Florida Senate - 2014 COMMITTEE AMENDMENT
Bill No. SB 1594
Ì590972?Î590972
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/13/2014 .
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(Simpson) recommended the 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) No person shall anchor, operate, or permit to be
10 anchored, except in case of emergency, or operated a vessel or
11 carry on any prohibited activity in a manner which shall
12 unreasonably or unnecessarily constitute a navigational hazard
13 or interfere with another vessel. Anchoring under bridges or in
14 or adjacent to heavily traveled channels shall constitute
15 interference if unreasonable under the prevailing circumstances.
16 (2) The commission, officers of the commission, and any law
17 enforcement agency or officer specified in s. 327.70 is
18 authorized and empowered to relocate, remove, or cause to be
19 relocated or removed a vessel that unreasonably or unnecessarily
20 constitutes a navigational hazard or interferes with another
21 vessel. The commission and any other law enforcement agency or
22 officer acting under this subsection to relocate, remove, or
23 cause to be relocated or removed a vessel that unreasonably or
24 unnecessarily constitutes a navigational hazard or interferes
25 with another vessel shall be held harmless for all damages to
26 the derelict vessel resulting from such relocation or removal,
27 unless the damage results from gross negligence or willful
28 misconduct.
29 (3) All costs, including costs owed to a third party,
30 incurred by the commission or other law enforcement agency in
31 the relocation or removal of a vessel that unreasonably or
32 unnecessarily constitutes a navigational hazard or interferes
33 with another vessel are recoverable against the vessel owner.
34 The Department of Legal Affairs shall represent the commission
35 in actions to recover such costs.
36 Section 2. Section 823.11, Florida Statutes, is amended to
37 read:
38 823.11 Abandoned and Derelict vessels; relocation or
39 removal; penalty.—
40 (1) For the purposes of this section, the term:
41 (a) “Derelict vessel” means a any vessel, as defined in s.
42 327.02, that is left, stored, or abandoned:
43 1.(a) In a wrecked, junked, or substantially dismantled
44 condition upon any public waters of this state.
45 2.(b) At a any port in this state without the consent of
46 the agency having jurisdiction thereof.
47 3.(c) Docked, or grounded, at or beached upon the property
48 of another without the consent of the owner of the property.
49 (b) “Commission” means the Fish and Wildlife Conservation
50 Commission.
51 (2) It is unlawful for a any person, firm, or corporation
52 to store, leave, or abandon any derelict vessel as defined in
53 this section in this state.
54 (3)(a) The Fish and Wildlife Conservation commission, and
55 its officers of the commission, and any all law enforcement
56 agency or officer officers as specified in s. 327.70 is are
57 authorized and empowered to relocate, remove, or cause to be
58 relocated or removed a any abandoned or derelict vessel from
59 public waters if the derelict vessel in any instance when the
60 same obstructs or threatens to obstruct navigation or in any way
61 constitutes a danger to the environment, property, or persons.
62 The commission or any other law enforcement agency or officer
63 acting under this subsection to relocate, remove, or cause to be
64 relocated or removed a derelict vessel from public waters shall
65 be held harmless for all damages to the derelict vessel
66 resulting from such relocation or removal, unless the damage
67 results from gross negligence or willful misconduct.
68 (a) Removal of derelict vessels under pursuant to this
69 subsection section may be funded by grants provided in ss.
70 206.606 and 376.15. The Fish and Wildlife Conservation
71 Commission shall is directed to implement a plan for the
72 procurement of any available federal disaster funds and to use
73 such funds for the removal of derelict vessels.
74 (b) All costs, including costs owed to a third party,
75 incurred by the commission or other law enforcement agency in
76 the relocation or removal of a any abandoned or derelict vessel
77 are as set out above shall be recoverable against the vessel
78 owner thereof. The Department of Legal Affairs shall represent
79 the commission in such actions to recover such costs. As
80 provided in s. 705.103(4), a any person who neglects or refuses
81 to pay such costs may amount is not entitled to be issued a
82 certificate of registration for such vessel or for any other
83 vessel or motor vehicle until such the costs have been paid.
84 (4)(b) When a derelict vessel is docked, or grounded, at or
85 beached upon private property without the consent of the owner
86 of the property, the owner of the property may remove the vessel
87 at the vessel owner’s expense 60 days after compliance with the
88 notice requirements specified in s. 328.17(5). The private
89 property owner may not hinder reasonable efforts by the vessel
90 owner or the vessel owner’s agent to remove the vessel. Any
91 Notice given pursuant to this subsection is paragraph shall be
92 presumed to be delivered when it is deposited with the United
93 States Postal Service, certified, and properly addressed with
94 prepaid postage.
95 (5)(4) A Any person, firm, or corporation violating this
96 section act commits a misdemeanor of the first degree and shall
97 be punished as provided by law. A conviction under this section
98 does shall not bar the assessment and collection of the civil
99 penalty provided in s. 376.16 for violation of s. 376.15. The
100 court having jurisdiction over the criminal offense,
101 notwithstanding any jurisdictional limitations on the amount in
102 controversy, may order the imposition of such civil penalty in
103 addition to any sentence imposed for the first criminal offense.
104 Section 3. Section 376.15, Florida Statutes, is amended to
105 read
106 376.15 Derelict vessels; relocation or removal from public
107 waters.—
108 (1) For the purposes of this section, “commission” means
109 the Fish and Wildlife Conservation Commission.
110 (2)(1) It is unlawful for any person, firm, or corporation
111 to store, leave, or abandon any derelict vessel as defined in s.
112 823.11(1) in this state.
113 (3)(2)(a) The Fish and Wildlife Conservation commission and
114 its officers and all law enforcement officers as specified in s.
115 327.70 are authorized and empowered to relocate or remove any
116 derelict vessel as defined in s. 823.11(1) from public waters.
117 All costs incurred by the commission or other law enforcement
118 agency in the relocation or removal of any abandoned or derelict
119 vessel shall be recoverable against the owner of the vessel. The
120 Department of Legal Affairs shall represent the commission in
121 such actions.
122 (b) The commission and any other law enforcement agency or
123 officer as specified in s. 327.70 acting under this section to
124 relocate, remove, or cause to be relocated or removed a derelict
125 vessel from public waters shall be held harmless for all damages
126 to the derelict vessel resulting from such relocation or
127 removal, unless the damage results from gross negligence or
128 willful misconduct.
129 (c)(b) The commission may establish a program to provide
130 grants to local governments for the removal of derelict vessels
131 from the public waters of the state. The program shall be funded
132 from the Florida Coastal Protection Trust Fund. Notwithstanding
133 the provisions in s. 216.181(11), funds available for grants may
134 only be authorized by appropriations acts of the Legislature.
135 (d)(c) The commission shall adopt by rule procedures for
136 submitting a grant application and criteria for allocating
137 available funds. Such criteria shall include, but not be limited
138 to, the following:
139 1. The number of derelict vessels within the jurisdiction
140 of the applicant.
141 2. The threat posed by such vessels to public health or
142 safety, the environment, navigation, or the aesthetic condition
143 of the general vicinity.
144 3. The degree of commitment of the local government to
145 maintain waters free of abandoned and derelict vessels and to
146 seek legal action against those who abandon vessels in the
147 waters of the state.
148 (e)(d) This section shall constitute the authority for such
149 removal but is not intended to be in contravention of any
150 applicable federal act.
151 Section 4. This act shall take effect July 1, 2014.
152
153 ================= T I T L E A M E N D M E N T ================
154 And the title is amended as follows:
155 Delete everything before the enacting clause
156 and insert:
157 A bill to be entitled
158 An act relating to vessel safety; amending s. 327.44,
159 F.S.; authorizing the Fish and Wildlife Conservation
160 Commission and certain law enforcement agencies or
161 officers to relocate or remove vessels that
162 unreasonably or unnecessarily constitute a navigation
163 hazard or interfere with another vessel; exempting the
164 commission or a law enforcement agency or officer from
165 liability for damages to a derelict vessel under
166 certain circumstances caused by the relocation or
167 removal of such a vessel; providing that the
168 commission or a law enforcement agency may recover
169 from the vessel owner its costs for the relocation or
170 removal of such a vessel; requiring the Department of
171 Legal Affairs to represent the commission in actions
172 to recover such costs; amending s. 823.11, F.S.;
173 providing definitions; authorizing the commission and
174 certain law enforcement agencies and officers to
175 relocate or remove a derelict vessel from public
176 waters if such vessel poses a danger to property or
177 persons; exempting the commission or a law enforcement
178 agency of officer from liability for damages caused by
179 its relocation or removal of such a vessel under
180 certain circumstances; expanding costs recoverable by
181 the commission or a law enforcement agency against the
182 owner of a derelict vessel for the relocation or
183 removal of such vessel; abrogating the power of the
184 commission to remove certain abandoned vessels and
185 recover its costs therefor; amending s. 376.15, F.S.;
186 providing a definition; authorizing relocation of
187 derelict vessels; exempting the commission or a law
188 enforcement agency of officer from liability for
189 damages caused by its relocation or removal of such a
190 vessel under certain circumstances; providing an
191 effective date.