Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 1338
       
       
       
       
       
       
                                Ì2654721Î265472                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2017           .                                
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       The Committee on Appropriations (Book) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (f) of subsection (2) of section
    6  253.0347, Florida Statutes, is amended to read:
    7         253.0347 Lease of sovereignty submerged lands for private
    8  residential docks and piers.—
    9         (2)
   10         (f) A lessee of sovereignty submerged lands for a private
   11  residential multifamily dock designed to moor boats up to the
   12  number of units within the multifamily development is not
   13  required to pay lease fees for a preempted area equal to or less
   14  than 10 times the riparian shoreline along sovereignty submerged
   15  land on the affected waterbody times the number of units with
   16  docks in the private multifamily development. Private
   17  residential multifamily docks grandfathered-in to use
   18  sovereignty submerged lands by January 1, 1998, pursuant to
   19  former rule 18-21.00405, Florida Administrative Code, as it
   20  existed in rule on March 15, 1990, may moor a number of boats
   21  that exceed the number of units within the private multifamily
   22  development as previously authorized under such rule.
   23         Section 2. Present subsections (3), (4), and (5) of section
   24  327.02, Florida Statutes, are renumbered as subsections (4),
   25  (5), and (6), respectively, present subsections (6), (7), (8),
   26  (9), and (10) are renumbered as subsections (7), (9), (10),
   27  (11), and (12), respectively, present subsections (11) through
   28  (15) are renumbered as subsections (14) through (18),
   29  respectively, present subsections (16) through (44) are
   30  renumbered as subsections (19) through (47), respectively,
   31  present subsections (6) and (19) are amended, and new
   32  subsections (3), (8), and (13) are added to that section, to
   33  read:
   34         327.02 Definitions.—As used in this chapter and in chapter
   35  328, unless the context clearly requires a different meaning,
   36  the term:
   37         (3)“Barge” means a vessel that does not have living
   38  quarters, is not propelled by its own power, and is designed to
   39  be pushed or pulled by another vessel.
   40         (7)(6) “Commercial fishing vessel” means:
   41         (a) a vessel primarily engaged in the taking or landing of
   42  saltwater fish or saltwater products or freshwater fish or
   43  freshwater products, or a vessel licensed pursuant to s. 379.361
   44  from which commercial quantities of saltwater products are
   45  harvested, from within and without the waters of this state for
   46  sale to the consumer or to a retail or wholesale dealer.
   47         (b)Any other vessel, except a recreational vessel as
   48  defined in this section.
   49         (8)“Commercial vessel” means a vessel represented as a
   50  place of business or a professional or other commercial
   51  enterprise.
   52         (13)“Effective means of propulsion for safe navigation”
   53  means a vessel, other than a barge, that is equipped with:
   54         (a)A functioning motor, controls, and steering system; or
   55         (b)Rigging and sails that are present and in good working
   56  order, and a functioning steering system.
   57         (22)(19) “Live-aboard vessel” means:
   58         (a) A vessel used solely as a residence and not for
   59  navigation;
   60         (b)A vessel represented as a place of business or a
   61  professional or other commercial enterprise; or
   62         (b)(c) A vessel for which a declaration of domicile has
   63  been filed pursuant to s. 222.17; or
   64         (c)A vessel used as a residence that does not have an
   65  effective means of propulsion for safe navigation.
   66  
   67  A commercial fishing vessel boat is expressly excluded from the
   68  term “live-aboard vessel.”
   69         Section 3. Subsection (1) of section 327.391, Florida
   70  Statutes, is amended to read:
   71         327.391 Airboats regulated.—
   72         (1) The exhaust of every internal combustion engine used on
   73  any airboat operated on the waters of this state shall be
   74  provided with an automotive-style factory muffler, underwater
   75  exhaust, or other manufactured device capable of adequately
   76  muffling the sound of the exhaust of the engine as described in
   77  s. 327.02(30) s. 327.02(27). The use of cutouts or flex pipe as
   78  the sole source of muffling is prohibited, except as provided in
   79  subsection (4). Any person who violates this subsection commits
   80  a noncriminal infraction punishable as provided in s. 327.73(1).
   81         Section 4. Paragraph (e) is added to subsection (2) of
   82  section 327.4107, Florida Statutes, to read:
   83         327.4107 Vessels at risk of becoming derelict on waters of
   84  this state.—
   85         (2) An officer of the commission or of a law enforcement
   86  agency specified in s. 327.70 may determine that a vessel is at
   87  risk of becoming derelict if any of the following conditions
   88  exist:
   89         (e)The vessel does not have an effective means of
   90  propulsion for safe navigation within 72 hours after the vessel
   91  owner or operator receives telephonic or written notice, which
   92  may be provided by facsimile, electronic mail, or other
   93  electronic means, stating such from an officer, and the vessel
   94  owner or operator is unable to provide a receipt, proof of
   95  purchase, or other documentation of having ordered necessary
   96  parts for vessel repair. The commission may adopt rules to
   97  implement this paragraph.
   98         Section 5. Subsection (7) of section 327.4108, Florida
   99  Statutes, is amended to read:
  100         327.4108 Anchoring of vessels in anchoring limitation
  101  areas.—
  102         (7) This section shall remain in effect notwithstanding
  103  expires upon the Legislature’s adoption of the commission’s
  104  recommendations for the regulation of mooring vessels outside of
  105  public mooring fields pursuant to s. 327.4105.
  106         Section 6. Section 327.4109, Florida Statutes, is created
  107  to read:
  108         327.4109Anchoring or mooring prohibited; exceptions;
  109  penalties.—
  110         (1)(a)An owner or operator of a vessel or floating
  111  structure may not anchor or moor such that the nearest approach
  112  of the anchored or moored vessel or floating structure is:
  113         1.Within 150 feet of any marina, boat ramp, boatyard, or
  114  other vessel launching or loading facility;
  115         2.Within 300 feet of a superyacht repair facility. For
  116  purposes of this subparagraph, the term “superyacht repair
  117  facility” means a facility that services or repairs a yacht of
  118  120 feet or more in length; or
  119         3.Within 100 feet outward from the marked boundary of a
  120  public mooring field or a lesser distance if approved by the
  121  commission upon request of a local government within which the
  122  mooring field is located. The commission may adopt rules to
  123  implement this subparagraph.
  124         (b)This subsection does not apply to:
  125         1.A vessel owned or operated by a governmental entity.
  126         2.A construction or dredging vessel on an active job site.
  127         3.A commercial fishing vessel actively engaged in
  128  commercial fishing.
  129         4.A vessel actively engaged in recreational fishing if the
  130  persons onboard are actively tending hook and line fishing gear
  131  or nets.
  132         (2)Notwithstanding subsection (1), an owner or operator of
  133  a vessel may anchor or moor within 150 feet of any marina, boat
  134  ramp, boatyard, or other vessel launching or loading facility,
  135  within 300 feet of a superyacht repair facility, or within 100
  136  feet outward from the marked boundary of a public mooring field
  137  if:
  138         (a)The vessel suffers a mechanical failure that poses an
  139  unreasonable risk of harm to the vessel or the persons onboard
  140  such vessel. The owner or operator of the vessel may anchor or
  141  moor for 5 business days or until the vessel is repaired,
  142  whichever occurs first.
  143         (b)Imminent or existing weather conditions in the vicinity
  144  of the vessel pose an unreasonable risk of harm to the vessel or
  145  the persons onboard such vessel. The owner or operator of the
  146  vessel may anchor or moor until weather conditions no longer
  147  pose such risk. During a hurricane or tropical storm, weather
  148  conditions are deemed to no longer pose an unreasonable risk of
  149  harm when the hurricane or tropical storm warning affecting the
  150  area has expired.
  151         (3)The owner or operator of a vessel or floating structure
  152  may not anchor or moor within the marked boundary of a public
  153  mooring field unless the owner or operator has a lawful right to
  154  anchor or moor in the mooring field by contractual agreement or
  155  other business arrangement.
  156         (4)The owner or operator of a vessel or floating structure
  157  may not anchor, moor, tie, or otherwise affix or allow the
  158  vessel or floating structure to remain anchored, moored, tied,
  159  or otherwise affixed to an unpermitted, unauthorized, or
  160  otherwise unlawful object that is on or affixed to the bottom of
  161  the waters of this state. This subsection does not apply to a
  162  private mooring owned by the owner of privately owned submerged
  163  lands.
  164         (5)A violation of this section is a noncriminal
  165  infraction, punishable as provided in s. 327.73(1)(bb).
  166         Section 7. Subsection (2) of section 327.44, Florida
  167  Statutes, is amended to read:
  168         327.44 Interference with navigation; relocation or removal;
  169  recovery of costs.—
  170         (2) No person shall anchor, moor operate, or permit to be
  171  anchored or moored, except in case of emergency, or operate
  172  operated a vessel or carry on any prohibited activity in a
  173  manner which shall unreasonably or unnecessarily constitute a
  174  navigational hazard or interfere with another vessel. Anchoring
  175  or mooring under bridges or in or adjacent to heavily traveled
  176  channels shall constitute interference if unreasonable under the
  177  prevailing circumstances.
  178         Section 8. Subsection (1) of section 327.46, Florida
  179  Statutes, is amended, and paragraphs (d) and (e) are added to
  180  that subsection, to read:
  181         327.46 Boating-restricted areas.—
  182         (1) Boating-restricted areas, including, but not limited
  183  to, restrictions of vessel speeds and vessel traffic, may be
  184  established on the waters of this state for any purpose
  185  necessary to protect the safety of the public if such
  186  restrictions are necessary based on boating accidents,
  187  visibility, hazardous currents or water levels, vessel traffic
  188  congestion, or other navigational hazards or to protect
  189  seagrasses on privately owned submerged lands.
  190         (a) The commission may establish boating-restricted areas
  191  by rule pursuant to chapter 120.
  192         (b) Municipalities and counties have the authority to
  193  establish the following boating-restricted areas by ordinance:
  194         1. An ordinance establishing an idle speed, no wake
  195  boating-restricted area, if the area is:
  196         a. Within 500 feet of any boat ramp, hoist, marine railway,
  197  or other launching or landing facility available for use by the
  198  general boating public on waterways more than 300 feet in width
  199  or within 300 feet of any boat ramp, hoist, marine railway, or
  200  other launching or landing facility available for use by the
  201  general boating public on waterways not exceeding 300 feet in
  202  width.
  203         b. Within 500 feet of fuel pumps or dispensers at any
  204  marine fueling facility that sells motor fuel to the general
  205  boating public on waterways more than 300 feet in width or
  206  within 300 feet of the fuel pumps or dispensers at any licensed
  207  terminal facility that sells motor fuel to the general boating
  208  public on waterways not exceeding 300 feet in width.
  209         c. Inside or within 300 feet of any lock structure.
  210         2. An ordinance establishing a slow speed, minimum wake
  211  boating-restricted area if the area is:
  212         a. Within 300 feet of any bridge fender system.
  213         b. Within 300 feet of any bridge span presenting a vertical
  214  clearance of less than 25 feet or a horizontal clearance of less
  215  than 100 feet.
  216         c. On a creek, stream, canal, or similar linear waterway if
  217  the waterway is less than 75 feet in width from shoreline to
  218  shoreline.
  219         d. On a lake or pond of less than 10 acres in total surface
  220  area.
  221         3. An ordinance establishing a vessel-exclusion zone if the
  222  area is:
  223         a. Designated as a public bathing beach or swim area.
  224         b. Within 300 feet of a dam, spillway, or flood control
  225  structure.
  226         (c) Municipalities and counties have the authority to
  227  establish by ordinance the following other boating-restricted
  228  areas:
  229         1. An ordinance establishing an idle speed, no wake
  230  boating-restricted area, if the area is within 300 feet of a
  231  confluence of water bodies presenting a blind corner, a bend in
  232  a narrow channel or fairway, or such other area if an
  233  intervening obstruction to visibility may obscure other vessels
  234  or other users of the waterway.
  235         2. An ordinance establishing a slow speed, minimum wake, or
  236  numerical speed limit boating-restricted area if the area is:
  237         a. Within 300 feet of a confluence of water bodies
  238  presenting a blind corner, a bend in a narrow channel or
  239  fairway, or such other area if an intervening obstruction to
  240  visibility may obscure other vessels or other users of the
  241  waterway.
  242         b. Subject to unsafe levels of vessel traffic congestion.
  243         c. Subject to hazardous water levels or currents, or
  244  containing other navigational hazards.
  245         d. An area that accident reports, uniform boating
  246  citations, vessel traffic studies, or other creditable data
  247  demonstrate to present a significant risk of collision or a
  248  significant threat to boating safety.
  249         3. An ordinance establishing a vessel-exclusion zone if the
  250  area is reserved exclusively:
  251         a. As a canoe trail or otherwise limited to vessels under
  252  oars or under sail.
  253         b. For a particular activity and user group separation must
  254  be imposed to protect the safety of those participating in such
  255  activity.
  256  
  257  Any of the ordinances adopted pursuant to this paragraph shall
  258  not take effect until the commission has reviewed the ordinance
  259  and determined by substantial competent evidence that the
  260  ordinance is necessary to protect public safety pursuant to this
  261  paragraph. Any application for approval of an ordinance shall be
  262  reviewed and acted upon within 90 days after receipt of a
  263  completed application. Within 30 days after a municipality or
  264  county submits an application for approval to the commission,
  265  the commission shall advise the municipality or county as to
  266  what information, if any, is needed to deem the application
  267  complete. An application shall be considered complete upon
  268  receipt of all requested information and correction of any error
  269  or omission for which the applicant was timely notified or when
  270  the time for such notification has expired. The commission’s
  271  action on the application shall be subject to review under
  272  chapter 120. The commission shall initiate rulemaking no later
  273  than January 1, 2010, to provide criteria and procedures for
  274  reviewing applications and procedures for providing for public
  275  notice and participation pursuant to this paragraph.
  276         (d)Owners of private submerged lands that are adjacent to
  277  Outstanding Florida Waters, as defined in s. 403.061(27), or an
  278  aquatic preserve established under ss. 258.39-258.399 may
  279  request that the commission establish boating-restricted areas
  280  solely to protect any seagrass and contiguous seagrass habitat
  281  within their private property boundaries from seagrass scarring
  282  due to propeller dredging. Owners making a request pursuant to
  283  this paragraph must demonstrate to the commission clear
  284  ownership of the submerged lands. The commission shall adopt
  285  rules to implement this paragraph, including, but not limited
  286  to, establishing an application process and criteria for meeting
  287  the requirements of this paragraph. Each approved boating
  288  restricted area shall be established by commission rule. For
  289  marking boating-restricted zones established pursuant to this
  290  paragraph, owners of private submerged lands shall apply to the
  291  commission for a uniform waterway marker permit in accordance
  292  with ss. 327.40 and 327.41, and shall be responsible for marking
  293  the boating-restricted zone in accordance with the terms of the
  294  permit.
  295         (e)As used in this section, the term “seagrass” has the
  296  same meaning as in s. 253.04.
  297         Section 9. Subsections (2) and (3) of section 327.60,
  298  Florida Statutes, are amended, and subsections (4) and (5) are
  299  added to that section, to read:
  300         327.60 Local regulations; limitations.—
  301         (2) Nothing in This chapter and or chapter 328 do not shall
  302  be construed to prevent the adoption of any ordinance or local
  303  regulation relating to operation of vessels, except that a
  304  county or municipality may shall not enact, continue in effect,
  305  or enforce any ordinance or local regulation:
  306         (a) Establishing a vessel or associated equipment
  307  performance or other safety standard, imposing a requirement for
  308  associated equipment, or regulating the carrying or use of
  309  marine safety articles;
  310         (b) Relating to the design, manufacture, or installation,
  311  or use of any marine sanitation device on any vessel, except as
  312  authorized in subsection (4);
  313         (c) Regulating any vessel upon the Florida Intracoastal
  314  Waterway;
  315         (d) Discriminating against personal watercraft;
  316         (e) Discriminating against airboats, for ordinances adopted
  317  after July 1, 2006, unless adopted by a two-thirds vote of the
  318  governing body enacting such ordinance;
  319         (f) Regulating the anchoring of vessels other than live
  320  aboard vessels outside the marked boundaries of mooring fields
  321  permitted as provided in s. 327.40, except for:
  322         1.Live-aboard vessels; and
  323         2.Commercial vessels, excluding commercial fishing
  324  vessels;
  325         (g) Regulating engine or exhaust noise, except as provided
  326  in s. 327.65; or
  327         (h) That conflicts with any provisions of this chapter or
  328  any amendments thereto or rules adopted thereunder.
  329         (3) Nothing in This section does not shall be construed to
  330  prohibit local governments governmental authorities from
  331  enacting or enforcing the enactment or enforcement of
  332  regulations that which prohibit or restrict the mooring or
  333  anchoring of floating structures, or live-aboard vessels, or
  334  commercial vessels, excluding commercial fishing vessels, within
  335  their jurisdictions or of any vessels within the marked
  336  boundaries of mooring fields permitted as provided in s. 327.40.
  337  However, local governmental authorities are prohibited from
  338  regulating the anchoring outside of such mooring fields of
  339  vessels other than live-aboard vessels as defined in s. 327.02.
  340         (4)(a)A local government may enact and enforce regulations
  341  that require owners or operators of vessels or floating
  342  structures subject to the marine sanitation requirements of s.
  343  327.53 to provide proof of proper sewage disposal by means of an
  344  approved sewage pumpout service, approved sewage pumpout
  345  facility, or approved waste reception facility when anchored or
  346  moored for more than 10 consecutive days within the following
  347  areas:
  348         1.Marked boundaries of a permitted mooring field under the
  349  jurisdiction of the local government;
  350         2.No-discharge zones as published in Volume 53, No. 13 of
  351  the Federal Register, page 1678 (1988); Volume 64, No. 164 of
  352  the Federal Register, pages 46390-46391 (1999); and Volume 67,
  353  No. 98 of the Federal Register, pages 35735-35743 (2002); or
  354         3.No-discharge zones established pursuant to 40 C.F.R. s.
  355  1700.10.
  356         (b)Before a local government may adopt an ordinance to
  357  enact and enforce such regulations, the local government must
  358  ensure that there are approved sewage pumpout services, approved
  359  sewage pumpout facilities, or approved waste reception
  360  facilities available within its jurisdiction. Any ordinance
  361  adopted pursuant to this subsection may not take effect until
  362  reviewed and approved as consistent with this subsection by the
  363  commission.
  364         (c)This subsection does not prohibit a local government
  365  from enacting or enforcing such sewage pumpout requirements for
  366  live-aboard vessels, floating structures, and commercial vessels
  367  within any areas of its jurisdiction.
  368         (d)The commission may adopt rules to implement this
  369  subsection.
  370         (5)A local government may enact and enforce regulations to
  371  implement the procedures for abandoned or lost property that
  372  allow a local government law enforcement agency to remove a
  373  vessel affixed to a public dock within its jurisdiction that is
  374  abandoned or lost property pursuant to s. 705.103(1). Any
  375  regulation enacted by a local government must require a written,
  376  posted notice of no less than 24 hours before removal.
  377         Section 10. Subsection (3) of section 327.70, Florida
  378  Statutes, is amended, and paragraph (d) is added to that
  379  subsection, to read:
  380         327.70 Enforcement of this chapter and chapter 328.—
  381         (3)(a) Noncriminal violations of the following statutes may
  382  be enforced by a uniform boating citation mailed to the
  383  registered owner of an unattended vessel anchored, aground, or
  384  moored on the waters of this state:
  385         1. Section 327.33(3)(b), relating to navigation rules.
  386         2. Section 327.44, relating to interference with
  387  navigation.
  388         3. Section 327.50(2), relating to required lights and
  389  shapes.
  390         4. Section 327.53, relating to marine sanitation.
  391         5. Section 328.48(5), relating to display of decal.
  392         6. Section 328.52(2), relating to display of number.
  393         7. Section 327.4107, relating to vessels at risk of
  394  becoming derelict.
  395         8.Section 327.4109, relating to prohibited anchoring or
  396  mooring.
  397         (b) Citations issued to livery vessels under this
  398  subsection are shall be the responsibility of the lessee of the
  399  vessel if the livery has included a warning of this
  400  responsibility as a part of the rental agreement and has
  401  provided to the agency issuing the citation the name, address,
  402  and date of birth of the lessee when requested by that agency.
  403  The livery is not responsible for the payment of citations if
  404  the livery provides the required warning and lessee information.
  405         (c) A noncriminal violation of s. 327.4108 may be enforced
  406  by a uniform boating citation issued to the operator of a vessel
  407  unlawfully anchored in an anchoring limitation area.
  408         (d)A noncriminal violation of s. 327.4109 may be enforced
  409  by a uniform boating citation issued to an owner or operator of
  410  a vessel or floating structure that is anchored or moored where
  411  prohibited.
  412         Section 11. Paragraph (g) of subsection (1) of section
  413  327.73, Florida Statutes, is amended, and paragraph (bb) is
  414  added to that subsection, to read:
  415         327.73 Noncriminal infractions.—
  416         (1) Violations of the following provisions of the vessel
  417  laws of this state are noncriminal infractions:
  418         (g) Section 328.72(13), relating to operation with an
  419  expired registration, for which the penalty is:
  420         1.For a first or subsequent offense of s. 328.72(13)(a),
  421  up to a maximum of $50.
  422         2.For a first offense of s. 328.72(13)(b), up to a maximum
  423  of $250.
  424         3.For a second or subsequent offense of s. 328.72(13)(b),
  425  up to a maximum of $500. A person cited for a noncriminal
  426  infraction under this subparagraph may not have the provisions
  427  of paragraph (4)(a) available to him or her and must appear
  428  before the designated official at the time and location of the
  429  scheduled hearing.
  430         (bb)Section 327.4109, relating to anchoring or mooring in
  431  a prohibited area, for which the penalty is:
  432         1.For a first offense, up to a maximum of $50.
  433         2.For a second offense, up to a maximum of $100.
  434         3.For a third or subsequent offense, up to a maximum of
  435  $250.
  436  
  437  Any person cited for a violation of any provision of this
  438  subsection shall be deemed to be charged with a noncriminal
  439  infraction, shall be cited for such an infraction, and shall be
  440  cited to appear before the county court. The civil penalty for
  441  any such infraction is $50, except as otherwise provided in this
  442  section. Any person who fails to appear or otherwise properly
  443  respond to a uniform boating citation shall, in addition to the
  444  charge relating to the violation of the boating laws of this
  445  state, be charged with the offense of failing to respond to such
  446  citation and, upon conviction, be guilty of a misdemeanor of the
  447  second degree, punishable as provided in s. 775.082 or s.
  448  775.083. A written warning to this effect shall be provided at
  449  the time such uniform boating citation is issued.
  450         Section 12. Subsection (4) is added to section 328.09,
  451  Florida Statutes, to read:
  452         328.09 Refusal to issue and authority to cancel a
  453  certificate of title or registration.—
  454         (4)The department may not issue a certificate of title to
  455  any applicant for any vessel that has been deemed derelict by a
  456  law enforcement officer under s. 823.11. A law enforcement
  457  officer must inform the department in writing, which may be
  458  provided by facsimile, electronic mail, or other electronic
  459  means, of the vessel’s derelict status and supply the department
  460  with the vessel title number or vessel identification number.
  461  The department may issue a certificate of title once a law
  462  enforcement officer has verified in writing, which may be
  463  provided by facsimile, electronic mail, or other electronic
  464  means, that the vessel is no longer a derelict vessel.
  465         Section 13. Subsection (2) of section 328.70, Florida
  466  Statutes, is amended to read:
  467         328.70 Legislative intent with respect to uniform
  468  registration fee, classification of vessels.—
  469         (2) Any vessel that which is required to be registered and
  470  meets the definition of a commercial fishing vessel or
  471  commercial vessel shall be classified and registered as a
  472  “commercial vessel.”
  473         Section 14. Subsection (13) of section 328.72, Florida
  474  Statutes, is amended to read:
  475         328.72 Classification; registration; fees and charges;
  476  surcharge; disposition of fees; fines; marine turtle stickers.—
  477         (13) EXPIRED REGISTRATION.—The operation, use, or storage
  478  on the waters of this state of a previously registered vessel is
  479  subject to the following penalties:
  480         (a)The owner or operator of a vessel with an expired
  481  registration of 6 months or less commits a noncriminal
  482  infraction, punishable as provided in s. 327.73(1)(g)1.
  483         (b)The owner or operator of a vessel with an expired
  484  registration of more than 6 months commits a noncriminal
  485  infraction, punishable as provided in s. 327.73(1)(g)2. or
  486  (1)(g)3. after the expiration of the registration period is a
  487  noncriminal violation, as defined in s. 327.73. This subsection
  488  does not apply to vessels lawfully stored at a dock or in a
  489  marina.
  490         Section 15. Subsection (2) of section 705.103, Florida
  491  Statutes, is amended to read:
  492         705.103 Procedure for abandoned or lost property.—
  493         (2) Whenever a law enforcement officer ascertains that an
  494  article of lost or abandoned property is present on public
  495  property and is of such nature that it cannot be easily removed,
  496  the officer shall cause a notice to be placed upon such article
  497  in substantially the following form:
  498  
  499  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  500  PROPERTY. This property, to wit: ...(setting forth brief
  501  description)... is unlawfully upon public property known as
  502  ...(setting forth brief description of location)... and must be
  503  removed within 5 days; otherwise, it will be removed and
  504  disposed of pursuant to chapter 705, Florida Statutes. The owner
  505  will be liable for the costs of removal, storage, and
  506  publication of notice. Dated this: ...(setting forth the date of
  507  posting of notice)..., signed: ...(setting forth name, title,
  508  address, and telephone number of law enforcement officer)....
  509  
  510  Such notice shall be not less than 8 inches by 10 inches and
  511  shall be sufficiently weatherproof to withstand normal exposure
  512  to the elements. In addition to posting, the law enforcement
  513  officer shall make a reasonable effort to ascertain the name and
  514  address of the owner. If such is reasonably available to the
  515  officer, she or he shall mail a copy of such notice to the owner
  516  on or before the date of posting. If the property is a motor
  517  vehicle as defined in s. 320.01(1) or a vessel as defined in s.
  518  327.02, the law enforcement agency shall contact the Department
  519  of Highway Safety and Motor Vehicles in order to determine the
  520  name and address of the owner and any person who has filed a
  521  lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
  522  or s. 328.15(1). On receipt of this information, the law
  523  enforcement agency shall mail a copy of the notice by certified
  524  mail, return receipt requested, to the owner and to the
  525  lienholder, if any, except that a law enforcement officer who
  526  has issued the owner of a derelict vessel a citation for a
  527  violation of s. 823.11 is not required to mail a copy of the
  528  notice by certified mail, return receipt requested, to the
  529  owner. If, at the end of 5 days after posting the notice and
  530  mailing such notice, if required, the owner or any person
  531  interested in the lost or abandoned article or articles
  532  described has not removed the article or articles from public
  533  property or shown reasonable cause for failure to do so, the
  534  following shall apply:
  535         (a) For abandoned property, the law enforcement agency may
  536  retain any or all of the property for its own use or for use by
  537  the state or unit of local government, trade such property to
  538  another unit of local government or state agency, donate the
  539  property to a charitable organization, sell the property, or
  540  notify the appropriate refuse removal service.
  541         (b) For lost property, the officer shall take custody and
  542  the agency shall retain custody of the property for 90 days. The
  543  agency shall publish notice of the intended disposition of the
  544  property, as provided in this section, during the first 45 days
  545  of this time period.
  546         1. If the agency elects to retain the property for use by
  547  the unit of government, donate the property to a charitable
  548  organization, surrender such property to the finder, sell the
  549  property, or trade the property to another unit of local
  550  government or state agency, notice of such election shall be
  551  given by an advertisement published once a week for 2
  552  consecutive weeks in a newspaper of general circulation in the
  553  county where the property was found if the value of the property
  554  is more than $100. If the value of the property is $100 or less,
  555  notice shall be given by posting a description of the property
  556  at the law enforcement agency where the property was turned in.
  557  The notice must be posted for not less than 2 consecutive weeks
  558  in a public place designated by the law enforcement agency. The
  559  notice must describe the property in a manner reasonably
  560  adequate to permit the rightful owner of the property to claim
  561  it.
  562         2. If the agency elects to sell the property, it must do so
  563  at public sale by competitive bidding. Notice of the time and
  564  place of the sale shall be given by an advertisement of the sale
  565  published once a week for 2 consecutive weeks in a newspaper of
  566  general circulation in the county where the sale is to be held.
  567  The notice shall include a statement that the sale shall be
  568  subject to any and all liens. The sale must be held at the
  569  nearest suitable place to that where the lost or abandoned
  570  property is held or stored. The advertisement must include a
  571  description of the goods and the time and place of the sale. The
  572  sale may take place no earlier than 10 days after the final
  573  publication. If there is no newspaper of general circulation in
  574  the county where the sale is to be held, the advertisement shall
  575  be posted at the door of the courthouse and at three other
  576  public places in the county at least 10 days prior to sale.
  577  Notice of the agency’s intended disposition shall describe the
  578  property in a manner reasonably adequate to permit the rightful
  579  owner of the property to identify it.
  580         Section 16. This act shall take effect July 1, 2017.
  581  
  582  ================= T I T L E  A M E N D M E N T ================
  583  And the title is amended as follows:
  584         Delete everything before the enacting clause
  585  and insert:
  586                        A bill to be entitled                      
  587         An act relating to vessels; amending s. 253.0347,
  588         F.S.; authorizing certain grandfathered private
  589         residential multifamily docks to exceed the number of
  590         moored boats for the number of residential units;
  591         amending s. 327.02, F.S.; providing and revising
  592         definitions; amending s. 327.391, F.S.; conforming a
  593         cross-reference; amending s. 327.4107, F.S.; providing
  594         a condition under which a vessel is at risk of
  595         becoming derelict; specifying the means by which an
  596         officer may provide notice to a vessel owner or
  597         operator; authorizing the Fish and Wildlife
  598         Conservation Commission to adopt rules; amending s.
  599         327.4108, F.S.; removing the expiration of provisions
  600         relating to the anchoring of vessels in anchoring
  601         limitation areas; creating s. 327.4109, F.S.;
  602         prohibiting the anchoring or mooring of vessels and
  603         floating structures in certain areas; providing
  604         exceptions and a penalty; amending s. 327.44, F.S.;
  605         prohibiting mooring that unreasonably or unnecessarily
  606         constitutes a navigational hazard or interference with
  607         another vessel; amending s. 327.46, F.S.; authorizing
  608         owners of certain private submerged land to request
  609         that the commission establish boating-restricted areas
  610         to protect certain seagrass; authorizing the
  611         commission to adopt rules; providing a definition;
  612         amending s. 327.60, F.S.; authorizing a local
  613         government to enact and enforce certain regulations
  614         that prohibit or restrict mooring or anchoring of
  615         certain vessels, that require sewage disposal by
  616         certain vessels and floating structures, and that
  617         authorize the removal of certain vessels; requiring
  618         local governments with requirements for sewage
  619         disposal to provide sewage pumpout services; requiring
  620         the commission to review and approve certain
  621         ordinances; providing applicability; authorizing the
  622         commission to adopt rules; amending s. 327.70, F.S.;
  623         providing for issuance of uniform boating citations
  624         for anchoring or mooring in prohibited areas; amending
  625         s. 327.73, F.S.; providing penalties for operating a
  626         vessel with an expired registration and anchoring or
  627         mooring in prohibited areas; amending s. 328.09, F.S.;
  628         prohibiting the issuance of certificates of title for
  629         derelict vessels unless certain documentation is
  630         provided; amending s. 328.70, F.S.; providing that a
  631         commercial fishing vessel must be classified and
  632         registered as a commercial vessel; amending s. 328.72,
  633         F.S.; revising the penalties for operation, use, or
  634         storage of vessels with an expired registration;
  635         amending s. 705.103, F.S.; exempting derelict vessels
  636         from certain abandoned or lost property notice
  637         requirements; providing an effective date.