Florida Senate - 2021                             CS for SB 1086
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Hutson
       
       
       
       
       592-02886-21                                          20211086c1
    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 such misdemeanor as 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; requiring reports of
   19         establishment of such protection zones to the
   20         commission and to the appropriate United States Coast
   21         Guard Sector Command; providing report requirements;
   22         providing applicability; providing penalties; amending
   23         ss. 327.352 and 327.359, F.S.; revising conditions
   24         under which a person commits a misdemeanor the first
   25         degree for refusing to submit to certain tests;
   26         creating s. 327.371, F.S.; providing circumstances
   27         under which a person may operate a human-powered
   28         vessel within the boundaries of the marked channel of
   29         the Florida Intracoastal Waterway; providing a
   30         penalty; amending s. 327.391, F.S.; conforming cross
   31         references; amending s. 327.395, F.S.; removing
   32         authority of the commission to appoint certain
   33         entities to administer a boating safety education
   34         course or temporary certificate examination and issue
   35         certain credentials; exempting certain persons from
   36         the requirement to possess certain documents aboard a
   37         vessel; amending s. 327.4107, F.S.; revising the
   38         conditions under which officers may determine a vessel
   39         is at risk of becoming derelict; authorizing certain
   40         officers to provide notice that a vessel is at risk of
   41         becoming derelict via body camera recordings;
   42         authorizing the commission or certain officers to
   43         relocate at-risk vessels to a certain distance from
   44         mangroves or vegetation; providing that the commission
   45         or officers are not liable for damages to such
   46         vessels; providing an exception; authorizing the
   47         commission to establish a derelict vessel prevention
   48         program consisting of certain components; authorizing
   49         the commission to adopt rules; providing that such
   50         program is subject to appropriation by the
   51         Legislature; providing for funding; amending s.
   52         327.4108, F.S.; designating Monroe County as an
   53         anchoring limitation area subject to certain
   54         requirements; requiring the commission to adopt rules;
   55         providing applicability; deleting obsolete language;
   56         amending s. 327.4109, F.S.; prohibiting the anchoring
   57         or mooring of a vessel or floating structure within a
   58         certain distance of certain facilities; providing
   59         exceptions; amending s. 327.45, F.S.; authorizing the
   60         commission to establish protection zones where certain
   61         activities are prohibited in or near springs; amending
   62         s. 327.46, F.S.; authorizing a county or municipality
   63         to establish a boating-restricted area within and
   64         around a public mooring field and within certain
   65         portions of the Florida Intracoastal Waterway;
   66         providing an exception with respect to a certain
   67         vessel-exclusion zone; creating s. 327.463, F.S.;
   68         specifying conditions under which a vessel is and is
   69         not operating at slow speed, minimum wake; prohibiting
   70         a person from operating a vessel faster than slow
   71         speed, minimum wake within a certain distance from
   72         other specified vessels; exempting a person from being
   73         cited for a violation under certain circumstances;
   74         providing penalties; providing applicability; amending
   75         s. 327.50, F.S.; authorizing the commission to exempt
   76         vessel owners and operators from certain safety
   77         equipment requirements; amending s. 327.53, F.S.;
   78         requiring the owner or operator of a live-aboard
   79         vessel or houseboat equipped with a marine sanitation
   80         device to maintain a record of the date and location
   81         of each pumpout of the device for a certain period;
   82         conforming a cross-reference; making technical
   83         changes; amending s. 327.54, F.S.; prohibiting a
   84         livery from leasing, hiring, or renting a vessel to a
   85         person required to complete a commission-approved
   86         boating safety education course unless such person
   87         presents certain documentation indicating compliance;
   88         amending s. 327.60, F.S.; authorizing a local
   89         government to enact and enforce regulations allowing
   90         the local law enforcement agency to remove an
   91         abandoned or lost vessel affixed to a public mooring;
   92         amending s. 327.73, F.S.; providing additional
   93         violations that qualify as noncriminal infractions;
   94         providing civil penalties; prohibiting conviction of a
   95         person cited for a violation relating to possessing
   96         proof of boating safety education under certain
   97         circumstances; increasing certain civil penalties;
   98         providing that certain vessels shall be declared a
   99         public nuisance subject to certain statutory
  100         provisions; authorizing the commission or certain
  101         officers to relocate or remove public nuisance vessels
  102         from the waters of this state; providing that the
  103         commission or officers are not liable for damages to
  104         such vessels; providing an exception; amending s.
  105         328.09, F.S.; prohibiting the Department of Highway
  106         Safety and Motor Vehicles from issuing a certificate
  107         of title to an applicant for a vessel that has been
  108         deemed derelict pursuant to certain provisions;
  109         authorizing the department, at a later date, to reject
  110         an application for a certificate of title for such a
  111         vessel; amending s. 376.15, F.S.; revising unlawful
  112         acts relating to derelict vessels; defining the term
  113         “leave”; prohibiting an owner or operator whose vessel
  114         becomes derelict due to specified accidents or events
  115         from being charged with a violation under certain
  116         circumstances; providing applicability; conforming
  117         provisions to changes made by the act; authorizing a
  118         governmental subdivision that has received
  119         authorization from a law enforcement officer or agency
  120         to direct a contractor to perform vessel storage,
  121         destruction, and disposal activities; authorizing the
  122         commission to provide local government grants for the
  123         storage, destruction, and disposal of derelict
  124         vessels; providing for funding; amending s. 705.103,
  125         F.S.; providing notice procedures for when a law
  126         enforcement officer ascertains that a derelict or
  127         public nuisance vessel is present on the waters of
  128         this state; requiring a mailed notice to the owner or
  129         party responsible for the vessel to inform him or her
  130         of the right to a hearing; providing hearing
  131         requirements; authorizing a law enforcement agency to
  132         take certain actions if a hearing is not requested or
  133         a vessel is determined to be derelict or otherwise in
  134         violation of law; revising provisions relating to
  135         liability for vessel removal costs and notification of
  136         the amount owed; providing penalties for a person who
  137         is issued a registration for a vessel or motor vehicle
  138         before such costs are paid; requiring persons whose
  139         vessel registration and motor vehicle privileges have
  140         been revoked for failure to pay certain costs to be
  141         reported to the department; prohibiting issuance of a
  142         certificate of registration to such persons until such
  143         costs are paid; amending s. 823.11, F.S.; revising
  144         application of definitions; revising the definition of
  145         the term “derelict vessel”; specifying requirements
  146         for a vessel to be considered wrecked, junked, or
  147         substantially dismantled; providing construction;
  148         revising unlawful acts relating to derelict vessels;
  149         defining the term “leave”; prohibiting an owner or
  150         operator whose vessel becomes derelict due to
  151         specified accidents or events from being charged with
  152         a violation under certain circumstances; providing
  153         applicability; providing that relocation or removal
  154         costs incurred by a governmental subdivision are
  155         recoverable against the vessel owner or the party
  156         determined to be legally responsible for the vessel
  157         being derelict; providing penalties for a person who
  158         is issued a registration for a vessel or motor vehicle
  159         before such costs are paid; authorizing a governmental
  160         subdivision that has received authorization from a law
  161         enforcement officer or agency to direct a contractor
  162         to perform vessel relocation or removal activities;
  163         providing effective dates.
  164          
  165  Be It Enacted by the Legislature of the State of Florida:
  166  
  167         Section 1. Paragraphs (a) and (c) of subsection (1) of
  168  section 316.1932, Florida Statutes, are amended to read:
  169         316.1932 Tests for alcohol, chemical substances, or
  170  controlled substances; implied consent; refusal.—
  171         (1)(a)1.a. A Any person who accepts the privilege extended
  172  by the laws of this state of operating a motor vehicle within
  173  this state is, by so operating such vehicle, deemed to have
  174  given his or her consent to submit to an approved chemical test
  175  or physical test including, but not limited to, an infrared
  176  light test of his or her breath for the purpose of determining
  177  the alcoholic content of his or her blood or breath if the
  178  person is lawfully arrested for any offense allegedly committed
  179  while the person was driving or was in actual physical control
  180  of a motor vehicle while under the influence of alcoholic
  181  beverages. The chemical or physical breath test must be
  182  incidental to a lawful arrest and administered at the request of
  183  a law enforcement officer who has reasonable cause to believe
  184  such person was driving or was in actual physical control of the
  185  motor vehicle within this state while under the influence of
  186  alcoholic beverages. The administration of a breath test does
  187  not preclude the administration of another type of test. The
  188  person shall be told that his or her failure to submit to any
  189  lawful test of his or her breath will result in the suspension
  190  of the person’s privilege to operate a motor vehicle for a
  191  period of 1 year for a first refusal, or for a period of 18
  192  months if the driving privilege of such person has been
  193  previously suspended or if he or she has previously been fined
  194  under s. 327.35215 as a result of a refusal to submit to such a
  195  test or tests required under this chapter or chapter 327, and
  196  shall also be told that if he or she refuses to submit to a
  197  lawful test of his or her breath and his or her driving
  198  privilege has been previously suspended or if he or she has
  199  previously been fined under s. 327.35215 for a prior refusal to
  200  submit to a lawful test of his or her breath, urine, or blood as
  201  required under this chapter or chapter 327, he or she commits a
  202  misdemeanor of the first degree, punishable as provided in s.
  203  775.082 or s. 775.083, in addition to any other penalties
  204  provided by law. The refusal to submit to a chemical or physical
  205  breath test upon the request of a law enforcement officer as
  206  provided in this section is admissible into evidence in any
  207  criminal proceeding.
  208         b. A Any person who accepts the privilege extended by the
  209  laws of this state of operating a motor vehicle within this
  210  state is, by so operating such vehicle, deemed to have given his
  211  or her consent to submit to a urine test for the purpose of
  212  detecting the presence of chemical substances as set forth in s.
  213  877.111 or controlled substances if the person is lawfully
  214  arrested for any offense allegedly committed while the person
  215  was driving or was in actual physical control of a motor vehicle
  216  while under the influence of chemical substances or controlled
  217  substances. The urine test must be incidental to a lawful arrest
  218  and administered at a detention facility or any other facility,
  219  mobile or otherwise, which is equipped to administer such tests
  220  at the request of a law enforcement officer who has reasonable
  221  cause to believe such person was driving or was in actual
  222  physical control of a motor vehicle within this state while
  223  under the influence of chemical substances or controlled
  224  substances. The urine test shall be administered at a detention
  225  facility or any other facility, mobile or otherwise, which is
  226  equipped to administer such test in a reasonable manner that
  227  will ensure the accuracy of the specimen and maintain the
  228  privacy of the individual involved. The administration of a
  229  urine test does not preclude the administration of another type
  230  of test. The person shall be told that his or her failure to
  231  submit to any lawful test of his or her urine will result in the
  232  suspension of the person’s privilege to operate a motor vehicle
  233  for a period of 1 year for the first refusal, or for a period of
  234  18 months if the driving privilege of such person has been
  235  previously suspended or if he or she has previously been fined
  236  under s. 327.35215 as a result of a refusal to submit to such a
  237  test or tests required under this chapter or chapter 327, and
  238  shall also be told that if he or she refuses to submit to a
  239  lawful test of his or her urine and his or her driving privilege
  240  has been previously suspended or if he or she has previously
  241  been fined under s. 327.35215 for a prior refusal to submit to a
  242  lawful test of his or her breath, urine, or blood as required
  243  under this chapter or chapter 327, he or she commits a
  244  misdemeanor of the first degree, punishable as provided in s.
  245  775.082 or s. 775.083, in addition to any other penalties
  246  provided by law. The refusal to submit to a urine test upon the
  247  request of a law enforcement officer as provided in this section
  248  is admissible into evidence in any criminal proceeding.
  249         2. The Alcohol Testing Program within the Department of Law
  250  Enforcement is responsible for the regulation of the operation,
  251  inspection, and registration of breath test instruments utilized
  252  under the driving and boating under the influence provisions and
  253  related provisions located in this chapter and chapters 322 and
  254  327. The program is responsible for the regulation of the
  255  individuals who operate, inspect, and instruct on the breath
  256  test instruments utilized in the driving and boating under the
  257  influence provisions and related provisions located in this
  258  chapter and chapters 322 and 327. The program is further
  259  responsible for the regulation of blood analysts who conduct
  260  blood testing to be utilized under the driving and boating under
  261  the influence provisions and related provisions located in this
  262  chapter and chapters 322 and 327. The program shall:
  263         a. Establish uniform criteria for the issuance of permits
  264  to breath test operators, agency inspectors, instructors, blood
  265  analysts, and instruments.
  266         b. Have the authority to permit breath test operators,
  267  agency inspectors, instructors, blood analysts, and instruments.
  268         c. Have the authority to discipline and suspend, revoke, or
  269  renew the permits of breath test operators, agency inspectors,
  270  instructors, blood analysts, and instruments.
  271         d. Establish uniform requirements for instruction and
  272  curricula for the operation and inspection of approved
  273  instruments.
  274         e. Have the authority to specify one approved curriculum
  275  for the operation and inspection of approved instruments.
  276         f. Establish a procedure for the approval of breath test
  277  operator and agency inspector classes.
  278         g. Have the authority to approve or disapprove breath test
  279  instruments and accompanying paraphernalia for use pursuant to
  280  the driving and boating under the influence provisions and
  281  related provisions located in this chapter and chapters 322 and
  282  327.
  283         h. With the approval of the executive director of the
  284  Department of Law Enforcement, make and enter into contracts and
  285  agreements with other agencies, organizations, associations,
  286  corporations, individuals, or federal agencies as are necessary,
  287  expedient, or incidental to the performance of duties.
  288         i. Issue final orders which include findings of fact and
  289  conclusions of law and which constitute final agency action for
  290  the purpose of chapter 120.
  291         j. Enforce compliance with the provisions of this section
  292  through civil or administrative proceedings.
  293         k. Make recommendations concerning any matter within the
  294  purview of this section, this chapter, chapter 322, or chapter
  295  327.
  296         l. Promulgate rules for the administration and
  297  implementation of this section, including definitions of terms.
  298         m. Consult and cooperate with other entities for the
  299  purpose of implementing the mandates of this section.
  300         n. Have the authority to approve the type of blood test
  301  utilized under the driving and boating under the influence
  302  provisions and related provisions located in this chapter and
  303  chapters 322 and 327.
  304         o. Have the authority to specify techniques and methods for
  305  breath alcohol testing and blood testing utilized under the
  306  driving and boating under the influence provisions and related
  307  provisions located in this chapter and chapters 322 and 327.
  308         p. Have the authority to approve repair facilities for the
  309  approved breath test instruments, including the authority to set
  310  criteria for approval.
  311  
  312  Nothing in this section shall be construed to supersede
  313  provisions in this chapter and chapters 322 and 327. The
  314  specifications in this section are derived from the power and
  315  authority previously and currently possessed by the Department
  316  of Law Enforcement and are enumerated to conform with the
  317  mandates of chapter 99-379, Laws of Florida.
  318         (c) A Any person who accepts the privilege extended by the
  319  laws of this state of operating a motor vehicle within this
  320  state is, by operating such vehicle, deemed to have given his or
  321  her consent to submit to an approved blood test for the purpose
  322  of determining the alcoholic content of the blood or a blood
  323  test for the purpose of determining the presence of chemical
  324  substances or controlled substances as provided in this section
  325  if there is reasonable cause to believe the person was driving
  326  or in actual physical control of a motor vehicle while under the
  327  influence of alcoholic beverages or chemical or controlled
  328  substances and the person appears for treatment at a hospital,
  329  clinic, or other medical facility and the administration of a
  330  breath or urine test is impractical or impossible. As used in
  331  this paragraph, the term “other medical facility” includes an
  332  ambulance or other medical emergency vehicle. The blood test
  333  shall be performed in a reasonable manner. A Any person who is
  334  incapable of refusal by reason of unconsciousness or other
  335  mental or physical condition is deemed not to have withdrawn his
  336  or her consent to such test. A blood test may be administered
  337  whether or not the person is told that his or her failure to
  338  submit to such a blood test will result in the suspension of the
  339  person’s privilege to operate a motor vehicle upon the public
  340  highways of this state and that a refusal to submit to a lawful
  341  test of his or her blood, if his or her driving privilege has
  342  been previously suspended for refusal to submit to a lawful test
  343  of his or her breath, urine, or blood, is a misdemeanor. A Any
  344  person who is capable of refusal shall be told that his or her
  345  failure to submit to such a blood test will result in the
  346  suspension of the person’s privilege to operate a motor vehicle
  347  for a period of 1 year for a first refusal, or for a period of
  348  18 months if the driving privilege of the person has been
  349  suspended previously or if he or she has previously been fined
  350  under s. 327.35215 as a result of a refusal to submit to such a
  351  test or tests required under this chapter or chapter 327, and
  352  that a refusal to submit to a lawful test of his or her blood,
  353  if his or her driving privilege has been previously suspended
  354  for a prior refusal to submit to a lawful test of his or her
  355  breath, urine, or blood, is a misdemeanor. The refusal to submit
  356  to a blood test upon the request of a law enforcement officer is
  357  admissible in evidence in any criminal proceeding.
  358         Section 2. Subsection (1) of section 316.1939, Florida
  359  Statutes, is amended to read:
  360         316.1939 Refusal to submit to testing; penalties.—
  361         (1) A Any person who has refused to submit to a chemical or
  362  physical test of his or her breath, blood, or urine, as
  363  described in s. 316.1932, and whose driving privilege was
  364  previously suspended or who was previously fined under s.
  365  327.35215 for a prior refusal to submit to a lawful test of his
  366  or her breath, urine, or blood required under this chapter or
  367  chapter 327, and:
  368         (a) Who the arresting law enforcement officer had probable
  369  cause to believe was driving or in actual physical control of a
  370  motor vehicle in this state while under the influence of
  371  alcoholic beverages, chemical substances, or controlled
  372  substances;
  373         (b) Who was placed under lawful arrest for a violation of
  374  s. 316.193 unless such test was requested pursuant to s.
  375  316.1932(1)(c);
  376         (c) Who was informed that, if he or she refused to submit
  377  to such test, his or her privilege to operate a motor vehicle
  378  would be suspended for a period of 1 year or, in the case of a
  379  second or subsequent refusal, for a period of 18 months;
  380         (d) Who was informed that a refusal to submit to a lawful
  381  test of his or her breath or, urine, or blood, if his or her
  382  driving privilege has been previously suspended or if he or she
  383  has previously been fined under s. 327.35215 for a prior refusal
  384  to submit to a lawful test of his or her breath, urine, or blood
  385  as required under this chapter or chapter 327, is a misdemeanor
  386  of the first degree, punishable as provided in s. 775.082 or s.
  387  775.083, in addition to any other penalties provided by law; and
  388         (e) Who, after having been so informed, refused to submit
  389  to any such test when requested to do so by a law enforcement
  390  officer or correctional officer
  391  
  392  commits a misdemeanor of the first degree and is subject to
  393  punishment as provided in s. 775.082 or s. 775.083.
  394         Section 3. Present subsections (18) through (47) of section
  395  327.02, Florida Statutes, are redesignated as subsections (19)
  396  through (48), respectively, a new subsection (18) is added to
  397  that section, and present subsection (31) of that section is
  398  amended, to read:
  399         327.02 Definitions.—As used in this chapter and in chapter
  400  328, unless the context clearly requires a different meaning,
  401  the term:
  402         (18)“Human-powered vessel” means a vessel powered only by
  403  its occupant or occupants, including, but not limited to, a
  404  vessel powered only by the occupants’ hands or feet, oars, or
  405  paddles.
  406         (32)(31) “Navigation rules” means, for vessels on:
  407         (a) Waters outside established navigational lines of
  408  demarcation as specified in 33 C.F.R. part 80, the International
  409  Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended,
  410  including the appendix and annexes thereto, through December 31,
  411  2020 October 1, 2012.
  412         (b) All waters not outside of such established lines of
  413  demarcation, the Inland Navigational Rules Act of 1980, 33
  414  C.F.R. parts 83-90, as amended, through December 31, 2020
  415  October 1, 2012.
  416         Section 4. Section 327.04, Florida Statutes, is amended to
  417  read:
  418         327.04 Rules.—The commission may has authority to adopt
  419  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  420  provisions of this chapter, the provisions of chapter 705
  421  relating to vessels, and ss. 376.15 and 823.11 conferring powers
  422  or duties upon it.
  423         Section 5. Section 327.462, Florida Statutes, is created to
  424  read:
  425         327.462Temporary protection zones for spaceflight launches
  426  and recovery of spaceflight assets.—
  427         (1)As used in this section, the term:
  428         (a)“Launch services” means the conduct of a launch and
  429  activities involved in the preparation of a launch vehicle,
  430  payload, government astronaut, commercial astronaut, or
  431  spaceflight participant for such launch.
  432         (b)“Reentry services” means the conduct of a reentry and
  433  activities involved in the preparation of a reentry vehicle,
  434  payload, government astronaut, commercial astronaut, or
  435  spaceflight participant for such reentry.
  436         (c)“Spaceflight assets” means any item, or any part of an
  437  item, owned by a spaceflight entity which is used in launch
  438  services or reentry services, including crewed and uncrewed
  439  spacecraft, launch vehicles, parachutes and other landing aids,
  440  and any spacecraft or ancillary equipment that was attached to
  441  the launch vehicle during launch, orbit, or reentry.
  442         (d)“Spaceflight entity” has the same meaning as provided
  443  in s. 331.501.
  444         (2)The head of a law enforcement agency or entity
  445  identified in s. 327.70(1), or his or her designee, may, upon
  446  waters of this state within the law enforcement agency’s or
  447  entity’s jurisdiction, when necessary for preparations in
  448  advance of a launch service or reentry service or for the
  449  recovery of spaceflight assets before or after a launch service
  450  or reentry service, temporarily establish a protection zone
  451  requiring vessels to leave, or prohibiting vessels from
  452  entering, water bodies within:
  453         (a)Five hundred yards of where launch services, reentry
  454  services, or spaceflight asset recovery operations are being
  455  conducted; or
  456         (b)A distance greater than provided in paragraph (a) if
  457  the head of such law enforcement agency or entity, or his or her
  458  designee, determines such greater distance is in the best
  459  interest of public safety.
  460         (3)A protection zone established under subsection (2) may
  461  remain in effect only as long as necessary to ensure security
  462  around the launch and recovery areas and to recover spaceflight
  463  assets and any personnel being transported within a spacecraft
  464  following the launch or reentry activity. Such protection zone
  465  may not be in place more than 72 hours before or 72 hours after
  466  the launch. The head of a law enforcement agency or entity
  467  identified in s. 327.70(1), or his or her designee, may also
  468  restrict vessels from operating within up to 500 yards of any
  469  vessel transporting recovered spaceflight assets following a
  470  spaceflight launch or reentry while such vessel is continuously
  471  underway transporting such assets to a location for removal from
  472  the waters of this state.
  473         (4)The head of a law enforcement agency or entity
  474  establishing a protection zone under this section, or his or her
  475  designee, must report the establishment of such protection zone
  476  via e-mail to the commission’s Division of Law Enforcement,
  477  Boating and Waterways Section, and to the appropriate United
  478  States Coast Guard Sector Command having responsibility over the
  479  water body, at least 72 hours before establishment of the
  480  protection zone. Such report must include the reasons for the
  481  protection zone, the portion of the water body or water bodies
  482  which will be included in the protection zone, and the duration
  483  of the protection zone. No later than 72 hours after the end of
  484  the protection zone period, the head of the law enforcement
  485  agency or entity, or his or her designee, must report via e-mail
  486  to the commission’s Division of Law Enforcement, Boating and
  487  Waterways Section, the details of all citations issued for
  488  violating the protection zone.
  489         (5)This section applies only to launch services, reentry
  490  services, or the recovery of spaceflight assets occurring or
  491  originating within spaceport territory, as defined in s.
  492  331.304, and to federally licensed or federally authorized
  493  launches and reentries occurring or transiting to an end
  494  destination upon waters of this state.
  495         (6)A person who violates this section or any directive
  496  given by a law enforcement officer relating to the establishment
  497  of a protection zone under this section after being advised of
  498  the establishment of the protection zone commits a misdemeanor
  499  of the second degree, punishable as provided in s. 775.082 or s.
  500  775.083.
  501         Section 6. Paragraphs (a) and (c) of subsection (1) of
  502  section 327.352, Florida Statutes, are amended to read:
  503         327.352 Tests for alcohol, chemical substances, or
  504  controlled substances; implied consent; refusal.—
  505         (1)(a)1. The Legislature declares that the operation of a
  506  vessel is a privilege that must be exercised in a reasonable
  507  manner. In order to protect the public health and safety, it is
  508  essential that a lawful and effective means of reducing the
  509  incidence of boating while impaired or intoxicated be
  510  established. Therefore, a any person who accepts the privilege
  511  extended by the laws of this state of operating a vessel within
  512  this state is, by so operating such vessel, deemed to have given
  513  his or her consent to submit to an approved chemical test or
  514  physical test including, but not limited to, an infrared light
  515  test of his or her breath for the purpose of determining the
  516  alcoholic content of his or her blood or breath if the person is
  517  lawfully arrested for any offense allegedly committed while the
  518  person was operating a vessel while under the influence of
  519  alcoholic beverages. The chemical or physical breath test must
  520  be incidental to a lawful arrest and administered at the request
  521  of a law enforcement officer who has reasonable cause to believe
  522  such person was operating the vessel within this state while
  523  under the influence of alcoholic beverages. The administration
  524  of a breath test does not preclude the administration of another
  525  type of test. The person shall be told that his or her failure
  526  to submit to any lawful test of his or her breath under this
  527  chapter will result in a civil penalty of $500, and shall also
  528  be told that if he or she refuses to submit to a lawful test of
  529  his or her breath and he or she has been previously fined under
  530  s. 327.35215 or has previously had his or her driver license
  531  suspended under s. 322.2615 for refusal to submit to any lawful
  532  test of his or her breath, urine, or blood, he or she commits a
  533  misdemeanor of the first degree, punishable as provided in s.
  534  775.082 or s. 775.083, in addition to any other penalties
  535  provided by law. The refusal to submit to a chemical or physical
  536  breath test upon the request of a law enforcement officer as
  537  provided in this section is admissible into evidence in any
  538  criminal proceeding.
  539         2. A Any person who accepts the privilege extended by the
  540  laws of this state of operating a vessel within this state is,
  541  by so operating such vessel, deemed to have given his or her
  542  consent to submit to a urine test for the purpose of detecting
  543  the presence of chemical substances as set forth in s. 877.111
  544  or controlled substances if the person is lawfully arrested for
  545  any offense allegedly committed while the person was operating a
  546  vessel while under the influence of chemical substances or
  547  controlled substances. The urine test must be incidental to a
  548  lawful arrest and administered at a detention facility or any
  549  other facility, mobile or otherwise, which is equipped to
  550  administer such tests at the request of a law enforcement
  551  officer who has reasonable cause to believe such person was
  552  operating a vessel within this state while under the influence
  553  of chemical substances or controlled substances. The urine test
  554  shall be administered at a detention facility or any other
  555  facility, mobile or otherwise, which is equipped to administer
  556  such test in a reasonable manner that will ensure the accuracy
  557  of the specimen and maintain the privacy of the individual
  558  involved. The administration of a urine test does not preclude
  559  the administration of another type of test. The person shall be
  560  told that his or her failure to submit to any lawful test of his
  561  or her urine under this chapter will result in a civil penalty
  562  of $500, and shall also be told that if he or she refuses to
  563  submit to a lawful test of his or her urine and he or she has
  564  been previously fined under s. 327.35215 or has previously had
  565  his or her driver license suspended under s. 322.2615 for
  566  refusal to submit to any lawful test of his or her breath,
  567  urine, or blood, he or she commits a misdemeanor of the first
  568  degree, punishable as provided in s. 775.082 or s. 775.083, in
  569  addition to any other penalties provided by law. The refusal to
  570  submit to a urine test upon the request of a law enforcement
  571  officer as provided in this section is admissible into evidence
  572  in any criminal proceeding.
  573         (c) A Any person who accepts the privilege extended by the
  574  laws of this state of operating a vessel within this state is,
  575  by operating such vessel, deemed to have given his or her
  576  consent to submit to an approved blood test for the purpose of
  577  determining the alcoholic content of the blood or a blood test
  578  for the purpose of determining the presence of chemical
  579  substances or controlled substances as provided in this section
  580  if there is reasonable cause to believe the person was operating
  581  a vessel while under the influence of alcoholic beverages or
  582  chemical or controlled substances and the person appears for
  583  treatment at a hospital, clinic, or other medical facility and
  584  the administration of a breath or urine test is impractical or
  585  impossible. As used in this paragraph, the term “other medical
  586  facility” includes an ambulance or other medical emergency
  587  vehicle. The blood test shall be performed in a reasonable
  588  manner. A Any person who is incapable of refusal by reason of
  589  unconsciousness or other mental or physical condition is deemed
  590  not to have withdrawn his or her consent to such test. A Any
  591  person who is capable of refusal shall be told that his or her
  592  failure to submit to such a blood test will result in a civil
  593  penalty of $500 and that a refusal to submit to a lawful test of
  594  his or her blood, if he or she has previously been fined for
  595  refusal to submit to any lawful test of his or her breath,
  596  urine, or blood, is a misdemeanor. The refusal to submit to a
  597  blood test upon the request of a law enforcement officer shall
  598  be admissible in evidence in any criminal proceeding.
  599         Section 7. Section 327.359, Florida Statutes, is amended to
  600  read:
  601         327.359 Refusal to submit to testing; penalties.—A Any
  602  person who has refused to submit to a chemical or physical test
  603  of his or her breath, blood, or urine, as described in s.
  604  327.352, and who has been previously fined under s. 327.35215 or
  605  has previously had his or her driver license suspended under s.
  606  322.2615 for refusal to submit to a lawful test of his or her
  607  breath, urine, or blood, and:
  608         (1) Who the arresting law enforcement officer had probable
  609  cause to believe was operating or in actual physical control of
  610  a vessel in this state while under the influence of alcoholic
  611  beverages, chemical substances, or controlled substances;
  612         (2) Who was placed under lawful arrest for a violation of
  613  s. 327.35 unless such test was requested pursuant to s.
  614  327.352(1)(c);
  615         (3) Who was informed that if he or she refused to submit to
  616  such test, he or she is subject to a fine of $500;
  617         (4) Who was informed that a refusal to submit to a lawful
  618  test of his or her breath or, urine, or blood, if he or she has
  619  been previously fined under s. 327.35215 or has previously had
  620  his or her driver license suspended under s. 322.2615 for
  621  refusal to submit to a lawful test of his or her breath, urine,
  622  or blood, is a misdemeanor of the first degree, punishable as
  623  provided in s. 775.082 or s. 775.083; and
  624         (5) Who, after having been so informed, refused to submit
  625  to any such test when requested to do so by a law enforcement
  626  officer or correctional officer
  627  
  628  commits a misdemeanor of the first degree, punishable and is
  629  subject to punishment as provided in s. 775.082 or s. 775.083.
  630         Section 8. Section 327.371, Florida Statutes, is created to
  631  read:
  632         327.371Human-powered vessels regulated.—
  633         (1)A person may operate a human-powered vessel within the
  634  boundaries of the marked channel of the Florida Intracoastal
  635  Waterway as defined in s. 327.02:
  636         (a)When the marked channel is the only navigable portion
  637  of the waterway available due to vessel congestion or
  638  obstructions on the water. The operator of the human-powered
  639  vessel shall proceed with diligence to a location where he or
  640  she may safely operate the vessel outside the marked channel of
  641  the Florida Intracoastal Waterway.
  642         (b)When crossing the marked channel, provided that the
  643  crossing is done in the most direct, continuous, and expeditious
  644  manner possible and does not interfere with other vessel traffic
  645  in the channel.
  646         (c)During an emergency endangering life or limb.
  647         (2)A person may not operate a human-powered vessel in the
  648  marked channel of the Florida Intracoastal Waterway except as
  649  provided in subsection (1).
  650         (3)A person who violates this section commits a
  651  noncriminal infraction, punishable as provided in s. 327.73.
  652         Section 9. Subsection (1) and paragraphs (a) and (b) of
  653  subsection (5) of section 327.391, Florida Statutes, are amended
  654  to read:
  655         327.391 Airboats regulated.—
  656         (1) The exhaust of every internal combustion engine used on
  657  any airboat operated on the waters of this state shall be
  658  provided with an automotive-style factory muffler, underwater
  659  exhaust, or other manufactured device capable of adequately
  660  muffling the sound of the exhaust of the engine as described in
  661  s. 327.02(31) s. 327.02(30). The use of cutouts or flex pipe as
  662  the sole source of muffling is prohibited, except as provided in
  663  subsection (4). A Any person who violates this subsection
  664  commits a noncriminal infraction, punishable as provided in s.
  665  327.73(1).
  666         (5)(a) Beginning July 1, 2019, A person may not operate an
  667  airboat to carry one or more passengers for hire on waters of
  668  this the state unless he or she has all of the following onboard
  669  the airboat:
  670         1. A photographic identification card.
  671         2. Proof of completion of a boater education course that
  672  complies with s. 327.395(2)(a) s. 327.395(1)(a). Except as
  673  provided in paragraph (b), no operator is exempt from this
  674  requirement, regardless of age or the exemptions provided under
  675  s. 327.395.
  676         3. Proof of successful completion of a commission-approved
  677  airboat operator course that meets the minimum standards
  678  established by commission rule.
  679         4. Proof of successful course completion in cardiopulmonary
  680  resuscitation and first aid.
  681         (b) A person issued a captain’s license by the United
  682  States Coast Guard is not required to complete a boating safety
  683  education course that complies with s. 327.395(2)(a) s.
  684  327.395(1)(a). Proof of the captain’s license must be onboard
  685  the airboat when carrying one or more passengers for hire on
  686  waters of this the state.
  687         Section 10. Section 327.395, Florida Statutes, is amended
  688  to read:
  689         327.395 Boating safety education.—
  690         (1) A person born on or after January 1, 1988, may not
  691  operate a vessel powered by a motor of 10 horsepower or greater
  692  unless such person has in his or her possession aboard the
  693  vessel the documents required by subsection (2).
  694         (2)While operating a vessel, a person identified under
  695  subsection (1) must have in his or her possession aboard the
  696  vessel photographic identification and a boating safety
  697  identification card issued by the commission, a state-issued
  698  identification card or driver license indicating possession of
  699  the boating safety identification card, or photographic
  700  identification and a temporary certificate issued or approved by
  701  the commission, which shows that he or she has:
  702         (a) Completed a commission-approved boating safety
  703  education course that meets the minimum requirements established
  704  by the National Association of State Boating Law Administrators;
  705  or
  706         (b) Passed a temporary certificate examination developed or
  707  approved by the commission.
  708         (3)(a)(2)(a) A person may obtain a boating safety
  709  identification card by successfully completing a boating safety
  710  education course that meets the requirements of this section and
  711  rules adopted by the commission pursuant to this section.
  712         (b) A person may obtain a temporary certificate by passing
  713  a temporary certificate examination that meets the requirements
  714  of this section and rules adopted by the commission pursuant to
  715  this section.
  716         (4)(3)A Any commission-approved boating safety education
  717  course or temporary certificate examination developed or
  718  approved by the commission must include a component regarding
  719  diving vessels, awareness of divers in the water, divers-down
  720  warning devices, and the requirements of s. 327.331.
  721         (4)The commission may appoint liveries, marinas, or other
  722  persons as its agents to administer the course or temporary
  723  certificate examination and issue identification cards or
  724  temporary certificates in digital, electronic, or paper format
  725  under guidelines established by the commission. An agent must
  726  charge the $2 examination fee, which must be forwarded to the
  727  commission with proof of passage of the examination and may
  728  charge and keep a $1 service fee.
  729         (5) A boating safety identification card issued to a person
  730  who has completed a boating safety education course is valid for
  731  life. A temporary certificate issued to a person who has passed
  732  a temporary certification examination is valid for 90 days after
  733  the date of issuance. The commission may issue either the
  734  boating safety identification card or the temporary certificate
  735  in a digital, electronic, or paper format.
  736         (6) A person is exempt from subsection (1) if he or she:
  737         (a)1. Is licensed by the United States Coast Guard to serve
  738  as master of a vessel;
  739         2.Has been previously licensed by the United States Coast
  740  Guard to serve as master of a vessel, provides proof of such
  741  licensure to the commission, and requests that a boating safety
  742  identification card be issued in his or her name; or
  743         3.Possesses an International Certificate of Competence in
  744  sailing.
  745         (b) Operates a vessel only on a private lake or pond.
  746         (c) Is accompanied in the vessel by a person who is exempt
  747  from this section or who holds a boating safety identification
  748  card in compliance with this section, who is 18 years of age or
  749  older, and who is attendant to the operation of the vessel and
  750  responsible for the safe operation of the vessel and for any
  751  violation that occurs during the operation of the vessel.
  752         (d) Is a nonresident who has in his or her possession
  753  photographic identification and proof that he or she has
  754  completed a boating safety education course or equivalency
  755  examination in another state or a United States territory which
  756  meets or exceeds the minimum requirements established by the
  757  National Association of State Boating Law Administrators.
  758         (e) Is operating a vessel within 90 days after the purchase
  759  of that vessel and has available for inspection aboard that
  760  vessel a bill of sale meeting the requirements of s. 328.46(1).
  761         (f) Is operating a vessel within 90 days after completing a
  762  boating safety education course in accordance with paragraph
  763  (2)(a) the requirements of paragraph (1)(a) and has a
  764  photographic identification card and a boating safety education
  765  certificate available for inspection as proof of having
  766  completed a boating safety education course. The boating safety
  767  education certificate must provide, at a minimum, the student’s
  768  first and last name, the student’s date of birth, and the date
  769  that he or she passed the course examination.
  770         (g) Is exempted by rule of the commission.
  771         (7) A person who operates a vessel in violation of this
  772  section subsection (1) commits a noncriminal infraction,
  773  punishable as provided in s. 327.73.
  774         (8) The commission shall institute and coordinate a
  775  statewide program of boating safety instruction and
  776  certification to ensure that boating safety courses and
  777  examinations are available in each county of this the state. The
  778  commission may appoint agents to administer the boating safety
  779  education course or temporary certificate examination and may
  780  authorize the agents to issue temporary certificates in digital,
  781  electronic, or paper format. An agent The agents shall charge
  782  and collect the $2 fee required in subsection (9) for each
  783  temporary certificate requested of the commission by that agent,
  784  which must be forwarded to the commission. The agent may charge
  785  and keep a $1 service fee.
  786         (9) The commission may is authorized to establish and to
  787  collect a $2 fee for each card and temporary certificate issued
  788  pursuant to this section.
  789         (10) The commission shall design forms and adopt rules
  790  pursuant to chapter 120 to implement the provisions of this
  791  section.
  792         (11) This section may be cited as the “Osmany ‘Ozzie’
  793  Castellanos Boating Safety Education Act.”
  794         Section 11. Present subsection (5) of section 327.4107,
  795  Florida Statutes, is redesignated as subsection (6), a new
  796  subsection (5) and subsection (7) are added to that section, and
  797  paragraphs (d) and (e) of subsection (2) of that section are
  798  amended, to read:
  799         327.4107 Vessels at risk of becoming derelict on waters of
  800  this state.—
  801         (2) An officer of the commission or of a law enforcement
  802  agency specified in s. 327.70 may determine that a vessel is at
  803  risk of becoming derelict if any of the following conditions
  804  exist:
  805         (d) The vessel is left or stored aground unattended in such
  806  a state that would prevent the vessel from getting underway, is
  807  listing due to water intrusion, or is sunk or partially sunk.
  808         (e) The vessel does not have an effective means of
  809  propulsion for safe navigation within 72 hours after the vessel
  810  owner or operator receives telephonic notice, in-person notice
  811  recorded on an agency-approved body camera, or written notice,
  812  which may be provided by facsimile, electronic mail, or other
  813  electronic means, stating such from an officer, and the vessel
  814  owner or operator is unable to provide a receipt, proof of
  815  purchase, or other documentation of having ordered necessary
  816  parts for vessel repair. The commission may adopt rules to
  817  implement this paragraph.
  818         (5)The commission, an officer of the commission, or a law
  819  enforcement agency or officer specified in s. 327.70 may
  820  relocate or cause to be relocated an at-risk vessel found to be
  821  in violation of this section to a distance greater than 20 feet
  822  from a mangrove or upland vegetation. The commission, an officer
  823  of the commission, or a law enforcement agency or officer acting
  824  pursuant to this subsection upon waters of this state shall be
  825  held harmless for all damages to the at-risk vessel resulting
  826  from such relocation unless the damage results from gross
  827  negligence or willful misconduct as these terms are defined in
  828  s. 823.11.
  829         (7)The commission may establish a derelict vessel
  830  prevention program to address vessels at risk of becoming
  831  derelict. Such program may, but is not required to, include:
  832         (a)Removal, relocation, and destruction of vessels
  833  declared a public nuisance, derelict or at risk of becoming
  834  derelict, or lost or abandoned in accordance with s. 327.53(7),
  835  s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
  836         (b)Creation of a vessel turn-in program allowing the owner
  837  of a vessel determined by law enforcement to be at risk of
  838  becoming derelict in accordance with this section to turn his or
  839  her vessel and vessel title over to the commission to be
  840  destroyed without penalty.
  841         (c)Providing for removal and destruction of an abandoned
  842  vessel for which an owner cannot be identified or the owner of
  843  which is deceased and no heir is interested in acquiring the
  844  vessel.
  845         (d)Purchase of anchor line, anchors, and other equipment
  846  necessary for securing vessels at risk of becoming derelict.
  847         (e)Creating or acquiring moorings designated for securing
  848  vessels at risk of becoming derelict.
  849  
  850  The commission may adopt rules to implement this subsection.
  851  Implementation of the derelict vessel prevention program shall
  852  be subject to appropriation by the Legislature and shall be
  853  funded by the Marine Resources Conservation Trust Fund or the
  854  Florida Coastal Protection Trust Fund.
  855         Section 12. Section 327.4108, Florida Statutes, is amended
  856  to read:
  857         327.4108 Anchoring of vessels in anchoring limitation
  858  areas.—
  859         (1) The following densely populated urban areas, which have
  860  narrow state waterways, residential docking facilities, and
  861  significant recreational boating traffic, are designated as
  862  anchoring limitation areas, within which a person may not anchor
  863  a vessel at any time during the period between one-half hour
  864  after sunset and one-half hour before sunrise, except as
  865  provided in subsections (3) and (4):
  866         (a) The section of Middle River lying between Northeast
  867  21st Court and the Intracoastal Waterway in Broward County.
  868         (b) Sunset Lake in Miami-Dade County.
  869         (c) The sections of Biscayne Bay in Miami-Dade County lying
  870  between:
  871         1. Rivo Alto Island and Di Lido Island.
  872         2. San Marino Island and San Marco Island.
  873         3. San Marco Island and Biscayne Island.
  874         (2)(a)Monroe County is designated as an anchoring
  875  limitation area within which a vessel may only be anchored in
  876  the same location for a maximum of 90 days. The commission shall
  877  adopt rules to implement this subsection.
  878         (b)This subsection does not apply to an approved and
  879  permitted mooring field.
  880         (2)To promote the public’s use and enjoyment of the
  881  designated waterway, except as provided in subsections (3) and
  882  (4), a person may not anchor a vessel at any time during the
  883  period between one-half hour after sunset and one-half hour
  884  before sunrise in an anchoring limitation area.
  885         (3) Notwithstanding subsections (1) and subsection (2), a
  886  person may anchor a vessel in an anchoring limitation area
  887  during a time that would otherwise be unlawful:
  888         (a) If the vessel suffers a mechanical failure that poses
  889  an unreasonable risk of harm to the vessel or the persons
  890  onboard unless the vessel anchors. The vessel may anchor for 3
  891  business days or until the vessel is repaired, whichever occurs
  892  first.
  893         (b) If imminent or existing weather conditions in the
  894  vicinity of the vessel pose an unreasonable risk of harm to the
  895  vessel or the persons onboard unless the vessel anchors. The
  896  vessel may anchor until weather conditions no longer pose such
  897  risk. During a hurricane or tropical storm, weather conditions
  898  are deemed to no longer pose an unreasonable risk of harm when
  899  the hurricane or tropical storm warning affecting the area has
  900  expired.
  901         (c) During events described in s. 327.48 or other special
  902  events, including, but not limited to, public music
  903  performances, local government waterfront activities, or
  904  fireworks displays. A vessel may anchor for the lesser of the
  905  duration of the special event or 3 days.
  906         (4) This section does not apply to:
  907         (a) Vessels owned or operated by a governmental entity for
  908  law enforcement, firefighting, military, or rescue purposes.
  909         (b) Construction or dredging vessels on an active job site.
  910         (c) Vessels actively engaged in commercial fishing.
  911         (d) Vessels engaged in recreational fishing if the persons
  912  onboard are actively tending hook and line fishing gear or nets.
  913         (5)(a) As used in this subsection, the term “law
  914  enforcement officer or agency” means an officer or agency
  915  authorized to enforce this section pursuant to s. 327.70.
  916         (b) A law enforcement officer or agency may remove a vessel
  917  from an anchoring limitation area and impound the vessel for up
  918  to 48 hours, or cause such removal and impoundment, if the
  919  vessel operator, after being issued a citation for a violation
  920  of this section:
  921         1. Anchors the vessel in violation of this section within
  922  12 hours after being issued the citation; or
  923         2. Refuses to leave the anchoring limitation area after
  924  being directed to do so by a law enforcement officer or agency.
  925         (c) A law enforcement officer or agency acting under this
  926  subsection to remove or impound a vessel, or to cause such
  927  removal or impoundment, shall be held harmless for any damage to
  928  the vessel resulting from such removal or impoundment unless the
  929  damage results from gross negligence or willful misconduct.
  930         (d) A contractor performing removal or impoundment services
  931  at the direction of a law enforcement officer or agency pursuant
  932  to this subsection must:
  933         1. Be licensed in accordance with United States Coast Guard
  934  regulations, as applicable.
  935         2. Obtain and carry a current policy issued by a licensed
  936  insurance carrier in this state to insure against any accident,
  937  loss, injury, property damage, or other casualty caused by or
  938  resulting from the contractor’s actions.
  939         3. Be properly equipped to perform such services.
  940         (e) In addition to the civil penalty imposed under s.
  941  327.73(1)(z), the operator of a vessel that is removed and
  942  impounded pursuant to paragraph (b) must pay all removal and
  943  storage fees before the vessel is released. A vessel removed
  944  pursuant to paragraph (b) may not be impounded for longer than
  945  48 hours.
  946         (6) A violation of this section is punishable as provided
  947  in s. 327.73(1)(z).
  948         (7) This section shall remain in effect notwithstanding the
  949  Legislature’s adoption of the commission’s recommendations for
  950  the regulation of mooring vessels outside of public mooring
  951  fields pursuant to s. 327.4105.
  952         Section 13. Paragraph (a) of subsection (1) and subsection
  953  (2) of section 327.4109, Florida Statutes, are amended to read:
  954         327.4109 Anchoring or mooring prohibited; exceptions;
  955  penalties.—
  956         (1)(a) The owner or operator of a vessel or floating
  957  structure may not anchor or moor such that the nearest approach
  958  of the anchored or moored vessel or floating structure is:
  959         1. Within 150 feet of any public or private marina, boat
  960  ramp, boatyard, or other public vessel launching or loading
  961  facility;
  962         2. Within 300 feet of a superyacht repair facility. For
  963  purposes of this subparagraph, the term “superyacht repair
  964  facility” means a facility that services or repairs a yacht with
  965  a water line of 120 feet or more in length; or
  966         3. Within 100 feet outward from the marked boundary of a
  967  public mooring field or a lesser distance if approved by the
  968  commission upon request of a local government within which the
  969  mooring field is located. The commission may adopt rules to
  970  implement this subparagraph.
  971         (2) Notwithstanding subsection (1), an owner or operator of
  972  a vessel may anchor or moor within 150 feet of any public or
  973  private marina, boat ramp, boatyard, or other public vessel
  974  launching or loading facility; within 300 feet of a superyacht
  975  repair facility; or within 100 feet outward from the marked
  976  boundary of a public mooring field if:
  977         (a) The vessel suffers a mechanical failure that poses an
  978  unreasonable risk of harm to the vessel or the persons onboard
  979  such vessel. The owner or operator of the vessel may anchor or
  980  moor for 5 business days or until the vessel is repaired,
  981  whichever occurs first.
  982         (b) Imminent or existing weather conditions in the vicinity
  983  of the vessel pose an unreasonable risk of harm to the vessel or
  984  the persons onboard such vessel. The owner or operator of the
  985  vessel may anchor or moor until weather conditions no longer
  986  pose such risk. During a hurricane or tropical storm, weather
  987  conditions are deemed to no longer pose an unreasonable risk of
  988  harm when the hurricane or tropical storm warning affecting the
  989  area has expired.
  990         Section 14. Subsection (2) of section 327.45, Florida
  991  Statutes, is amended to read:
  992         327.45 Protection zones for springs.—
  993         (2) The commission may establish by rule protection zones
  994  that restrict the speed and operation of vessels, or which
  995  prohibit the anchoring, mooring, beaching, or grounding of
  996  vessels, to protect and prevent harm to first, second, and third
  997  magnitude springs and springs groups, including their associated
  998  spring runs, as determined by the commission using the most
  999  recent Florida Geological Survey springs bulletin. This harm
 1000  includes negative impacts to water quality, water quantity,
 1001  hydrology, wetlands, and aquatic and wetland-dependent species.
 1002         Section 15. Paragraph (b) of subsection (1) of section
 1003  327.46, Florida Statutes, is amended to read:
 1004         327.46 Boating-restricted areas.—
 1005         (1) Boating-restricted areas, including, but not limited
 1006  to, restrictions of vessel speeds and vessel traffic, may be
 1007  established on the waters of this state for any purpose
 1008  necessary to protect the safety of the public if such
 1009  restrictions are necessary based on boating accidents,
 1010  visibility, hazardous currents or water levels, vessel traffic
 1011  congestion, or other navigational hazards or to protect
 1012  seagrasses on privately owned submerged lands.
 1013         (b) Municipalities and counties may have the authority to
 1014  establish the following boating-restricted areas by ordinance:
 1015         1. An ordinance establishing an idle speed, no wake
 1016  boating-restricted area, if the area is:
 1017         a. Within 500 feet of any boat ramp, hoist, marine railway,
 1018  or other launching or landing facility available for use by the
 1019  general boating public on waterways more than 300 feet in width
 1020  or within 300 feet of any boat ramp, hoist, marine railway, or
 1021  other launching or landing facility available for use by the
 1022  general boating public on waterways not exceeding 300 feet in
 1023  width.
 1024         b. Within 500 feet of fuel pumps or dispensers at any
 1025  marine fueling facility that sells motor fuel to the general
 1026  boating public on waterways more than 300 feet in width or
 1027  within 300 feet of the fuel pumps or dispensers at any licensed
 1028  terminal facility that sells motor fuel to the general boating
 1029  public on waterways not exceeding 300 feet in width.
 1030         c. Inside or within 300 feet of any lock structure.
 1031         2. An ordinance establishing a slow speed, minimum wake
 1032  boating-restricted area if the area is:
 1033         a. Within 300 feet of any bridge fender system.
 1034         b. Within 300 feet of any bridge span presenting a vertical
 1035  clearance of less than 25 feet or a horizontal clearance of less
 1036  than 100 feet.
 1037         c. On a creek, stream, canal, or similar linear waterway if
 1038  the waterway is less than 75 feet in width from shoreline to
 1039  shoreline.
 1040         d. On a lake or pond of less than 10 acres in total surface
 1041  area.
 1042         e.Within the boundaries of a permitted public mooring
 1043  field and a buffer around the mooring field of up to 100 feet.
 1044         3. An ordinance establishing a vessel-exclusion zone if the
 1045  area is:
 1046         a. Designated as a public bathing beach or swim area.
 1047         b. Within 300 feet of a dam, spillway, or flood control
 1048  structure.
 1049         4.Notwithstanding the prohibition in s. 327.60(2)(c),
 1050  within the portion of the Florida Intracoastal Waterway within
 1051  their jurisdiction, except that the municipality or county may
 1052  not establish a vessel-exclusion zone for public bathing beaches
 1053  or swim areas within the waterway.
 1054         Section 16. Section 327.463, Florida Statutes, is created
 1055  to read:
 1056         327.463Special hazards.—
 1057         (1)For purposes of this section, a vessel:
 1058         (a)Is operating at slow speed, minimum wake only if it is:
 1059         1.Fully off plane and completely settled into the water;
 1060  and
 1061         2.Proceeding without wake or with minimum wake.
 1062  
 1063  A vessel that is required to operate at slow speed, minimum wake
 1064  may not proceed at a speed greater than a speed that is
 1065  reasonable and prudent to avoid the creation of an excessive
 1066  wake or other hazardous condition under the existing
 1067  circumstances.
 1068         (b)Is not proceeding at slow speed, minimum wake if it is:
 1069         1.Operating on plane;
 1070         2.In the process of coming off plane and settling into the
 1071  water or getting on plane; or
 1072         3.Operating at a speed that creates a wake that
 1073  unreasonably or unnecessarily endangers other vessels.
 1074         (2)A person may not operate a vessel faster than slow
 1075  speed, minimum wake within 300 feet of any emergency vessel,
 1076  including, but not limited to, a law enforcement vessel, United
 1077  States Coast Guard vessel, or firefighting vessel, when such
 1078  emergency vessel’s emergency lights are activated.
 1079         (3)(a)A person may not operate a vessel faster than slow
 1080  speed, minimum wake within 300 feet of any construction vessel
 1081  or barge when the vessel or barge is displaying an orange flag
 1082  from a pole extending:
 1083         1.At least 10 feet above the tallest portion of the vessel
 1084  or barge, indicating that the vessel or barge is actively
 1085  engaged in construction operations; or
 1086         2.At least 5 feet above any superstructure permanently
 1087  installed upon the vessel or barge, indicating that the vessel
 1088  or barge is actively engaged in construction operations.
 1089         (b)A flag displayed on a construction vessel or barge
 1090  pursuant to this subsection must:
 1091         1.Be at least 2 feet by 3 feet in size.
 1092         2.Have a wire or other stiffener or be otherwise
 1093  constructed to ensure that the flag remains fully unfurled and
 1094  extended in the absence of a wind or breeze.
 1095         3.Be displayed so that the visibility of the flag is not
 1096  obscured in any direction.
 1097         (c)In periods of low visibility, including any time
 1098  between 30 minutes after sunset and 30 minutes before sunrise, a
 1099  person may not be cited for a violation of this subsection
 1100  unless the orange flag is illuminated and visible from a
 1101  distance of at least 2 nautical miles. Such illumination does
 1102  not relieve the construction vessel or barge from complying with
 1103  all navigation rules.
 1104         (4)(a)A person operating a vessel in violation of this
 1105  section commits a noncriminal infraction, punishable as provided
 1106  in s. 327.73.
 1107         (b)The owner of, or party who is responsible for, a
 1108  construction vessel or barge who displays an orange flag on the
 1109  vessel or barge when it is not actively engaged in construction
 1110  operations commits a noncriminal infraction, punishable as
 1111  provided in s. 327.73.
 1112         (5)The speed and penalty provisions of this section do not
 1113  apply to a law enforcement, firefighting, or rescue vessel that
 1114  is owned or operated by a governmental entity.
 1115         Section 17. Paragraph (a) of subsection (1) of section
 1116  327.50, Florida Statutes, is amended to read:
 1117         327.50 Vessel safety regulations; equipment and lighting
 1118  requirements.—
 1119         (1)(a) The owner and operator of every vessel on the waters
 1120  of this state shall carry, store, maintain, and use safety
 1121  equipment in accordance with current United States Coast Guard
 1122  safety equipment requirements as specified in the Code of
 1123  Federal Regulations, unless expressly exempted by the commission
 1124  department.
 1125         Section 18. Paragraph (a) of subsection (6) and subsection
 1126  (7) of section 327.53, Florida Statutes, are amended, and
 1127  subsection (8) is added to that section, to read:
 1128         327.53 Marine sanitation.—
 1129         (6)(a) A violation of this section is a noncriminal
 1130  infraction, punishable as provided in s. 327.73. Each violation
 1131  shall be a separate offense. The owner and operator of any
 1132  vessel shall be jointly and severally liable for the civil
 1133  penalty imposed pursuant to this section.
 1134         (7) A Any vessel or floating structure operated or occupied
 1135  on the waters of this the state in violation of this section is
 1136  declared a nuisance and a hazard to public safety and health.
 1137  The owner or operator of a any vessel or floating structure
 1138  cited for violating this section shall, within 30 days following
 1139  the issuance of the citation, correct the violation for which
 1140  the citation was issued or remove the vessel or floating
 1141  structure from the waters of this the state. If the violation is
 1142  not corrected within the 30 days and the vessel or floating
 1143  structure remains on the waters of this the state in violation
 1144  of this section, law enforcement officers charged with the
 1145  enforcement of this chapter under s. 327.70 shall apply to the
 1146  appropriate court in the county in which the vessel or floating
 1147  structure is located, to order or otherwise cause the removal of
 1148  such vessel or floating structure from the waters of this the
 1149  state at the owner’s expense. If the owner cannot be found or
 1150  otherwise fails to pay the removal costs, the provisions of s.
 1151  328.17 shall apply. If the proceeds under s. 328.17 are not
 1152  sufficient to pay all removal costs, funds appropriated from the
 1153  Marine Resources Conservation Trust Fund pursuant to paragraph
 1154  (6)(b) or s. 328.72(15)(c) s. 328.72(16) may be used.
 1155         (8)The owner or operator of a live-aboard vessel as
 1156  defined in s. 327.02(23)(a) or (c), or a houseboat as defined in
 1157  s. 327.02(17), that is equipped with a marine sanitation device
 1158  must maintain a record of the date of each pumpout of the marine
 1159  sanitation device and the location of the pumpout station or
 1160  waste reception facility. Each record must be maintained for 1
 1161  year after the date of the pumpout.
 1162         Section 19. Subsection (2) of section 327.54, Florida
 1163  Statutes, is amended to read:
 1164         327.54 Liveries; safety regulations; penalty.—
 1165         (2) A livery may not knowingly lease, hire, or rent a any
 1166  vessel powered by a motor of 10 horsepower or greater to a any
 1167  person who is required to comply with s. 327.395, unless such
 1168  person presents to the livery photographic identification and a
 1169  valid boater safety identification card issued by the
 1170  commission, a state-issued identification card or driver license
 1171  indicating possession of the boating safety identification card,
 1172  or photographic identification and a valid temporary certificate
 1173  issued or approved by the commission as required under s.
 1174  327.395(2) s. 327.395(1), or meets the exemption provided under
 1175  s. 327.395(6)(f).
 1176         Section 20. Subsection (5) of section 327.60, Florida
 1177  Statutes, is amended to read:
 1178         327.60 Local regulations; limitations.—
 1179         (5) A local government may enact and enforce regulations to
 1180  implement the procedures for abandoned or lost property that
 1181  allow the local law enforcement agency to remove a vessel
 1182  affixed to a public dock or mooring within its jurisdiction that
 1183  is abandoned or lost property pursuant to s. 705.103(1). Such
 1184  regulation must require the local law enforcement agency to post
 1185  a written notice at least 24 hours before removing the vessel.
 1186         Section 21. Paragraphs (q), (s), and (aa) of subsection (1)
 1187  of section 327.73, Florida Statutes, are amended, and paragraphs
 1188  (cc) and (dd) are added to that subsection, to read:
 1189         327.73 Noncriminal infractions.—
 1190         (1) Violations of the following provisions of the vessel
 1191  laws of this state are noncriminal infractions:
 1192         (q) Section 327.53(1), (2), and (3), and (8), relating to
 1193  marine sanitation.
 1194         (s) Section 327.395, relating to boater safety education.
 1195  However, a person cited for violating the requirements of s.
 1196  327.395 relating to failure to have required proof of boating
 1197  safety education in his or her possession may not be convicted
 1198  if, before or at the time of a county court hearing, the person
 1199  produces proof of the boating safety education identification
 1200  card or temporary certificate for verification by the hearing
 1201  officer or the court clerk and the identification card or
 1202  temporary certificate was valid at the time the person was
 1203  cited.
 1204         (aa) Section 327.4107, relating to vessels at risk of
 1205  becoming derelict on waters of this state, for which the civil
 1206  penalty is:
 1207         1. For a first offense, $100 $50.
 1208         2. For a second offense occurring 30 days or more after a
 1209  first offense, $250 $100.
 1210         3. For a third or subsequent offense occurring 30 days or
 1211  more after a previous offense, $500 $250.
 1212  
 1213  A vessel that is the subject of three or more violations issued
 1214  pursuant to the same paragraph of s. 327.4107(2) within an 18
 1215  month period which result in dispositions other than acquittal
 1216  or dismissal shall be declared to be a public nuisance and
 1217  subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
 1218  an officer of the commission, or a law enforcement agency or
 1219  officer specified in s. 327.70 may relocate, remove, or cause to
 1220  be relocated or removed such public nuisance vessels from waters
 1221  of this state. The commission, an officer of the commission, or
 1222  a law enforcement agency or officer acting pursuant to this
 1223  paragraph upon waters of this state shall be held harmless for
 1224  all damages to the vessel resulting from such relocation or
 1225  removal unless the damage results from gross negligence or
 1226  willful misconduct as these terms are defined in s. 823.11.
 1227         (cc)Section 327.463(4)(a) and (b), relating to vessels
 1228  creating special hazards, for which the penalty is:
 1229         1.For a first offense, $50.
 1230         2.For a second offense occurring within 12 months after a
 1231  prior offense, $100.
 1232         3.For a third offense occurring within 36 months after a
 1233  prior offense, $250.
 1234         (dd)Section 327.371, relating to the regulation of human
 1235  powered vessels.
 1236  
 1237  Any person cited for a violation of any provision of this
 1238  subsection shall be deemed to be charged with a noncriminal
 1239  infraction, shall be cited for such an infraction, and shall be
 1240  cited to appear before the county court. The civil penalty for
 1241  any such infraction is $50, except as otherwise provided in this
 1242  section. Any person who fails to appear or otherwise properly
 1243  respond to a uniform boating citation shall, in addition to the
 1244  charge relating to the violation of the boating laws of this
 1245  state, be charged with the offense of failing to respond to such
 1246  citation and, upon conviction, be guilty of a misdemeanor of the
 1247  second degree, punishable as provided in s. 775.082 or s.
 1248  775.083. A written warning to this effect shall be provided at
 1249  the time such uniform boating citation is issued.
 1250         Section 22. Subsection (4) of section 328.09, Florida
 1251  Statutes, is amended to read:
 1252         328.09 Refusal to issue and authority to cancel a
 1253  certificate of title or registration.—
 1254         (4) The department may not issue a certificate of title to
 1255  an any applicant for a any vessel that has been deemed derelict
 1256  by a law enforcement officer under s. 376.15 or s. 823.11. A law
 1257  enforcement officer must inform the department in writing, which
 1258  may be provided by facsimile, electronic mail, or other
 1259  electronic means, of the vessel’s derelict status and supply the
 1260  department with the vessel title number or vessel identification
 1261  number. The department may issue a certificate of title once a
 1262  law enforcement officer has verified in writing, which may be
 1263  provided by facsimile, electronic mail, or other electronic
 1264  means, that the vessel is no longer a derelict vessel.
 1265         Section 23. Effective July 1, 2023, paragraph (e) of
 1266  subsection (3) of section 328.09, Florida Statutes, as amended
 1267  by section 12 of chapter 2019-76, Laws of Florida, is amended to
 1268  read:
 1269         328.09 Refusal to issue and authority to cancel a
 1270  certificate of title or registration.—
 1271         (3) Except as otherwise provided in subsection (4), the
 1272  department may reject an application for a certificate of title
 1273  only if:
 1274         (e) The application is for a vessel that has been deemed
 1275  derelict by a law enforcement officer under s. 376.15 or s.
 1276  823.11. In such case, a law enforcement officer must inform the
 1277  department in writing, which may be provided by facsimile, e
 1278  mail, or other electronic means, of the vessel’s derelict status
 1279  and supply the department with the vessel title number or vessel
 1280  identification number. The department may issue a certificate of
 1281  title once a law enforcement officer has verified in writing,
 1282  which may be provided by facsimile, e-mail, or other electronic
 1283  means, that the vessel is no longer a derelict vessel.
 1284         Section 24. Section 376.15, Florida Statutes, is amended to
 1285  read:
 1286         376.15 Derelict vessels; relocation or removal from public
 1287  waters of this state.—
 1288         (1) As used in this section, the term:
 1289         (a) “Commission” means the Fish and Wildlife Conservation
 1290  Commission.
 1291         (b) “Gross negligence” means conduct so reckless or wanting
 1292  in care that it constitutes a conscious disregard or
 1293  indifference to the safety of the property exposed to such
 1294  conduct.
 1295         (c) “Willful misconduct” means conduct evidencing
 1296  carelessness or negligence of such a degree or recurrence as to
 1297  manifest culpability, wrongful intent, or evil design or to show
 1298  an intentional and substantial disregard of the interests of the
 1299  vessel owner.
 1300         (2)(a) It is unlawful for any person, firm, or corporation
 1301  to store, leave, or abandon any derelict vessel as defined in s.
 1302  823.11 upon the waters of in this state. For purposes of this
 1303  paragraph, the term “leave” means to allow a vessel to remain
 1304  occupied or unoccupied on the waters of this state for more than
 1305  24 hours.
 1306         (b)Notwithstanding paragraph (a), a person who owns or
 1307  operates a vessel that becomes derelict upon the waters of this
 1308  state solely as a result of a boating accident that is reported
 1309  to law enforcement in accordance with s. 327.301 or otherwise
 1310  reported to law enforcement; a hurricane; or another sudden
 1311  event outside of his or her control may not be charged with a
 1312  violation if:
 1313         1.The individual documents for law enforcement the
 1314  specific event that led to the vessel being derelict upon the
 1315  waters of this state; and
 1316         2.The vessel has been removed from the waters of this
 1317  state or has been repaired or addressed such that it is no
 1318  longer derelict upon the waters of this state:
 1319         a.For a vessel that has become derelict as a result of a
 1320  boating accident or other sudden event outside of his or her
 1321  control, within 7 days after such accident or event; or
 1322         b.Within 45 days after the hurricane has passed over this
 1323  state.
 1324         (c)This subsection does not apply to a vessel that was
 1325  derelict upon the waters of this state before the stated
 1326  accident or event.
 1327         (3)(a) The commission, an officer officers of the
 1328  commission, or a and any law enforcement agency or officer
 1329  specified in s. 327.70 may are authorized and empowered to
 1330  relocate, remove, store, destroy, or dispose of or cause to be
 1331  relocated, or removed, stored, destroyed, or disposed of a any
 1332  derelict vessel as defined in s. 823.11 from public waters of
 1333  this state as defined in s. 327.02. All costs, including costs
 1334  owed to a third party, incurred by the commission or other law
 1335  enforcement agency in the relocation, or removal, storage,
 1336  destruction, or disposal of any abandoned or derelict vessel are
 1337  recoverable against the owner of the vessel or the party
 1338  determined to be legally responsible for the vessel being upon
 1339  the waters of this state in a derelict condition. The Department
 1340  of Legal Affairs shall represent the commission in actions to
 1341  recover such costs.
 1342         (b) The commission, an officer officers of the commission,
 1343  or a and any other law enforcement agency or officer specified
 1344  in s. 327.70 acting pursuant to under this section to relocate,
 1345  remove, store, destroy, or dispose of or cause to be relocated,
 1346  or removed, stored, destroyed, or disposed of a derelict vessel
 1347  from public waters of this state as defined in s. 327.02 shall
 1348  be held harmless for all damages to the derelict vessel
 1349  resulting from such action relocation or removal unless the
 1350  damage results from gross negligence or willful misconduct as
 1351  these terms are defined in s. 823.11.
 1352         (c) A contractor performing relocation or removal
 1353  activities at the direction of the commission, an officer
 1354  officers of the commission, or a law enforcement agency or
 1355  officer, or a governmental subdivision, when the governmental
 1356  subdivision has received authorization for the relocation or
 1357  removal from a law enforcement officer or agency pursuant to
 1358  this section, must be licensed in accordance with applicable
 1359  United States Coast Guard regulations where required; obtain and
 1360  carry in full force and effect a policy from a licensed
 1361  insurance carrier in this state to insure against any accident,
 1362  loss, injury, property damage, or other casualty caused by or
 1363  resulting from the contractor’s actions; and be properly
 1364  equipped to perform the services to be provided.
 1365         (d) The commission may establish a program to provide
 1366  grants to local governments for the removal, storage,
 1367  destruction, and disposal of derelict vessels from the public
 1368  waters of this the state as defined in s. 327.02. The program
 1369  shall be funded from the Marine Resources Conservation Trust
 1370  Fund or the Florida Coastal Protection Trust Fund.
 1371  Notwithstanding the provisions in s. 216.181(11), funds
 1372  available for grants may only be authorized by appropriations
 1373  acts of the Legislature. In a given fiscal year, if all funds
 1374  appropriated pursuant to this paragraph are not requested by and
 1375  granted to local governments for the removal, storage,
 1376  destruction, and disposal of derelict vessels by the end of the
 1377  third quarter, the Fish and Wildlife Conservation Commission may
 1378  use the remainder of the funds to remove, store, destroy, and
 1379  dispose of, or to pay private contractors to remove, store,
 1380  destroy, and dispose of, derelict vessels.
 1381         (e) The commission shall adopt by rule procedures for
 1382  submitting a grant application and criteria for allocating
 1383  available funds. Such criteria shall include, but not be limited
 1384  to, the following:
 1385         1. The number of derelict vessels within the jurisdiction
 1386  of the applicant.
 1387         2. The threat posed by such vessels to public health or
 1388  safety, the environment, navigation, or the aesthetic condition
 1389  of the general vicinity.
 1390         3. The degree of commitment of the local government to
 1391  maintain waters free of abandoned and derelict vessels and to
 1392  seek legal action against those who abandon vessels in the
 1393  waters of this the state as defined in s. 327.02.
 1394         (f) This section constitutes the authority for such removal
 1395  but is not intended to be in contravention of any applicable
 1396  federal act.
 1397         Section 25. Subsections (2) and (4) of section 705.103,
 1398  Florida Statutes, are amended to read:
 1399         705.103 Procedure for abandoned or lost property.—
 1400         (2)(a)1. Whenever a law enforcement officer ascertains
 1401  that:
 1402         a. An article of lost or abandoned property other than a
 1403  derelict vessel or a vessel declared a public nuisance pursuant
 1404  to s. 327.73(1)(aa) is present on public property and is of such
 1405  nature that it cannot be easily removed, the officer shall cause
 1406  a notice to be placed upon such article in substantially the
 1407  following form:
 1408  
 1409  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1410  PROPERTY. This property, to wit: ...(setting forth brief
 1411  description)... is unlawfully upon public property known as
 1412  ...(setting forth brief description of location)... and must be
 1413  removed within 5 days; otherwise, it will be removed and
 1414  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1415  will be liable for the costs of removal, storage, and
 1416  publication of notice. Dated this: ...(setting forth the date of
 1417  posting of notice)..., signed: ...(setting forth name, title,
 1418  address, and telephone number of law enforcement officer)....
 1419  
 1420         b.A derelict vessel or a vessel declared a public nuisance
 1421  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1422  state, the officer shall cause a notice to be placed upon such
 1423  vessel in substantially the following form:
 1424  
 1425  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1426  VESSEL. This vessel, to wit: ...(setting forth brief
 1427  description)... has been determined to be (derelict or a public
 1428  nuisance) and is unlawfully upon waters of this state
 1429  ...(setting forth brief description of location)... and must be
 1430  removed within 21 days; otherwise, it will be removed and
 1431  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1432  and other interested parties have the right to a hearing to
 1433  challenge the determination that this vessel is derelict or
 1434  otherwise in violation of the law. Please contact ...(contact
 1435  information for person who can arrange for a hearing in
 1436  accordance with this section).... The owner or the party
 1437  determined to be legally responsible for the vessel being upon
 1438  the waters of this state in a derelict condition will be liable
 1439  for the costs of removal, destruction, and disposal if this
 1440  vessel is not removed by the owner. Dated this: ...(setting
 1441  forth the date of posting of notice)..., signed: ...(setting
 1442  forth name, title, address, and telephone number of law
 1443  enforcement officer)....
 1444         2.The notices required under subparagraph 1. may Such
 1445  notice shall be not be less than 8 inches by 10 inches and shall
 1446  be sufficiently weatherproof to withstand normal exposure to the
 1447  elements. In addition to posting, the law enforcement officer
 1448  shall make a reasonable effort to ascertain the name and address
 1449  of the owner. If such is reasonably available to the officer,
 1450  she or he shall mail a copy of such notice to the owner on or
 1451  before the date of posting. If the property is a motor vehicle
 1452  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1453  the law enforcement agency shall contact the Department of
 1454  Highway Safety and Motor Vehicles in order to determine the name
 1455  and address of the owner and any person who has filed a lien on
 1456  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1457  328.15(1). On receipt of this information, the law enforcement
 1458  agency shall mail a copy of the notice by certified mail, return
 1459  receipt requested, to the owner and to the lienholder, if any,
 1460  except that a law enforcement officer who has issued a citation
 1461  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1462  derelict vessel is not required to mail a copy of the notice by
 1463  certified mail, return receipt requested, to the owner. For a
 1464  derelict vessel or a vessel declared a public nuisance pursuant
 1465  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1466  responsible party that he or she has a right to a hearing to
 1467  dispute the determination that the vessel is derelict or
 1468  otherwise in violation of the law. If a request for a hearing is
 1469  made, a state agency shall follow the processes set forth in s.
 1470  120.569. Local governmental entities shall follow the processes
 1471  set forth in s. 120.569, except that a local judge, magistrate,
 1472  or code enforcement officer may be designated to conduct such a
 1473  hearing. If, at the end of 5 days after posting the notice in
 1474  sub-subparagraph 1.a., or at the end of 21 days after posting
 1475  the notice in sub-subparagraph 1.b., and mailing such notice, if
 1476  required, the owner or any person interested in the lost or
 1477  abandoned article or articles described has not removed the
 1478  article or articles from public property or shown reasonable
 1479  cause for failure to do so, and, in the case of a derelict
 1480  vessel or a vessel declared a public nuisance pursuant to s.
 1481  327.73(1)(aa), has not requested a hearing in accordance with
 1482  this section, the following shall apply:
 1483         a.(a) For abandoned property other than a derelict vessel
 1484  or a vessel declared a public nuisance pursuant to s.
 1485  327.73(1)(aa), the law enforcement agency may retain any or all
 1486  of the property for its own use or for use by the state or unit
 1487  of local government, trade such property to another unit of
 1488  local government or state agency, donate the property to a
 1489  charitable organization, sell the property, or notify the
 1490  appropriate refuse removal service.
 1491         b.For a derelict vessel or a vessel declared a public
 1492  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1493  agency or its designee may:
 1494         (I)Remove the vessel from the waters of this state and
 1495  destroy and dispose of the vessel or authorize another
 1496  governmental entity or its designee to do so; or
 1497         (II)Authorize the vessel’s use as an artificial reef in
 1498  accordance with s. 379.249 if all necessary federal, state, and
 1499  local authorizations are received.
 1500  
 1501  A law enforcement agency or its designee may also take action as
 1502  described in this sub-subparagraph if, following a hearing
 1503  pursuant to this section, the judge, magistrate, administrative
 1504  law judge, or hearing officer has determined the vessel to be
 1505  derelict as provided in s. 823.11 or otherwise in violation of
 1506  the law in accordance with s. 327.73(1)(aa) and a final order
 1507  has been entered or the case is otherwise closed.
 1508         (b) For lost property, the officer shall take custody and
 1509  the agency shall retain custody of the property for 90 days. The
 1510  agency shall publish notice of the intended disposition of the
 1511  property, as provided in this section, during the first 45 days
 1512  of this time period.
 1513         1. If the agency elects to retain the property for use by
 1514  the unit of government, donate the property to a charitable
 1515  organization, surrender such property to the finder, sell the
 1516  property, or trade the property to another unit of local
 1517  government or state agency, notice of such election shall be
 1518  given by an advertisement published once a week for 2
 1519  consecutive weeks in a newspaper of general circulation in the
 1520  county where the property was found if the value of the property
 1521  is more than $100. If the value of the property is $100 or less,
 1522  notice shall be given by posting a description of the property
 1523  at the law enforcement agency where the property was turned in.
 1524  The notice must be posted for not less than 2 consecutive weeks
 1525  in a public place designated by the law enforcement agency. The
 1526  notice must describe the property in a manner reasonably
 1527  adequate to permit the rightful owner of the property to claim
 1528  it.
 1529         2. If the agency elects to sell the property, it must do so
 1530  at public sale by competitive bidding. Notice of the time and
 1531  place of the sale shall be given by an advertisement of the sale
 1532  published once a week for 2 consecutive weeks in a newspaper of
 1533  general circulation in the county where the sale is to be held.
 1534  The notice shall include a statement that the sale shall be
 1535  subject to any and all liens. The sale must be held at the
 1536  nearest suitable place to that where the lost or abandoned
 1537  property is held or stored. The advertisement must include a
 1538  description of the goods and the time and place of the sale. The
 1539  sale may take place no earlier than 10 days after the final
 1540  publication. If there is no newspaper of general circulation in
 1541  the county where the sale is to be held, the advertisement shall
 1542  be posted at the door of the courthouse and at three other
 1543  public places in the county at least 10 days prior to sale.
 1544  Notice of the agency’s intended disposition shall describe the
 1545  property in a manner reasonably adequate to permit the rightful
 1546  owner of the property to identify it.
 1547         (4) The owner of any abandoned or lost property, or in the
 1548  case of a derelict vessel, the owner or other party determined
 1549  to be legally responsible for the vessel being upon the waters
 1550  of this state in a derelict condition, who, after notice as
 1551  provided in this section, does not remove such property within
 1552  the specified period shall be liable to the law enforcement
 1553  agency, other governmental entity, or the agency’s or entity’s
 1554  designee for all costs of removal, storage, and destruction of
 1555  such property, less any salvage value obtained by disposal of
 1556  the property. Upon final disposition of the property, the law
 1557  enforcement officer or representative of the law enforcement
 1558  agency or other governmental entity shall notify the owner, if
 1559  known, of the amount owed. In the case of an abandoned vessel or
 1560  motor vehicle, any person who neglects or refuses to pay such
 1561  amount is not entitled to be issued a certificate of
 1562  registration for such vessel or motor vehicle, or any other
 1563  vessel or motor vehicle, until such costs have been paid. A
 1564  person who has neglected or refused to pay all costs of removal,
 1565  storage, disposal, and destruction of a vessel or motor vehicle
 1566  as provided in this section, after having been provided written
 1567  notice via certified mail that such costs are owed, and who
 1568  applies for and is issued a registration for a vessel or motor
 1569  vehicle before such costs have been paid in full commits a
 1570  misdemeanor of the first degree, punishable as provided in s.
 1571  775.082 or s. 775.083. The law enforcement officer or
 1572  representative of the law enforcement agency or other
 1573  governmental entity shall supply the Department of Highway
 1574  Safety and Motor Vehicles with a list of persons whose vessel
 1575  registration privileges and or whose motor vehicle privileges
 1576  have been revoked under this subsection. Neither The department
 1577  or a nor any other person acting as an agent of the department
 1578  may not thereof shall issue a certificate of registration to a
 1579  person whose vessel and or motor vehicle registration privileges
 1580  have been revoked, as provided by this subsection, until such
 1581  costs have been paid.
 1582         Section 26. Effective July 1, 2023, subsection (2) of
 1583  section 705.103, Florida Statutes, as amended by section 29 of
 1584  chapter 2019-76, Laws of Florida, is amended to read:
 1585         705.103 Procedure for abandoned or lost property.—
 1586         (2)(a)1. Whenever a law enforcement officer ascertains
 1587  that:
 1588         a. An article of lost or abandoned property other than a
 1589  derelict vessel or a vessel declared a public nuisance pursuant
 1590  to s. 327.73(1)(aa) is present on public property and is of such
 1591  nature that it cannot be easily removed, the officer shall cause
 1592  a notice to be placed upon such article in substantially the
 1593  following form:
 1594  
 1595  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1596  PROPERTY. This property, to wit: ...(setting forth brief
 1597  description)... is unlawfully upon public property known as
 1598  ...(setting forth brief description of location)... and must be
 1599  removed within 5 days; otherwise, it will be removed and
 1600  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1601  will be liable for the costs of removal, storage, and
 1602  publication of notice. Dated this: ...(setting forth the date of
 1603  posting of notice)..., signed: ...(setting forth name, title,
 1604  address, and telephone number of law enforcement officer)....
 1605  
 1606         b.A derelict vessel or a vessel declared a public nuisance
 1607  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1608  state, the officer shall cause a notice to be placed upon such
 1609  vessel in substantially the following form:
 1610  
 1611  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1612  VESSEL. This vessel, to wit: ...(setting forth brief description
 1613  of location)... has been determined to be (derelict or a public
 1614  nuisance) and is unlawfully upon the waters of this state
 1615  ...(setting forth brief description of location)... and must be
 1616  removed within 21 days; otherwise, it will be removed and
 1617  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1618  and other interested parties have the right to a hearing to
 1619  challenge the determination that this vessel is derelict or
 1620  otherwise in violation of the law. Please contact ...(contact
 1621  information for person who can arrange for a hearing in
 1622  accordance with this section)... The owner or the party
 1623  determined to be legally responsible for the vessel being upon
 1624  the waters of this state in a derelict condition will be liable
 1625  for the costs of removal, destruction, and disposal if this
 1626  vessel is not removed by the owner. Dated this: ...(setting
 1627  forth the date of posting of notice)..., signed: ...(setting
 1628  forth name, title, address, and telephone number of law
 1629  enforcement officer)....
 1630  
 1631         2.The notices required under subparagraph 1. may Such
 1632  notice shall be not be less than 8 inches by 10 inches and shall
 1633  be sufficiently weatherproof to withstand normal exposure to the
 1634  elements. In addition to posting, the law enforcement officer
 1635  shall make a reasonable effort to ascertain the name and address
 1636  of the owner. If such is reasonably available to the officer,
 1637  she or he shall mail a copy of such notice to the owner on or
 1638  before the date of posting. If the property is a motor vehicle
 1639  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1640  the law enforcement agency shall contact the Department of
 1641  Highway Safety and Motor Vehicles in order to determine the name
 1642  and address of the owner and any person who has filed a lien on
 1643  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1644  328.15. On receipt of this information, the law enforcement
 1645  agency shall mail a copy of the notice by certified mail, return
 1646  receipt requested, to the owner and to the lienholder, if any,
 1647  except that a law enforcement officer who has issued a citation
 1648  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1649  derelict vessel is not required to mail a copy of the notice by
 1650  certified mail, return receipt requested, to the owner. For a
 1651  derelict vessel or a vessel declared a public nuisance pursuant
 1652  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1653  responsible party that he or she has a right to a hearing to
 1654  dispute the determination that the vessel is derelict or
 1655  otherwise in violation of the law. If a request for a hearing is
 1656  made, a state agency shall follow the processes as set forth in
 1657  s. 120.569. Local governmental entities shall follow the
 1658  processes set forth in s. 120.569, except that a local judge,
 1659  magistrate, or code enforcement officer may be designated to
 1660  conduct such hearings. If, at the end of 5 days after posting
 1661  the notice in sub-subparagraph 1.a., or at the end of 21 days
 1662  after posting the notice in sub-subparagraph 1.b., and mailing
 1663  such notice, if required, the owner or any person interested in
 1664  the lost or abandoned article or articles described has not
 1665  removed the article or articles from public property or shown
 1666  reasonable cause for failure to do so, and, in the case of a
 1667  derelict vessel or a vessel declared a public nuisance pursuant
 1668  to s. 327.73(1)(aa), has not requested a hearing in accordance
 1669  with this section, the following shall apply:
 1670         a.(a) For abandoned property other than a derelict vessel
 1671  or a vessel declared a public nuisance pursuant to s.
 1672  327.73(1)(aa), the law enforcement agency may retain any or all
 1673  of the property for its own use or for use by the state or unit
 1674  of local government, trade such property to another unit of
 1675  local government or state agency, donate the property to a
 1676  charitable organization, sell the property, or notify the
 1677  appropriate refuse removal service.
 1678         b.For a derelict vessel or a vessel declared a public
 1679  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1680  agency or its designee may:
 1681         (I)Remove the vessel from the waters of this state and
 1682  destroy and dispose of the vessel or authorize another
 1683  governmental entity or its designee to do so; or
 1684         (II)Authorize the vessel’s use as an artificial reef in
 1685  accordance with s. 379.249 if all necessary federal, state, and
 1686  local authorizations are received.
 1687  
 1688  A law enforcement agency or its designee may also take action as
 1689  described in this sub-subparagraph if, following a hearing
 1690  pursuant to this section, the judge, magistrate, administrative
 1691  law judge, or hearing officer has determined the vessel to be
 1692  derelict as provided in s. 823.11 or otherwise in violation of
 1693  the law in accordance with s. 327.73(1)(aa) and a final order
 1694  has been entered or the case is otherwise closed.
 1695         (b) For lost property, the officer shall take custody and
 1696  the agency shall retain custody of the property for 90 days. The
 1697  agency shall publish notice of the intended disposition of the
 1698  property, as provided in this section, during the first 45 days
 1699  of this time period.
 1700         1. If the agency elects to retain the property for use by
 1701  the unit of government, donate the property to a charitable
 1702  organization, surrender such property to the finder, sell the
 1703  property, or trade the property to another unit of local
 1704  government or state agency, notice of such election shall be
 1705  given by an advertisement published once a week for 2
 1706  consecutive weeks in a newspaper of general circulation in the
 1707  county where the property was found if the value of the property
 1708  is more than $100. If the value of the property is $100 or less,
 1709  notice shall be given by posting a description of the property
 1710  at the law enforcement agency where the property was turned in.
 1711  The notice must be posted for not less than 2 consecutive weeks
 1712  in a public place designated by the law enforcement agency. The
 1713  notice must describe the property in a manner reasonably
 1714  adequate to permit the rightful owner of the property to claim
 1715  it.
 1716         2. If the agency elects to sell the property, it must do so
 1717  at public sale by competitive bidding. Notice of the time and
 1718  place of the sale shall be given by an advertisement of the sale
 1719  published once a week for 2 consecutive weeks in a newspaper of
 1720  general circulation in the county where the sale is to be held.
 1721  The notice shall include a statement that the sale shall be
 1722  subject to any and all liens. The sale must be held at the
 1723  nearest suitable place to that where the lost or abandoned
 1724  property is held or stored. The advertisement must include a
 1725  description of the goods and the time and place of the sale. The
 1726  sale may take place no earlier than 10 days after the final
 1727  publication. If there is no newspaper of general circulation in
 1728  the county where the sale is to be held, the advertisement shall
 1729  be posted at the door of the courthouse and at three other
 1730  public places in the county at least 10 days prior to sale.
 1731  Notice of the agency’s intended disposition shall describe the
 1732  property in a manner reasonably adequate to permit the rightful
 1733  owner of the property to identify it.
 1734         Section 27. Subsections (1), (2), and (3) of section
 1735  823.11, Florida Statutes, are amended to read:
 1736         823.11 Derelict vessels; relocation or removal; penalty.—
 1737         (1) As used in this section and s. 376.15, the term:
 1738         (a) “Commission” means the Fish and Wildlife Conservation
 1739  Commission.
 1740         (b) “Derelict vessel” means a vessel, as defined in s.
 1741  327.02, that is left, stored, or abandoned:
 1742         1. In a wrecked, junked, or substantially dismantled
 1743  condition upon any public waters of this state.
 1744         a.A vessel is wrecked if it is sunken or sinking; aground
 1745  without the ability to extricate itself absent mechanical
 1746  assistance; or remaining after a marine casualty, including, but
 1747  not limited to, a boating accident, extreme weather, or a fire.
 1748         b.A vessel is junked if it has been substantially stripped
 1749  of vessel components, if vessel components have substantially
 1750  degraded or been destroyed, or if the vessel has been discarded
 1751  by the owner or operator. Attaching an outboard motor to a
 1752  vessel that is otherwise junked will not cause the vessel to no
 1753  longer be junked if such motor is not an effective means of
 1754  propulsion as required by s. 327.4107(2)(e) and associated
 1755  rules.
 1756         c.A vessel is substantially dismantled if at least two of
 1757  the three following vessel systems or components are missing,
 1758  compromised, incomplete, inoperable, or broken:
 1759         (I)The steering system;
 1760         (II)The propulsion system; or
 1761         (III)The exterior hull integrity.
 1762  
 1763  Attaching an outboard motor to a vessel that is otherwise
 1764  substantially dismantled will not cause the vessel to no longer
 1765  be substantially dismantled if such motor is not an effective
 1766  means of propulsion as required by s. 327.4107(2)(e) and
 1767  associated rules.
 1768         2. At a port in this state without the consent of the
 1769  agency having jurisdiction thereof.
 1770         3. Docked, grounded, or beached upon the property of
 1771  another without the consent of the owner of the property.
 1772         (c) “Gross negligence” means conduct so reckless or wanting
 1773  in care that it constitutes a conscious disregard or
 1774  indifference to the safety of the property exposed to such
 1775  conduct.
 1776         (d) “Willful misconduct” means conduct evidencing
 1777  carelessness or negligence of such a degree or recurrence as to
 1778  manifest culpability, wrongful intent, or evil design or to show
 1779  an intentional and substantial disregard of the interests of the
 1780  vessel owner.
 1781         (2)(a)It is unlawful for A person, firm, or corporation
 1782  may not to store, leave, or abandon any derelict vessel upon
 1783  waters of in this state. For purposes of this paragraph, the
 1784  term “leave” means to allow a vessel to remain occupied or
 1785  unoccupied on the waters of this state for more than 24 hours.
 1786         (b)Notwithstanding paragraph (a), a person who owns or
 1787  operates a vessel that becomes derelict upon the waters of this
 1788  state solely as a result of a boating accident that is reported
 1789  to law enforcement in accordance with s. 327.301 or otherwise
 1790  reported to law enforcement; a hurricane; or another sudden
 1791  event outside of his or her control may not be charged with a
 1792  violation if:
 1793         1.The individual documents for law enforcement the
 1794  specific event that led to the vessel being derelict upon the
 1795  waters of this state; and
 1796         2.The vessel has been removed from the waters of this
 1797  state or has been repaired or addressed such that it is no
 1798  longer derelict upon the waters of this state:
 1799         a.For a vessel that has become derelict as a result of a
 1800  boating accident or other sudden event outside of his or her
 1801  control, within 7 days after such accident or event; or
 1802         b.Within 45 days after the hurricane has passed over the
 1803  state.
 1804         (c)This subsection does not apply to a vessel that was
 1805  derelict upon the waters of this state before the stated
 1806  accident or event.
 1807         (3) The commission, an officer officers of the commission,
 1808  or a and any law enforcement agency or officer specified in s.
 1809  327.70 may are authorized and empowered to relocate, remove,
 1810  store, destroy, or dispose of or cause to be relocated, or
 1811  removed, stored, destroyed, or disposed of a derelict vessel
 1812  from public waters of this state as defined in s. 327.02 if the
 1813  derelict vessel obstructs or threatens to obstruct navigation or
 1814  in any way constitutes a danger to the environment, property, or
 1815  persons. The commission, an officer officers of the commission,
 1816  or any other law enforcement agency or officer acting pursuant
 1817  to under this subsection to relocate, remove, store, destroy,
 1818  dispose of or cause to be relocated, or removed, stored,
 1819  destroyed, or disposed of a derelict vessel from public waters
 1820  of this state shall be held harmless for all damages to the
 1821  derelict vessel resulting from such action relocation or removal
 1822  unless the damage results from gross negligence or willful
 1823  misconduct.
 1824         (a) Removal of derelict vessels under this subsection may
 1825  be funded by grants provided in ss. 206.606 and 376.15. The
 1826  commission shall implement a plan for the procurement of any
 1827  available federal disaster funds and use such funds for the
 1828  removal of derelict vessels.
 1829         (b) All costs, including costs owed to a third party,
 1830  incurred by the commission, another or other law enforcement
 1831  agency, or a governmental subdivision, when the governmental
 1832  subdivision has received authorization from a law enforcement
 1833  officer or agency, in the relocation, or removal, storage,
 1834  destruction, or disposal of a derelict vessel are recoverable
 1835  against the vessel owner or the party determined to be legally
 1836  responsible for the vessel being upon the waters of this state
 1837  in a derelict condition. The Department of Legal Affairs shall
 1838  represent the commission in actions to recover such costs. As
 1839  provided in s. 705.103(4), a person who neglects or refuses to
 1840  pay such costs may not be issued a certificate of registration
 1841  for such vessel or for any other vessel or motor vehicle until
 1842  such costs have been paid. A person who has neglected or refused
 1843  to pay all costs of removal, storage, destruction, or disposal
 1844  of a derelict vessel as provided in this section, after having
 1845  been provided written notice via certified mail that such costs
 1846  are owed, and who applies for and is issued a registration for a
 1847  vessel or motor vehicle before such costs have been paid in full
 1848  commits a misdemeanor of the first degree, punishable as
 1849  provided in s. 775.082 or s. 775.083.
 1850         (c) A contractor performing such relocation or removal
 1851  activities at the direction of the commission, an officer
 1852  officers of the commission, or a law enforcement agency or
 1853  officer, or a governmental subdivision, when the governmental
 1854  subdivision has received authorization for the relocation or
 1855  removal from a law enforcement officer or agency, pursuant to
 1856  this section must be licensed in accordance with applicable
 1857  United States Coast Guard regulations where required; obtain and
 1858  carry in full force and effect a policy from a licensed
 1859  insurance carrier in this state to insure against any accident,
 1860  loss, injury, property damage, or other casualty caused by or
 1861  resulting from the contractor’s actions; and be properly
 1862  equipped to perform the services to be provided.
 1863         Section 28. Except as otherwise expressly provided in this
 1864  act, this act shall take effect July 1, 2021.