.—
  129         (1) As used in this section, the term:
  130         (a)“Commission” means the Fish and Wildlife Conservation
  131  Commission.
  132         (b) “Derelict vessel” means a any vessel, as defined in s.
  133  327.02, that is left, stored, or abandoned:
  134         1.(a) In a wrecked, junked, or substantially dismantled
  135  condition upon any public waters of this state.
  136         2.(b) At a any port in this state without the consent of
  137  the agency having jurisdiction thereof.
  138         3.(c) Docked, or grounded, at or beached upon the property
  139  of another without the consent of the owner of the property.
  140         (c) “Gross negligence” means conduct so reckless or wanting
  141  in care that it constituted a conscious disregard or
  142  indifference to the safety of the property exposed to such
  143  conduct.
  144         (d) “Willful misconduct” means conduct evidencing
  145  carelessness or negligence of such a degree or recurrence as to
  146  manifest culpability, wrongful intent, or evil design or to show
  147  an intentional and substantial disregard of the interests of the
  148  vessel owner.
  149         (2) It is unlawful for a any person, firm, or corporation
  150  to store, leave, or abandon any derelict vessel as defined in
  151  this section in this state.
  152         (3)(a) The Fish and Wildlife Conservation commission, and
  153  its officers of the commission, and any all law enforcement
  154  agency or officer officers as specified in s. 327.70 are
  155  authorized and empowered to relocate, remove, or cause to be
  156  relocated or removed a any abandoned or derelict vessel from
  157  public waters if the derelict vessel in any instance when the
  158  same obstructs or threatens to obstruct navigation or in any way
  159  constitutes a danger to the environment, property, or persons.
  160  The commission, officers of the commission, or any other law
  161  enforcement agency or officer acting under this subsection to
  162  relocate, remove, or cause to be relocated or removed a derelict
  163  vessel from public waters shall be held harmless for all damages
  164  to the derelict vessel resulting from such relocation or removal
  165  unless the damage results from gross negligence or willful
  166  misconduct.
  167         (a) Removal of derelict vessels under pursuant to this
  168  subsection section may be funded by grants provided in ss.
  169  206.606 and 376.15. The Fish and Wildlife Conservation
  170  commission shall is directed to implement a plan for the
  171  procurement of any available federal disaster funds and to use
  172  such funds for the removal of derelict vessels.
  173         (b) All costs, including costs owed to a third party,
  174  incurred by the commission or other law enforcement agency in
  175  the relocation or removal of a any abandoned or derelict vessel
  176  are as set out above shall be recoverable against the vessel
  177  owner thereof. The Department of Legal Affairs shall represent
  178  the commission in such actions to recover such costs. As
  179  provided in s. 705.103(4), a any person who neglects or refuses
  180  to pay such costs may amount is not entitled to be issued a
  181  certificate of registration for such vessel or for any other
  182  vessel or motor vehicle until such the costs have been paid.
  183         (c) A contractor performing relocation or removal
  184  activities at the direction of the commission, officers of the
  185  commission, or a law enforcement agency or officer pursuant to
  186  this section must be licensed in accordance with applicable
  187  United States Coast Guard regulations where required; obtain and
  188  carry in full force and effect a policy from a licensed
  189  insurance carrier in this state to insure against any accident,
  190  loss, injury, property damage, or other casualty caused by or
  191  resulting from the contractor’s actions; and be properly
  192  equipped to perform the services to be provided.
  193         (4)(b) When a derelict vessel is docked, or grounded, at or
  194  beached upon private property without the consent of the owner
  195  of the property, the owner of the property may remove the vessel
  196  at the vessel owner’s expense 60 days after compliance with the
  197  notice requirements specified in s. 328.17(5). The private
  198  property owner may not hinder reasonable efforts by the vessel
  199  owner or the vessel owner’s agent to remove the vessel. Any
  200  Notice given pursuant to this subsection is paragraph shall be
  201  presumed to be delivered when it is deposited with the United
  202  States Postal Service, certified, and properly addressed with
  203  prepaid postage.
  204         (5)(4)A Any person, firm, or corporation violating this
  205  section act commits a misdemeanor of the first degree and shall
  206  be punished as provided by law. A conviction under this section
  207  does shall not bar the assessment and collection of the civil
  208  penalty provided in s. 376.16 for violation of s. 376.15. The
  209  court having jurisdiction over the criminal offense,
  210  notwithstanding any jurisdictional limitations on the amount in
  211  controversy, may order the imposition of such civil penalty in
  212  addition to any sentence imposed for the first criminal offense.
  213         Section 4. Paragraph (g) of subsection (4) of section
  214  376.11, Florida Statutes, is amended to read:
  215         376.11 Florida Coastal Protection Trust Fund.—
  216         (4) Moneys in the Florida Coastal Protection Trust Fund
  217  shall be disbursed for the following purposes and no others:
  218         (g) The funding of a grant program to local governments,
  219  pursuant to s. 376.15(3)(d) and (e) 376.15(2)(b) and (c), for
  220  the removal of derelict vessels from the public waters of the
  221  state.
  222         Section 5. Subsection (3) of section 705.101, Florida
  223  Statutes, is amended to read:
  224         705.101 Definitions.—As used in this chapter:
  225         (3) “Abandoned property” means all tangible personal
  226  property that does not have an identifiable owner and that has
  227  been disposed on public property in a wrecked, inoperative, or
  228  partially dismantled condition or has no apparent intrinsic
  229  value to the rightful owner. The term includes derelict vessels
  230  as defined in s. 823.11 823.11(1).
  231         Section 6. This act shall take effect July 1, 2014.
  232  
  233  ================= T I T L E  A M E N D M E N T ================
  234  And the title is amended as follows:
  235         Delete everything before the enacting clause
  236  and insert:
  237                        A bill to be entitled                      
  238         An act relating to vessel safety; amending s. 327.44,
  239         F.S.; defining terms; authorizing the Fish and
  240         Wildlife Conservation Commission and certain law
  241         enforcement agencies or officers to relocate or remove
  242         vessels that unreasonably or unnecessarily constitute
  243         a navigational hazard or interfere with another
  244         vessel; exempting the commission or a law enforcement
  245         agency or officer from liability for damages to such a
  246         vessel caused by the relocation or removal thereof;
  247         providing an exception; specifying requirements for
  248         contractors relocating or removing a vessel at the
  249         direction of the commission or a law enforcement
  250         agency or officer; providing that the commission or a
  251         law enforcement agency may recover from the vessel
  252         owner its costs for the relocation or removal of such
  253         a vessel; requiring the Department of Legal Affairs to
  254         represent the commission in actions to recover such
  255         costs; amending ss. 376.15 and 823.11, F.S.; defining
  256         terms; authorizing the commission and certain law
  257         enforcement agencies and officers to relocate or
  258         remove a derelict vessel from public waters; exempting
  259         the commission or a law enforcement agency or officer
  260         from liability for damages to such a vessel caused by
  261         the relocation or removal thereof; providing an
  262         exception; expanding costs recoverable by the
  263         commission or a law enforcement agency against the
  264         owner of a derelict vessel for the relocation or
  265         removal thereof; specifying requirements for
  266         contractors relocating or removing a vessel at the
  267         direction of the commission or a law enforcement
  268         agency or officer; abrogating the power of the
  269         commission to remove certain abandoned vessels and
  270         recover its costs therefor; conforming a cross
  271         reference; amending ss. 376.11 and 705.101, F.S.;
  272         conforming cross-references; providing an effective
  273         date.