Florida Senate - 2021              PROPOSED COMMITTEE SUBSTITUTE
       Bill No. CS for SB 1086
       
       
       
       
       
                               Ì518944DÎ518944                          
       
       576-03924-21                                                    
       Proposed Committee Substitute by the Committee on Appropriations
       (Appropriations Subcommittee on Agriculture, Environment, and
       General Government)
    1                        A bill to be entitled                      
    2         An act relating to operation and safety of motor
    3         vehicles and vessels; amending ss. 316.1932 and
    4         316.1939, F.S.; revising conditions under which a
    5         person’s driving privilege is suspended and under
    6         which the person commits a misdemeanor relating to
    7         tests for alcohol, chemical substances, or controlled
    8         substances; specifying that such misdemeanor is a
    9         misdemeanor of the first degree; amending s. 327.02,
   10         F.S.; defining the term “human-powered vessel”;
   11         revising the definition of the term “navigation
   12         rules”; amending s. 327.04, F.S.; providing additional
   13         rulemaking authority to the Fish and Wildlife
   14         Conservation Commission; creating s. 327.462, F.S.;
   15         defining terms; authorizing heads of certain entities
   16         to establish temporary protection zones in certain
   17         water bodies for certain purposes; providing
   18         protection zone requirements; prohibiting the
   19         restriction of vessel movement within the Florida
   20         Intracoastal Waterway except under certain
   21         circumstances; requiring the heads of certain entities
   22         to report the establishment of such protection zones
   23         to the commission and to the appropriate United States
   24         Coast Guard Sector Command; providing requirements for
   25         the report; providing applicability; providing
   26         penalties; amending ss. 327.352 and 327.359, F.S.;
   27         revising conditions under which a person commits a
   28         misdemeanor of the first degree for refusing to submit
   29         to certain tests; creating s. 327.371, F.S.; providing
   30         circumstances under which a person may operate a
   31         human-powered vessel within the boundaries of the
   32         marked channel of the Florida Intracoastal Waterway;
   33         providing a penalty; amending s. 327.391, F.S.;
   34         conforming cross-references; amending s. 327.395,
   35         F.S.; revising the types of documentation that a
   36         person may use to comply with certain boating safety
   37         requirements; removing the authority of the commission
   38         to appoint certain entities to administer a boating
   39         safety education course or temporary certificate
   40         examination and issue certain credentials; exempting
   41         certain persons from the requirement to possess
   42         certain documents aboard a vessel; removing the
   43         specified service fee amount that certain entities
   44         that issue boating safety identification cards and
   45         temporary certificates may charge and keep; amending
   46         s. 327.4107, F.S.; revising the conditions under which
   47         officers may determine a vessel is at risk of becoming
   48         derelict; authorizing certain officers to provide
   49         notice that a vessel is at risk of becoming derelict
   50         via body camera recordings; authorizing the commission
   51         or certain officers to relocate at-risk vessels to a
   52         certain distance from mangroves or vegetation;
   53         providing that the commission or officers are not
   54         liable for damages to such vessels; providing an
   55         exception; authorizing the commission to establish a
   56         derelict vessel prevention program consisting of
   57         certain components; authorizing the commission to
   58         adopt rules; providing that such program is subject to
   59         appropriation by the Legislature; providing for
   60         funding; amending s. 327.4108, F.S.; designating
   61         Monroe County as an anchoring limitation area subject
   62         to certain requirements; requiring the commission to
   63         adopt rules; providing construction; requiring the
   64         commission to designate a specified area as a priority
   65         for the removal of derelict vessels until certain
   66         conditions are met; deleting obsolete language;
   67         amending s. 327.4109, F.S.; prohibiting the anchoring
   68         or mooring of a vessel or floating structure within a
   69         certain distance of certain facilities; providing
   70         exceptions; amending s. 327.45, F.S.; authorizing the
   71         commission to establish protection zones where certain
   72         activities are prohibited in or near springs; amending
   73         s. 327.46, F.S.; authorizing a county or municipality
   74         to establish a boating-restricted area within and
   75         around a public mooring field and within certain
   76         portions of the Florida Intracoastal Waterway;
   77         creating s. 327.463, F.S.; specifying conditions under
   78         which a vessel is and is not operating at slow speed,
   79         minimum wake; prohibiting a person from operating a
   80         vessel faster than slow speed, minimum wake within a
   81         certain distance from other specified vessels;
   82         providing requirements for construction vessel or
   83         barge flags; exempting a person from being cited for a
   84         violation under certain circumstances; providing
   85         penalties; providing applicability; amending s.
   86         327.50, F.S.; authorizing the commission to exempt
   87         vessel owners and operators from certain safety
   88         equipment requirements; amending s. 327.53, F.S.;
   89         requiring the owner or operator of a live-aboard
   90         vessel or houseboat equipped with a marine sanitation
   91         device to maintain a record of the date and location
   92         of each pumpout of the device for a certain period;
   93         conforming a cross-reference; making technical
   94         changes; amending s. 327.54, F.S.; prohibiting a
   95         livery from leasing, hiring, or renting a vessel to a
   96         person required to complete a commission-approved
   97         boating safety education course unless such person
   98         presents certain documentation indicating compliance;
   99         amending s. 327.60, F.S.; authorizing a local
  100         government to enact and enforce regulations allowing
  101         the local law enforcement agency to remove an
  102         abandoned or lost vessel affixed to a public mooring;
  103         amending s. 327.73, F.S.; providing additional
  104         violations that qualify as noncriminal infractions;
  105         providing civil penalties; prohibiting conviction of a
  106         person cited for a violation relating to possessing
  107         proof of boating safety education under certain
  108         circumstances; increasing certain civil penalties;
  109         providing that certain vessels shall be declared a
  110         public nuisance subject to certain statutory
  111         provisions; authorizing the commission or certain
  112         officers to relocate or remove public nuisance vessels
  113         from the waters of this state; providing that the
  114         commission or officers are not liable for damages to
  115         such vessels; providing an exception; amending s.
  116         328.09, F.S.; prohibiting the Department of Highway
  117         Safety and Motor Vehicles from issuing a certificate
  118         of title to an applicant for a vessel that has been
  119         deemed derelict pursuant to certain provisions;
  120         authorizing the department, at a later date, to reject
  121         an application for a certificate of title for such a
  122         vessel; amending s. 376.15, F.S.; revising unlawful
  123         acts relating to derelict vessels; defining the term
  124         “leave”; prohibiting an owner or operator whose vessel
  125         becomes derelict due to specified accidents or events
  126         from being charged with a violation under certain
  127         circumstances; providing applicability; conforming
  128         provisions to changes made by the act; authorizing a
  129         governmental subdivision that has received
  130         authorization from a law enforcement officer or agency
  131         to direct a contractor to perform vessel storage,
  132         destruction, and disposal activities; authorizing the
  133         commission to provide local government grants for the
  134         storage, destruction, and disposal of derelict
  135         vessels; providing for funding; amending s. 705.103,
  136         F.S.; providing notice procedures for when a law
  137         enforcement officer ascertains that a derelict or
  138         public nuisance vessel is present on the waters of
  139         this state; requiring a mailed notice to the owner or
  140         party responsible for the vessel to inform him or her
  141         of the right to a hearing; providing hearing
  142         requirements; authorizing a law enforcement agency to
  143         take certain actions if a hearing is not requested or
  144         a vessel is determined to be derelict or otherwise in
  145         violation of law; revising provisions relating to
  146         liability for vessel removal costs and notification of
  147         the amount owed; providing penalties for a person who
  148         is issued a registration for a vessel or motor vehicle
  149         before such costs are paid; requiring persons whose
  150         vessel registration and motor vehicle privileges have
  151         been revoked for failure to pay certain costs to be
  152         reported to the department; prohibiting issuance of a
  153         certificate of registration to such persons until such
  154         costs are paid; amending s. 823.11, F.S.; revising
  155         application of definitions; revising the definition of
  156         the term “derelict vessel”; specifying requirements
  157         for a vessel to be considered wrecked, junked, or
  158         substantially dismantled; providing construction;
  159         revising unlawful acts relating to derelict vessels;
  160         defining the term “leave”; prohibiting an owner or
  161         operator whose vessel becomes derelict due to
  162         specified accidents or events from being charged with
  163         a violation under certain circumstances; providing
  164         applicability; providing that relocation or removal
  165         costs incurred by a governmental subdivision are
  166         recoverable against the vessel owner or the party
  167         determined to be legally responsible for the vessel
  168         being derelict; providing penalties for a person who
  169         is issued a registration for a vessel or motor vehicle
  170         before such costs are paid; authorizing a governmental
  171         subdivision that has received authorization from a law
  172         enforcement officer or agency to direct a contractor
  173         to perform vessel relocation or removal activities;
  174         providing effective dates.
  175          
  176  Be It Enacted by the Legislature of the State of Florida:
  177  
  178         Section 1. Effective October 1, 2021, paragraphs (a) and
  179  (c) of subsection (1) of section 316.1932, Florida Statutes, are
  180  amended to read:
  181         316.1932 Tests for alcohol, chemical substances, or
  182  controlled substances; implied consent; refusal.—
  183         (1)(a)1.a. A Any person who accepts the privilege extended
  184  by the laws of this state of operating a motor vehicle within
  185  this state is, by so operating such vehicle, deemed to have
  186  given his or her consent to submit to an approved chemical test
  187  or physical test including, but not limited to, an infrared
  188  light test of his or her breath for the purpose of determining
  189  the alcoholic content of his or her blood or breath if the
  190  person is lawfully arrested for any offense allegedly committed
  191  while the person was driving or was in actual physical control
  192  of a motor vehicle while under the influence of alcoholic
  193  beverages. The chemical or physical breath test must be
  194  incidental to a lawful arrest and administered at the request of
  195  a law enforcement officer who has reasonable cause to believe
  196  such person was driving or was in actual physical control of the
  197  motor vehicle within this state while under the influence of
  198  alcoholic beverages. The administration of a breath test does
  199  not preclude the administration of another type of test. The
  200  person shall be told that his or her failure to submit to any
  201  lawful test of his or her breath will result in the suspension
  202  of the person’s privilege to operate a motor vehicle for a
  203  period of 1 year for a first refusal, or for a period of 18
  204  months if the driving privilege of such person has been
  205  previously suspended or if he or she has previously been fined
  206  under s. 327.35215 as a result of a refusal to submit to such a
  207  test or tests required under this chapter or chapter 327, and
  208  shall also be told that if he or she refuses to submit to a
  209  lawful test of his or her breath and his or her driving
  210  privilege has been previously suspended or if he or she has
  211  previously been fined under s. 327.35215 for a prior refusal to
  212  submit to a lawful test of his or her breath, urine, or blood as
  213  required under this chapter or chapter 327, he or she commits a
  214  misdemeanor of the first degree, punishable as provided in s.
  215  775.082 or s. 775.083, in addition to any other penalties
  216  provided by law. The refusal to submit to a chemical or physical
  217  breath test upon the request of a law enforcement officer as
  218  provided in this section is admissible into evidence in any
  219  criminal proceeding.
  220         b. A Any person who accepts the privilege extended by the
  221  laws of this state of operating a motor vehicle within this
  222  state is, by so operating such vehicle, deemed to have given his
  223  or her consent to submit to a urine test for the purpose of
  224  detecting the presence of chemical substances as set forth in s.
  225  877.111 or controlled substances if the person is lawfully
  226  arrested for any offense allegedly committed while the person
  227  was driving or was in actual physical control of a motor vehicle
  228  while under the influence of chemical substances or controlled
  229  substances. The urine test must be incidental to a lawful arrest
  230  and administered at a detention facility or any other facility,
  231  mobile or otherwise, which is equipped to administer such tests
  232  at the request of a law enforcement officer who has reasonable
  233  cause to believe such person was driving or was in actual
  234  physical control of a motor vehicle within this state while
  235  under the influence of chemical substances or controlled
  236  substances. The urine test shall be administered at a detention
  237  facility or any other facility, mobile or otherwise, which is
  238  equipped to administer such test in a reasonable manner that
  239  will ensure the accuracy of the specimen and maintain the
  240  privacy of the individual involved. The administration of a
  241  urine test does not preclude the administration of another type
  242  of test. The person shall be told that his or her failure to
  243  submit to any lawful test of his or her urine will result in the
  244  suspension of the person’s privilege to operate a motor vehicle
  245  for a period of 1 year for the first refusal, or for a period of
  246  18 months if the driving privilege of such person has been
  247  previously suspended or if he or she has previously been fined
  248  under s. 327.35215 as a result of a refusal to submit to such a
  249  test or tests required under this chapter or chapter 327, and
  250  shall also be told that if he or she refuses to submit to a
  251  lawful test of his or her urine and his or her driving privilege
  252  has been previously suspended or if he or she has previously
  253  been fined under s. 327.35215 for a prior refusal to submit to a
  254  lawful test of his or her breath, urine, or blood as required
  255  under this chapter or chapter 327, he or she commits a
  256  misdemeanor of the first degree, punishable as provided in s.
  257  775.082 or s. 775.083, in addition to any other penalties
  258  provided by law. The refusal to submit to a urine test upon the
  259  request of a law enforcement officer as provided in this section
  260  is admissible into evidence in any criminal proceeding.
  261         2. The Alcohol Testing Program within the Department of Law
  262  Enforcement is responsible for the regulation of the operation,
  263  inspection, and registration of breath test instruments utilized
  264  under the driving and boating under the influence provisions and
  265  related provisions located in this chapter and chapters 322 and
  266  327. The program is responsible for the regulation of the
  267  individuals who operate, inspect, and instruct on the breath
  268  test instruments utilized in the driving and boating under the
  269  influence provisions and related provisions located in this
  270  chapter and chapters 322 and 327. The program is further
  271  responsible for the regulation of blood analysts who conduct
  272  blood testing to be utilized under the driving and boating under
  273  the influence provisions and related provisions located in this
  274  chapter and chapters 322 and 327. The program shall:
  275         a. Establish uniform criteria for the issuance of permits
  276  to breath test operators, agency inspectors, instructors, blood
  277  analysts, and instruments.
  278         b. Have the authority to permit breath test operators,
  279  agency inspectors, instructors, blood analysts, and instruments.
  280         c. Have the authority to discipline and suspend, revoke, or
  281  renew the permits of breath test operators, agency inspectors,
  282  instructors, blood analysts, and instruments.
  283         d. Establish uniform requirements for instruction and
  284  curricula for the operation and inspection of approved
  285  instruments.
  286         e. Have the authority to specify one approved curriculum
  287  for the operation and inspection of approved instruments.
  288         f. Establish a procedure for the approval of breath test
  289  operator and agency inspector classes.
  290         g. Have the authority to approve or disapprove breath test
  291  instruments and accompanying paraphernalia for use pursuant to
  292  the driving and boating under the influence provisions and
  293  related provisions located in this chapter and chapters 322 and
  294  327.
  295         h. With the approval of the executive director of the
  296  Department of Law Enforcement, make and enter into contracts and
  297  agreements with other agencies, organizations, associations,
  298  corporations, individuals, or federal agencies as are necessary,
  299  expedient, or incidental to the performance of duties.
  300         i. Issue final orders which include findings of fact and
  301  conclusions of law and which constitute final agency action for
  302  the purpose of chapter 120.
  303         j. Enforce compliance with the provisions of this section
  304  through civil or administrative proceedings.
  305         k. Make recommendations concerning any matter within the
  306  purview of this section, this chapter, chapter 322, or chapter
  307  327.
  308         l. Promulgate rules for the administration and
  309  implementation of this section, including definitions of terms.
  310         m. Consult and cooperate with other entities for the
  311  purpose of implementing the mandates of this section.
  312         n. Have the authority to approve the type of blood test
  313  utilized under the driving and boating under the influence
  314  provisions and related provisions located in this chapter and
  315  chapters 322 and 327.
  316         o. Have the authority to specify techniques and methods for
  317  breath alcohol testing and blood testing utilized under the
  318  driving and boating under the influence provisions and related
  319  provisions located in this chapter and chapters 322 and 327.
  320         p. Have the authority to approve repair facilities for the
  321  approved breath test instruments, including the authority to set
  322  criteria for approval.
  323  
  324  Nothing in this section shall be construed to supersede
  325  provisions in this chapter and chapters 322 and 327. The
  326  specifications in this section are derived from the power and
  327  authority previously and currently possessed by the Department
  328  of Law Enforcement and are enumerated to conform with the
  329  mandates of chapter 99-379, Laws of Florida.
  330         (c) A Any person who accepts the privilege extended by the
  331  laws of this state of operating a motor vehicle within this
  332  state is, by operating such vehicle, deemed to have given his or
  333  her consent to submit to an approved blood test for the purpose
  334  of determining the alcoholic content of the blood or a blood
  335  test for the purpose of determining the presence of chemical
  336  substances or controlled substances as provided in this section
  337  if there is reasonable cause to believe the person was driving
  338  or in actual physical control of a motor vehicle while under the
  339  influence of alcoholic beverages or chemical or controlled
  340  substances and the person appears for treatment at a hospital,
  341  clinic, or other medical facility and the administration of a
  342  breath or urine test is impractical or impossible. As used in
  343  this paragraph, the term “other medical facility” includes an
  344  ambulance or other medical emergency vehicle. The blood test
  345  shall be performed in a reasonable manner. A Any person who is
  346  incapable of refusal by reason of unconsciousness or other
  347  mental or physical condition is deemed not to have withdrawn his
  348  or her consent to such test. A blood test may be administered
  349  whether or not the person is told that his or her failure to
  350  submit to such a blood test will result in the suspension of the
  351  person’s privilege to operate a motor vehicle upon the public
  352  highways of this state and that a refusal to submit to a lawful
  353  test of his or her blood, if his or her driving privilege has
  354  been previously suspended for refusal to submit to a lawful test
  355  of his or her breath, urine, or blood, is a misdemeanor. A Any
  356  person who is capable of refusal shall be told that his or her
  357  failure to submit to such a blood test will result in the
  358  suspension of the person’s privilege to operate a motor vehicle
  359  for a period of 1 year for a first refusal, or for a period of
  360  18 months if the driving privilege of the person has been
  361  suspended previously or if he or she has previously been fined
  362  under s. 327.35215 as a result of a refusal to submit to such a
  363  test or tests required under this chapter or chapter 327, and
  364  that a refusal to submit to a lawful test of his or her blood,
  365  if his or her driving privilege has been previously suspended
  366  for a prior refusal to submit to a lawful test of his or her
  367  breath, urine, or blood, is a misdemeanor. The refusal to submit
  368  to a blood test upon the request of a law enforcement officer is
  369  admissible in evidence in any criminal proceeding.
  370         Section 2. Effective October 1, 2021, subsection (1) of
  371  section 316.1939, Florida Statutes, is amended to read:
  372         316.1939 Refusal to submit to testing; penalties.—
  373         (1) A Any person who has refused to submit to a chemical or
  374  physical test of his or her breath, blood, or urine, as
  375  described in s. 316.1932, and whose driving privilege was
  376  previously suspended or who was previously fined under s.
  377  327.35215 for a prior refusal to submit to a lawful test of his
  378  or her breath, urine, or blood required under this chapter or
  379  chapter 327, and:
  380         (a) Who the arresting law enforcement officer had probable
  381  cause to believe was driving or in actual physical control of a
  382  motor vehicle in this state while under the influence of
  383  alcoholic beverages, chemical substances, or controlled
  384  substances;
  385         (b) Who was placed under lawful arrest for a violation of
  386  s. 316.193 unless such test was requested pursuant to s.
  387  316.1932(1)(c);
  388         (c) Who was informed that, if he or she refused to submit
  389  to such test, his or her privilege to operate a motor vehicle
  390  would be suspended for a period of 1 year or, in the case of a
  391  second or subsequent refusal, for a period of 18 months;
  392         (d) Who was informed that a refusal to submit to a lawful
  393  test of his or her breath or, urine, or blood, if his or her
  394  driving privilege has been previously suspended or if he or she
  395  has previously been fined under s. 327.35215 for a prior refusal
  396  to submit to a lawful test of his or her breath, urine, or blood
  397  as required under this chapter or chapter 327, is a misdemeanor
  398  of the first degree, punishable as provided in s. 775.082 or s.
  399  775.083, in addition to any other penalties provided by law; and
  400         (e) Who, after having been so informed, refused to submit
  401  to any such test when requested to do so by a law enforcement
  402  officer or correctional officer commits a misdemeanor of the
  403  first degree and is subject to punishment as provided in s.
  404  775.082 or s. 775.083.
  405         Section 3. Present subsections (18) through (47) of section
  406  327.02, Florida Statutes, are redesignated as subsections (19)
  407  through (48), respectively, a new subsection (18) is added to
  408  that section, and present subsection (31) of that section is
  409  amended, to read:
  410         327.02 Definitions.—As used in this chapter and in chapter
  411  328, unless the context clearly requires a different meaning,
  412  the term:
  413         (18)“Human-powered vessel” means a vessel powered only by
  414  its occupant or occupants, including, but not limited to, a
  415  vessel powered only by the occupants’ hands or feet, oars, or
  416  paddles.
  417         (32)(31) “Navigation rules” means, for vessels on:
  418         (a) Waters outside established navigational lines of
  419  demarcation as specified in 33 C.F.R. part 80, the International
  420  Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended,
  421  including the appendix and annexes thereto, through December 31,
  422  2020 October 1, 2012.
  423         (b) All waters not outside of such established lines of
  424  demarcation, the Inland Navigational Rules Act of 1980, 33
  425  C.F.R. parts 83-90, as amended, through December 31, 2020
  426  October 1, 2012.
  427         Section 4. Section 327.04, Florida Statutes, is amended to
  428  read:
  429         327.04 Rules.—The commission may has authority to adopt
  430  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  431  provisions of this chapter, the provisions of chapter 705
  432  relating to vessels, and ss. 376.15 and 823.11 conferring powers
  433  or duties upon it.
  434         Section 5. Section 327.462, Florida Statutes, is created to
  435  read:
  436         327.462Temporary protection zones for spaceflight launches
  437  and recovery of spaceflight assets.—
  438         (1)As used in this section, the term:
  439         (a)“Launch services” means the conduct of a launch and
  440  activities involved in the preparation of a launch vehicle,
  441  payload, government astronaut, commercial astronaut, or
  442  spaceflight participant for such launch.
  443         (b)“Reentry services” means the conduct of a reentry and
  444  activities involved in the preparation of a reentry vehicle,
  445  payload, government astronaut, commercial astronaut, or
  446  spaceflight participant for such reentry.
  447         (c)“Spaceflight assets” means any item, or any part of an
  448  item, owned by a spaceflight entity which is used in launch
  449  services or reentry services, including crewed and uncrewed
  450  spacecraft, launch vehicles, parachutes and other landing aids,
  451  and any spacecraft or ancillary equipment that was attached to
  452  the launch vehicle during launch, orbit, or reentry.
  453         (d)“Spaceflight entity” has the same meaning as provided
  454  in s. 331.501.
  455         (2)The head of a law enforcement agency or entity
  456  identified in s. 327.70(1), or his or her designee, may, upon
  457  waters of this state within the law enforcement agency’s or
  458  entity’s jurisdiction, when necessary for preparations in
  459  advance of a launch service or reentry service or for the
  460  recovery of spaceflight assets before or after a launch service
  461  or reentry service, temporarily establish a protection zone
  462  requiring vessels to leave, or prohibiting vessels from
  463  entering, water bodies within:
  464         (a)Five hundred yards of where launch services, reentry
  465  services, or spaceflight asset recovery operations are being
  466  conducted; or
  467         (b)A distance greater than provided in paragraph (a) if
  468  the head of such law enforcement agency or entity, or his or her
  469  designee, determines such greater distance is in the best
  470  interest of public safety.
  471         (3)A protection zone established under subsection (2) may
  472  remain in effect only as long as necessary to ensure security
  473  around the launch and recovery areas and to recover spaceflight
  474  assets and any personnel being transported within a spacecraft
  475  following the launch or reentry activity. Such protection zone
  476  may not be in place more than 72 hours before or 72 hours after
  477  the launch. The head of a law enforcement agency or entity
  478  identified in s. 327.70, or his or her designee:
  479         (a)May also restrict vessels from operating within up to
  480  500 yards of any vessel transporting recovered spaceflight
  481  assets following a spaceflight launch or reentry while such
  482  vessel is continuously underway transporting such assets to a
  483  location for removal from the waters of this state; and
  484         (b)May not restrict vessel movement within the Florida
  485  Intracoastal Waterway, except as necessary during the transport
  486  of spaceflight assets to or from port or during exigent
  487  circumstances.
  488         (4)The head of a law enforcement agency or entity
  489  establishing a protection zone under this section, or his or her
  490  designee, must report the establishment of such protection zone
  491  via e-mail to the commission’s Division of Law Enforcement,
  492  Boating and Waterways Section, and to the appropriate United
  493  States Coast Guard Sector Command having responsibility over the
  494  water body, at least 72 hours before establishment of the
  495  protection zone. Such report must include the reasons for the
  496  protection zone, the portion of the water body or water bodies
  497  which will be included in the protection zone, and the duration
  498  of the protection zone. No later than 72 hours after the end of
  499  the protection zone period, the head of the law enforcement
  500  agency or entity, or his or her designee, must report via e-mail
  501  to the commission’s Division of Law Enforcement, Boating and
  502  Waterways Section, the details of all citations issued for
  503  violating the protection zone.
  504         (5)This section applies only to launch services, reentry
  505  services, or the recovery of spaceflight assets occurring or
  506  originating within spaceport territory, as defined in s.
  507  331.304, and to federally licensed or federally authorized
  508  launches and reentries occurring or transiting to an end
  509  destination upon waters of this state.
  510         (6)A person who violates this section or any directive
  511  given by a law enforcement officer relating to the establishment
  512  of a protection zone under this section after being advised of
  513  the establishment of the protection zone commits a misdemeanor
  514  of the second degree, punishable as provided in s. 775.082 or s.
  515  775.083.
  516         Section 6. Effective October 1, 2021, paragraphs (a) and
  517  (c) of subsection (1) of section 327.352, Florida Statutes, are
  518  amended to read:
  519         327.352 Tests for alcohol, chemical substances, or
  520  controlled substances; implied consent; refusal.—
  521         (1)(a)1. The Legislature declares that the operation of a
  522  vessel is a privilege that must be exercised in a reasonable
  523  manner. In order to protect the public health and safety, it is
  524  essential that a lawful and effective means of reducing the
  525  incidence of boating while impaired or intoxicated be
  526  established. Therefore, a any person who accepts the privilege
  527  extended by the laws of this state of operating a vessel within
  528  this state is, by so operating such vessel, deemed to have given
  529  his or her consent to submit to an approved chemical test or
  530  physical test including, but not limited to, an infrared light
  531  test of his or her breath for the purpose of determining the
  532  alcoholic content of his or her blood or breath if the person is
  533  lawfully arrested for any offense allegedly committed while the
  534  person was operating a vessel while under the influence of
  535  alcoholic beverages. The chemical or physical breath test must
  536  be incidental to a lawful arrest and administered at the request
  537  of a law enforcement officer who has reasonable cause to believe
  538  such person was operating the vessel within this state while
  539  under the influence of alcoholic beverages. The administration
  540  of a breath test does not preclude the administration of another
  541  type of test. The person shall be told that his or her failure
  542  to submit to any lawful test of his or her breath under this
  543  chapter will result in a civil penalty of $500, and shall also
  544  be told that if he or she refuses to submit to a lawful test of
  545  his or her breath and he or she has been previously fined under
  546  s. 327.35215 or has previously had his or her driver license
  547  suspended under s. 322.2615 for refusal to submit to any lawful
  548  test of his or her breath, urine, or blood, he or she commits a
  549  misdemeanor of the first degree, punishable as provided in s.
  550  775.082 or s. 775.083, in addition to any other penalties
  551  provided by law. The refusal to submit to a chemical or physical
  552  breath test upon the request of a law enforcement officer as
  553  provided in this section is admissible into evidence in any
  554  criminal proceeding.
  555         2. A Any person who accepts the privilege extended by the
  556  laws of this state of operating a vessel within this state is,
  557  by so operating such vessel, deemed to have given his or her
  558  consent to submit to a urine test for the purpose of detecting
  559  the presence of chemical substances as set forth in s. 877.111
  560  or controlled substances if the person is lawfully arrested for
  561  any offense allegedly committed while the person was operating a
  562  vessel while under the influence of chemical substances or
  563  controlled substances. The urine test must be incidental to a
  564  lawful arrest and administered at a detention facility or any
  565  other facility, mobile or otherwise, which is equipped to
  566  administer such tests at the request of a law enforcement
  567  officer who has reasonable cause to believe such person was
  568  operating a vessel within this state while under the influence
  569  of chemical substances or controlled substances. The urine test
  570  shall be administered at a detention facility or any other
  571  facility, mobile or otherwise, which is equipped to administer
  572  such test in a reasonable manner that will ensure the accuracy
  573  of the specimen and maintain the privacy of the individual
  574  involved. The administration of a urine test does not preclude
  575  the administration of another type of test. The person shall be
  576  told that his or her failure to submit to any lawful test of his
  577  or her urine under this chapter will result in a civil penalty
  578  of $500, and shall also be told that if he or she refuses to
  579  submit to a lawful test of his or her urine and he or she has
  580  been previously fined under s. 327.35215 or has previously had
  581  his or her driver license suspended under s. 322.2615 for
  582  refusal to submit to any lawful test of his or her breath,
  583  urine, or blood, he or she commits a misdemeanor of the first
  584  degree, punishable as provided in s. 775.082 or s. 775.083, in
  585  addition to any other penalties provided by law. The refusal to
  586  submit to a urine test upon the request of a law enforcement
  587  officer as provided in this section is admissible into evidence
  588  in any criminal proceeding.
  589         (c) A Any person who accepts the privilege extended by the
  590  laws of this state of operating a vessel within this state is,
  591  by operating such vessel, deemed to have given his or her
  592  consent to submit to an approved blood test for the purpose of
  593  determining the alcoholic content of the blood or a blood test
  594  for the purpose of determining the presence of chemical
  595  substances or controlled substances as provided in this section
  596  if there is reasonable cause to believe the person was operating
  597  a vessel while under the influence of alcoholic beverages or
  598  chemical or controlled substances and the person appears for
  599  treatment at a hospital, clinic, or other medical facility and
  600  the administration of a breath or urine test is impractical or
  601  impossible. As used in this paragraph, the term “other medical
  602  facility” includes an ambulance or other medical emergency
  603  vehicle. The blood test shall be performed in a reasonable
  604  manner. A Any person who is incapable of refusal by reason of
  605  unconsciousness or other mental or physical condition is deemed
  606  not to have withdrawn his or her consent to such test. A Any
  607  person who is capable of refusal shall be told that his or her
  608  failure to submit to such a blood test will result in a civil
  609  penalty of $500 and that a refusal to submit to a lawful test of
  610  his or her blood, if he or she has previously been fined for
  611  refusal to submit to any lawful test of his or her breath,
  612  urine, or blood, is a misdemeanor. The refusal to submit to a
  613  blood test upon the request of a law enforcement officer shall
  614  be admissible in evidence in any criminal proceeding.
  615         Section 7. Effective October 1, 2021, section 327.359,
  616  Florida Statutes, is amended to read:
  617         327.359 Refusal to submit to testing; penalties.—A Any
  618  person who has refused to submit to a chemical or physical test
  619  of his or her breath, blood, or urine, as described in s.
  620  327.352, and who has been previously fined under s. 327.35215 or
  621  has previously had his or her driver license suspended under s.
  622  322.2615 for refusal to submit to a lawful test of his or her
  623  breath, urine, or blood, and:
  624         (1) Who the arresting law enforcement officer had probable
  625  cause to believe was operating or in actual physical control of
  626  a vessel in this state while under the influence of alcoholic
  627  beverages, chemical substances, or controlled substances;
  628         (2) Who was placed under lawful arrest for a violation of
  629  s. 327.35 unless such test was requested pursuant to s.
  630  327.352(1)(c);
  631         (3) Who was informed that if he or she refused to submit to
  632  such test, he or she is subject to a fine of $500;
  633         (4) Who was informed that a refusal to submit to a lawful
  634  test of his or her breath or, urine, or blood, if he or she has
  635  been previously fined under s. 327.35215 or has previously had
  636  his or her driver license suspended under s. 322.2615 for
  637  refusal to submit to a lawful test of his or her breath, urine,
  638  or blood, is a misdemeanor of the first degree, punishable as
  639  provided in s. 775.082 or s. 775.083; and
  640         (5) Who, after having been so informed, refused to submit
  641  to any such test when requested to do so by a law enforcement
  642  officer or correctional officer commits a misdemeanor of the
  643  first degree, punishable and is subject to punishment as
  644  provided in s. 775.082 or s. 775.083.
  645         Section 8. Section 327.371, Florida Statutes, is created to
  646  read:
  647         327.371Human-powered vessels regulated.—
  648         (1)A person may operate a human-powered vessel within the
  649  boundaries of the marked channel of the Florida Intracoastal
  650  Waterway as defined in s. 327.02:
  651         (a)When the marked channel is the only navigable portion
  652  of the waterway available due to vessel congestion or
  653  obstructions on the water. The operator of the human-powered
  654  vessel shall proceed with diligence to a location where he or
  655  she may safely operate the vessel outside the marked channel of
  656  the Florida Intracoastal Waterway.
  657         (b)When crossing the marked channel, provided that the
  658  crossing is done in the most direct, continuous, and expeditious
  659  manner possible and does not interfere with other vessel traffic
  660  in the channel.
  661         (c)During an emergency endangering life or limb.
  662         (2)A person may not operate a human-powered vessel in the
  663  marked channel of the Florida Intracoastal Waterway except as
  664  provided in subsection (1).
  665         (3)A person who violates this section commits a
  666  noncriminal infraction, punishable as provided in s. 327.73.
  667         Section 9. Subsection (1) and paragraphs (a) and (b) of
  668  subsection (5) of section 327.391, Florida Statutes, are amended
  669  to read:
  670         327.391 Airboats regulated.—
  671         (1) The exhaust of every internal combustion engine used on
  672  any airboat operated on the waters of this state shall be
  673  provided with an automotive-style factory muffler, underwater
  674  exhaust, or other manufactured device capable of adequately
  675  muffling the sound of the exhaust of the engine as described in
  676  s. 327.02(31) s. 327.02(30). The use of cutouts or flex pipe as
  677  the sole source of muffling is prohibited, except as provided in
  678  subsection (4). A Any person who violates this subsection
  679  commits a noncriminal infraction, punishable as provided in s.
  680  327.73(1).
  681         (5)(a) Beginning July 1, 2019, A person may not operate an
  682  airboat to carry one or more passengers for hire on waters of
  683  this the state unless he or she has all of the following onboard
  684  the airboat:
  685         1. A photographic identification card.
  686         2. Proof of completion of a boater education course that
  687  complies with s. 327.395(2)(a) s. 327.395(1)(a). Except as
  688  provided in paragraph (b), no operator is exempt from this
  689  requirement, regardless of age or the exemptions provided under
  690  s. 327.395.
  691         3. Proof of successful completion of a commission-approved
  692  airboat operator course that meets the minimum standards
  693  established by commission rule.
  694         4. Proof of successful course completion in cardiopulmonary
  695  resuscitation and first aid.
  696         (b) A person issued a captain’s license by the United
  697  States Coast Guard is not required to complete a boating safety
  698  education course that complies with s. 327.395(2)(a) s.
  699  327.395(1)(a). Proof of the captain’s license must be onboard
  700  the airboat when carrying one or more passengers for hire on
  701  waters of this the state.
  702         Section 10. Section 327.395, Florida Statutes, is amended
  703  to read:
  704         327.395 Boating safety education.—
  705         (1) A person born on or after January 1, 1988, may not
  706  operate a vessel powered by a motor of 10 horsepower or greater
  707  unless such person has in his or her possession aboard the
  708  vessel the documents required by subsection (2).
  709         (2)While operating a vessel, a person identified under
  710  subsection (1) must have in his or her possession aboard the
  711  vessel photographic identification and a Florida boating safety
  712  identification card issued by the commission;, a state-issued
  713  identification card or driver license indicating possession of
  714  the Florida boating safety identification card;, or photographic
  715  identification and a temporary certificate issued or approved by
  716  the commission, an International Certificate of Competency, a
  717  boating safety card or certificate from another state or United
  718  States territory, or a Canadian Pleasure Craft Operator Card,
  719  which shows that he or she has:
  720         (a) Completed a commission-approved boating safety
  721  education course that meets the minimum requirements established
  722  by the National Association of State Boating Law Administrators;
  723  or
  724         (b) Passed a temporary certificate examination developed or
  725  approved by the commission;
  726         (c)A valid International Certificate of Competency; or
  727         (d)Completed a boating safety education course or
  728  equivalency examination in another state, a United States
  729  territory, or Canada which meets or exceeds the minimum
  730  requirements established by the National Association of State
  731  Boating Law Administrators.
  732         (3)(a)(2)(a) A person may obtain a Florida boating safety
  733  identification card by successfully completing a boating safety
  734  education course that meets the requirements of this section and
  735  rules adopted by the commission pursuant to this section.
  736         (b) A person may obtain a temporary certificate by passing
  737  a temporary certificate examination that meets the requirements
  738  of this section and rules adopted by the commission pursuant to
  739  this section.
  740         (4)(3)A Any commission-approved boating safety education
  741  course or temporary certificate examination developed or
  742  approved by the commission must include a component regarding
  743  diving vessels, awareness of divers in the water, divers-down
  744  warning devices, and the requirements of s. 327.331.
  745         (4)The commission may appoint liveries, marinas, or other
  746  persons as its agents to administer the course or temporary
  747  certificate examination and issue identification cards or
  748  temporary certificates in digital, electronic, or paper format
  749  under guidelines established by the commission. An agent must
  750  charge the $2 examination fee, which must be forwarded to the
  751  commission with proof of passage of the examination and may
  752  charge and keep a $1 service fee.
  753         (5) A Florida boating safety identification card issued to
  754  a person who has completed a boating safety education course is
  755  valid for life. A temporary certificate issued to a person who
  756  has passed a temporary certification examination is valid for 90
  757  days after the date of issuance. The commission may issue either
  758  the boating safety identification card or the temporary
  759  certificate in a digital, electronic, or paper format.
  760         (6) A person is exempt from subsection (1) if he or she:
  761         (a)1. Is licensed by the United States Coast Guard to serve
  762  as master of a vessel; or
  763         2.Has been previously licensed by the United States Coast
  764  Guard to serve as master of a vessel, provides proof of such
  765  licensure to the commission, and requests that a boating safety
  766  identification card be issued in his or her name.
  767         (b) Operates a vessel only on a private lake or pond.
  768         (c) Is accompanied in the vessel by a person who is exempt
  769  from this section or who holds a boating safety identification
  770  card in compliance with this section, who is 18 years of age or
  771  older, and who is attendant to the operation of the vessel and
  772  responsible for the safe operation of the vessel and for any
  773  violation that occurs during the operation of the vessel.
  774         (d) Is a nonresident who has in his or her possession
  775  photographic identification and proof that he or she has
  776  completed a boating safety education course or equivalency
  777  examination in another state or a United States territory which
  778  meets or exceeds the minimum requirements established by the
  779  National Association of State Boating Law Administrators.
  780         (e) Is operating a vessel within 90 days after the purchase
  781  of that vessel and has available for inspection aboard that
  782  vessel a bill of sale meeting the requirements of s. 328.46(1).
  783         (f) Is operating a vessel within 90 days after completing a
  784  boating safety education course in accordance with paragraph
  785  (2)(a) the requirements of paragraph (1)(a) and has a
  786  photographic identification card and a boating safety education
  787  certificate available for inspection as proof of having
  788  completed a boating safety education course. The boating safety
  789  education certificate must provide, at a minimum, the student’s
  790  first and last name, the student’s date of birth, and the date
  791  that he or she passed the course examination.
  792         (g) Is exempted by rule of the commission.
  793         (7) A person who operates a vessel in violation of this
  794  section subsection (1) commits a noncriminal infraction,
  795  punishable as provided in s. 327.73.
  796         (8) The commission shall institute and coordinate a
  797  statewide program of boating safety instruction and
  798  certification to ensure that boating safety courses and
  799  examinations are available in each county of this the state. The
  800  commission may appoint agents to administer the boating safety
  801  education course or temporary certificate examination and may
  802  authorize the agents to issue temporary certificates in digital,
  803  electronic, or paper format. An agent The agents shall charge
  804  and collect the $2 fee required in subsection (9) for each
  805  temporary certificate requested of the commission by that agent,
  806  which must be forwarded to the commission. The agent may charge
  807  and keep a $1 service fee.
  808         (9) The commission may is authorized to establish and to
  809  collect a $2 fee for each card and temporary certificate issued
  810  pursuant to this section.
  811         (10) The commission shall design forms and adopt rules
  812  pursuant to chapter 120 to implement the provisions of this
  813  section.
  814         (11) This section may be cited as the “Osmany ‘Ozzie’
  815  Castellanos Boating Safety Education Act.”
  816         Section 11. Present subsection (5) of section 327.4107,
  817  Florida Statutes, is redesignated as subsection (6), a new
  818  subsection (5) and subsection (7) are added to that section, and
  819  paragraphs (d) and (e) of subsection (2) of that section are
  820  amended, to read:
  821         327.4107 Vessels at risk of becoming derelict on waters of
  822  this state.—
  823         (2) An officer of the commission or of a law enforcement
  824  agency specified in s. 327.70 may determine that a vessel is at
  825  risk of becoming derelict if any of the following conditions
  826  exist:
  827         (d) The vessel is left or stored aground unattended in such
  828  a state that would prevent the vessel from getting underway, is
  829  listing due to water intrusion, or is sunk or partially sunk.
  830         (e) The vessel does not have an effective means of
  831  propulsion for safe navigation within 72 hours after the vessel
  832  owner or operator receives telephonic notice, in-person notice
  833  recorded on an agency-approved body camera, or written notice,
  834  which may be provided by facsimile, electronic mail, or other
  835  electronic means, stating such from an officer, and the vessel
  836  owner or operator is unable to provide a receipt, proof of
  837  purchase, or other documentation of having ordered necessary
  838  parts for vessel repair. The commission may adopt rules to
  839  implement this paragraph.
  840         (5)The commission, an officer of the commission, or a law
  841  enforcement agency or officer specified in s. 327.70 may
  842  relocate or cause to be relocated an at-risk vessel found to be
  843  in violation of this section to a distance greater than 20 feet
  844  from a mangrove or upland vegetation. The commission, an officer
  845  of the commission, or a law enforcement agency or officer acting
  846  pursuant to this subsection upon waters of this state shall be
  847  held harmless for all damages to the at-risk vessel resulting
  848  from such relocation unless the damage results from gross
  849  negligence or willful misconduct as these terms are defined in
  850  s. 823.11.
  851         (7)The commission may establish a derelict vessel
  852  prevention program to address vessels at risk of becoming
  853  derelict. Such program may, but is not required to, include:
  854         (a)Removal, relocation, and destruction of vessels
  855  declared a public nuisance, derelict or at risk of becoming
  856  derelict, or lost or abandoned in accordance with s. 327.53(7),
  857  s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
  858         (b)Creation of a vessel turn-in program allowing the owner
  859  of a vessel determined by law enforcement to be at risk of
  860  becoming derelict in accordance with this section to turn his or
  861  her vessel and vessel title over to the commission to be
  862  destroyed without penalty.
  863         (c)Providing for removal and destruction of an abandoned
  864  vessel for which an owner cannot be identified or the owner of
  865  which is deceased and no heir is interested in acquiring the
  866  vessel.
  867         (d)Purchase of anchor line, anchors, and other equipment
  868  necessary for securing vessels at risk of becoming derelict.
  869         (e)Creating or acquiring moorings designated for securing
  870  vessels at risk of becoming derelict.
  871  
  872  The commission may adopt rules to implement this subsection.
  873  Implementation of the derelict vessel prevention program shall
  874  be subject to appropriation by the Legislature and shall be
  875  funded by the Marine Resources Conservation Trust Fund or the
  876  Florida Coastal Protection Trust Fund.
  877         Section 12. Section 327.4108, Florida Statutes, is amended
  878  to read:
  879         327.4108 Anchoring of vessels in anchoring limitation
  880  areas.—
  881         (1) The following densely populated urban areas, which have
  882  narrow state waterways, residential docking facilities, and
  883  significant recreational boating traffic, are designated as
  884  anchoring limitation areas, within which a person may not anchor
  885  a vessel at any time during the period between one-half hour
  886  after sunset and one-half hour before sunrise, except as
  887  provided in subsections (3) and (4):
  888         (a) The section of Middle River lying between Northeast
  889  21st Court and the Intracoastal Waterway in Broward County.
  890         (b) Sunset Lake in Miami-Dade County.
  891         (c) The sections of Biscayne Bay in Miami-Dade County lying
  892  between:
  893         1. Rivo Alto Island and Di Lido Island.
  894         2. San Marino Island and San Marco Island.
  895         3. San Marco Island and Biscayne Island.
  896         (2)(a)Monroe County is designated as an anchoring
  897  limitation area within which a vessel may only be anchored in
  898  the same location for a maximum of 90 days. The commission shall
  899  adopt rules to implement this subsection.
  900         (b)This subsection does not apply to an approved and
  901  permitted mooring field or to privately owned submerged land.
  902         (c)Notwithstanding the commission rules adopted pursuant
  903  to this section, this section is not effective for Monroe County
  904  until the county approves, permits, and opens new moorings for
  905  public use, including at least 250 moorings within 1 mile of the
  906  Key West Bight City Dock and at least 50 moorings within the Key
  907  West Garrison Bight Mooring Field. Until such time, the
  908  commission shall designate the area within 1 mile of the Key
  909  West Bight City Dock as a priority for the expedited removal of
  910  derelict vessels.
  911         (2)To promote the public’s use and enjoyment of the
  912  designated waterway, except as provided in subsections (3) and
  913  (4), a person may not anchor a vessel at any time during the
  914  period between one-half hour after sunset and one-half hour
  915  before sunrise in an anchoring limitation area.
  916         (3) Notwithstanding subsections (1) and subsection (2), a
  917  person may anchor a vessel in an anchoring limitation area
  918  during a time that would otherwise be unlawful:
  919         (a) If the vessel suffers a mechanical failure that poses
  920  an unreasonable risk of harm to the vessel or the persons
  921  onboard unless the vessel anchors. The vessel may anchor for 3
  922  business days or until the vessel is repaired, whichever occurs
  923  first.
  924         (b) If imminent or existing weather conditions in the
  925  vicinity of the vessel pose an unreasonable risk of harm to the
  926  vessel or the persons onboard unless the vessel anchors. The
  927  vessel may anchor until weather conditions no longer pose such
  928  risk. During a hurricane or tropical storm, weather conditions
  929  are deemed to no longer pose an unreasonable risk of harm when
  930  the hurricane or tropical storm warning affecting the area has
  931  expired.
  932         (c) During events described in s. 327.48 or other special
  933  events, including, but not limited to, public music
  934  performances, local government waterfront activities, or
  935  fireworks displays. A vessel may anchor for the lesser of the
  936  duration of the special event or 3 days.
  937         (4) This section does not apply to:
  938         (a) Vessels owned or operated by a governmental entity for
  939  law enforcement, firefighting, military, or rescue purposes.
  940         (b) Construction or dredging vessels on an active job site.
  941         (c) Vessels actively engaged in commercial fishing.
  942         (d) Vessels engaged in recreational fishing if the persons
  943  onboard are actively tending hook and line fishing gear or nets.
  944         (5)(a) As used in this subsection, the term “law
  945  enforcement officer or agency” means an officer or agency
  946  authorized to enforce this section pursuant to s. 327.70.
  947         (b) A law enforcement officer or agency may remove a vessel
  948  from an anchoring limitation area and impound the vessel for up
  949  to 48 hours, or cause such removal and impoundment, if the
  950  vessel operator, after being issued a citation for a violation
  951  of this section:
  952         1. Anchors the vessel in violation of this section within
  953  12 hours after being issued the citation; or
  954         2. Refuses to leave the anchoring limitation area after
  955  being directed to do so by a law enforcement officer or agency.
  956         (c) A law enforcement officer or agency acting under this
  957  subsection to remove or impound a vessel, or to cause such
  958  removal or impoundment, shall be held harmless for any damage to
  959  the vessel resulting from such removal or impoundment unless the
  960  damage results from gross negligence or willful misconduct.
  961         (d) A contractor performing removal or impoundment services
  962  at the direction of a law enforcement officer or agency pursuant
  963  to this subsection must:
  964         1. Be licensed in accordance with United States Coast Guard
  965  regulations, as applicable.
  966         2. Obtain and carry a current policy issued by a licensed
  967  insurance carrier in this state to insure against any accident,
  968  loss, injury, property damage, or other casualty caused by or
  969  resulting from the contractor’s actions.
  970         3. Be properly equipped to perform such services.
  971         (e) In addition to the civil penalty imposed under s.
  972  327.73(1)(z), the operator of a vessel that is removed and
  973  impounded pursuant to paragraph (b) must pay all removal and
  974  storage fees before the vessel is released. A vessel removed
  975  pursuant to paragraph (b) may not be impounded for longer than
  976  48 hours.
  977         (6) A violation of this section is punishable as provided
  978  in s. 327.73(1)(z).
  979         (7) This section shall remain in effect notwithstanding the
  980  Legislature’s adoption of the commission’s recommendations for
  981  the regulation of mooring vessels outside of public mooring
  982  fields pursuant to s. 327.4105.
  983         Section 13. Paragraph (a) of subsection (1) and subsection
  984  (2) of section 327.4109, Florida Statutes, are amended to read:
  985         327.4109 Anchoring or mooring prohibited; exceptions;
  986  penalties.—
  987         (1)(a) The owner or operator of a vessel or floating
  988  structure may not anchor or moor such that the nearest approach
  989  of the anchored or moored vessel or floating structure is:
  990         1. Within 150 feet of any public or private marina, boat
  991  ramp, boatyard, or other public vessel launching or loading
  992  facility;
  993         2. Within 500 300 feet of a superyacht repair facility. For
  994  purposes of this subparagraph, the term “superyacht repair
  995  facility” means a facility that services or repairs a yacht with
  996  a water line of 120 feet or more in length; or
  997         3. Within 100 feet outward from the marked boundary of a
  998  public mooring field or a lesser distance if approved by the
  999  commission upon request of a local government within which the
 1000  mooring field is located. The commission may adopt rules to
 1001  implement this subparagraph.
 1002         (2) Notwithstanding subsection (1), an owner or operator of
 1003  a vessel may anchor or moor within 150 feet of any public or
 1004  private marina, boat ramp, boatyard, or other public vessel
 1005  launching or loading facility; within 500 300 feet of a
 1006  superyacht repair facility; or within 100 feet outward from the
 1007  marked boundary of a public mooring field if:
 1008         (a) The vessel suffers a mechanical failure that poses an
 1009  unreasonable risk of harm to the vessel or the persons onboard
 1010  such vessel. The owner or operator of the vessel may anchor or
 1011  moor for 5 business days or until the vessel is repaired,
 1012  whichever occurs first.
 1013         (b) Imminent or existing weather conditions in the vicinity
 1014  of the vessel pose an unreasonable risk of harm to the vessel or
 1015  the persons onboard such vessel. The owner or operator of the
 1016  vessel may anchor or moor until weather conditions no longer
 1017  pose such risk. During a hurricane or tropical storm, weather
 1018  conditions are deemed to no longer pose an unreasonable risk of
 1019  harm when the hurricane or tropical storm warning affecting the
 1020  area has expired.
 1021         Section 14. Subsection (2) of section 327.45, Florida
 1022  Statutes, is amended to read:
 1023         327.45 Protection zones for springs.—
 1024         (2) The commission may establish by rule protection zones
 1025  that restrict the speed and operation of vessels, or that
 1026  prohibit the anchoring, mooring, beaching, or grounding of
 1027  vessels, to protect and prevent harm to first, second, and third
 1028  magnitude springs and springs groups, including their associated
 1029  spring runs, as determined by the commission using the most
 1030  recent Florida Geological Survey springs bulletin. This harm
 1031  includes negative impacts to water quality, water quantity,
 1032  hydrology, wetlands, and aquatic and wetland-dependent species.
 1033         Section 15. Paragraph (b) of subsection (1) of section
 1034  327.46, Florida Statutes, is amended to read:
 1035         327.46 Boating-restricted areas.—
 1036         (1) Boating-restricted areas, including, but not limited
 1037  to, restrictions of vessel speeds and vessel traffic, may be
 1038  established on the waters of this state for any purpose
 1039  necessary to protect the safety of the public if such
 1040  restrictions are necessary based on boating accidents,
 1041  visibility, hazardous currents or water levels, vessel traffic
 1042  congestion, or other navigational hazards or to protect
 1043  seagrasses on privately owned submerged lands.
 1044         (b) Municipalities and counties may have the authority to
 1045  establish the following boating-restricted areas by ordinance,
 1046  including, notwithstanding the prohibition in s. 327.60(2)(c),
 1047  within the portion of the Florida Intracoastal Waterway within
 1048  their jurisdiction:
 1049         1. An ordinance establishing an idle speed, no wake
 1050  boating-restricted area, if the area is:
 1051         a. Within 500 feet of any boat ramp, hoist, marine railway,
 1052  or other launching or landing facility available for use by the
 1053  general boating public on waterways more than 300 feet in width
 1054  or within 300 feet of any boat ramp, hoist, marine railway, or
 1055  other launching or landing facility available for use by the
 1056  general boating public on waterways not exceeding 300 feet in
 1057  width.
 1058         b. Within 500 feet of fuel pumps or dispensers at any
 1059  marine fueling facility that sells motor fuel to the general
 1060  boating public on waterways more than 300 feet in width or
 1061  within 300 feet of the fuel pumps or dispensers at any licensed
 1062  terminal facility that sells motor fuel to the general boating
 1063  public on waterways not exceeding 300 feet in width.
 1064         c. Inside or within 300 feet of any lock structure.
 1065         2. An ordinance establishing a slow speed, minimum wake
 1066  boating-restricted area if the area is:
 1067         a. Within 300 feet of any bridge fender system.
 1068         b. Within 300 feet of any bridge span presenting a vertical
 1069  clearance of less than 25 feet or a horizontal clearance of less
 1070  than 100 feet.
 1071         c. On a creek, stream, canal, or similar linear waterway if
 1072  the waterway is less than 75 feet in width from shoreline to
 1073  shoreline.
 1074         d. On a lake or pond of less than 10 acres in total surface
 1075  area.
 1076         e.Within the boundaries of a permitted public mooring
 1077  field and a buffer around the mooring field of up to 100 feet.
 1078         3. An ordinance establishing a vessel-exclusion zone if the
 1079  area is:
 1080         a. Designated as a public bathing beach or swim area,
 1081  except that such areas may not be established within the Florida
 1082  Intracoastal Waterway.
 1083         b. Within 300 feet of a dam, spillway, or flood control
 1084  structure.
 1085         Section 16. Section 327.463, Florida Statutes, is created
 1086  to read:
 1087         327.463Special hazards.—
 1088         (1)For purposes of this section, a vessel:
 1089         (a)Is operating at slow speed, minimum wake only if it is:
 1090         1.Fully off plane and completely settled into the water;
 1091  and
 1092         2.Proceeding without wake or with minimum wake.
 1093  
 1094  A vessel that is required to operate at slow speed, minimum wake
 1095  may not proceed at a speed greater than a speed that is
 1096  reasonable and prudent to avoid the creation of an excessive
 1097  wake or other hazardous condition under the existing
 1098  circumstances.
 1099         (b)Is not proceeding at slow speed, minimum wake if it is:
 1100         1.Operating on plane;
 1101         2.In the process of coming off plane and settling into the
 1102  water or getting on plane; or
 1103         3.Operating at a speed that creates a wake that
 1104  unreasonably or unnecessarily endangers other vessels.
 1105         (2)A person may not operate a vessel faster than slow
 1106  speed, minimum wake within 300 feet of any emergency vessel,
 1107  including, but not limited to, a law enforcement vessel, United
 1108  States Coast Guard vessel, or firefighting vessel, when such
 1109  emergency vessel’s emergency lights are activated.
 1110         (3)(a)A person may not operate a vessel faster than slow
 1111  speed, minimum wake within 300 feet of any construction vessel
 1112  or barge when the vessel or barge is displaying an orange flag
 1113  from a pole extending:
 1114         1.At least 10 feet above the tallest portion of the vessel
 1115  or barge, indicating that the vessel or barge is actively
 1116  engaged in construction operations; or
 1117         2.At least 5 feet above any superstructure permanently
 1118  installed upon the vessel or barge, indicating that the vessel
 1119  or barge is actively engaged in construction operations.
 1120         (b)A flag displayed on a construction vessel or barge
 1121  pursuant to this subsection must:
 1122         1.Be at least 2 feet by 3 feet in size.
 1123         2.Have a wire or other stiffener or be otherwise
 1124  constructed to ensure that the flag remains fully unfurled and
 1125  extended in the absence of a wind or breeze.
 1126         3.Be displayed so that the visibility of the flag is not
 1127  obscured in any direction.
 1128         (c)In periods of low visibility, including any time
 1129  between 30 minutes after sunset and 30 minutes before sunrise, a
 1130  person may not be cited for a violation of this subsection
 1131  unless the orange flag is illuminated and visible from a
 1132  distance of at least 2 nautical miles. Such illumination does
 1133  not relieve the construction vessel or barge from complying with
 1134  all navigation rules.
 1135         (4)(a)A person operating a vessel in violation of this
 1136  section commits a noncriminal infraction, punishable as provided
 1137  in s. 327.73.
 1138         (b)The owner of, or party who is responsible for, a
 1139  construction vessel or barge who displays an orange flag on the
 1140  vessel or barge when it is not actively engaged in construction
 1141  operations commits a noncriminal infraction, punishable as
 1142  provided in s. 327.73.
 1143         (5)The speed and penalty provisions of this section do not
 1144  apply to a law enforcement, firefighting, or rescue vessel that
 1145  is owned or operated by a governmental entity.
 1146         Section 17. Paragraph (a) of subsection (1) of section
 1147  327.50, Florida Statutes, is amended to read:
 1148         327.50 Vessel safety regulations; equipment and lighting
 1149  requirements.—
 1150         (1)(a) The owner and operator of every vessel on the waters
 1151  of this state shall carry, store, maintain, and use safety
 1152  equipment in accordance with current United States Coast Guard
 1153  safety equipment requirements as specified in the Code of
 1154  Federal Regulations, unless expressly exempted by the commission
 1155  department.
 1156         Section 18. Paragraph (a) of subsection (6) and subsection
 1157  (7) of section 327.53, Florida Statutes, are amended, and
 1158  subsection (8) is added to that section, to read:
 1159         327.53 Marine sanitation.—
 1160         (6)(a) A violation of this section is a noncriminal
 1161  infraction, punishable as provided in s. 327.73. Each violation
 1162  shall be a separate offense. The owner and operator of any
 1163  vessel shall be jointly and severally liable for the civil
 1164  penalty imposed pursuant to this section.
 1165         (7) A Any vessel or floating structure operated or occupied
 1166  on the waters of this the state in violation of this section is
 1167  declared a nuisance and a hazard to public safety and health.
 1168  The owner or operator of a any vessel or floating structure
 1169  cited for violating this section shall, within 30 days following
 1170  the issuance of the citation, correct the violation for which
 1171  the citation was issued or remove the vessel or floating
 1172  structure from the waters of this the state. If the violation is
 1173  not corrected within the 30 days and the vessel or floating
 1174  structure remains on the waters of this the state in violation
 1175  of this section, law enforcement officers charged with the
 1176  enforcement of this chapter under s. 327.70 shall apply to the
 1177  appropriate court in the county in which the vessel or floating
 1178  structure is located, to order or otherwise cause the removal of
 1179  such vessel or floating structure from the waters of this the
 1180  state at the owner’s expense. If the owner cannot be found or
 1181  otherwise fails to pay the removal costs, the provisions of s.
 1182  328.17 shall apply. If the proceeds under s. 328.17 are not
 1183  sufficient to pay all removal costs, funds appropriated from the
 1184  Marine Resources Conservation Trust Fund pursuant to paragraph
 1185  (6)(b) or s. 328.72(15)(c) s. 328.72(16) may be used.
 1186         (8)The owner or operator of a live-aboard vessel as
 1187  defined in s. 327.02(23), or a houseboat as defined in s.
 1188  327.02(17), that is equipped with a marine sanitation device
 1189  must maintain a record of the date of each pumpout of the marine
 1190  sanitation device and the location of the pumpout station or
 1191  waste reception facility. Each record must be maintained for 1
 1192  year after the date of the pumpout.
 1193         Section 19. Subsection (2) of section 327.54, Florida
 1194  Statutes, is amended to read:
 1195         327.54 Liveries; safety regulations; penalty.—
 1196         (2) A livery may not knowingly lease, hire, or rent a any
 1197  vessel powered by a motor of 10 horsepower or greater to a any
 1198  person who is required to comply with s. 327.395, unless such
 1199  person presents to the livery photographic identification and a
 1200  valid boater safety identification card issued by the
 1201  commission, a state-issued identification card or driver license
 1202  indicating possession of the boating safety identification card,
 1203  or photographic identification and a valid temporary certificate
 1204  issued or approved by the commission as required under s.
 1205  327.395(2) s. 327.395(1), or meets the exemption provided under
 1206  s. 327.395(6)(f).
 1207         Section 20. Subsection (5) of section 327.60, Florida
 1208  Statutes, is amended to read:
 1209         327.60 Local regulations; limitations.—
 1210         (5) A local government may enact and enforce regulations to
 1211  implement the procedures for abandoned or lost property that
 1212  allow the local law enforcement agency to remove a vessel
 1213  affixed to a public dock or mooring within its jurisdiction that
 1214  is abandoned or lost property pursuant to s. 705.103(1). Such
 1215  regulation must require the local law enforcement agency to post
 1216  a written notice at least 24 hours before removing the vessel.
 1217         Section 21. Paragraphs (q), (s), and (aa) of subsection (1)
 1218  of section 327.73, Florida Statutes, are amended, and paragraphs
 1219  (cc) and (dd) are added to that subsection, to read:
 1220         327.73 Noncriminal infractions.—
 1221         (1) Violations of the following provisions of the vessel
 1222  laws of this state are noncriminal infractions:
 1223         (q) Section 327.53(1), (2), and (3), and (8), relating to
 1224  marine sanitation.
 1225         (s) Section 327.395, relating to boater safety education.
 1226  However, a person cited for violating the requirements of s.
 1227  327.395 relating to failure to have required proof of boating
 1228  safety education in his or her possession may not be convicted
 1229  if, before or at the time of a county court hearing, the person
 1230  produces proof of the boating safety education identification
 1231  card or temporary certificate for verification by the hearing
 1232  officer or the court clerk and the identification card or
 1233  temporary certificate was valid at the time the person was
 1234  cited.
 1235         (aa) Section 327.4107, relating to vessels at risk of
 1236  becoming derelict on waters of this state, for which the civil
 1237  penalty is:
 1238         1. For a first offense, $100 $50.
 1239         2. For a second offense occurring 30 days or more after a
 1240  first offense, $250 $100.
 1241         3. For a third or subsequent offense occurring 30 days or
 1242  more after a previous offense, $500 $250.
 1243  
 1244  A vessel that is the subject of three or more violations issued
 1245  pursuant to the same paragraph of s. 327.4107(2) within an 18
 1246  month period which result in dispositions other than acquittal
 1247  or dismissal shall be declared to be a public nuisance and
 1248  subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
 1249  an officer of the commission, or a law enforcement agency or
 1250  officer specified in s. 327.70 may relocate, remove, or cause to
 1251  be relocated or removed such public nuisance vessels from waters
 1252  of this state. The commission, an officer of the commission, or
 1253  a law enforcement agency or officer acting pursuant to this
 1254  paragraph upon waters of this state shall be held harmless for
 1255  all damages to the vessel resulting from such relocation or
 1256  removal unless the damage results from gross negligence or
 1257  willful misconduct as these terms are defined in s. 823.11.
 1258         (cc)Section 327.463(4)(a) and (b), relating to vessels
 1259  creating special hazards, for which the penalty is:
 1260         1.For a first offense, $50.
 1261         2.For a second offense occurring within 12 months after a
 1262  prior offense, $100.
 1263         3.For a third offense occurring within 36 months after a
 1264  prior offense, $250.
 1265         (dd)Section 327.371, relating to the regulation of human
 1266  powered vessels.
 1267  
 1268  Any person cited for a violation of any provision of this
 1269  subsection shall be deemed to be charged with a noncriminal
 1270  infraction, shall be cited for such an infraction, and shall be
 1271  cited to appear before the county court. The civil penalty for
 1272  any such infraction is $50, except as otherwise provided in this
 1273  section. Any person who fails to appear or otherwise properly
 1274  respond to a uniform boating citation shall, in addition to the
 1275  charge relating to the violation of the boating laws of this
 1276  state, be charged with the offense of failing to respond to such
 1277  citation and, upon conviction, be guilty of a misdemeanor of the
 1278  second degree, punishable as provided in s. 775.082 or s.
 1279  775.083. A written warning to this effect shall be provided at
 1280  the time such uniform boating citation is issued.
 1281         Section 22. Subsection (4) of section 328.09, Florida
 1282  Statutes, is amended to read:
 1283         328.09 Refusal to issue and authority to cancel a
 1284  certificate of title or registration.—
 1285         (4) The department may not issue a certificate of title to
 1286  an any applicant for a any vessel that has been deemed derelict
 1287  by a law enforcement officer under s. 376.15 or s. 823.11. A law
 1288  enforcement officer must inform the department in writing, which
 1289  may be provided by facsimile, electronic mail, or other
 1290  electronic means, of the vessel’s derelict status and supply the
 1291  department with the vessel title number or vessel identification
 1292  number. The department may issue a certificate of title once a
 1293  law enforcement officer has verified in writing, which may be
 1294  provided by facsimile, electronic mail, or other electronic
 1295  means, that the vessel is no longer a derelict vessel.
 1296         Section 23. Effective July 1, 2023, paragraph (e) of
 1297  subsection (3) of section 328.09, Florida Statutes, as amended
 1298  by section 12 of chapter 2019-76, Laws of Florida, is amended to
 1299  read:
 1300         328.09 Refusal to issue and authority to cancel a
 1301  certificate of title or registration.—
 1302         (3) Except as otherwise provided in subsection (4), the
 1303  department may reject an application for a certificate of title
 1304  only if:
 1305         (e) The application is for a vessel that has been deemed
 1306  derelict by a law enforcement officer under s. 376.15 or s.
 1307  823.11. In such case, a law enforcement officer must inform the
 1308  department in writing, which may be provided by facsimile, e
 1309  mail, or other electronic means, of the vessel’s derelict status
 1310  and supply the department with the vessel title number or vessel
 1311  identification number. The department may issue a certificate of
 1312  title once a law enforcement officer has verified in writing,
 1313  which may be provided by facsimile, e-mail, or other electronic
 1314  means, that the vessel is no longer a derelict vessel.
 1315         Section 24. Section 376.15, Florida Statutes, is amended to
 1316  read:
 1317         376.15 Derelict vessels; relocation or removal from public
 1318  waters of this state.—
 1319         (1) As used in this section, the term:
 1320         (a) “Commission” means the Fish and Wildlife Conservation
 1321  Commission.
 1322         (b) “Gross negligence” means conduct so reckless or wanting
 1323  in care that it constitutes a conscious disregard or
 1324  indifference to the safety of the property exposed to such
 1325  conduct.
 1326         (c) “Willful misconduct” means conduct evidencing
 1327  carelessness or negligence of such a degree or recurrence as to
 1328  manifest culpability, wrongful intent, or evil design or to show
 1329  an intentional and substantial disregard of the interests of the
 1330  vessel owner.
 1331         (2)(a) It is unlawful for any person, firm, or corporation
 1332  to store, leave, or abandon any derelict vessel as defined in s.
 1333  823.11 upon the waters of in this state. For purposes of this
 1334  paragraph, the term “leave” means to allow a vessel to remain
 1335  occupied or unoccupied on the waters of this state for more than
 1336  24 hours.
 1337         (b)Notwithstanding paragraph (a), a person who owns or
 1338  operates a vessel that becomes derelict upon the waters of this
 1339  state solely as a result of a boating accident that is reported
 1340  to law enforcement in accordance with s. 327.301 or otherwise
 1341  reported to law enforcement; a hurricane; or another sudden
 1342  event outside of his or her control may not be charged with a
 1343  violation if:
 1344         1.The individual documents for law enforcement the
 1345  specific event that led to the vessel being derelict upon the
 1346  waters of this state; and
 1347         2.The vessel has been removed from the waters of this
 1348  state or has been repaired or addressed such that it is no
 1349  longer derelict upon the waters of this state:
 1350         a.For a vessel that has become derelict as a result of a
 1351  boating accident or other sudden event outside of his or her
 1352  control, within 7 days after such accident or event; or
 1353         b.Within 45 days after the hurricane has passed over this
 1354  state.
 1355         (c)This subsection does not apply to a vessel that was
 1356  derelict upon the waters of this state before the stated
 1357  accident or event.
 1358         (3)(a) The commission, an officer officers of the
 1359  commission, or a and any law enforcement agency or officer
 1360  specified in s. 327.70 may are authorized and empowered to
 1361  relocate, remove, store, destroy, or dispose of or cause to be
 1362  relocated, or removed, stored, destroyed, or disposed of a any
 1363  derelict vessel as defined in s. 823.11 from public waters of
 1364  this state as defined in s. 327.02. All costs, including costs
 1365  owed to a third party, incurred by the commission or other law
 1366  enforcement agency in the relocation, or removal, storage,
 1367  destruction, or disposal of any abandoned or derelict vessel are
 1368  recoverable against the owner of the vessel or the party
 1369  determined to be legally responsible for the vessel being upon
 1370  the waters of this state in a derelict condition. The Department
 1371  of Legal Affairs shall represent the commission in actions to
 1372  recover such costs.
 1373         (b) The commission, an officer officers of the commission,
 1374  or a and any other law enforcement agency or officer specified
 1375  in s. 327.70 acting pursuant to under this section to relocate,
 1376  remove, store, destroy, or dispose of or cause to be relocated,
 1377  or removed, stored, destroyed, or disposed of a derelict vessel
 1378  from public waters of this state as defined in s. 327.02 shall
 1379  be held harmless for all damages to the derelict vessel
 1380  resulting from such action relocation or removal unless the
 1381  damage results from gross negligence or willful misconduct as
 1382  these terms are defined in s. 823.11.
 1383         (c) A contractor performing relocation or removal
 1384  activities at the direction of the commission, an officer
 1385  officers of the commission, or a law enforcement agency or
 1386  officer, or a governmental subdivision, when the governmental
 1387  subdivision has received authorization for the relocation or
 1388  removal from a law enforcement officer or agency pursuant to
 1389  this section, must be licensed in accordance with applicable
 1390  United States Coast Guard regulations where required; obtain and
 1391  carry in full force and effect a policy from a licensed
 1392  insurance carrier in this state to insure against any accident,
 1393  loss, injury, property damage, or other casualty caused by or
 1394  resulting from the contractor’s actions; and be properly
 1395  equipped to perform the services to be provided.
 1396         (d) The commission may establish a program to provide
 1397  grants to local governments for the removal, storage,
 1398  destruction, and disposal of derelict vessels from the public
 1399  waters of this the state as defined in s. 327.02. The program
 1400  shall be funded from the Marine Resources Conservation Trust
 1401  Fund or the Florida Coastal Protection Trust Fund.
 1402  Notwithstanding the provisions in s. 216.181(11), funds
 1403  available for grants may only be authorized by appropriations
 1404  acts of the Legislature. In a given fiscal year, if all funds
 1405  appropriated pursuant to this paragraph are not requested by and
 1406  granted to local governments for the removal, storage,
 1407  destruction, and disposal of derelict vessels by the end of the
 1408  third quarter, the Fish and Wildlife Conservation Commission may
 1409  use the remainder of the funds to remove, store, destroy, and
 1410  dispose of, or to pay private contractors to remove, store,
 1411  destroy, and dispose of, derelict vessels.
 1412         (e) The commission shall adopt by rule procedures for
 1413  submitting a grant application and criteria for allocating
 1414  available funds. Such criteria shall include, but not be limited
 1415  to, the following:
 1416         1. The number of derelict vessels within the jurisdiction
 1417  of the applicant.
 1418         2. The threat posed by such vessels to public health or
 1419  safety, the environment, navigation, or the aesthetic condition
 1420  of the general vicinity.
 1421         3. The degree of commitment of the local government to
 1422  maintain waters free of abandoned and derelict vessels and to
 1423  seek legal action against those who abandon vessels in the
 1424  waters of this the state as defined in s. 327.02.
 1425         (f) This section constitutes the authority for such removal
 1426  but is not intended to be in contravention of any applicable
 1427  federal act.
 1428         Section 25. Subsections (2) and (4) of section 705.103,
 1429  Florida Statutes, are amended to read:
 1430         705.103 Procedure for abandoned or lost property.—
 1431         (2)(a)1. Whenever a law enforcement officer ascertains
 1432  that:
 1433         a. An article of lost or abandoned property other than a
 1434  derelict vessel or a vessel declared a public nuisance pursuant
 1435  to s. 327.73(1)(aa) is present on public property and is of such
 1436  nature that it cannot be easily removed, the officer shall cause
 1437  a notice to be placed upon such article in substantially the
 1438  following form:
 1439  
 1440  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1441  PROPERTY. This property, to wit: ...(setting forth brief
 1442  description)... is unlawfully upon public property known as
 1443  ...(setting forth brief description of location)... and must be
 1444  removed within 5 days; otherwise, it will be removed and
 1445  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1446  will be liable for the costs of removal, storage, and
 1447  publication of notice. Dated this: ...(setting forth the date of
 1448  posting of notice)..., signed: ...(setting forth name, title,
 1449  address, and telephone number of law enforcement officer)....
 1450  
 1451         b.A derelict vessel or a vessel declared a public nuisance
 1452  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1453  state, the officer shall cause a notice to be placed upon such
 1454  vessel in substantially the following form:
 1455  
 1456  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1457  VESSEL. This vessel, to wit: ...(setting forth brief
 1458  description)... has been determined to be (derelict or a public
 1459  nuisance) and is unlawfully upon waters of this state
 1460  ...(setting forth brief description of location)... and must be
 1461  removed within 21 days; otherwise, it will be removed and
 1462  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1463  and other interested parties have the right to a hearing to
 1464  challenge the determination that this vessel is derelict or
 1465  otherwise in violation of the law. Please contact ...(contact
 1466  information for person who can arrange for a hearing in
 1467  accordance with this section).... The owner or the party
 1468  determined to be legally responsible for the vessel being upon
 1469  the waters of this state in a derelict condition will be liable
 1470  for the costs of removal, destruction, and disposal if this
 1471  vessel is not removed by the owner. Dated this: ...(setting
 1472  forth the date of posting of notice)..., signed: ...(setting
 1473  forth name, title, address, and telephone number of law
 1474  enforcement officer)....
 1475         2.The notices required under subparagraph 1. may Such
 1476  notice shall be not be less than 8 inches by 10 inches and shall
 1477  be sufficiently weatherproof to withstand normal exposure to the
 1478  elements. In addition to posting, the law enforcement officer
 1479  shall make a reasonable effort to ascertain the name and address
 1480  of the owner. If such is reasonably available to the officer,
 1481  she or he shall mail a copy of such notice to the owner on or
 1482  before the date of posting. If the property is a motor vehicle
 1483  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1484  the law enforcement agency shall contact the Department of
 1485  Highway Safety and Motor Vehicles in order to determine the name
 1486  and address of the owner and any person who has filed a lien on
 1487  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1488  328.15(1). On receipt of this information, the law enforcement
 1489  agency shall mail a copy of the notice by certified mail, return
 1490  receipt requested, to the owner and to the lienholder, if any,
 1491  except that a law enforcement officer who has issued a citation
 1492  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1493  derelict vessel is not required to mail a copy of the notice by
 1494  certified mail, return receipt requested, to the owner. For a
 1495  derelict vessel or a vessel declared a public nuisance pursuant
 1496  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1497  responsible party that he or she has a right to a hearing to
 1498  dispute the determination that the vessel is derelict or
 1499  otherwise in violation of the law. If a request for a hearing is
 1500  made, a state agency shall follow the processes set forth in s.
 1501  120.569. Local governmental entities shall follow the processes
 1502  set forth in s. 120.569, except that a local judge, magistrate,
 1503  or code enforcement officer may be designated to conduct such a
 1504  hearing. If, at the end of 5 days after posting the notice in
 1505  sub-subparagraph 1.a., or at the end of 21 days after posting
 1506  the notice in sub-subparagraph 1.b., and mailing such notice, if
 1507  required, the owner or any person interested in the lost or
 1508  abandoned article or articles described has not removed the
 1509  article or articles from public property or shown reasonable
 1510  cause for failure to do so, and, in the case of a derelict
 1511  vessel or a vessel declared a public nuisance pursuant to s.
 1512  327.73(1)(aa), has not requested a hearing in accordance with
 1513  this section, the following shall apply:
 1514         a.(a) For abandoned property other than a derelict vessel
 1515  or a vessel declared a public nuisance pursuant to s.
 1516  327.73(1)(aa), the law enforcement agency may retain any or all
 1517  of the property for its own use or for use by the state or unit
 1518  of local government, trade such property to another unit of
 1519  local government or state agency, donate the property to a
 1520  charitable organization, sell the property, or notify the
 1521  appropriate refuse removal service.
 1522         b.For a derelict vessel or a vessel declared a public
 1523  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1524  agency or its designee may:
 1525         (I)Remove the vessel from the waters of this state and
 1526  destroy and dispose of the vessel or authorize another
 1527  governmental entity or its designee to do so; or
 1528         (II)Authorize the vessel’s use as an artificial reef in
 1529  accordance with s. 379.249 if all necessary federal, state, and
 1530  local authorizations are received.
 1531  
 1532  A law enforcement agency or its designee may also take action as
 1533  described in this sub-subparagraph if, following a hearing
 1534  pursuant to this section, the judge, magistrate, administrative
 1535  law judge, or hearing officer has determined the vessel to be
 1536  derelict as provided in s. 823.11 or otherwise in violation of
 1537  the law in accordance with s. 327.73(1)(aa) and a final order
 1538  has been entered or the case is otherwise closed.
 1539         (b) For lost property, the officer shall take custody and
 1540  the agency shall retain custody of the property for 90 days. The
 1541  agency shall publish notice of the intended disposition of the
 1542  property, as provided in this section, during the first 45 days
 1543  of this time period.
 1544         1. If the agency elects to retain the property for use by
 1545  the unit of government, donate the property to a charitable
 1546  organization, surrender such property to the finder, sell the
 1547  property, or trade the property to another unit of local
 1548  government or state agency, notice of such election shall be
 1549  given by an advertisement published once a week for 2
 1550  consecutive weeks in a newspaper of general circulation in the
 1551  county where the property was found if the value of the property
 1552  is more than $100. If the value of the property is $100 or less,
 1553  notice shall be given by posting a description of the property
 1554  at the law enforcement agency where the property was turned in.
 1555  The notice must be posted for not less than 2 consecutive weeks
 1556  in a public place designated by the law enforcement agency. The
 1557  notice must describe the property in a manner reasonably
 1558  adequate to permit the rightful owner of the property to claim
 1559  it.
 1560         2. If the agency elects to sell the property, it must do so
 1561  at public sale by competitive bidding. Notice of the time and
 1562  place of the sale shall be given by an advertisement of the sale
 1563  published once a week for 2 consecutive weeks in a newspaper of
 1564  general circulation in the county where the sale is to be held.
 1565  The notice shall include a statement that the sale shall be
 1566  subject to any and all liens. The sale must be held at the
 1567  nearest suitable place to that where the lost or abandoned
 1568  property is held or stored. The advertisement must include a
 1569  description of the goods and the time and place of the sale. The
 1570  sale may take place no earlier than 10 days after the final
 1571  publication. If there is no newspaper of general circulation in
 1572  the county where the sale is to be held, the advertisement shall
 1573  be posted at the door of the courthouse and at three other
 1574  public places in the county at least 10 days prior to sale.
 1575  Notice of the agency’s intended disposition shall describe the
 1576  property in a manner reasonably adequate to permit the rightful
 1577  owner of the property to identify it.
 1578         (4) The owner of any abandoned or lost property, or in the
 1579  case of a derelict vessel, the owner or other party determined
 1580  to be legally responsible for the vessel being upon the waters
 1581  of this state in a derelict condition, who, after notice as
 1582  provided in this section, does not remove such property within
 1583  the specified period shall be liable to the law enforcement
 1584  agency, other governmental entity, or the agency’s or entity’s
 1585  designee for all costs of removal, storage, and destruction of
 1586  such property, less any salvage value obtained by disposal of
 1587  the property. Upon final disposition of the property, the law
 1588  enforcement officer or representative of the law enforcement
 1589  agency or other governmental entity shall notify the owner, if
 1590  known, of the amount owed. In the case of an abandoned vessel or
 1591  motor vehicle, any person who neglects or refuses to pay such
 1592  amount is not entitled to be issued a certificate of
 1593  registration for such vessel or motor vehicle, or any other
 1594  vessel or motor vehicle, until such costs have been paid. A
 1595  person who has neglected or refused to pay all costs of removal,
 1596  storage, disposal, and destruction of a vessel or motor vehicle
 1597  as provided in this section, after having been provided written
 1598  notice via certified mail that such costs are owed, and who
 1599  applies for and is issued a registration for a vessel or motor
 1600  vehicle before such costs have been paid in full commits a
 1601  misdemeanor of the first degree, punishable as provided in s.
 1602  775.082 or s. 775.083. The law enforcement officer or
 1603  representative of the law enforcement agency or other
 1604  governmental entity shall supply the Department of Highway
 1605  Safety and Motor Vehicles with a list of persons whose vessel
 1606  registration privileges and or whose motor vehicle privileges
 1607  have been revoked under this subsection. Neither The department
 1608  or a nor any other person acting as an agent of the department
 1609  may not thereof shall issue a certificate of registration to a
 1610  person whose vessel and or motor vehicle registration privileges
 1611  have been revoked, as provided by this subsection, until such
 1612  costs have been paid.
 1613         Section 26. Effective July 1, 2023, subsection (2) of
 1614  section 705.103, Florida Statutes, as amended by section 29 of
 1615  chapter 2019-76, Laws of Florida, is amended to read:
 1616         705.103 Procedure for abandoned or lost property.—
 1617         (2)(a)1. Whenever a law enforcement officer ascertains
 1618  that:
 1619         a. An article of lost or abandoned property other than a
 1620  derelict vessel or a vessel declared a public nuisance pursuant
 1621  to s. 327.73(1)(aa) is present on public property and is of such
 1622  nature that it cannot be easily removed, the officer shall cause
 1623  a notice to be placed upon such article in substantially the
 1624  following form:
 1625  
 1626  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1627  PROPERTY. This property, to wit: ...(setting forth brief
 1628  description)... is unlawfully upon public property known as
 1629  ...(setting forth brief description of location)... and must be
 1630  removed within 5 days; otherwise, it will be removed and
 1631  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1632  will be liable for the costs of removal, storage, and
 1633  publication of notice. Dated this: ...(setting forth the date of
 1634  posting of notice)..., signed: ...(setting forth name, title,
 1635  address, and telephone number of law enforcement officer)....
 1636  
 1637         b.A derelict vessel or a vessel declared a public nuisance
 1638  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1639  state, the officer shall cause a notice to be placed upon such
 1640  vessel in substantially the following form:
 1641  
 1642  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1643  VESSEL. This vessel, to wit: ...(setting forth brief description
 1644  of location)... has been determined to be (derelict or a public
 1645  nuisance) and is unlawfully upon the waters of this state
 1646  ...(setting forth brief description of location)... and must be
 1647  removed within 21 days; otherwise, it will be removed and
 1648  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1649  and other interested parties have the right to a hearing to
 1650  challenge the determination that this vessel is derelict or
 1651  otherwise in violation of the law. Please contact ...(contact
 1652  information for person who can arrange for a hearing in
 1653  accordance with this section)... The owner or the party
 1654  determined to be legally responsible for the vessel being upon
 1655  the waters of this state in a derelict condition will be liable
 1656  for the costs of removal, destruction, and disposal if this
 1657  vessel is not removed by the owner. Dated this: ...(setting
 1658  forth the date of posting of notice)..., signed: ...(setting
 1659  forth name, title, address, and telephone number of law
 1660  enforcement officer)....
 1661  
 1662         2.The notices required under subparagraph 1. may Such
 1663  notice shall be not be less than 8 inches by 10 inches and shall
 1664  be sufficiently weatherproof to withstand normal exposure to the
 1665  elements. In addition to posting, the law enforcement officer
 1666  shall make a reasonable effort to ascertain the name and address
 1667  of the owner. If such is reasonably available to the officer,
 1668  she or he shall mail a copy of such notice to the owner on or
 1669  before the date of posting. If the property is a motor vehicle
 1670  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1671  the law enforcement agency shall contact the Department of
 1672  Highway Safety and Motor Vehicles in order to determine the name
 1673  and address of the owner and any person who has filed a lien on
 1674  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1675  328.15. On receipt of this information, the law enforcement
 1676  agency shall mail a copy of the notice by certified mail, return
 1677  receipt requested, to the owner and to the lienholder, if any,
 1678  except that a law enforcement officer who has issued a citation
 1679  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1680  derelict vessel is not required to mail a copy of the notice by
 1681  certified mail, return receipt requested, to the owner. For a
 1682  derelict vessel or a vessel declared a public nuisance pursuant
 1683  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1684  responsible party that he or she has a right to a hearing to
 1685  dispute the determination that the vessel is derelict or
 1686  otherwise in violation of the law. If a request for a hearing is
 1687  made, a state agency shall follow the processes as set forth in
 1688  s. 120.569. Local governmental entities shall follow the
 1689  processes set forth in s. 120.569, except that a local judge,
 1690  magistrate, or code enforcement officer may be designated to
 1691  conduct such a hearing. If, at the end of 5 days after posting
 1692  the notice in sub-subparagraph 1.a., or at the end of 21 days
 1693  after posting the notice in sub-subparagraph 1.b., and mailing
 1694  such notice, if required, the owner or any person interested in
 1695  the lost or abandoned article or articles described has not
 1696  removed the article or articles from public property or shown
 1697  reasonable cause for failure to do so, and, in the case of a
 1698  derelict vessel or a vessel declared a public nuisance pursuant
 1699  to s. 327.73(1)(aa), has not requested a hearing in accordance
 1700  with this section, the following shall apply:
 1701         a.(a) For abandoned property other than a derelict vessel
 1702  or a vessel declared a public nuisance pursuant to s.
 1703  327.73(1)(aa), the law enforcement agency may retain any or all
 1704  of the property for its own use or for use by the state or unit
 1705  of local government, trade such property to another unit of
 1706  local government or state agency, donate the property to a
 1707  charitable organization, sell the property, or notify the
 1708  appropriate refuse removal service.
 1709         b.For a derelict vessel or a vessel declared a public
 1710  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1711  agency or its designee may:
 1712         (I)Remove the vessel from the waters of this state and
 1713  destroy and dispose of the vessel or authorize another
 1714  governmental entity or its designee to do so; or
 1715         (II)Authorize the vessel’s use as an artificial reef in
 1716  accordance with s. 379.249 if all necessary federal, state, and
 1717  local authorizations are received.
 1718  
 1719  A law enforcement agency or its designee may also take action as
 1720  described in this sub-subparagraph if, following a hearing
 1721  pursuant to this section, the judge, magistrate, administrative
 1722  law judge, or hearing officer has determined the vessel to be
 1723  derelict as provided in s. 823.11 or otherwise in violation of
 1724  the law in accordance with s. 327.73(1)(aa) and a final order
 1725  has been entered or the case is otherwise closed.
 1726         (b) For lost property, the officer shall take custody and
 1727  the agency shall retain custody of the property for 90 days. The
 1728  agency shall publish notice of the intended disposition of the
 1729  property, as provided in this section, during the first 45 days
 1730  of this time period.
 1731         1. If the agency elects to retain the property for use by
 1732  the unit of government, donate the property to a charitable
 1733  organization, surrender such property to the finder, sell the
 1734  property, or trade the property to another unit of local
 1735  government or state agency, notice of such election shall be
 1736  given by an advertisement published once a week for 2
 1737  consecutive weeks in a newspaper of general circulation in the
 1738  county where the property was found if the value of the property
 1739  is more than $100. If the value of the property is $100 or less,
 1740  notice shall be given by posting a description of the property
 1741  at the law enforcement agency where the property was turned in.
 1742  The notice must be posted for not less than 2 consecutive weeks
 1743  in a public place designated by the law enforcement agency. The
 1744  notice must describe the property in a manner reasonably
 1745  adequate to permit the rightful owner of the property to claim
 1746  it.
 1747         2. If the agency elects to sell the property, it must do so
 1748  at public sale by competitive bidding. Notice of the time and
 1749  place of the sale shall be given by an advertisement of the sale
 1750  published once a week for 2 consecutive weeks in a newspaper of
 1751  general circulation in the county where the sale is to be held.
 1752  The notice shall include a statement that the sale shall be
 1753  subject to any and all liens. The sale must be held at the
 1754  nearest suitable place to that where the lost or abandoned
 1755  property is held or stored. The advertisement must include a
 1756  description of the goods and the time and place of the sale. The
 1757  sale may take place no earlier than 10 days after the final
 1758  publication. If there is no newspaper of general circulation in
 1759  the county where the sale is to be held, the advertisement shall
 1760  be posted at the door of the courthouse and at three other
 1761  public places in the county at least 10 days prior to sale.
 1762  Notice of the agency’s intended disposition shall describe the
 1763  property in a manner reasonably adequate to permit the rightful
 1764  owner of the property to identify it.
 1765         Section 27. Subsections (1), (2), and (3) of section
 1766  823.11, Florida Statutes, are amended to read:
 1767         823.11 Derelict vessels; relocation or removal; penalty.—
 1768         (1) As used in this section and s. 376.15, the term:
 1769         (a) “Commission” means the Fish and Wildlife Conservation
 1770  Commission.
 1771         (b) “Derelict vessel” means a vessel, as defined in s.
 1772  327.02, that is left, stored, or abandoned:
 1773         1. In a wrecked, junked, or substantially dismantled
 1774  condition upon any public waters of this state.
 1775         a.A vessel is wrecked if it is sunken or sinking; aground
 1776  without the ability to extricate itself absent mechanical
 1777  assistance; or remaining after a marine casualty, including, but
 1778  not limited to, a boating accident, extreme weather, or a fire.
 1779         b.A vessel is junked if it has been substantially stripped
 1780  of vessel components, if vessel components have substantially
 1781  degraded or been destroyed, or if the vessel has been discarded
 1782  by the owner or operator. Attaching an outboard motor to a
 1783  vessel that is otherwise junked will not cause the vessel to no
 1784  longer be junked if such motor is not an effective means of
 1785  propulsion as required by s. 327.4107(2)(e) and associated
 1786  rules.
 1787         c.A vessel is substantially dismantled if at least two of
 1788  the three following vessel systems or components are missing,
 1789  compromised, incomplete, inoperable, or broken:
 1790         (I)The steering system;
 1791         (II)The propulsion system; or
 1792         (III)The exterior hull integrity.
 1793  
 1794  Attaching an outboard motor to a vessel that is otherwise
 1795  substantially dismantled will not cause the vessel to no longer
 1796  be substantially dismantled if such motor is not an effective
 1797  means of propulsion as required by s. 327.4107(2)(e) and
 1798  associated rules.
 1799         2. At a port in this state without the consent of the
 1800  agency having jurisdiction thereof.
 1801         3. Docked, grounded, or beached upon the property of
 1802  another without the consent of the owner of the property.
 1803         (c) “Gross negligence” means conduct so reckless or wanting
 1804  in care that it constitutes a conscious disregard or
 1805  indifference to the safety of the property exposed to such
 1806  conduct.
 1807         (d) “Willful misconduct” means conduct evidencing
 1808  carelessness or negligence of such a degree or recurrence as to
 1809  manifest culpability, wrongful intent, or evil design or to show
 1810  an intentional and substantial disregard of the interests of the
 1811  vessel owner.
 1812         (2)(a)It is unlawful for A person, firm, or corporation
 1813  may not to store, leave, or abandon any derelict vessel upon
 1814  waters of in this state. For purposes of this paragraph, the
 1815  term “leave” means to allow a vessel to remain occupied or
 1816  unoccupied on the waters of this state for more than 24 hours.
 1817         (b)Notwithstanding paragraph (a), a person who owns or
 1818  operates a vessel that becomes derelict upon the waters of this
 1819  state solely as a result of a boating accident that is reported
 1820  to law enforcement in accordance with s. 327.301 or otherwise
 1821  reported to law enforcement; a hurricane; or another sudden
 1822  event outside of his or her control may not be charged with a
 1823  violation if:
 1824         1.The individual documents for law enforcement the
 1825  specific event that led to the vessel being derelict upon the
 1826  waters of this state; and
 1827         2.The vessel has been removed from the waters of this
 1828  state or has been repaired or addressed such that it is no
 1829  longer derelict upon the waters of this state:
 1830         a.For a vessel that has become derelict as a result of a
 1831  boating accident or other sudden event outside of his or her
 1832  control, within 7 days after such accident or event; or
 1833         b.Within 45 days after the hurricane has passed over the
 1834  state.
 1835         (c)This subsection does not apply to a vessel that was
 1836  derelict upon the waters of this state before the stated
 1837  accident or event.
 1838         (3) The commission, an officer officers of the commission,
 1839  or a and any law enforcement agency or officer specified in s.
 1840  327.70 may are authorized and empowered to relocate, remove,
 1841  store, destroy, or dispose of or cause to be relocated, or
 1842  removed, stored, destroyed, or disposed of a derelict vessel
 1843  from public waters of this state as defined in s. 327.02 if the
 1844  derelict vessel obstructs or threatens to obstruct navigation or
 1845  in any way constitutes a danger to the environment, property, or
 1846  persons. The commission, an officer officers of the commission,
 1847  or any other law enforcement agency or officer acting pursuant
 1848  to under this subsection to relocate, remove, store, destroy,
 1849  dispose of or cause to be relocated, or removed, stored,
 1850  destroyed, or disposed of a derelict vessel from public waters
 1851  of this state shall be held harmless for all damages to the
 1852  derelict vessel resulting from such action relocation or removal
 1853  unless the damage results from gross negligence or willful
 1854  misconduct.
 1855         (a) Removal of derelict vessels under this subsection may
 1856  be funded by grants provided in ss. 206.606 and 376.15. The
 1857  commission shall implement a plan for the procurement of any
 1858  available federal disaster funds and use such funds for the
 1859  removal of derelict vessels.
 1860         (b) All costs, including costs owed to a third party,
 1861  incurred by the commission, another or other law enforcement
 1862  agency, or a governmental subdivision, when the governmental
 1863  subdivision has received authorization from a law enforcement
 1864  officer or agency, in the relocation, or removal, storage,
 1865  destruction, or disposal of a derelict vessel are recoverable
 1866  against the vessel owner or the party determined to be legally
 1867  responsible for the vessel being upon the waters of this state
 1868  in a derelict condition. The Department of Legal Affairs shall
 1869  represent the commission in actions to recover such costs. As
 1870  provided in s. 705.103(4), a person who neglects or refuses to
 1871  pay such costs may not be issued a certificate of registration
 1872  for such vessel or for any other vessel or motor vehicle until
 1873  such costs have been paid. A person who has neglected or refused
 1874  to pay all costs of removal, storage, destruction, or disposal
 1875  of a derelict vessel as provided in this section, after having
 1876  been provided written notice via certified mail that such costs
 1877  are owed, and who applies for and is issued a registration for a
 1878  vessel or motor vehicle before such costs have been paid in full
 1879  commits a misdemeanor of the first degree, punishable as
 1880  provided in s. 775.082 or s. 775.083.
 1881         (c) A contractor performing such relocation or removal
 1882  activities at the direction of the commission, an officer
 1883  officers of the commission, or a law enforcement agency or
 1884  officer, or a governmental subdivision, when the governmental
 1885  subdivision has received authorization for the relocation or
 1886  removal from a law enforcement officer or agency, pursuant to
 1887  this section must be licensed in accordance with applicable
 1888  United States Coast Guard regulations where required; obtain and
 1889  carry in full force and effect a policy from a licensed
 1890  insurance carrier in this state to insure against any accident,
 1891  loss, injury, property damage, or other casualty caused by or
 1892  resulting from the contractor’s actions; and be properly
 1893  equipped to perform the services to be provided.
 1894         Section 28. Except as otherwise expressly provided in this
 1895  act, this act shall take effect July 1, 2021.