Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. CS for SB 1086
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LEGISLATIVE ACTION
Senate . House
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Appropriations Subcommittee on Agriculture, Environment, and
General Government (Hutson) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Effective October 1, 2021, paragraphs (a) and
6 (c) of subsection (1) of section 316.1932, Florida Statutes, are
7 amended to read:
8 316.1932 Tests for alcohol, chemical substances, or
9 controlled substances; implied consent; refusal.—
10 (1)(a)1.a. A Any person who accepts the privilege extended
11 by the laws of this state of operating a motor vehicle within
12 this state is, by so operating such vehicle, deemed to have
13 given his or her consent to submit to an approved chemical test
14 or physical test including, but not limited to, an infrared
15 light test of his or her breath for the purpose of determining
16 the alcoholic content of his or her blood or breath if the
17 person is lawfully arrested for any offense allegedly committed
18 while the person was driving or was in actual physical control
19 of a motor vehicle while under the influence of alcoholic
20 beverages. The chemical or physical breath test must be
21 incidental to a lawful arrest and administered at the request of
22 a law enforcement officer who has reasonable cause to believe
23 such person was driving or was in actual physical control of the
24 motor vehicle within this state while under the influence of
25 alcoholic beverages. The administration of a breath test does
26 not preclude the administration of another type of test. The
27 person shall be told that his or her failure to submit to any
28 lawful test of his or her breath will result in the suspension
29 of the person’s privilege to operate a motor vehicle for a
30 period of 1 year for a first refusal, or for a period of 18
31 months if the driving privilege of such person has been
32 previously suspended or if he or she has previously been fined
33 under s. 327.35215 as a result of a refusal to submit to such a
34 test or tests required under this chapter or chapter 327, and
35 shall also be told that if he or she refuses to submit to a
36 lawful test of his or her breath and his or her driving
37 privilege has been previously suspended or if he or she has
38 previously been fined under s. 327.35215 for a prior refusal to
39 submit to a lawful test of his or her breath, urine, or blood as
40 required under this chapter or chapter 327, he or she commits a
41 misdemeanor of the first degree, punishable as provided in s.
42 775.082 or s. 775.083, in addition to any other penalties
43 provided by law. The refusal to submit to a chemical or physical
44 breath test upon the request of a law enforcement officer as
45 provided in this section is admissible into evidence in any
46 criminal proceeding.
47 b. A Any person who accepts the privilege extended by the
48 laws of this state of operating a motor vehicle within this
49 state is, by so operating such vehicle, deemed to have given his
50 or her consent to submit to a urine test for the purpose of
51 detecting the presence of chemical substances as set forth in s.
52 877.111 or controlled substances if the person is lawfully
53 arrested for any offense allegedly committed while the person
54 was driving or was in actual physical control of a motor vehicle
55 while under the influence of chemical substances or controlled
56 substances. The urine test must be incidental to a lawful arrest
57 and administered at a detention facility or any other facility,
58 mobile or otherwise, which is equipped to administer such tests
59 at the request of a law enforcement officer who has reasonable
60 cause to believe such person was driving or was in actual
61 physical control of a motor vehicle within this state while
62 under the influence of chemical substances or controlled
63 substances. The urine test shall be administered at a detention
64 facility or any other facility, mobile or otherwise, which is
65 equipped to administer such test in a reasonable manner that
66 will ensure the accuracy of the specimen and maintain the
67 privacy of the individual involved. The administration of a
68 urine test does not preclude the administration of another type
69 of test. The person shall be told that his or her failure to
70 submit to any lawful test of his or her urine will result in the
71 suspension of the person’s privilege to operate a motor vehicle
72 for a period of 1 year for the first refusal, or for a period of
73 18 months if the driving privilege of such person has been
74 previously suspended or if he or she has previously been fined
75 under s. 327.35215 as a result of a refusal to submit to such a
76 test or tests required under this chapter or chapter 327, and
77 shall also be told that if he or she refuses to submit to a
78 lawful test of his or her urine and his or her driving privilege
79 has been previously suspended or if he or she has previously
80 been fined under s. 327.35215 for a prior refusal to submit to a
81 lawful test of his or her breath, urine, or blood as required
82 under this chapter or chapter 327, he or she commits a
83 misdemeanor of the first degree, punishable as provided in s.
84 775.082 or s. 775.083, in addition to any other penalties
85 provided by law. The refusal to submit to a urine test upon the
86 request of a law enforcement officer as provided in this section
87 is admissible into evidence in any criminal proceeding.
88 2. The Alcohol Testing Program within the Department of Law
89 Enforcement is responsible for the regulation of the operation,
90 inspection, and registration of breath test instruments utilized
91 under the driving and boating under the influence provisions and
92 related provisions located in this chapter and chapters 322 and
93 327. The program is responsible for the regulation of the
94 individuals who operate, inspect, and instruct on the breath
95 test instruments utilized in the driving and boating under the
96 influence provisions and related provisions located in this
97 chapter and chapters 322 and 327. The program is further
98 responsible for the regulation of blood analysts who conduct
99 blood testing to be utilized under the driving and boating under
100 the influence provisions and related provisions located in this
101 chapter and chapters 322 and 327. The program shall:
102 a. Establish uniform criteria for the issuance of permits
103 to breath test operators, agency inspectors, instructors, blood
104 analysts, and instruments.
105 b. Have the authority to permit breath test operators,
106 agency inspectors, instructors, blood analysts, and instruments.
107 c. Have the authority to discipline and suspend, revoke, or
108 renew the permits of breath test operators, agency inspectors,
109 instructors, blood analysts, and instruments.
110 d. Establish uniform requirements for instruction and
111 curricula for the operation and inspection of approved
112 instruments.
113 e. Have the authority to specify one approved curriculum
114 for the operation and inspection of approved instruments.
115 f. Establish a procedure for the approval of breath test
116 operator and agency inspector classes.
117 g. Have the authority to approve or disapprove breath test
118 instruments and accompanying paraphernalia for use pursuant to
119 the driving and boating under the influence provisions and
120 related provisions located in this chapter and chapters 322 and
121 327.
122 h. With the approval of the executive director of the
123 Department of Law Enforcement, make and enter into contracts and
124 agreements with other agencies, organizations, associations,
125 corporations, individuals, or federal agencies as are necessary,
126 expedient, or incidental to the performance of duties.
127 i. Issue final orders which include findings of fact and
128 conclusions of law and which constitute final agency action for
129 the purpose of chapter 120.
130 j. Enforce compliance with the provisions of this section
131 through civil or administrative proceedings.
132 k. Make recommendations concerning any matter within the
133 purview of this section, this chapter, chapter 322, or chapter
134 327.
135 l. Promulgate rules for the administration and
136 implementation of this section, including definitions of terms.
137 m. Consult and cooperate with other entities for the
138 purpose of implementing the mandates of this section.
139 n. Have the authority to approve the type of blood test
140 utilized under the driving and boating under the influence
141 provisions and related provisions located in this chapter and
142 chapters 322 and 327.
143 o. Have the authority to specify techniques and methods for
144 breath alcohol testing and blood testing utilized under the
145 driving and boating under the influence provisions and related
146 provisions located in this chapter and chapters 322 and 327.
147 p. Have the authority to approve repair facilities for the
148 approved breath test instruments, including the authority to set
149 criteria for approval.
150
151 Nothing in this section shall be construed to supersede
152 provisions in this chapter and chapters 322 and 327. The
153 specifications in this section are derived from the power and
154 authority previously and currently possessed by the Department
155 of Law Enforcement and are enumerated to conform with the
156 mandates of chapter 99-379, Laws of Florida.
157 (c) A Any person who accepts the privilege extended by the
158 laws of this state of operating a motor vehicle within this
159 state is, by operating such vehicle, deemed to have given his or
160 her consent to submit to an approved blood test for the purpose
161 of determining the alcoholic content of the blood or a blood
162 test for the purpose of determining the presence of chemical
163 substances or controlled substances as provided in this section
164 if there is reasonable cause to believe the person was driving
165 or in actual physical control of a motor vehicle while under the
166 influence of alcoholic beverages or chemical or controlled
167 substances and the person appears for treatment at a hospital,
168 clinic, or other medical facility and the administration of a
169 breath or urine test is impractical or impossible. As used in
170 this paragraph, the term “other medical facility” includes an
171 ambulance or other medical emergency vehicle. The blood test
172 shall be performed in a reasonable manner. A Any person who is
173 incapable of refusal by reason of unconsciousness or other
174 mental or physical condition is deemed not to have withdrawn his
175 or her consent to such test. A blood test may be administered
176 whether or not the person is told that his or her failure to
177 submit to such a blood test will result in the suspension of the
178 person’s privilege to operate a motor vehicle upon the public
179 highways of this state and that a refusal to submit to a lawful
180 test of his or her blood, if his or her driving privilege has
181 been previously suspended for refusal to submit to a lawful test
182 of his or her breath, urine, or blood, is a misdemeanor. A Any
183 person who is capable of refusal shall be told that his or her
184 failure to submit to such a blood test will result in the
185 suspension of the person’s privilege to operate a motor vehicle
186 for a period of 1 year for a first refusal, or for a period of
187 18 months if the driving privilege of the person has been
188 suspended previously or if he or she has previously been fined
189 under s. 327.35215 as a result of a refusal to submit to such a
190 test or tests required under this chapter or chapter 327, and
191 that a refusal to submit to a lawful test of his or her blood,
192 if his or her driving privilege has been previously suspended
193 for a prior refusal to submit to a lawful test of his or her
194 breath, urine, or blood, is a misdemeanor. The refusal to submit
195 to a blood test upon the request of a law enforcement officer is
196 admissible in evidence in any criminal proceeding.
197 Section 2. Effective October 1, 2021, subsection (1) of
198 section 316.1939, Florida Statutes, is amended to read:
199 316.1939 Refusal to submit to testing; penalties.—
200 (1) A Any person who has refused to submit to a chemical or
201 physical test of his or her breath, blood, or urine, as
202 described in s. 316.1932, and whose driving privilege was
203 previously suspended or who was previously fined under s.
204 327.35215 for a prior refusal to submit to a lawful test of his
205 or her breath, urine, or blood required under this chapter or
206 chapter 327, and:
207 (a) Who the arresting law enforcement officer had probable
208 cause to believe was driving or in actual physical control of a
209 motor vehicle in this state while under the influence of
210 alcoholic beverages, chemical substances, or controlled
211 substances;
212 (b) Who was placed under lawful arrest for a violation of
213 s. 316.193 unless such test was requested pursuant to s.
214 316.1932(1)(c);
215 (c) Who was informed that, if he or she refused to submit
216 to such test, his or her privilege to operate a motor vehicle
217 would be suspended for a period of 1 year or, in the case of a
218 second or subsequent refusal, for a period of 18 months;
219 (d) Who was informed that a refusal to submit to a lawful
220 test of his or her breath or, urine, or blood, if his or her
221 driving privilege has been previously suspended or if he or she
222 has previously been fined under s. 327.35215 for a prior refusal
223 to submit to a lawful test of his or her breath, urine, or blood
224 as required under this chapter or chapter 327, is a misdemeanor
225 of the first degree, punishable as provided in s. 775.082 or s.
226 775.083, in addition to any other penalties provided by law; and
227 (e) Who, after having been so informed, refused to submit
228 to any such test when requested to do so by a law enforcement
229 officer or correctional officer commits a misdemeanor of the
230 first degree and is subject to punishment as provided in s.
231 775.082 or s. 775.083.
232 Section 3. Present subsections (18) through (47) of section
233 327.02, Florida Statutes, are redesignated as subsections (19)
234 through (48), respectively, a new subsection (18) is added to
235 that section, and present subsection (31) of that section is
236 amended, to read:
237 327.02 Definitions.—As used in this chapter and in chapter
238 328, unless the context clearly requires a different meaning,
239 the term:
240 (18) “Human-powered vessel” means a vessel powered only by
241 its occupant or occupants, including, but not limited to, a
242 vessel powered only by the occupants’ hands or feet, oars, or
243 paddles.
244 (32)(31) “Navigation rules” means, for vessels on:
245 (a) Waters outside established navigational lines of
246 demarcation as specified in 33 C.F.R. part 80, the International
247 Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended,
248 including the appendix and annexes thereto, through December 31,
249 2020 October 1, 2012.
250 (b) All waters not outside of such established lines of
251 demarcation, the Inland Navigational Rules Act of 1980, 33
252 C.F.R. parts 83-90, as amended, through December 31, 2020
253 October 1, 2012.
254 Section 4. Section 327.04, Florida Statutes, is amended to
255 read:
256 327.04 Rules.—The commission may has authority to adopt
257 rules pursuant to ss. 120.536(1) and 120.54 to implement the
258 provisions of this chapter, the provisions of chapter 705
259 relating to vessels, and ss. 376.15 and 823.11 conferring powers
260 or duties upon it.
261 Section 5. Section 327.462, Florida Statutes, is created to
262 read:
263 327.462 Temporary protection zones for spaceflight launches
264 and recovery of spaceflight assets.—
265 (1) As used in this section, the term:
266 (a) “Launch services” means the conduct of a launch and
267 activities involved in the preparation of a launch vehicle,
268 payload, government astronaut, commercial astronaut, or
269 spaceflight participant for such launch.
270 (b) “Reentry services” means the conduct of a reentry and
271 activities involved in the preparation of a reentry vehicle,
272 payload, government astronaut, commercial astronaut, or
273 spaceflight participant for such reentry.
274 (c) “Spaceflight assets” means any item, or any part of an
275 item, owned by a spaceflight entity which is used in launch
276 services or reentry services, including crewed and uncrewed
277 spacecraft, launch vehicles, parachutes and other landing aids,
278 and any spacecraft or ancillary equipment that was attached to
279 the launch vehicle during launch, orbit, or reentry.
280 (d) “Spaceflight entity” has the same meaning as provided
281 in s. 331.501.
282 (2) The head of a law enforcement agency or entity
283 identified in s. 327.70(1), or his or her designee, may, upon
284 waters of this state within the law enforcement agency’s or
285 entity’s jurisdiction, when necessary for preparations in
286 advance of a launch service or reentry service or for the
287 recovery of spaceflight assets before or after a launch service
288 or reentry service, temporarily establish a protection zone
289 requiring vessels to leave, or prohibiting vessels from
290 entering, water bodies within:
291 (a) Five hundred yards of where launch services, reentry
292 services, or spaceflight asset recovery operations are being
293 conducted; or
294 (b) A distance greater than provided in paragraph (a) if
295 the head of such law enforcement agency or entity, or his or her
296 designee, determines such greater distance is in the best
297 interest of public safety.
298 (3) A protection zone established under subsection (2) may
299 remain in effect only as long as necessary to ensure security
300 around the launch and recovery areas and to recover spaceflight
301 assets and any personnel being transported within a spacecraft
302 following the launch or reentry activity. Such protection zone
303 may not be in place more than 72 hours before or 72 hours after
304 the launch. The head of a law enforcement agency or entity
305 identified in s. 327.70, or his or her designee:
306 (a) May also restrict vessels from operating within up to
307 500 yards of any vessel transporting recovered spaceflight
308 assets following a spaceflight launch or reentry while such
309 vessel is continuously underway transporting such assets to a
310 location for removal from the waters of this state; and
311 (b) May not restrict vessel movement within the Florida
312 Intracoastal Waterway, except as necessary during the transport
313 of spaceflight assets to or from port or during exigent
314 circumstances.
315 (4) The head of a law enforcement agency or entity
316 establishing a protection zone under this section, or his or her
317 designee, must report the establishment of such protection zone
318 via e-mail to the commission’s Division of Law Enforcement,
319 Boating and Waterways Section, and to the appropriate United
320 States Coast Guard Sector Command having responsibility over the
321 water body, at least 72 hours before establishment of the
322 protection zone. Such report must include the reasons for the
323 protection zone, the portion of the water body or water bodies
324 which will be included in the protection zone, and the duration
325 of the protection zone. No later than 72 hours after the end of
326 the protection zone period, the head of the law enforcement
327 agency or entity, or his or her designee, must report via e-mail
328 to the commission’s Division of Law Enforcement, Boating and
329 Waterways Section, the details of all citations issued for
330 violating the protection zone.
331 (5) This section applies only to launch services, reentry
332 services, or the recovery of spaceflight assets occurring or
333 originating within spaceport territory, as defined in s.
334 331.304, and to federally licensed or federally authorized
335 launches and reentries occurring or transiting to an end
336 destination upon waters of this state.
337 (6) A person who violates this section or any directive
338 given by a law enforcement officer relating to the establishment
339 of a protection zone under this section after being advised of
340 the establishment of the protection zone commits a misdemeanor
341 of the second degree, punishable as provided in s. 775.082 or s.
342 775.083.
343 Section 6. Effective October 1, 2021, paragraphs (a) and
344 (c) of subsection (1) of section 327.352, Florida Statutes, are
345 amended to read:
346 327.352 Tests for alcohol, chemical substances, or
347 controlled substances; implied consent; refusal.—
348 (1)(a)1. The Legislature declares that the operation of a
349 vessel is a privilege that must be exercised in a reasonable
350 manner. In order to protect the public health and safety, it is
351 essential that a lawful and effective means of reducing the
352 incidence of boating while impaired or intoxicated be
353 established. Therefore, a any person who accepts the privilege
354 extended by the laws of this state of operating a vessel within
355 this state is, by so operating such vessel, deemed to have given
356 his or her consent to submit to an approved chemical test or
357 physical test including, but not limited to, an infrared light
358 test of his or her breath for the purpose of determining the
359 alcoholic content of his or her blood or breath if the person is
360 lawfully arrested for any offense allegedly committed while the
361 person was operating a vessel while under the influence of
362 alcoholic beverages. The chemical or physical breath test must
363 be incidental to a lawful arrest and administered at the request
364 of a law enforcement officer who has reasonable cause to believe
365 such person was operating the vessel within this state while
366 under the influence of alcoholic beverages. The administration
367 of a breath test does not preclude the administration of another
368 type of test. The person shall be told that his or her failure
369 to submit to any lawful test of his or her breath under this
370 chapter will result in a civil penalty of $500, and shall also
371 be told that if he or she refuses to submit to a lawful test of
372 his or her breath and he or she has been previously fined under
373 s. 327.35215 or has previously had his or her driver license
374 suspended under s. 322.2615 for refusal to submit to any lawful
375 test of his or her breath, urine, or blood, he or she commits a
376 misdemeanor of the first degree, punishable as provided in s.
377 775.082 or s. 775.083, in addition to any other penalties
378 provided by law. The refusal to submit to a chemical or physical
379 breath test upon the request of a law enforcement officer as
380 provided in this section is admissible into evidence in any
381 criminal proceeding.
382 2. A Any person who accepts the privilege extended by the
383 laws of this state of operating a vessel within this state is,
384 by so operating such vessel, deemed to have given his or her
385 consent to submit to a urine test for the purpose of detecting
386 the presence of chemical substances as set forth in s. 877.111
387 or controlled substances if the person is lawfully arrested for
388 any offense allegedly committed while the person was operating a
389 vessel while under the influence of chemical substances or
390 controlled substances. The urine test must be incidental to a
391 lawful arrest and administered at a detention facility or any
392 other facility, mobile or otherwise, which is equipped to
393 administer such tests at the request of a law enforcement
394 officer who has reasonable cause to believe such person was
395 operating a vessel within this state while under the influence
396 of chemical substances or controlled substances. The urine test
397 shall be administered at a detention facility or any other
398 facility, mobile or otherwise, which is equipped to administer
399 such test in a reasonable manner that will ensure the accuracy
400 of the specimen and maintain the privacy of the individual
401 involved. The administration of a urine test does not preclude
402 the administration of another type of test. The person shall be
403 told that his or her failure to submit to any lawful test of his
404 or her urine under this chapter will result in a civil penalty
405 of $500, and shall also be told that if he or she refuses to
406 submit to a lawful test of his or her urine and he or she has
407 been previously fined under s. 327.35215 or has previously had
408 his or her driver license suspended under s. 322.2615 for
409 refusal to submit to any lawful test of his or her breath,
410 urine, or blood, he or she commits a misdemeanor of the first
411 degree, punishable as provided in s. 775.082 or s. 775.083, in
412 addition to any other penalties provided by law. The refusal to
413 submit to a urine test upon the request of a law enforcement
414 officer as provided in this section is admissible into evidence
415 in any criminal proceeding.
416 (c) A Any person who accepts the privilege extended by the
417 laws of this state of operating a vessel within this state is,
418 by operating such vessel, deemed to have given his or her
419 consent to submit to an approved blood test for the purpose of
420 determining the alcoholic content of the blood or a blood test
421 for the purpose of determining the presence of chemical
422 substances or controlled substances as provided in this section
423 if there is reasonable cause to believe the person was operating
424 a vessel while under the influence of alcoholic beverages or
425 chemical or controlled substances and the person appears for
426 treatment at a hospital, clinic, or other medical facility and
427 the administration of a breath or urine test is impractical or
428 impossible. As used in this paragraph, the term “other medical
429 facility” includes an ambulance or other medical emergency
430 vehicle. The blood test shall be performed in a reasonable
431 manner. A Any person who is incapable of refusal by reason of
432 unconsciousness or other mental or physical condition is deemed
433 not to have withdrawn his or her consent to such test. A Any
434 person who is capable of refusal shall be told that his or her
435 failure to submit to such a blood test will result in a civil
436 penalty of $500 and that a refusal to submit to a lawful test of
437 his or her blood, if he or she has previously been fined for
438 refusal to submit to any lawful test of his or her breath,
439 urine, or blood, is a misdemeanor. The refusal to submit to a
440 blood test upon the request of a law enforcement officer shall
441 be admissible in evidence in any criminal proceeding.
442 Section 7. Effective October 1, 2021, section 327.359,
443 Florida Statutes, is amended to read:
444 327.359 Refusal to submit to testing; penalties.—A Any
445 person who has refused to submit to a chemical or physical test
446 of his or her breath, blood, or urine, as described in s.
447 327.352, and who has been previously fined under s. 327.35215 or
448 has previously had his or her driver license suspended under s.
449 322.2615 for refusal to submit to a lawful test of his or her
450 breath, urine, or blood, and:
451 (1) Who the arresting law enforcement officer had probable
452 cause to believe was operating or in actual physical control of
453 a vessel in this state while under the influence of alcoholic
454 beverages, chemical substances, or controlled substances;
455 (2) Who was placed under lawful arrest for a violation of
456 s. 327.35 unless such test was requested pursuant to s.
457 327.352(1)(c);
458 (3) Who was informed that if he or she refused to submit to
459 such test, he or she is subject to a fine of $500;
460 (4) Who was informed that a refusal to submit to a lawful
461 test of his or her breath or, urine, or blood, if he or she has
462 been previously fined under s. 327.35215 or has previously had
463 his or her driver license suspended under s. 322.2615 for
464 refusal to submit to a lawful test of his or her breath, urine,
465 or blood, is a misdemeanor of the first degree, punishable as
466 provided in s. 775.082 or s. 775.083; and
467 (5) Who, after having been so informed, refused to submit
468 to any such test when requested to do so by a law enforcement
469 officer or correctional officer commits a misdemeanor of the
470 first degree, punishable and is subject to punishment as
471 provided in s. 775.082 or s. 775.083.
472 Section 8. Section 327.371, Florida Statutes, is created to
473 read:
474 327.371 Human-powered vessels regulated.—
475 (1) A person may operate a human-powered vessel within the
476 boundaries of the marked channel of the Florida Intracoastal
477 Waterway as defined in s. 327.02:
478 (a) When the marked channel is the only navigable portion
479 of the waterway available due to vessel congestion or
480 obstructions on the water. The operator of the human-powered
481 vessel shall proceed with diligence to a location where he or
482 she may safely operate the vessel outside the marked channel of
483 the Florida Intracoastal Waterway.
484 (b) When crossing the marked channel, provided that the
485 crossing is done in the most direct, continuous, and expeditious
486 manner possible and does not interfere with other vessel traffic
487 in the channel.
488 (c) During an emergency endangering life or limb.
489 (2) A person may not operate a human-powered vessel in the
490 marked channel of the Florida Intracoastal Waterway except as
491 provided in subsection (1).
492 (3) A person who violates this section commits a
493 noncriminal infraction, punishable as provided in s. 327.73.
494 Section 9. Subsection (1) and paragraphs (a) and (b) of
495 subsection (5) of section 327.391, Florida Statutes, are amended
496 to read:
497 327.391 Airboats regulated.—
498 (1) The exhaust of every internal combustion engine used on
499 any airboat operated on the waters of this state shall be
500 provided with an automotive-style factory muffler, underwater
501 exhaust, or other manufactured device capable of adequately
502 muffling the sound of the exhaust of the engine as described in
503 s. 327.02(31) s. 327.02(30). The use of cutouts or flex pipe as
504 the sole source of muffling is prohibited, except as provided in
505 subsection (4). A Any person who violates this subsection
506 commits a noncriminal infraction, punishable as provided in s.
507 327.73(1).
508 (5)(a) Beginning July 1, 2019, A person may not operate an
509 airboat to carry one or more passengers for hire on waters of
510 this the state unless he or she has all of the following onboard
511 the airboat:
512 1. A photographic identification card.
513 2. Proof of completion of a boater education course that
514 complies with s. 327.395(2)(a) s. 327.395(1)(a). Except as
515 provided in paragraph (b), no operator is exempt from this
516 requirement, regardless of age or the exemptions provided under
517 s. 327.395.
518 3. Proof of successful completion of a commission-approved
519 airboat operator course that meets the minimum standards
520 established by commission rule.
521 4. Proof of successful course completion in cardiopulmonary
522 resuscitation and first aid.
523 (b) A person issued a captain’s license by the United
524 States Coast Guard is not required to complete a boating safety
525 education course that complies with s. 327.395(2)(a) s.
526 327.395(1)(a). Proof of the captain’s license must be onboard
527 the airboat when carrying one or more passengers for hire on
528 waters of this the state.
529 Section 10. Section 327.395, Florida Statutes, is amended
530 to read:
531 327.395 Boating safety education.—
532 (1) A person born on or after January 1, 1988, may not
533 operate a vessel powered by a motor of 10 horsepower or greater
534 unless such person has in his or her possession aboard the
535 vessel the documents required by subsection (2).
536 (2) While operating a vessel, a person identified under
537 subsection (1) must have in his or her possession aboard the
538 vessel photographic identification and a Florida boating safety
539 identification card issued by the commission;, a state-issued
540 identification card or driver license indicating possession of
541 the Florida boating safety identification card;, or photographic
542 identification and a temporary certificate issued or approved by
543 the commission, an International Certificate of Competency, a
544 boating safety card or certificate from another state or United
545 States territory, or a Canadian Pleasure Craft Operator Card,
546 which shows that he or she has:
547 (a) Completed a commission-approved boating safety
548 education course that meets the minimum requirements established
549 by the National Association of State Boating Law Administrators;
550 or
551 (b) Passed a temporary certificate examination developed or
552 approved by the commission;
553 (c) A valid International Certificate of Competency; or
554 (d) Completed a boating safety education course or
555 equivalency examination in another state, a United States
556 territory, or Canada which meets or exceeds the minimum
557 requirements established by the National Association of State
558 Boating Law Administrators.
559 (3)(a)(2)(a) A person may obtain a Florida boating safety
560 identification card by successfully completing a boating safety
561 education course that meets the requirements of this section and
562 rules adopted by the commission pursuant to this section.
563 (b) A person may obtain a temporary certificate by passing
564 a temporary certificate examination that meets the requirements
565 of this section and rules adopted by the commission pursuant to
566 this section.
567 (4)(3) A Any commission-approved boating safety education
568 course or temporary certificate examination developed or
569 approved by the commission must include a component regarding
570 diving vessels, awareness of divers in the water, divers-down
571 warning devices, and the requirements of s. 327.331.
572 (4) The commission may appoint liveries, marinas, or other
573 persons as its agents to administer the course or temporary
574 certificate examination and issue identification cards or
575 temporary certificates in digital, electronic, or paper format
576 under guidelines established by the commission. An agent must
577 charge the $2 examination fee, which must be forwarded to the
578 commission with proof of passage of the examination and may
579 charge and keep a $1 service fee.
580 (5) A Florida boating safety identification card issued to
581 a person who has completed a boating safety education course is
582 valid for life. A temporary certificate issued to a person who
583 has passed a temporary certification examination is valid for 90
584 days after the date of issuance. The commission may issue either
585 the boating safety identification card or the temporary
586 certificate in a digital, electronic, or paper format.
587 (6) A person is exempt from subsection (1) if he or she:
588 (a)1. Is licensed by the United States Coast Guard to serve
589 as master of a vessel; or
590 2. Has been previously licensed by the United States Coast
591 Guard to serve as master of a vessel, provides proof of such
592 licensure to the commission, and requests that a boating safety
593 identification card be issued in his or her name.
594 (b) Operates a vessel only on a private lake or pond.
595 (c) Is accompanied in the vessel by a person who is exempt
596 from this section or who holds a boating safety identification
597 card in compliance with this section, who is 18 years of age or
598 older, and who is attendant to the operation of the vessel and
599 responsible for the safe operation of the vessel and for any
600 violation that occurs during the operation of the vessel.
601 (d) Is a nonresident who has in his or her possession
602 photographic identification and proof that he or she has
603 completed a boating safety education course or equivalency
604 examination in another state or a United States territory which
605 meets or exceeds the minimum requirements established by the
606 National Association of State Boating Law Administrators.
607 (e) Is operating a vessel within 90 days after the purchase
608 of that vessel and has available for inspection aboard that
609 vessel a bill of sale meeting the requirements of s. 328.46(1).
610 (f) Is operating a vessel within 90 days after completing a
611 boating safety education course in accordance with paragraph
612 (2)(a) the requirements of paragraph (1)(a) and has a
613 photographic identification card and a boating safety education
614 certificate available for inspection as proof of having
615 completed a boating safety education course. The boating safety
616 education certificate must provide, at a minimum, the student’s
617 first and last name, the student’s date of birth, and the date
618 that he or she passed the course examination.
619 (g) Is exempted by rule of the commission.
620 (7) A person who operates a vessel in violation of this
621 section subsection (1) commits a noncriminal infraction,
622 punishable as provided in s. 327.73.
623 (8) The commission shall institute and coordinate a
624 statewide program of boating safety instruction and
625 certification to ensure that boating safety courses and
626 examinations are available in each county of this the state. The
627 commission may appoint agents to administer the boating safety
628 education course or temporary certificate examination and may
629 authorize the agents to issue temporary certificates in digital,
630 electronic, or paper format. An agent The agents shall charge
631 and collect the $2 fee required in subsection (9) for each
632 temporary certificate requested of the commission by that agent,
633 which must be forwarded to the commission. The agent may charge
634 and keep a $1 service fee.
635 (9) The commission may is authorized to establish and to
636 collect a $2 fee for each card and temporary certificate issued
637 pursuant to this section.
638 (10) The commission shall design forms and adopt rules
639 pursuant to chapter 120 to implement the provisions of this
640 section.
641 (11) This section may be cited as the “Osmany ‘Ozzie’
642 Castellanos Boating Safety Education Act.”
643 Section 11. Present subsection (5) of section 327.4107,
644 Florida Statutes, is redesignated as subsection (6), a new
645 subsection (5) and subsection (7) are added to that section, and
646 paragraphs (d) and (e) of subsection (2) of that section are
647 amended, to read:
648 327.4107 Vessels at risk of becoming derelict on waters of
649 this state.—
650 (2) An officer of the commission or of a law enforcement
651 agency specified in s. 327.70 may determine that a vessel is at
652 risk of becoming derelict if any of the following conditions
653 exist:
654 (d) The vessel is left or stored aground unattended in such
655 a state that would prevent the vessel from getting underway, is
656 listing due to water intrusion, or is sunk or partially sunk.
657 (e) The vessel does not have an effective means of
658 propulsion for safe navigation within 72 hours after the vessel
659 owner or operator receives telephonic notice, in-person notice
660 recorded on an agency-approved body camera, or written notice,
661 which may be provided by facsimile, electronic mail, or other
662 electronic means, stating such from an officer, and the vessel
663 owner or operator is unable to provide a receipt, proof of
664 purchase, or other documentation of having ordered necessary
665 parts for vessel repair. The commission may adopt rules to
666 implement this paragraph.
667 (5) The commission, an officer of the commission, or a law
668 enforcement agency or officer specified in s. 327.70 may
669 relocate or cause to be relocated an at-risk vessel found to be
670 in violation of this section to a distance greater than 20 feet
671 from a mangrove or upland vegetation. The commission, an officer
672 of the commission, or a law enforcement agency or officer acting
673 pursuant to this subsection upon waters of this state shall be
674 held harmless for all damages to the at-risk vessel resulting
675 from such relocation unless the damage results from gross
676 negligence or willful misconduct as these terms are defined in
677 s. 823.11.
678 (7) The commission may establish a derelict vessel
679 prevention program to address vessels at risk of becoming
680 derelict. Such program may, but is not required to, include:
681 (a) Removal, relocation, and destruction of vessels
682 declared a public nuisance, derelict or at risk of becoming
683 derelict, or lost or abandoned in accordance with s. 327.53(7),
684 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
685 (b) Creation of a vessel turn-in program allowing the owner
686 of a vessel determined by law enforcement to be at risk of
687 becoming derelict in accordance with this section to turn his or
688 her vessel and vessel title over to the commission to be
689 destroyed without penalty.
690 (c) Providing for removal and destruction of an abandoned
691 vessel for which an owner cannot be identified or the owner of
692 which is deceased and no heir is interested in acquiring the
693 vessel.
694 (d) Purchase of anchor line, anchors, and other equipment
695 necessary for securing vessels at risk of becoming derelict.
696 (e) Creating or acquiring moorings designated for securing
697 vessels at risk of becoming derelict.
698
699 The commission may adopt rules to implement this subsection.
700 Implementation of the derelict vessel prevention program shall
701 be subject to appropriation by the Legislature and shall be
702 funded by the Marine Resources Conservation Trust Fund or the
703 Florida Coastal Protection Trust Fund.
704 Section 12. Section 327.4108, Florida Statutes, is amended
705 to read:
706 327.4108 Anchoring of vessels in anchoring limitation
707 areas.—
708 (1) The following densely populated urban areas, which have
709 narrow state waterways, residential docking facilities, and
710 significant recreational boating traffic, are designated as
711 anchoring limitation areas, within which a person may not anchor
712 a vessel at any time during the period between one-half hour
713 after sunset and one-half hour before sunrise, except as
714 provided in subsections (3) and (4):
715 (a) The section of Middle River lying between Northeast
716 21st Court and the Intracoastal Waterway in Broward County.
717 (b) Sunset Lake in Miami-Dade County.
718 (c) The sections of Biscayne Bay in Miami-Dade County lying
719 between:
720 1. Rivo Alto Island and Di Lido Island.
721 2. San Marino Island and San Marco Island.
722 3. San Marco Island and Biscayne Island.
723 (2)(a) Monroe County is designated as an anchoring
724 limitation area within which a vessel may only be anchored in
725 the same location for a maximum of 90 days. The commission shall
726 adopt rules to implement this subsection.
727 (b) This subsection does not apply to an approved and
728 permitted mooring field or to privately owned submerged land.
729 (c) Notwithstanding the commission rules adopted pursuant
730 to this section, the designation made by this section is not
731 effective until Monroe County establishes 200 approved and
732 permitted moorings.
733 (2) To promote the public’s use and enjoyment of the
734 designated waterway, except as provided in subsections (3) and
735 (4), a person may not anchor a vessel at any time during the
736 period between one-half hour after sunset and one-half hour
737 before sunrise in an anchoring limitation area.
738 (3) Notwithstanding subsections (1) and subsection (2), a
739 person may anchor a vessel in an anchoring limitation area
740 during a time that would otherwise be unlawful:
741 (a) If the vessel suffers a mechanical failure that poses
742 an unreasonable risk of harm to the vessel or the persons
743 onboard unless the vessel anchors. The vessel may anchor for 3
744 business days or until the vessel is repaired, whichever occurs
745 first.
746 (b) If imminent or existing weather conditions in the
747 vicinity of the vessel pose an unreasonable risk of harm to the
748 vessel or the persons onboard unless the vessel anchors. The
749 vessel may anchor until weather conditions no longer pose such
750 risk. During a hurricane or tropical storm, weather conditions
751 are deemed to no longer pose an unreasonable risk of harm when
752 the hurricane or tropical storm warning affecting the area has
753 expired.
754 (c) During events described in s. 327.48 or other special
755 events, including, but not limited to, public music
756 performances, local government waterfront activities, or
757 fireworks displays. A vessel may anchor for the lesser of the
758 duration of the special event or 3 days.
759 (4) This section does not apply to:
760 (a) Vessels owned or operated by a governmental entity for
761 law enforcement, firefighting, military, or rescue purposes.
762 (b) Construction or dredging vessels on an active job site.
763 (c) Vessels actively engaged in commercial fishing.
764 (d) Vessels engaged in recreational fishing if the persons
765 onboard are actively tending hook and line fishing gear or nets.
766 (5)(a) As used in this subsection, the term “law
767 enforcement officer or agency” means an officer or agency
768 authorized to enforce this section pursuant to s. 327.70.
769 (b) A law enforcement officer or agency may remove a vessel
770 from an anchoring limitation area and impound the vessel for up
771 to 48 hours, or cause such removal and impoundment, if the
772 vessel operator, after being issued a citation for a violation
773 of this section:
774 1. Anchors the vessel in violation of this section within
775 12 hours after being issued the citation; or
776 2. Refuses to leave the anchoring limitation area after
777 being directed to do so by a law enforcement officer or agency.
778 (c) A law enforcement officer or agency acting under this
779 subsection to remove or impound a vessel, or to cause such
780 removal or impoundment, shall be held harmless for any damage to
781 the vessel resulting from such removal or impoundment unless the
782 damage results from gross negligence or willful misconduct.
783 (d) A contractor performing removal or impoundment services
784 at the direction of a law enforcement officer or agency pursuant
785 to this subsection must:
786 1. Be licensed in accordance with United States Coast Guard
787 regulations, as applicable.
788 2. Obtain and carry a current policy issued by a licensed
789 insurance carrier in this state to insure against any accident,
790 loss, injury, property damage, or other casualty caused by or
791 resulting from the contractor’s actions.
792 3. Be properly equipped to perform such services.
793 (e) In addition to the civil penalty imposed under s.
794 327.73(1)(z), the operator of a vessel that is removed and
795 impounded pursuant to paragraph (b) must pay all removal and
796 storage fees before the vessel is released. A vessel removed
797 pursuant to paragraph (b) may not be impounded for longer than
798 48 hours.
799 (6) A violation of this section is punishable as provided
800 in s. 327.73(1)(z).
801 (7) This section shall remain in effect notwithstanding the
802 Legislature’s adoption of the commission’s recommendations for
803 the regulation of mooring vessels outside of public mooring
804 fields pursuant to s. 327.4105.
805 Section 13. Paragraph (a) of subsection (1) and subsection
806 (2) of section 327.4109, Florida Statutes, are amended to read:
807 327.4109 Anchoring or mooring prohibited; exceptions;
808 penalties.—
809 (1)(a) The owner or operator of a vessel or floating
810 structure may not anchor or moor such that the nearest approach
811 of the anchored or moored vessel or floating structure is:
812 1. Within 150 feet of any public or private marina, boat
813 ramp, boatyard, or other public vessel launching or loading
814 facility;
815 2. Within 500 300 feet of a superyacht repair facility. For
816 purposes of this subparagraph, the term “superyacht repair
817 facility” means a facility that services or repairs a yacht with
818 a water line of 120 feet or more in length; or
819 3. Within 100 feet outward from the marked boundary of a
820 public mooring field or a lesser distance if approved by the
821 commission upon request of a local government within which the
822 mooring field is located. The commission may adopt rules to
823 implement this subparagraph.
824 (2) Notwithstanding subsection (1), an owner or operator of
825 a vessel may anchor or moor within 150 feet of any public or
826 private marina, boat ramp, boatyard, or other public vessel
827 launching or loading facility; within 500 300 feet of a
828 superyacht repair facility; or within 100 feet outward from the
829 marked boundary of a public mooring field if:
830 (a) The vessel suffers a mechanical failure that poses an
831 unreasonable risk of harm to the vessel or the persons onboard
832 such vessel. The owner or operator of the vessel may anchor or
833 moor for 5 business days or until the vessel is repaired,
834 whichever occurs first.
835 (b) Imminent or existing weather conditions in the vicinity
836 of the vessel pose an unreasonable risk of harm to the vessel or
837 the persons onboard such vessel. The owner or operator of the
838 vessel may anchor or moor until weather conditions no longer
839 pose such risk. During a hurricane or tropical storm, weather
840 conditions are deemed to no longer pose an unreasonable risk of
841 harm when the hurricane or tropical storm warning affecting the
842 area has expired.
843 Section 14. Subsection (2) of section 327.45, Florida
844 Statutes, is amended to read:
845 327.45 Protection zones for springs.—
846 (2) The commission may establish by rule protection zones
847 that restrict the speed and operation of vessels, or that
848 prohibit the anchoring, mooring, beaching, or grounding of
849 vessels, to protect and prevent harm to first, second, and third
850 magnitude springs and springs groups, including their associated
851 spring runs, as determined by the commission using the most
852 recent Florida Geological Survey springs bulletin. This harm
853 includes negative impacts to water quality, water quantity,
854 hydrology, wetlands, and aquatic and wetland-dependent species.
855 Section 15. Paragraph (b) of subsection (1) of section
856 327.46, Florida Statutes, is amended to read:
857 327.46 Boating-restricted areas.—
858 (1) Boating-restricted areas, including, but not limited
859 to, restrictions of vessel speeds and vessel traffic, may be
860 established on the waters of this state for any purpose
861 necessary to protect the safety of the public if such
862 restrictions are necessary based on boating accidents,
863 visibility, hazardous currents or water levels, vessel traffic
864 congestion, or other navigational hazards or to protect
865 seagrasses on privately owned submerged lands.
866 (b) Municipalities and counties may have the authority to
867 establish the following boating-restricted areas by ordinance,
868 including, notwithstanding the prohibition in s. 327.60(2)(c),
869 within the portion of the Florida Intracoastal Waterway within
870 their jurisdiction:
871 1. An ordinance establishing an idle speed, no wake
872 boating-restricted area, if the area is:
873 a. Within 500 feet of any boat ramp, hoist, marine railway,
874 or other launching or landing facility available for use by the
875 general boating public on waterways more than 300 feet in width
876 or within 300 feet of any boat ramp, hoist, marine railway, or
877 other launching or landing facility available for use by the
878 general boating public on waterways not exceeding 300 feet in
879 width.
880 b. Within 500 feet of fuel pumps or dispensers at any
881 marine fueling facility that sells motor fuel to the general
882 boating public on waterways more than 300 feet in width or
883 within 300 feet of the fuel pumps or dispensers at any licensed
884 terminal facility that sells motor fuel to the general boating
885 public on waterways not exceeding 300 feet in width.
886 c. Inside or within 300 feet of any lock structure.
887 2. An ordinance establishing a slow speed, minimum wake
888 boating-restricted area if the area is:
889 a. Within 300 feet of any bridge fender system.
890 b. Within 300 feet of any bridge span presenting a vertical
891 clearance of less than 25 feet or a horizontal clearance of less
892 than 100 feet.
893 c. On a creek, stream, canal, or similar linear waterway if
894 the waterway is less than 75 feet in width from shoreline to
895 shoreline.
896 d. On a lake or pond of less than 10 acres in total surface
897 area.
898 e. Within the boundaries of a permitted public mooring
899 field and a buffer around the mooring field of up to 100 feet.
900 3. An ordinance establishing a vessel-exclusion zone if the
901 area is:
902 a. Designated as a public bathing beach or swim area,
903 except that such areas may not be established within the Florida
904 Intracoastal Waterway.
905 b. Within 300 feet of a dam, spillway, or flood control
906 structure.
907 Section 16. Section 327.463, Florida Statutes, is created
908 to read:
909 327.463 Special hazards.—
910 (1) For purposes of this section, a vessel:
911 (a) Is operating at slow speed, minimum wake only if it is:
912 1. Fully off plane and completely settled into the water;
913 and
914 2. Proceeding without wake or with minimum wake.
915
916 A vessel that is required to operate at slow speed, minimum wake
917 may not proceed at a speed greater than a speed that is
918 reasonable and prudent to avoid the creation of an excessive
919 wake or other hazardous condition under the existing
920 circumstances.
921 (b) Is not proceeding at slow speed, minimum wake if it is:
922 1. Operating on plane;
923 2. In the process of coming off plane and settling into the
924 water or getting on plane; or
925 3. Operating at a speed that creates a wake that
926 unreasonably or unnecessarily endangers other vessels.
927 (2) A person may not operate a vessel faster than slow
928 speed, minimum wake within 300 feet of any emergency vessel,
929 including, but not limited to, a law enforcement vessel, United
930 States Coast Guard vessel, or firefighting vessel, when such
931 emergency vessel’s emergency lights are activated.
932 (3)(a) A person may not operate a vessel faster than slow
933 speed, minimum wake within 300 feet of any construction vessel
934 or barge when the vessel or barge is displaying an orange flag
935 from a pole extending:
936 1. At least 10 feet above the tallest portion of the vessel
937 or barge, indicating that the vessel or barge is actively
938 engaged in construction operations; or
939 2. At least 5 feet above any superstructure permanently
940 installed upon the vessel or barge, indicating that the vessel
941 or barge is actively engaged in construction operations.
942 (b) A flag displayed on a construction vessel or barge
943 pursuant to this subsection must:
944 1. Be at least 2 feet by 3 feet in size.
945 2. Have a wire or other stiffener or be otherwise
946 constructed to ensure that the flag remains fully unfurled and
947 extended in the absence of a wind or breeze.
948 3. Be displayed so that the visibility of the flag is not
949 obscured in any direction.
950 (c) In periods of low visibility, including any time
951 between 30 minutes after sunset and 30 minutes before sunrise, a
952 person may not be cited for a violation of this subsection
953 unless the orange flag is illuminated and visible from a
954 distance of at least 2 nautical miles. Such illumination does
955 not relieve the construction vessel or barge from complying with
956 all navigation rules.
957 (4)(a) A person operating a vessel in violation of this
958 section commits a noncriminal infraction, punishable as provided
959 in s. 327.73.
960 (b) The owner of, or party who is responsible for, a
961 construction vessel or barge who displays an orange flag on the
962 vessel or barge when it is not actively engaged in construction
963 operations commits a noncriminal infraction, punishable as
964 provided in s. 327.73.
965 (5) The speed and penalty provisions of this section do not
966 apply to a law enforcement, firefighting, or rescue vessel that
967 is owned or operated by a governmental entity.
968 Section 17. Paragraph (a) of subsection (1) of section
969 327.50, Florida Statutes, is amended to read:
970 327.50 Vessel safety regulations; equipment and lighting
971 requirements.—
972 (1)(a) The owner and operator of every vessel on the waters
973 of this state shall carry, store, maintain, and use safety
974 equipment in accordance with current United States Coast Guard
975 safety equipment requirements as specified in the Code of
976 Federal Regulations, unless expressly exempted by the commission
977 department.
978 Section 18. Paragraph (a) of subsection (6) and subsection
979 (7) of section 327.53, Florida Statutes, are amended, and
980 subsection (8) is added to that section, to read:
981 327.53 Marine sanitation.—
982 (6)(a) A violation of this section is a noncriminal
983 infraction, punishable as provided in s. 327.73. Each violation
984 shall be a separate offense. The owner and operator of any
985 vessel shall be jointly and severally liable for the civil
986 penalty imposed pursuant to this section.
987 (7) A Any vessel or floating structure operated or occupied
988 on the waters of this the state in violation of this section is
989 declared a nuisance and a hazard to public safety and health.
990 The owner or operator of a any vessel or floating structure
991 cited for violating this section shall, within 30 days following
992 the issuance of the citation, correct the violation for which
993 the citation was issued or remove the vessel or floating
994 structure from the waters of this the state. If the violation is
995 not corrected within the 30 days and the vessel or floating
996 structure remains on the waters of this the state in violation
997 of this section, law enforcement officers charged with the
998 enforcement of this chapter under s. 327.70 shall apply to the
999 appropriate court in the county in which the vessel or floating
1000 structure is located, to order or otherwise cause the removal of
1001 such vessel or floating structure from the waters of this the
1002 state at the owner’s expense. If the owner cannot be found or
1003 otherwise fails to pay the removal costs, the provisions of s.
1004 328.17 shall apply. If the proceeds under s. 328.17 are not
1005 sufficient to pay all removal costs, funds appropriated from the
1006 Marine Resources Conservation Trust Fund pursuant to paragraph
1007 (6)(b) or s. 328.72(15)(c) s. 328.72(16) may be used.
1008 (8) The owner or operator of a live-aboard vessel as
1009 defined in s. 327.02(23), or a houseboat as defined in s.
1010 327.02(17), that is equipped with a marine sanitation device
1011 must maintain a record of the date of each pumpout of the marine
1012 sanitation device and the location of the pumpout station or
1013 waste reception facility. Each record must be maintained for 1
1014 year after the date of the pumpout.
1015 Section 19. Subsection (2) of section 327.54, Florida
1016 Statutes, is amended to read:
1017 327.54 Liveries; safety regulations; penalty.—
1018 (2) A livery may not knowingly lease, hire, or rent a any
1019 vessel powered by a motor of 10 horsepower or greater to a any
1020 person who is required to comply with s. 327.395, unless such
1021 person presents to the livery photographic identification and a
1022 valid boater safety identification card issued by the
1023 commission, a state-issued identification card or driver license
1024 indicating possession of the boating safety identification card,
1025 or photographic identification and a valid temporary certificate
1026 issued or approved by the commission as required under s.
1027 327.395(2) s. 327.395(1), or meets the exemption provided under
1028 s. 327.395(6)(f).
1029 Section 20. Subsection (5) of section 327.60, Florida
1030 Statutes, is amended to read:
1031 327.60 Local regulations; limitations.—
1032 (5) A local government may enact and enforce regulations to
1033 implement the procedures for abandoned or lost property that
1034 allow the local law enforcement agency to remove a vessel
1035 affixed to a public dock or mooring within its jurisdiction that
1036 is abandoned or lost property pursuant to s. 705.103(1). Such
1037 regulation must require the local law enforcement agency to post
1038 a written notice at least 24 hours before removing the vessel.
1039 Section 21. Paragraphs (q), (s), and (aa) of subsection (1)
1040 of section 327.73, Florida Statutes, are amended, and paragraphs
1041 (cc) and (dd) are added to that subsection, to read:
1042 327.73 Noncriminal infractions.—
1043 (1) Violations of the following provisions of the vessel
1044 laws of this state are noncriminal infractions:
1045 (q) Section 327.53(1), (2), and (3), and (8), relating to
1046 marine sanitation.
1047 (s) Section 327.395, relating to boater safety education.
1048 However, a person cited for violating the requirements of s.
1049 327.395 relating to failure to have required proof of boating
1050 safety education in his or her possession may not be convicted
1051 if, before or at the time of a county court hearing, the person
1052 produces proof of the boating safety education identification
1053 card or temporary certificate for verification by the hearing
1054 officer or the court clerk and the identification card or
1055 temporary certificate was valid at the time the person was
1056 cited.
1057 (aa) Section 327.4107, relating to vessels at risk of
1058 becoming derelict on waters of this state, for which the civil
1059 penalty is:
1060 1. For a first offense, $100 $50.
1061 2. For a second offense occurring 30 days or more after a
1062 first offense, $250 $100.
1063 3. For a third or subsequent offense occurring 30 days or
1064 more after a previous offense, $500 $250.
1065
1066 A vessel that is the subject of three or more violations issued
1067 pursuant to the same paragraph of s. 327.4107(2) within an 18
1068 month period which result in dispositions other than acquittal
1069 or dismissal shall be declared to be a public nuisance and
1070 subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
1071 an officer of the commission, or a law enforcement agency or
1072 officer specified in s. 327.70 may relocate, remove, or cause to
1073 be relocated or removed such public nuisance vessels from waters
1074 of this state. The commission, an officer of the commission, or
1075 a law enforcement agency or officer acting pursuant to this
1076 paragraph upon waters of this state shall be held harmless for
1077 all damages to the vessel resulting from such relocation or
1078 removal unless the damage results from gross negligence or
1079 willful misconduct as these terms are defined in s. 823.11.
1080 (cc) Section 327.463(4)(a) and (b), relating to vessels
1081 creating special hazards, for which the penalty is:
1082 1. For a first offense, $50.
1083 2. For a second offense occurring within 12 months after a
1084 prior offense, $100.
1085 3. For a third offense occurring within 36 months after a
1086 prior offense, $250.
1087 (dd) Section 327.371, relating to the regulation of human
1088 powered vessels.
1089
1090 Any person cited for a violation of any provision of this
1091 subsection shall be deemed to be charged with a noncriminal
1092 infraction, shall be cited for such an infraction, and shall be
1093 cited to appear before the county court. The civil penalty for
1094 any such infraction is $50, except as otherwise provided in this
1095 section. Any person who fails to appear or otherwise properly
1096 respond to a uniform boating citation shall, in addition to the
1097 charge relating to the violation of the boating laws of this
1098 state, be charged with the offense of failing to respond to such
1099 citation and, upon conviction, be guilty of a misdemeanor of the
1100 second degree, punishable as provided in s. 775.082 or s.
1101 775.083. A written warning to this effect shall be provided at
1102 the time such uniform boating citation is issued.
1103 Section 22. Subsection (4) of section 328.09, Florida
1104 Statutes, is amended to read:
1105 328.09 Refusal to issue and authority to cancel a
1106 certificate of title or registration.—
1107 (4) The department may not issue a certificate of title to
1108 an any applicant for a any vessel that has been deemed derelict
1109 by a law enforcement officer under s. 376.15 or s. 823.11. A law
1110 enforcement officer must inform the department in writing, which
1111 may be provided by facsimile, electronic mail, or other
1112 electronic means, of the vessel’s derelict status and supply the
1113 department with the vessel title number or vessel identification
1114 number. The department may issue a certificate of title once a
1115 law enforcement officer has verified in writing, which may be
1116 provided by facsimile, electronic mail, or other electronic
1117 means, that the vessel is no longer a derelict vessel.
1118 Section 23. Effective July 1, 2023, paragraph (e) of
1119 subsection (3) of section 328.09, Florida Statutes, as amended
1120 by section 12 of chapter 2019-76, Laws of Florida, is amended to
1121 read:
1122 328.09 Refusal to issue and authority to cancel a
1123 certificate of title or registration.—
1124 (3) Except as otherwise provided in subsection (4), the
1125 department may reject an application for a certificate of title
1126 only if:
1127 (e) The application is for a vessel that has been deemed
1128 derelict by a law enforcement officer under s. 376.15 or s.
1129 823.11. In such case, a law enforcement officer must inform the
1130 department in writing, which may be provided by facsimile, e
1131 mail, or other electronic means, of the vessel’s derelict status
1132 and supply the department with the vessel title number or vessel
1133 identification number. The department may issue a certificate of
1134 title once a law enforcement officer has verified in writing,
1135 which may be provided by facsimile, e-mail, or other electronic
1136 means, that the vessel is no longer a derelict vessel.
1137 Section 24. Section 376.15, Florida Statutes, is amended to
1138 read:
1139 376.15 Derelict vessels; relocation or removal from public
1140 waters of this state.—
1141 (1) As used in this section, the term:
1142 (a) “Commission” means the Fish and Wildlife Conservation
1143 Commission.
1144 (b) “Gross negligence” means conduct so reckless or wanting
1145 in care that it constitutes a conscious disregard or
1146 indifference to the safety of the property exposed to such
1147 conduct.
1148 (c) “Willful misconduct” means conduct evidencing
1149 carelessness or negligence of such a degree or recurrence as to
1150 manifest culpability, wrongful intent, or evil design or to show
1151 an intentional and substantial disregard of the interests of the
1152 vessel owner.
1153 (2)(a) It is unlawful for any person, firm, or corporation
1154 to store, leave, or abandon any derelict vessel as defined in s.
1155 823.11 upon the waters of in this state. For purposes of this
1156 paragraph, the term “leave” means to allow a vessel to remain
1157 occupied or unoccupied on the waters of this state for more than
1158 24 hours.
1159 (b) Notwithstanding paragraph (a), a person who owns or
1160 operates a vessel that becomes derelict upon the waters of this
1161 state solely as a result of a boating accident that is reported
1162 to law enforcement in accordance with s. 327.301 or otherwise
1163 reported to law enforcement; a hurricane; or another sudden
1164 event outside of his or her control may not be charged with a
1165 violation if:
1166 1. The individual documents for law enforcement the
1167 specific event that led to the vessel being derelict upon the
1168 waters of this state; and
1169 2. The vessel has been removed from the waters of this
1170 state or has been repaired or addressed such that it is no
1171 longer derelict upon the waters of this state:
1172 a. For a vessel that has become derelict as a result of a
1173 boating accident or other sudden event outside of his or her
1174 control, within 7 days after such accident or event; or
1175 b. Within 45 days after the hurricane has passed over this
1176 state.
1177 (c) This subsection does not apply to a vessel that was
1178 derelict upon the waters of this state before the stated
1179 accident or event.
1180 (3)(a) The commission, an officer officers of the
1181 commission, or a and any law enforcement agency or officer
1182 specified in s. 327.70 may are authorized and empowered to
1183 relocate, remove, store, destroy, or dispose of or cause to be
1184 relocated, or removed, stored, destroyed, or disposed of a any
1185 derelict vessel as defined in s. 823.11 from public waters of
1186 this state as defined in s. 327.02. All costs, including costs
1187 owed to a third party, incurred by the commission or other law
1188 enforcement agency in the relocation, or removal, storage,
1189 destruction, or disposal of any abandoned or derelict vessel are
1190 recoverable against the owner of the vessel or the party
1191 determined to be legally responsible for the vessel being upon
1192 the waters of this state in a derelict condition. The Department
1193 of Legal Affairs shall represent the commission in actions to
1194 recover such costs.
1195 (b) The commission, an officer officers of the commission,
1196 or a and any other law enforcement agency or officer specified
1197 in s. 327.70 acting pursuant to under this section to relocate,
1198 remove, store, destroy, or dispose of or cause to be relocated,
1199 or removed, stored, destroyed, or disposed of a derelict vessel
1200 from public waters of this state as defined in s. 327.02 shall
1201 be held harmless for all damages to the derelict vessel
1202 resulting from such action relocation or removal unless the
1203 damage results from gross negligence or willful misconduct as
1204 these terms are defined in s. 823.11.
1205 (c) A contractor performing relocation or removal
1206 activities at the direction of the commission, an officer
1207 officers of the commission, or a law enforcement agency or
1208 officer, or a governmental subdivision, when the governmental
1209 subdivision has received authorization for the relocation or
1210 removal from a law enforcement officer or agency pursuant to
1211 this section, must be licensed in accordance with applicable
1212 United States Coast Guard regulations where required; obtain and
1213 carry in full force and effect a policy from a licensed
1214 insurance carrier in this state to insure against any accident,
1215 loss, injury, property damage, or other casualty caused by or
1216 resulting from the contractor’s actions; and be properly
1217 equipped to perform the services to be provided.
1218 (d) The commission may establish a program to provide
1219 grants to local governments for the removal, storage,
1220 destruction, and disposal of derelict vessels from the public
1221 waters of this the state as defined in s. 327.02. The program
1222 shall be funded from the Marine Resources Conservation Trust
1223 Fund or the Florida Coastal Protection Trust Fund.
1224 Notwithstanding the provisions in s. 216.181(11), funds
1225 available for grants may only be authorized by appropriations
1226 acts of the Legislature. In a given fiscal year, if all funds
1227 appropriated pursuant to this paragraph are not requested by and
1228 granted to local governments for the removal, storage,
1229 destruction, and disposal of derelict vessels by the end of the
1230 third quarter, the Fish and Wildlife Conservation Commission may
1231 use the remainder of the funds to remove, store, destroy, and
1232 dispose of, or to pay private contractors to remove, store,
1233 destroy, and dispose of, derelict vessels.
1234 (e) The commission shall adopt by rule procedures for
1235 submitting a grant application and criteria for allocating
1236 available funds. Such criteria shall include, but not be limited
1237 to, the following:
1238 1. The number of derelict vessels within the jurisdiction
1239 of the applicant.
1240 2. The threat posed by such vessels to public health or
1241 safety, the environment, navigation, or the aesthetic condition
1242 of the general vicinity.
1243 3. The degree of commitment of the local government to
1244 maintain waters free of abandoned and derelict vessels and to
1245 seek legal action against those who abandon vessels in the
1246 waters of this the state as defined in s. 327.02.
1247 (f) This section constitutes the authority for such removal
1248 but is not intended to be in contravention of any applicable
1249 federal act.
1250 Section 25. Subsections (2) and (4) of section 705.103,
1251 Florida Statutes, are amended to read:
1252 705.103 Procedure for abandoned or lost property.—
1253 (2)(a)1. Whenever a law enforcement officer ascertains
1254 that:
1255 a. An article of lost or abandoned property other than a
1256 derelict vessel or a vessel declared a public nuisance pursuant
1257 to s. 327.73(1)(aa) is present on public property and is of such
1258 nature that it cannot be easily removed, the officer shall cause
1259 a notice to be placed upon such article in substantially the
1260 following form:
1261
1262 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1263 PROPERTY. This property, to wit: ...(setting forth brief
1264 description)... is unlawfully upon public property known as
1265 ...(setting forth brief description of location)... and must be
1266 removed within 5 days; otherwise, it will be removed and
1267 disposed of pursuant to chapter 705, Florida Statutes. The owner
1268 will be liable for the costs of removal, storage, and
1269 publication of notice. Dated this: ...(setting forth the date of
1270 posting of notice)..., signed: ...(setting forth name, title,
1271 address, and telephone number of law enforcement officer)....
1272
1273 b. A derelict vessel or a vessel declared a public nuisance
1274 pursuant to s. 327.73(1)(aa) is present on the waters of this
1275 state, the officer shall cause a notice to be placed upon such
1276 vessel in substantially the following form:
1277
1278 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1279 VESSEL. This vessel, to wit: ...(setting forth brief
1280 description)... has been determined to be (derelict or a public
1281 nuisance) and is unlawfully upon waters of this state
1282 ...(setting forth brief description of location)... and must be
1283 removed within 21 days; otherwise, it will be removed and
1284 disposed of pursuant to chapter 705, Florida Statutes. The owner
1285 and other interested parties have the right to a hearing to
1286 challenge the determination that this vessel is derelict or
1287 otherwise in violation of the law. Please contact ...(contact
1288 information for person who can arrange for a hearing in
1289 accordance with this section).... The owner or the party
1290 determined to be legally responsible for the vessel being upon
1291 the waters of this state in a derelict condition will be liable
1292 for the costs of removal, destruction, and disposal if this
1293 vessel is not removed by the owner. Dated this: ...(setting
1294 forth the date of posting of notice)..., signed: ...(setting
1295 forth name, title, address, and telephone number of law
1296 enforcement officer)....
1297 2. The notices required under subparagraph 1. may Such
1298 notice shall be not be less than 8 inches by 10 inches and shall
1299 be sufficiently weatherproof to withstand normal exposure to the
1300 elements. In addition to posting, the law enforcement officer
1301 shall make a reasonable effort to ascertain the name and address
1302 of the owner. If such is reasonably available to the officer,
1303 she or he shall mail a copy of such notice to the owner on or
1304 before the date of posting. If the property is a motor vehicle
1305 as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
1306 the law enforcement agency shall contact the Department of
1307 Highway Safety and Motor Vehicles in order to determine the name
1308 and address of the owner and any person who has filed a lien on
1309 the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
1310 328.15(1). On receipt of this information, the law enforcement
1311 agency shall mail a copy of the notice by certified mail, return
1312 receipt requested, to the owner and to the lienholder, if any,
1313 except that a law enforcement officer who has issued a citation
1314 for a violation of s. 376.15 or s. 823.11 to the owner of a
1315 derelict vessel is not required to mail a copy of the notice by
1316 certified mail, return receipt requested, to the owner. For a
1317 derelict vessel or a vessel declared a public nuisance pursuant
1318 to s. 327.73(1)(aa), the mailed notice must inform the owner or
1319 responsible party that he or she has a right to a hearing to
1320 dispute the determination that the vessel is derelict or
1321 otherwise in violation of the law. If a request for a hearing is
1322 made, a state agency shall follow the processes set forth in s.
1323 120.569. Local governmental entities shall follow the processes
1324 set forth in s. 120.569, except that a local judge, magistrate,
1325 or code enforcement officer may be designated to conduct such a
1326 hearing. If, at the end of 5 days after posting the notice in
1327 sub-subparagraph 1.a., or at the end of 21 days after posting
1328 the notice in sub-subparagraph 1.b., and mailing such notice, if
1329 required, the owner or any person interested in the lost or
1330 abandoned article or articles described has not removed the
1331 article or articles from public property or shown reasonable
1332 cause for failure to do so, and, in the case of a derelict
1333 vessel or a vessel declared a public nuisance pursuant to s.
1334 327.73(1)(aa), has not requested a hearing in accordance with
1335 this section, the following shall apply:
1336 a.(a) For abandoned property other than a derelict vessel
1337 or a vessel declared a public nuisance pursuant to s.
1338 327.73(1)(aa), the law enforcement agency may retain any or all
1339 of the property for its own use or for use by the state or unit
1340 of local government, trade such property to another unit of
1341 local government or state agency, donate the property to a
1342 charitable organization, sell the property, or notify the
1343 appropriate refuse removal service.
1344 b. For a derelict vessel or a vessel declared a public
1345 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
1346 agency or its designee may:
1347 (I) Remove the vessel from the waters of this state and
1348 destroy and dispose of the vessel or authorize another
1349 governmental entity or its designee to do so; or
1350 (II) Authorize the vessel’s use as an artificial reef in
1351 accordance with s. 379.249 if all necessary federal, state, and
1352 local authorizations are received.
1353
1354 A law enforcement agency or its designee may also take action as
1355 described in this sub-subparagraph if, following a hearing
1356 pursuant to this section, the judge, magistrate, administrative
1357 law judge, or hearing officer has determined the vessel to be
1358 derelict as provided in s. 823.11 or otherwise in violation of
1359 the law in accordance with s. 327.73(1)(aa) and a final order
1360 has been entered or the case is otherwise closed.
1361 (b) For lost property, the officer shall take custody and
1362 the agency shall retain custody of the property for 90 days. The
1363 agency shall publish notice of the intended disposition of the
1364 property, as provided in this section, during the first 45 days
1365 of this time period.
1366 1. If the agency elects to retain the property for use by
1367 the unit of government, donate the property to a charitable
1368 organization, surrender such property to the finder, sell the
1369 property, or trade the property to another unit of local
1370 government or state agency, notice of such election shall be
1371 given by an advertisement published once a week for 2
1372 consecutive weeks in a newspaper of general circulation in the
1373 county where the property was found if the value of the property
1374 is more than $100. If the value of the property is $100 or less,
1375 notice shall be given by posting a description of the property
1376 at the law enforcement agency where the property was turned in.
1377 The notice must be posted for not less than 2 consecutive weeks
1378 in a public place designated by the law enforcement agency. The
1379 notice must describe the property in a manner reasonably
1380 adequate to permit the rightful owner of the property to claim
1381 it.
1382 2. If the agency elects to sell the property, it must do so
1383 at public sale by competitive bidding. Notice of the time and
1384 place of the sale shall be given by an advertisement of the sale
1385 published once a week for 2 consecutive weeks in a newspaper of
1386 general circulation in the county where the sale is to be held.
1387 The notice shall include a statement that the sale shall be
1388 subject to any and all liens. The sale must be held at the
1389 nearest suitable place to that where the lost or abandoned
1390 property is held or stored. The advertisement must include a
1391 description of the goods and the time and place of the sale. The
1392 sale may take place no earlier than 10 days after the final
1393 publication. If there is no newspaper of general circulation in
1394 the county where the sale is to be held, the advertisement shall
1395 be posted at the door of the courthouse and at three other
1396 public places in the county at least 10 days prior to sale.
1397 Notice of the agency’s intended disposition shall describe the
1398 property in a manner reasonably adequate to permit the rightful
1399 owner of the property to identify it.
1400 (4) The owner of any abandoned or lost property, or in the
1401 case of a derelict vessel, the owner or other party determined
1402 to be legally responsible for the vessel being upon the waters
1403 of this state in a derelict condition, who, after notice as
1404 provided in this section, does not remove such property within
1405 the specified period shall be liable to the law enforcement
1406 agency, other governmental entity, or the agency’s or entity’s
1407 designee for all costs of removal, storage, and destruction of
1408 such property, less any salvage value obtained by disposal of
1409 the property. Upon final disposition of the property, the law
1410 enforcement officer or representative of the law enforcement
1411 agency or other governmental entity shall notify the owner, if
1412 known, of the amount owed. In the case of an abandoned vessel or
1413 motor vehicle, any person who neglects or refuses to pay such
1414 amount is not entitled to be issued a certificate of
1415 registration for such vessel or motor vehicle, or any other
1416 vessel or motor vehicle, until such costs have been paid. A
1417 person who has neglected or refused to pay all costs of removal,
1418 storage, disposal, and destruction of a vessel or motor vehicle
1419 as provided in this section, after having been provided written
1420 notice via certified mail that such costs are owed, and who
1421 applies for and is issued a registration for a vessel or motor
1422 vehicle before such costs have been paid in full commits a
1423 misdemeanor of the first degree, punishable as provided in s.
1424 775.082 or s. 775.083. The law enforcement officer or
1425 representative of the law enforcement agency or other
1426 governmental entity shall supply the Department of Highway
1427 Safety and Motor Vehicles with a list of persons whose vessel
1428 registration privileges and or whose motor vehicle privileges
1429 have been revoked under this subsection. Neither The department
1430 or a nor any other person acting as an agent of the department
1431 may not thereof shall issue a certificate of registration to a
1432 person whose vessel and or motor vehicle registration privileges
1433 have been revoked, as provided by this subsection, until such
1434 costs have been paid.
1435 Section 26. Effective July 1, 2023, subsection (2) of
1436 section 705.103, Florida Statutes, as amended by section 29 of
1437 chapter 2019-76, Laws of Florida, is amended to read:
1438 705.103 Procedure for abandoned or lost property.—
1439 (2)(a)1. Whenever a law enforcement officer ascertains
1440 that:
1441 a. An article of lost or abandoned property other than a
1442 derelict vessel or a vessel declared a public nuisance pursuant
1443 to s. 327.73(1)(aa) is present on public property and is of such
1444 nature that it cannot be easily removed, the officer shall cause
1445 a notice to be placed upon such article in substantially the
1446 following form:
1447
1448 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1449 PROPERTY. This property, to wit: ...(setting forth brief
1450 description)... is unlawfully upon public property known as
1451 ...(setting forth brief description of location)... and must be
1452 removed within 5 days; otherwise, it will be removed and
1453 disposed of pursuant to chapter 705, Florida Statutes. The owner
1454 will be liable for the costs of removal, storage, and
1455 publication of notice. Dated this: ...(setting forth the date of
1456 posting of notice)..., signed: ...(setting forth name, title,
1457 address, and telephone number of law enforcement officer)....
1458
1459 b. A derelict vessel or a vessel declared a public nuisance
1460 pursuant to s. 327.73(1)(aa) is present on the waters of this
1461 state, the officer shall cause a notice to be placed upon such
1462 vessel in substantially the following form:
1463
1464 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1465 VESSEL. This vessel, to wit: ...(setting forth brief description
1466 of location)... has been determined to be (derelict or a public
1467 nuisance) and is unlawfully upon the waters of this state
1468 ...(setting forth brief description of location)... and must be
1469 removed within 21 days; otherwise, it will be removed and
1470 disposed of pursuant to chapter 705, Florida Statutes. The owner
1471 and other interested parties have the right to a hearing to
1472 challenge the determination that this vessel is derelict or
1473 otherwise in violation of the law. Please contact ...(contact
1474 information for person who can arrange for a hearing in
1475 accordance with this section)... The owner or the party
1476 determined to be legally responsible for the vessel being upon
1477 the waters of this state in a derelict condition will be liable
1478 for the costs of removal, destruction, and disposal if this
1479 vessel is not removed by the owner. Dated this: ...(setting
1480 forth the date of posting of notice)..., signed: ...(setting
1481 forth name, title, address, and telephone number of law
1482 enforcement officer)....
1483
1484 2. The notices required under subparagraph 1. may Such
1485 notice shall be not be less than 8 inches by 10 inches and shall
1486 be sufficiently weatherproof to withstand normal exposure to the
1487 elements. In addition to posting, the law enforcement officer
1488 shall make a reasonable effort to ascertain the name and address
1489 of the owner. If such is reasonably available to the officer,
1490 she or he shall mail a copy of such notice to the owner on or
1491 before the date of posting. If the property is a motor vehicle
1492 as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
1493 the law enforcement agency shall contact the Department of
1494 Highway Safety and Motor Vehicles in order to determine the name
1495 and address of the owner and any person who has filed a lien on
1496 the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
1497 328.15. On receipt of this information, the law enforcement
1498 agency shall mail a copy of the notice by certified mail, return
1499 receipt requested, to the owner and to the lienholder, if any,
1500 except that a law enforcement officer who has issued a citation
1501 for a violation of s. 376.15 or s. 823.11 to the owner of a
1502 derelict vessel is not required to mail a copy of the notice by
1503 certified mail, return receipt requested, to the owner. For a
1504 derelict vessel or a vessel declared a public nuisance pursuant
1505 to s. 327.73(1)(aa), the mailed notice must inform the owner or
1506 responsible party that he or she has a right to a hearing to
1507 dispute the determination that the vessel is derelict or
1508 otherwise in violation of the law. If a request for a hearing is
1509 made, a state agency shall follow the processes as set forth in
1510 s. 120.569. Local governmental entities shall follow the
1511 processes set forth in s. 120.569, except that a local judge,
1512 magistrate, or code enforcement officer may be designated to
1513 conduct such a hearing. If, at the end of 5 days after posting
1514 the notice in sub-subparagraph 1.a., or at the end of 21 days
1515 after posting the notice in sub-subparagraph 1.b., and mailing
1516 such notice, if required, the owner or any person interested in
1517 the lost or abandoned article or articles described has not
1518 removed the article or articles from public property or shown
1519 reasonable cause for failure to do so, and, in the case of a
1520 derelict vessel or a vessel declared a public nuisance pursuant
1521 to s. 327.73(1)(aa), has not requested a hearing in accordance
1522 with this section, the following shall apply:
1523 a.(a) For abandoned property other than a derelict vessel
1524 or a vessel declared a public nuisance pursuant to s.
1525 327.73(1)(aa), the law enforcement agency may retain any or all
1526 of the property for its own use or for use by the state or unit
1527 of local government, trade such property to another unit of
1528 local government or state agency, donate the property to a
1529 charitable organization, sell the property, or notify the
1530 appropriate refuse removal service.
1531 b. For a derelict vessel or a vessel declared a public
1532 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
1533 agency or its designee may:
1534 (I) Remove the vessel from the waters of this state and
1535 destroy and dispose of the vessel or authorize another
1536 governmental entity or its designee to do so; or
1537 (II) Authorize the vessel’s use as an artificial reef in
1538 accordance with s. 379.249 if all necessary federal, state, and
1539 local authorizations are received.
1540
1541 A law enforcement agency or its designee may also take action as
1542 described in this sub-subparagraph if, following a hearing
1543 pursuant to this section, the judge, magistrate, administrative
1544 law judge, or hearing officer has determined the vessel to be
1545 derelict as provided in s. 823.11 or otherwise in violation of
1546 the law in accordance with s. 327.73(1)(aa) and a final order
1547 has been entered or the case is otherwise closed.
1548 (b) For lost property, the officer shall take custody and
1549 the agency shall retain custody of the property for 90 days. The
1550 agency shall publish notice of the intended disposition of the
1551 property, as provided in this section, during the first 45 days
1552 of this time period.
1553 1. If the agency elects to retain the property for use by
1554 the unit of government, donate the property to a charitable
1555 organization, surrender such property to the finder, sell the
1556 property, or trade the property to another unit of local
1557 government or state agency, notice of such election shall be
1558 given by an advertisement published once a week for 2
1559 consecutive weeks in a newspaper of general circulation in the
1560 county where the property was found if the value of the property
1561 is more than $100. If the value of the property is $100 or less,
1562 notice shall be given by posting a description of the property
1563 at the law enforcement agency where the property was turned in.
1564 The notice must be posted for not less than 2 consecutive weeks
1565 in a public place designated by the law enforcement agency. The
1566 notice must describe the property in a manner reasonably
1567 adequate to permit the rightful owner of the property to claim
1568 it.
1569 2. If the agency elects to sell the property, it must do so
1570 at public sale by competitive bidding. Notice of the time and
1571 place of the sale shall be given by an advertisement of the sale
1572 published once a week for 2 consecutive weeks in a newspaper of
1573 general circulation in the county where the sale is to be held.
1574 The notice shall include a statement that the sale shall be
1575 subject to any and all liens. The sale must be held at the
1576 nearest suitable place to that where the lost or abandoned
1577 property is held or stored. The advertisement must include a
1578 description of the goods and the time and place of the sale. The
1579 sale may take place no earlier than 10 days after the final
1580 publication. If there is no newspaper of general circulation in
1581 the county where the sale is to be held, the advertisement shall
1582 be posted at the door of the courthouse and at three other
1583 public places in the county at least 10 days prior to sale.
1584 Notice of the agency’s intended disposition shall describe the
1585 property in a manner reasonably adequate to permit the rightful
1586 owner of the property to identify it.
1587 Section 27. Subsections (1), (2), and (3) of section
1588 823.11, Florida Statutes, are amended to read:
1589 823.11 Derelict vessels; relocation or removal; penalty.—
1590 (1) As used in this section and s. 376.15, the term:
1591 (a) “Commission” means the Fish and Wildlife Conservation
1592 Commission.
1593 (b) “Derelict vessel” means a vessel, as defined in s.
1594 327.02, that is left, stored, or abandoned:
1595 1. In a wrecked, junked, or substantially dismantled
1596 condition upon any public waters of this state.
1597 a. A vessel is wrecked if it is sunken or sinking; aground
1598 without the ability to extricate itself absent mechanical
1599 assistance; or remaining after a marine casualty, including, but
1600 not limited to, a boating accident, extreme weather, or a fire.
1601 b. A vessel is junked if it has been substantially stripped
1602 of vessel components, if vessel components have substantially
1603 degraded or been destroyed, or if the vessel has been discarded
1604 by the owner or operator. Attaching an outboard motor to a
1605 vessel that is otherwise junked will not cause the vessel to no
1606 longer be junked if such motor is not an effective means of
1607 propulsion as required by s. 327.4107(2)(e) and associated
1608 rules.
1609 c. A vessel is substantially dismantled if at least two of
1610 the three following vessel systems or components are missing,
1611 compromised, incomplete, inoperable, or broken:
1612 (I) The steering system;
1613 (II) The propulsion system; or
1614 (III) The exterior hull integrity.
1615
1616 Attaching an outboard motor to a vessel that is otherwise
1617 substantially dismantled will not cause the vessel to no longer
1618 be substantially dismantled if such motor is not an effective
1619 means of propulsion as required by s. 327.4107(2)(e) and
1620 associated rules.
1621 2. At a port in this state without the consent of the
1622 agency having jurisdiction thereof.
1623 3. Docked, grounded, or beached upon the property of
1624 another without the consent of the owner of the property.
1625 (c) “Gross negligence” means conduct so reckless or wanting
1626 in care that it constitutes a conscious disregard or
1627 indifference to the safety of the property exposed to such
1628 conduct.
1629 (d) “Willful misconduct” means conduct evidencing
1630 carelessness or negligence of such a degree or recurrence as to
1631 manifest culpability, wrongful intent, or evil design or to show
1632 an intentional and substantial disregard of the interests of the
1633 vessel owner.
1634 (2)(a) It is unlawful for A person, firm, or corporation
1635 may not to store, leave, or abandon any derelict vessel upon
1636 waters of in this state. For purposes of this paragraph, the
1637 term “leave” means to allow a vessel to remain occupied or
1638 unoccupied on the waters of this state for more than 24 hours.
1639 (b) Notwithstanding paragraph (a), a person who owns or
1640 operates a vessel that becomes derelict upon the waters of this
1641 state solely as a result of a boating accident that is reported
1642 to law enforcement in accordance with s. 327.301 or otherwise
1643 reported to law enforcement; a hurricane; or another sudden
1644 event outside of his or her control may not be charged with a
1645 violation if:
1646 1. The individual documents for law enforcement the
1647 specific event that led to the vessel being derelict upon the
1648 waters of this state; and
1649 2. The vessel has been removed from the waters of this
1650 state or has been repaired or addressed such that it is no
1651 longer derelict upon the waters of this state:
1652 a. For a vessel that has become derelict as a result of a
1653 boating accident or other sudden event outside of his or her
1654 control, within 7 days after such accident or event; or
1655 b. Within 45 days after the hurricane has passed over the
1656 state.
1657 (c) This subsection does not apply to a vessel that was
1658 derelict upon the waters of this state before the stated
1659 accident or event.
1660 (3) The commission, an officer officers of the commission,
1661 or a and any law enforcement agency or officer specified in s.
1662 327.70 may are authorized and empowered to relocate, remove,
1663 store, destroy, or dispose of or cause to be relocated, or
1664 removed, stored, destroyed, or disposed of a derelict vessel
1665 from public waters of this state as defined in s. 327.02 if the
1666 derelict vessel obstructs or threatens to obstruct navigation or
1667 in any way constitutes a danger to the environment, property, or
1668 persons. The commission, an officer officers of the commission,
1669 or any other law enforcement agency or officer acting pursuant
1670 to under this subsection to relocate, remove, store, destroy,
1671 dispose of or cause to be relocated, or removed, stored,
1672 destroyed, or disposed of a derelict vessel from public waters
1673 of this state shall be held harmless for all damages to the
1674 derelict vessel resulting from such action relocation or removal
1675 unless the damage results from gross negligence or willful
1676 misconduct.
1677 (a) Removal of derelict vessels under this subsection may
1678 be funded by grants provided in ss. 206.606 and 376.15. The
1679 commission shall implement a plan for the procurement of any
1680 available federal disaster funds and use such funds for the
1681 removal of derelict vessels.
1682 (b) All costs, including costs owed to a third party,
1683 incurred by the commission, another or other law enforcement
1684 agency, or a governmental subdivision, when the governmental
1685 subdivision has received authorization from a law enforcement
1686 officer or agency, in the relocation, or removal, storage,
1687 destruction, or disposal of a derelict vessel are recoverable
1688 against the vessel owner or the party determined to be legally
1689 responsible for the vessel being upon the waters of this state
1690 in a derelict condition. The Department of Legal Affairs shall
1691 represent the commission in actions to recover such costs. As
1692 provided in s. 705.103(4), a person who neglects or refuses to
1693 pay such costs may not be issued a certificate of registration
1694 for such vessel or for any other vessel or motor vehicle until
1695 such costs have been paid. A person who has neglected or refused
1696 to pay all costs of removal, storage, destruction, or disposal
1697 of a derelict vessel as provided in this section, after having
1698 been provided written notice via certified mail that such costs
1699 are owed, and who applies for and is issued a registration for a
1700 vessel or motor vehicle before such costs have been paid in full
1701 commits a misdemeanor of the first degree, punishable as
1702 provided in s. 775.082 or s. 775.083.
1703 (c) A contractor performing such relocation or removal
1704 activities at the direction of the commission, an officer
1705 officers of the commission, or a law enforcement agency or
1706 officer, or a governmental subdivision, when the governmental
1707 subdivision has received authorization for the relocation or
1708 removal from a law enforcement officer or agency, pursuant to
1709 this section must be licensed in accordance with applicable
1710 United States Coast Guard regulations where required; obtain and
1711 carry in full force and effect a policy from a licensed
1712 insurance carrier in this state to insure against any accident,
1713 loss, injury, property damage, or other casualty caused by or
1714 resulting from the contractor’s actions; and be properly
1715 equipped to perform the services to be provided.
1716 Section 28. Except as otherwise expressly provided in this
1717 act, this act shall take effect July 1, 2021.
1718
1719 ================= T I T L E A M E N D M E N T ================
1720 And the title is amended as follows:
1721 Delete everything before the enacting clause
1722 and insert:
1723 A bill to be entitled
1724 An act relating to operation and safety of motor
1725 vehicles and vessels; amending ss. 316.1932 and
1726 316.1939, F.S.; revising conditions under which a
1727 person’s driving privilege is suspended and under
1728 which the person commits a misdemeanor relating to
1729 tests for alcohol, chemical substances, or controlled
1730 substances; specifying that such misdemeanor is a
1731 misdemeanor of the first degree; amending s. 327.02,
1732 F.S.; defining the term “human-powered vessel”;
1733 revising the definition of the term “navigation
1734 rules”; amending s. 327.04, F.S.; providing additional
1735 rulemaking authority to the Fish and Wildlife
1736 Conservation Commission; creating s. 327.462, F.S.;
1737 defining terms; authorizing heads of certain entities
1738 to establish temporary protection zones in certain
1739 water bodies for certain purposes; providing
1740 protection zone requirements; prohibiting the
1741 restriction of vessel movement within the Florida
1742 Intracoastal Waterway except under certain
1743 circumstances; requiring the heads of certain entities
1744 to report the establishment of such protection zones
1745 to the commission and to the appropriate United States
1746 Coast Guard Sector Command; providing requirements for
1747 the report; providing applicability; providing
1748 penalties; amending ss. 327.352 and 327.359, F.S.;
1749 revising conditions under which a person commits a
1750 misdemeanor of the first degree for refusing to submit
1751 to certain tests; creating s. 327.371, F.S.; providing
1752 circumstances under which a person may operate a
1753 human-powered vessel within the boundaries of the
1754 marked channel of the Florida Intracoastal Waterway;
1755 providing a penalty; amending s. 327.391, F.S.;
1756 conforming cross-references; amending s. 327.395,
1757 F.S.; revising the types of documentation that a
1758 person may use to comply with certain boating safety
1759 requirements; removing the authority of the commission
1760 to appoint certain entities to administer a boating
1761 safety education course or temporary certificate
1762 examination and issue certain credentials; exempting
1763 certain persons from the requirement to possess
1764 certain documents aboard a vessel; removing the
1765 specified service fee amount that certain entities
1766 that issue boating safety identification cards and
1767 temporary certificates may charge and keep; amending
1768 s. 327.4107, F.S.; revising the conditions under which
1769 officers may determine a vessel is at risk of becoming
1770 derelict; authorizing certain officers to provide
1771 notice that a vessel is at risk of becoming derelict
1772 via body camera recordings; authorizing the commission
1773 or certain officers to relocate at-risk vessels to a
1774 certain distance from mangroves or vegetation;
1775 providing that the commission or officers are not
1776 liable for damages to such vessels; providing an
1777 exception; authorizing the commission to establish a
1778 derelict vessel prevention program consisting of
1779 certain components; authorizing the commission to
1780 adopt rules; providing that such program is subject to
1781 appropriation by the Legislature; providing for
1782 funding; amending s. 327.4108, F.S.; designating
1783 Monroe County as an anchoring limitation area subject
1784 to certain requirements; requiring the commission to
1785 adopt rules; providing applicability; deleting
1786 obsolete language; amending s. 327.4109, F.S.;
1787 prohibiting the anchoring or mooring of a vessel or
1788 floating structure within a certain distance of
1789 certain facilities; providing exceptions; amending s.
1790 327.45, F.S.; authorizing the commission to establish
1791 protection zones where certain activities are
1792 prohibited in or near springs; amending s. 327.46,
1793 F.S.; authorizing a county or municipality to
1794 establish a boating-restricted area within and around
1795 a public mooring field and within certain portions of
1796 the Florida Intracoastal Waterway; creating s.
1797 327.463, F.S.; specifying conditions under which a
1798 vessel is and is not operating at slow speed, minimum
1799 wake; prohibiting a person from operating a vessel
1800 faster than slow speed, minimum wake within a certain
1801 distance from other specified vessels; providing
1802 requirements for construction vessel or barge flags;
1803 exempting a person from being cited for a violation
1804 under certain circumstances; providing penalties;
1805 providing applicability; amending s. 327.50, F.S.;
1806 authorizing the commission to exempt vessel owners and
1807 operators from certain safety equipment requirements;
1808 amending s. 327.53, F.S.; requiring the owner or
1809 operator of a live-aboard vessel or houseboat equipped
1810 with a marine sanitation device to maintain a record
1811 of the date and location of each pumpout of the device
1812 for a certain period; conforming a cross-reference;
1813 making technical changes; amending s. 327.54, F.S.;
1814 prohibiting a livery from leasing, hiring, or renting
1815 a vessel to a person required to complete a
1816 commission-approved boating safety education course
1817 unless such person presents certain documentation
1818 indicating compliance; amending s. 327.60, F.S.;
1819 authorizing a local government to enact and enforce
1820 regulations allowing the local law enforcement agency
1821 to remove an abandoned or lost vessel affixed to a
1822 public mooring; amending s. 327.73, F.S.; providing
1823 additional violations that qualify as noncriminal
1824 infractions; providing civil penalties; prohibiting
1825 conviction of a person cited for a violation relating
1826 to possessing proof of boating safety education under
1827 certain circumstances; increasing certain civil
1828 penalties; providing that certain vessels shall be
1829 declared a public nuisance subject to certain
1830 statutory provisions; authorizing the commission or
1831 certain officers to relocate or remove public nuisance
1832 vessels from the waters of this state; providing that
1833 the commission or officers are not liable for damages
1834 to such vessels; providing an exception; amending s.
1835 328.09, F.S.; prohibiting the Department of Highway
1836 Safety and Motor Vehicles from issuing a certificate
1837 of title to an applicant for a vessel that has been
1838 deemed derelict pursuant to certain provisions;
1839 authorizing the department, at a later date, to reject
1840 an application for a certificate of title for such a
1841 vessel; amending s. 376.15, F.S.; revising unlawful
1842 acts relating to derelict vessels; defining the term
1843 “leave”; prohibiting an owner or operator whose vessel
1844 becomes derelict due to specified accidents or events
1845 from being charged with a violation under certain
1846 circumstances; providing applicability; conforming
1847 provisions to changes made by the act; authorizing a
1848 governmental subdivision that has received
1849 authorization from a law enforcement officer or agency
1850 to direct a contractor to perform vessel storage,
1851 destruction, and disposal activities; authorizing the
1852 commission to provide local government grants for the
1853 storage, destruction, and disposal of derelict
1854 vessels; providing for funding; amending s. 705.103,
1855 F.S.; providing notice procedures for when a law
1856 enforcement officer ascertains that a derelict or
1857 public nuisance vessel is present on the waters of
1858 this state; requiring a mailed notice to the owner or
1859 party responsible for the vessel to inform him or her
1860 of the right to a hearing; providing hearing
1861 requirements; authorizing a law enforcement agency to
1862 take certain actions if a hearing is not requested or
1863 a vessel is determined to be derelict or otherwise in
1864 violation of law; revising provisions relating to
1865 liability for vessel removal costs and notification of
1866 the amount owed; providing penalties for a person who
1867 is issued a registration for a vessel or motor vehicle
1868 before such costs are paid; requiring persons whose
1869 vessel registration and motor vehicle privileges have
1870 been revoked for failure to pay certain costs to be
1871 reported to the department; prohibiting issuance of a
1872 certificate of registration to such persons until such
1873 costs are paid; amending s. 823.11, F.S.; revising
1874 application of definitions; revising the definition of
1875 the term “derelict vessel”; specifying requirements
1876 for a vessel to be considered wrecked, junked, or
1877 substantially dismantled; providing construction;
1878 revising unlawful acts relating to derelict vessels;
1879 defining the term “leave”; prohibiting an owner or
1880 operator whose vessel becomes derelict due to
1881 specified accidents or events from being charged with
1882 a violation under certain circumstances; providing
1883 applicability; providing that relocation or removal
1884 costs incurred by a governmental subdivision are
1885 recoverable against the vessel owner or the party
1886 determined to be legally responsible for the vessel
1887 being derelict; providing penalties for a person who
1888 is issued a registration for a vessel or motor vehicle
1889 before such costs are paid; authorizing a governmental
1890 subdivision that has received authorization from a law
1891 enforcement officer or agency to direct a contractor
1892 to perform vessel relocation or removal activities;
1893 providing effective dates.