Florida Senate - 2017 COMMITTEE AMENDMENT
Bill No. SB 1338
Ì594170ÊÎ594170
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/22/2017 .
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The Committee on Environmental Preservation and Conservation
(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 exceed the number of
21 moored boats for the number of units within the private
22 multifamily development as previously authorized under the
23 grandfather program.
24 Section 2. Present subsections (3) through (10) and present
25 subsections (11) through (44) of section 327.02, Florida
26 Statutes, are renumbered as subsections (4) through (11) and
27 subsections (13) through (46), respectively, new subsections (3)
28 and (12) are added to that section, and present subsection (19)
29 of that section is amended, to read:
30 327.02 Definitions.—As used in this chapter and in chapter
31 328, unless the context clearly requires a different meaning,
32 the term:
33 (3) “Barge” means a flat-bottomed vessel used for the
34 transport of goods on inland waterways which is propelled by its
35 own power or towed by another vessel.
36 (12) “Effective means of propulsion for safe navigation”
37 means when a vessel, other than a barge, is equipped with:
38 (a) A functioning motor, controls, and steering system; or
39 (b) Rigging and sails that are present and in good working
40 order, and a functioning steering system.
41 (21)(19) “Live-aboard vessel” means:
42 (a) A vessel used solely as a residence and not for
43 navigation;
44 (b) A vessel represented as a place of business or a
45 professional or other commercial enterprise; or
46 (c) A vessel for which a declaration of domicile has been
47 filed pursuant to s. 222.17; or
48 (c) A vessel used as a residence which does not have an
49 effective means of propulsion for safe navigation.
50
51 A commercial vessel and a barge are fishing boat is expressly
52 excluded from the term “live-aboard vessel.”
53 Section 3. Subsection (1) of section 327.391, Florida
54 Statutes, is amended to read:
55 327.391 Airboats regulated.—
56 (1) The exhaust of every internal combustion engine used on
57 any airboat operated on the waters of this state shall be
58 provided with an automotive-style factory muffler, underwater
59 exhaust, or other manufactured device capable of adequately
60 muffling the sound of the exhaust of the engine as described in
61 s. 327.02(29) s. 327.02(27). The use of cutouts or flex pipe as
62 the sole source of muffling is prohibited, except as provided in
63 subsection (4). Any person who violates this subsection commits
64 a noncriminal infraction punishable as provided in s. 327.73(1).
65 Section 4. Paragraph (e) is added to subsection (2) of
66 section 327.4107, Florida Statutes, to read:
67 327.4107 Vessels at risk of becoming derelict on waters of
68 this state.—
69 (2) An officer of the commission or of a law enforcement
70 agency specified in s. 327.70 may determine that a vessel is at
71 risk of becoming derelict if any of the following conditions
72 exist:
73 (e) The vessel does not have an effective means of
74 propulsion for safe navigation within 72 hours after the owner
75 or operator of the vessel receives written notice, which may
76 include electronic mail or by other electronic documentation, of
77 such from an officer, and the vessel owner or operator is unable
78 to provide a receipt, proof of purchase, or other documentation
79 of having ordered necessary parts for vessel repair. The
80 commission may adopt rules to implement this paragraph.
81 Section 5. Subsection (7) of section 327.4108, Florida
82 Statutes, is amended to read:
83 327.4108 Anchoring of vessels in anchoring limitation
84 areas.—
85 (7) This section shall remain in effect notwithstanding
86 expires upon the Legislature’s adoption of the commission’s
87 recommendations for the regulation of mooring vessels outside of
88 public mooring fields pursuant to s. 327.4105.
89 Section 6. Section 327.4109, Florida Statutes, is created
90 to read:
91 327.4109 Anchoring or mooring prohibited; exceptions;
92 penalties.—
93 (1)(a) A vessel or floating structure may not anchor or
94 moor such that the nearest approach of the anchored vessel is:
95 1. Within 150 feet of any marina, boat ramp, boatyard, or
96 other vessel launching or loading facility;
97 2. Within 300 feet of a superyacht repair facility. For
98 purposes of this subparagraph, a “superyacht repair facility”
99 means a facility that can provide service or repair to a yacht
100 with a load line of 79 feet or more in length; or
101 3. Within 100 feet of a public mooring field boundary or a
102 lesser distance if approved by the commission upon request by a
103 local government within which the mooring field is located. The
104 commission may adopt rules to implement this subparagraph.
105 (b) Paragraph (a) does not apply to:
106 1. A vessel owned or operated by a governmental entity.
107 2. A construction or dredging vessel on an active job site.
108 3. A vessel actively engaged in commercial fishing.
109 4. A vessel actively engaged in recreational fishing if the
110 persons onboard are actively tending hook and line fishing gear
111 or nets.
112 (2) Notwithstanding paragraph (1)(a), an owner or operator
113 of a vessel may anchor or moor within 150 feet of any marina,
114 boat ramp, boatyard, or other vessel launching or loading
115 facility or within 100 feet of public mooring field boundaries
116 if:
117 (a) The vessel suffers a mechanical failure that poses an
118 unreasonable risk of harm to the vessel or the persons on board
119 such vessel. The owner or operator of the vessel may anchor or
120 moor for 5 business days or until the vessel is repaired,
121 whichever occurs first; or
122 (b) Imminent or existing weather conditions in the vicinity
123 of the vessel pose an unreasonable risk of harm to the vessel or
124 the persons on board. The owner or operator of the vessel may
125 anchor or moor until weather conditions no longer pose such
126 risk. During a hurricane or tropical storm, weather conditions
127 are deemed to no longer pose an unreasonable risk of harm when
128 the hurricane or tropical storm warning affecting the area has
129 expired.
130 (3) The owner or operator of a vessel or floating structure
131 may not anchor, moor, tie, or otherwise affix or allow the
132 vessel or floating structure to remain anchored, moored, tied,
133 or otherwise affixed to an unpermitted, unauthorized, or
134 otherwise unlawful object that is on or affixed to the bottom of
135 the waters of this state. This subsection does not apply to a
136 private mooring owned by the owner of private submerged lands.
137 (4) A violation of this section is a noncriminal infraction
138 punishable as provided in s. 327.73(1)(bb).
139 Section 7. Subsection (1) of section 327.46, Florida
140 Statutes, is amended to read:
141 327.46 Boating-restricted areas.—
142 (1) Boating-restricted areas, including, but not limited
143 to, restrictions of vessel speeds and vessel traffic, may be
144 established on the waters of this state for any purpose
145 necessary to protect the safety of the public if such
146 restrictions are necessary based on boating accidents,
147 visibility, hazardous currents or water levels, vessel traffic
148 congestion, or other navigational hazards or to protect
149 seagrasses on privately owned submerged lands.
150 (a) The commission may establish boating-restricted areas
151 by rule pursuant to chapter 120.
152 (b) Municipalities and counties have the authority to
153 establish the following boating-restricted areas by ordinance:
154 1. An ordinance establishing an idle speed, no wake
155 boating-restricted area, if the area is:
156 a. Within 500 feet of any boat ramp, hoist, marine railway,
157 or other launching or landing facility available for use by the
158 general boating public on waterways more than 300 feet in width
159 or within 300 feet of any boat ramp, hoist, marine railway, or
160 other launching or landing facility available for use by the
161 general boating public on waterways not exceeding 300 feet in
162 width.
163 b. Within 500 feet of fuel pumps or dispensers at any
164 marine fueling facility that sells motor fuel to the general
165 boating public on waterways more than 300 feet in width or
166 within 300 feet of the fuel pumps or dispensers at any licensed
167 terminal facility that sells motor fuel to the general boating
168 public on waterways not exceeding 300 feet in width.
169 c. Inside or within 300 feet of any lock structure.
170 2. An ordinance establishing a slow speed, minimum wake
171 boating-restricted area if the area is:
172 a. Within 300 feet of any bridge fender system.
173 b. Within 300 feet of any bridge span presenting a vertical
174 clearance of less than 25 feet or a horizontal clearance of less
175 than 100 feet.
176 c. On a creek, stream, canal, or similar linear waterway if
177 the waterway is less than 75 feet in width from shoreline to
178 shoreline.
179 d. On a lake or pond of less than 10 acres in total surface
180 area.
181 3. An ordinance establishing a vessel-exclusion zone if the
182 area is:
183 a. Designated as a public bathing beach or swim area.
184 b. Within 300 feet of a dam, spillway, or flood control
185 structure.
186 (c) Municipalities and counties have the authority to
187 establish by ordinance the following other boating-restricted
188 areas:
189 1. An ordinance establishing an idle speed, no wake
190 boating-restricted area, if the area is within 300 feet of a
191 confluence of water bodies presenting a blind corner, a bend in
192 a narrow channel or fairway, or such other area if an
193 intervening obstruction to visibility may obscure other vessels
194 or other users of the waterway.
195 2. An ordinance establishing a slow speed, minimum wake, or
196 numerical speed limit boating-restricted area if the area is:
197 a. Within 300 feet of a confluence of water bodies
198 presenting a blind corner, a bend in a narrow channel or
199 fairway, or such other area if an intervening obstruction to
200 visibility may obscure other vessels or other users of the
201 waterway.
202 b. Subject to unsafe levels of vessel traffic congestion.
203 c. Subject to hazardous water levels or currents, or
204 containing other navigational hazards.
205 d. An area that accident reports, uniform boating
206 citations, vessel traffic studies, or other creditable data
207 demonstrate to present a significant risk of collision or a
208 significant threat to boating safety.
209 3. An ordinance establishing a vessel-exclusion zone if the
210 area is reserved exclusively:
211 a. As a canoe trail or otherwise limited to vessels under
212 oars or under sail.
213 b. For a particular activity and user group separation must
214 be imposed to protect the safety of those participating in such
215 activity.
216
217 Any of the ordinances adopted pursuant to this paragraph shall
218 not take effect until the commission has reviewed the ordinance
219 and determined by substantial competent evidence that the
220 ordinance is necessary to protect public safety pursuant to this
221 paragraph. Any application for approval of an ordinance shall be
222 reviewed and acted upon within 90 days after receipt of a
223 completed application. Within 30 days after a municipality or
224 county submits an application for approval to the commission,
225 the commission shall advise the municipality or county as to
226 what information, if any, is needed to deem the application
227 complete. An application shall be considered complete upon
228 receipt of all requested information and correction of any error
229 or omission for which the applicant was timely notified or when
230 the time for such notification has expired. The commission’s
231 action on the application shall be subject to review under
232 chapter 120. The commission shall initiate rulemaking no later
233 than January 1, 2010, to provide criteria and procedures for
234 reviewing applications and procedures for providing for public
235 notice and participation pursuant to this paragraph.
236 (d)1. Owners of private submerged lands that are adjacent
237 to Outstanding Florida Waters, as defined in s. 403.061(27), or
238 an aquatic preserve established under ss. 258.39-258.399, may
239 request that the commission establish boating-restricted areas
240 for the sole purpose of protecting any seagrass and contiguous
241 seagrass habitat within their private property boundaries from
242 seagrass scarring due to propeller dredging. Owners making a
243 request pursuant to this paragraph must demonstrate to the
244 commission clear ownership of the submerged lands.
245 2. The commission shall adopt rules to implement this
246 paragraph, including, but not limited to, establishing an
247 application process and criteria for meeting the requirements of
248 subparagraph 1.
249 3. Each approved boating-restricted area must be
250 established by commission rule.
251 4. For marking boating-restricted areas established
252 pursuant to this paragraph, private property owners must apply
253 to the commission for a uniform waterway marker permit in
254 accordance with ss. 327.40 and 327.41.
255 (e) As used in this section, the term “seagrass” has the
256 same meaning as in s. 253.04.
257 Section 8. Subsections (2) and subsection (3) of section
258 327.60, Florida Statutes, are amended, and subsections (4) and
259 (5) are added to that section, to read:
260 327.60 Local regulations; limitations.—
261 (2) Nothing in this chapter or chapter 328 shall be
262 construed to prevent the adoption of any ordinance or local
263 regulation relating to operation of vessels, except that a
264 county or municipality may shall not enact, continue in effect,
265 or enforce any ordinance or local regulation:
266 (a) Establishing a vessel or associated equipment
267 performance or other safety standard, imposing a requirement for
268 associated equipment, or regulating the carrying or use of
269 marine safety articles;
270 (b) Relating to the design, manufacture, or installation,
271 or use of any marine sanitation device on any vessel, except as
272 authorized in subsection (4);
273 (c) Regulating any vessel upon the Florida Intracoastal
274 Waterway;
275 (d) Discriminating against personal watercraft;
276 (e) Discriminating against airboats, for ordinances adopted
277 after July 1, 2006, unless adopted by a two-thirds vote of the
278 governing body enacting such ordinance;
279 (f) Regulating the anchoring of vessels other than live
280 aboard vessels outside the marked boundaries of mooring fields
281 permitted as provided in s. 327.40, except for:
282 1. Live-aboard vessels; and
283 2. Vessels represented as a place of business or a
284 professional or other commercial enterprise. This does not
285 include commercial vessels or barges;
286 (g) Regulating engine or exhaust noise, except as provided
287 in s. 327.65; or
288 (h) That conflicts with any provisions of this chapter or
289 any amendments thereto or rules adopted thereunder.
290 (3) Nothing in this section shall be construed to prohibit
291 local governmental authorities from the enactment or enforcement
292 of regulations that which prohibit or restrict the mooring or
293 anchoring of floating structures, or live-aboard vessels, or
294 vessels represented as a place of business or a professional or
295 other commercial enterprise, other than commercial vessels or
296 barges, within their jurisdictions or of any vessels within the
297 marked boundaries of mooring fields permitted as provided in s.
298 327.40. However, local governmental authorities are prohibited
299 from regulating the anchoring outside of such mooring fields of
300 commercial vessels or barges and any vessels other than live
301 aboard vessels as defined in s. 327.02.
302 (4)(a) A local government may enact and enforce regulations
303 requiring owners or operators of vessels or floating structures
304 subject to the marine sanitation requirements of s. 327.53, when
305 anchored or moored for more than 10 consecutive days within the
306 following areas, to provide proof of proper sewage disposal by
307 means of an approved sewage pumpout service, approved sewage
308 pumpout facility, or approved waste reception facility:
309 1. Marked boundaries of a permitted mooring field under the
310 jurisdiction of the local government; or
311 2. Designated no-discharge zones pursuant to 40 C.F.R. s.
312 1700.10, and those provided in Volume 53, No. 13 of the Federal
313 Register, page 1678 (1988); Volume 64, No. 164 of the Federal
314 Register, pages 46390-46391 (1999); and Volume 67, No. 98 of the
315 Federal Register, pages 35735-35743 (2002).
316 (b) Before a local government may adopt an ordinance to
317 enact and enforce such regulations, the local government must
318 provide adequate sewage pumpout services. Any ordinance adopted
319 pursuant to this subsection may not take effect until the
320 commission has reviewed and approved the ordinance as being
321 consistent with the requirements of this subsection.
322 (c) The commission may adopt rules to implement this
323 subsection.
324 (d) This subsection does not prohibit a local government
325 from enacting or enforcing sewage pumpout requirements for live
326 aboard vessels within any areas of its jurisdiction.
327 (5) A local government may enact and enforce regulations
328 that allow the local government to remove a vessel affixed to a
329 public dock within its jurisdiction which is abandoned or lost
330 property pursuant to s. 705.103(1).
331 Section 9. Subsection (3) of section 327.70, Florida
332 Statutes, is amended to read:
333 327.70 Enforcement of this chapter and chapter 328.—
334 (3)(a) Noncriminal violations of the following statutes may
335 be enforced by a uniform boating citation mailed to the
336 registered owner of an unattended vessel anchored, aground, or
337 moored on the waters of this state:
338 1. Section 327.33(3)(b), relating to navigation rules.
339 2. Section 327.44, relating to interference with
340 navigation.
341 3. Section 327.50(2), relating to required lights and
342 shapes.
343 4. Section 327.53, relating to marine sanitation.
344 5. Section 328.48(5), relating to display of decal.
345 6. Section 328.52(2), relating to display of number.
346 7. Section 327.4107, relating to vessels at risk of
347 becoming derelict.
348 8. Section 327.4109, relating to prohibited anchoring or
349 mooring.
350 (b) Citations issued to livery vessels under this
351 subsection shall be the responsibility of the lessee of the
352 vessel if the livery has included a warning of this
353 responsibility as a part of the rental agreement and has
354 provided to the agency issuing the citation the name, address,
355 and date of birth of the lessee when requested by that agency.
356 The livery is not responsible for the payment of citations if
357 the livery provides the required warning and lessee information.
358 (c) A noncriminal violation of s. 327.4108 may be enforced
359 by a uniform boating citation issued to the operator of a vessel
360 unlawfully anchored in an anchoring limitation area.
361 (d) A noncriminal violation of s. 327.4109 may be enforced
362 by a uniform boating citation issued to an owner or operator of
363 a vessel or floating structure unlawfully anchored, moored,
364 tied, or otherwise affixed in a prohibited area.
365 Section 10. Paragraph (g) of subsection (1) of section
366 327.73, Florida Statutes, is amended, and paragraph (bb) is
367 added to that section, to read:
368 327.73 Noncriminal infractions.—
369 (1) Violations of the following provisions of the vessel
370 laws of this state are noncriminal infractions:
371 (g) Section 328.72(13), relating to operation with an
372 expired registration, for which the penalty is:
373 1. For a first or subsequent offense of 328.72(13)(a), up
374 to a maximum of $50.
375 2. For a first offense of 328.72(13)(b), up to a maximum of
376 $250.
377 3. For a second or subsequent offense of 328.72(13)(b), up
378 to a maximum of $500, and the violator may not have the
379 provisions of paragraph (4)(a) available to him or her but must
380 appear before the designated official at the time and location
381 of the scheduled hearing.
382 (bb) Section 327.4109, relating to prohibited anchoring or
383 mooring, for which the penalty is:
384 1. For a first offense, up to a maximum of $50.
385 2. For a second offense, up to a maximum of $100.
386 3. For a third or subsequent offense, up to a maximum of
387 $250.
388
389 Any person cited for a violation of any provision of this
390 subsection shall be deemed to be charged with a noncriminal
391 infraction, shall be cited for such an infraction, and shall be
392 cited to appear before the county court. The civil penalty for
393 any such infraction is $50, except as otherwise provided in this
394 section. Any person who fails to appear or otherwise properly
395 respond to a uniform boating citation shall, in addition to the
396 charge relating to the violation of the boating laws of this
397 state, be charged with the offense of failing to respond to such
398 citation and, upon conviction, be guilty of a misdemeanor of the
399 second degree, punishable as provided in s. 775.082 or s.
400 775.083. A written warning to this effect shall be provided at
401 the time such uniform boating citation is issued.
402 Section 11. Subsection (4) is added to section 328.09,
403 Florida Statutes, to read:
404 328.09 Refusal to issue and authority to cancel a
405 certificate of title or registration.—
406 (4) The department may not issue a certificate of title to
407 any applicant for any vessel that has been deemed derelict by a
408 law enforcement officer under s. 823.11. A law enforcement
409 officer must inform the department in writing, which may include
410 facsimile, electronic mail, or other electronic documentation,
411 of the vessel’s derelict status and must supply the vessel title
412 number or vessel identification number. The department may issue
413 a certificate of title once a law enforcement officer has
414 verified in writing, which may include facsimile, electronic
415 mail, or other electronic documentation, that the vessel is no
416 longer a derelict vessel.
417 Section 12. Subsection (13) of section 328.72, Florida
418 Statutes, is amended to read:
419 328.72 Classification; registration; fees and charges;
420 surcharge; disposition of fees; fines; marine turtle stickers.—
421 (13) EXPIRED REGISTRATION.—The operation, use, or storage
422 on the waters of this state of a previously registered vessel is
423 subject to the following penalties:
424 (a) The owner or operator of a vessel with an expired
425 registration of 6 months or less commits a noncriminal
426 infraction, punishable as provided in s. 327.73(1)(g)1.
427 (b) The owner or operator of a vessel with an expired
428 registration of more than 6 months commits a noncriminal
429 infraction, punishable as provided in s. 327.73(1)(g)2. and 3
430 after the expiration of the registration period is a noncriminal
431 violation, as defined in s. 327.73. This subsection does not
432 apply to vessels lawfully stored at a dock or in a marina.
433 Section 13. Subsection (2) of section 705.103, Florida
434 Statutes, is amended to read:
435 705.103 Procedure for abandoned or lost property.—
436 (2) Whenever a law enforcement officer ascertains that an
437 article of lost or abandoned property is present on public
438 property and is of such nature that it cannot be easily removed,
439 the officer shall cause a notice to be placed upon such article
440 in substantially the following form:
441
442 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
443 PROPERTY. This property, to wit: ...(setting forth brief
444 description)... is unlawfully upon public property known as
445 ...(setting forth brief description of location)... and must be
446 removed within 5 days; otherwise, it will be removed and
447 disposed of pursuant to chapter 705, Florida Statutes. The owner
448 will be liable for the costs of removal, storage, and
449 publication of notice. Dated this: ...(setting forth the date of
450 posting of notice)..., signed: ...(setting forth name, title,
451 address, and telephone number of law enforcement officer)....
452
453 Such notice shall be not less than 8 inches by 10 inches and
454 shall be sufficiently weatherproof to withstand normal exposure
455 to the elements. In addition to posting, the law enforcement
456 officer shall make a reasonable effort to ascertain the name and
457 address of the owner. If such is reasonably available to the
458 officer, she or he shall mail a copy of such notice to the owner
459 on or before the date of posting. If the property is a motor
460 vehicle as defined in s. 320.01(1) or a vessel as defined in s.
461 327.02, the law enforcement agency shall contact the Department
462 of Highway Safety and Motor Vehicles in order to determine the
463 name and address of the owner and any person who has filed a
464 lien on the vehicle or vessel as provided in s. 319.27(2) or (3)
465 or s. 328.15(1). On receipt of this information, the law
466 enforcement agency shall mail a copy of the notice by certified
467 mail, return receipt requested, to the owner and to the
468 lienholder, if any, except that when a law enforcement officer
469 has given the owner of a derelict vessel notice of a violation
470 of s. 823.11 and issued a citation for the violation, the
471 officer is not required to send notice by certified mail to the
472 owner. If, at the end of 5 days after posting the notice and
473 mailing such notice, if required, the owner or any person
474 interested in the lost or abandoned article or articles
475 described has not removed the article or articles from public
476 property or shown reasonable cause for failure to do so, the
477 following shall apply:
478 (a) For abandoned property, the law enforcement agency may
479 retain any or all of the property for its own use or for use by
480 the state or unit of local government, trade such property to
481 another unit of local government or state agency, donate the
482 property to a charitable organization, sell the property, or
483 notify the appropriate refuse removal service.
484 (b) For lost property, the officer shall take custody and
485 the agency shall retain custody of the property for 90 days. The
486 agency shall publish notice of the intended disposition of the
487 property, as provided in this section, during the first 45 days
488 of this time period.
489 1. If the agency elects to retain the property for use by
490 the unit of government, donate the property to a charitable
491 organization, surrender such property to the finder, sell the
492 property, or trade the property to another unit of local
493 government or state agency, notice of such election shall be
494 given by an advertisement published once a week for 2
495 consecutive weeks in a newspaper of general circulation in the
496 county where the property was found if the value of the property
497 is more than $100. If the value of the property is $100 or less,
498 notice shall be given by posting a description of the property
499 at the law enforcement agency where the property was turned in.
500 The notice must be posted for not less than 2 consecutive weeks
501 in a public place designated by the law enforcement agency. The
502 notice must describe the property in a manner reasonably
503 adequate to permit the rightful owner of the property to claim
504 it.
505 2. If the agency elects to sell the property, it must do so
506 at public sale by competitive bidding. Notice of the time and
507 place of the sale shall be given by an advertisement of the sale
508 published once a week for 2 consecutive weeks in a newspaper of
509 general circulation in the county where the sale is to be held.
510 The notice shall include a statement that the sale shall be
511 subject to any and all liens. The sale must be held at the
512 nearest suitable place to that where the lost or abandoned
513 property is held or stored. The advertisement must include a
514 description of the goods and the time and place of the sale. The
515 sale may take place no earlier than 10 days after the final
516 publication. If there is no newspaper of general circulation in
517 the county where the sale is to be held, the advertisement shall
518 be posted at the door of the courthouse and at three other
519 public places in the county at least 10 days prior to sale.
520 Notice of the agency’s intended disposition shall describe the
521 property in a manner reasonably adequate to permit the rightful
522 owner of the property to identify it.
523 Section 14. This act shall take effect July 1, 2017.
524
525 ================= T I T L E A M E N D M E N T ================
526 And the title is amended as follows:
527 Delete everything before the enacting clause
528 and insert:
529 A bill to be entitled
530 An act relating to vessels; amending s. 253.0347,
531 F.S.; providing an exemption from sovereignty
532 submerged lease fees for grandfathered private
533 residential multifamily docks; amending s. 327.02,
534 F.S.; defining terms; revising the definition of the
535 term “live-aboard vessel”; amending s. 327.391, F.S.;
536 conforming a cross-reference; amending s. 327.4107,
537 F.S.; providing that vessels without an effective
538 means of propulsion are at risk of becoming derelict
539 under certain conditions; authorizing the Fish and
540 Wildlife Conservation Commission to adopt rules;
541 amending s. 327.4108, F.S.; removing the expiration of
542 provisions relating to anchoring of vessels in
543 anchoring limitation areas; creating s. 327.4109,
544 F.S.; prohibiting anchoring or mooring of vessels and
545 floating structures in certain areas; providing
546 exceptions and penalties; authorizing the commission
547 to adopt rules; amending s. 327.46, F.S.; providing
548 for boating-restricted areas to protect seagrasses on
549 privately owned submerged lands upon application by
550 the owner and commission approval; authorizing the
551 commission to adopt rules; defining the term
552 “seagrass”; amending s. 327.60, F.S.; authorizing a
553 local government to enact and enforce certain
554 regulations for sewage disposal by certain vessels and
555 floating structures; requiring local governments with
556 requirements for sewage disposal to provide adequate
557 sewage pumpout services; requiring the commission to
558 review such requirements and make certain
559 determinations; authorizing the commission to adopt
560 rules; providing applicability; authorizing local
561 governments to remove certain abandoned or lost
562 vessels; amending s. 327.70, F.S.; providing for
563 issuance of uniform boating citations for anchoring or
564 mooring where prohibited; amending s. 327.73, F.S.;
565 providing penalties for anchoring or mooring where
566 prohibited; amending s. 328.09, F.S.; prohibiting the
567 issuance of certificate of title for derelict vessels;
568 amending s. 328.72, F.S.; revising the penalties for
569 operation, use, or storage of a vessel with an expired
570 registration; amending s. 705.103, F.S.; providing an
571 exception for certified mail for a derelict vessel;
572 providing an effective date.