Florida Senate - 2021                      CS for CS for SB 1086
       
       
        
       By the Committees on Appropriations; and Environment and Natural
       Resources; and Senator Hutson
       
       
       
       
       576-04231-21                                          20211086c2
    1                        A bill to be entitled                      
    2         An act relating to operation and safety of motor
    3         vehicles and vessels; amending ss. 316.1932 and
    4         316.1939, F.S.; revising conditions under which a
    5         person’s driving privilege is suspended and under
    6         which the person commits a misdemeanor relating to
    7         tests for alcohol, chemical substances, or controlled
    8         substances; specifying that such misdemeanor is a
    9         misdemeanor of the first degree; amending s. 327.02,
   10         F.S.; defining the term “human-powered vessel”;
   11         revising the definition of the term “navigation
   12         rules”; amending s. 327.04, F.S.; providing additional
   13         rulemaking authority to the Fish and Wildlife
   14         Conservation Commission; creating s. 327.462, F.S.;
   15         defining terms; authorizing heads of certain entities
   16         to establish temporary protection zones in certain
   17         water bodies for certain purposes; providing
   18         protection zone requirements; prohibiting the
   19         restriction of vessel movement within the Florida
   20         Intracoastal Waterway except under certain
   21         circumstances; requiring the heads of certain entities
   22         to report the establishment of such protection zones
   23         to the commission and to the appropriate United States
   24         Coast Guard Sector Command; providing requirements for
   25         the report; providing applicability; providing
   26         criminal penalties; amending s. 327.352, F.S.;
   27         revising conditions under which a person commits a
   28         misdemeanor of the first degree for refusing to submit
   29         to certain tests; amending s. 327.35215, F.S.;
   30         requiring the clerk of the court to notify the
   31         Department of Highway Safety and Motor Vehicles of
   32         certain final dispositions by electronic transmission;
   33         requiring the department to enter such disposition on
   34         a person’s driving record; amending s. 327.359, F.S.;
   35         revising conditions under which a person commits a
   36         misdemeanor of the first degree for refusing to submit
   37         to certain tests; creating s. 327.371, F.S.; providing
   38         circumstances under which a person may operate a
   39         human-powered vessel within the boundaries of the
   40         marked channel of the Florida Intracoastal Waterway;
   41         providing a penalty; amending s. 327.391, F.S.;
   42         conforming cross-references; amending s. 327.395,
   43         F.S.; revising the types of documentation that a
   44         person may use to comply with certain boating safety
   45         requirements; removing the authority of the commission
   46         to appoint certain entities to administer a boating
   47         safety education course or temporary certificate
   48         examination and issue certain credentials; exempting
   49         certain persons from the requirement to possess
   50         certain documents aboard a vessel; removing the
   51         specified service fee amount that certain entities
   52         that issue boating safety identification cards and
   53         temporary certificates may charge and keep; amending
   54         s. 327.4107, F.S.; revising the conditions under which
   55         officers may determine a vessel is at risk of becoming
   56         derelict; authorizing certain officers to provide
   57         notice that a vessel is at risk of becoming derelict
   58         via body camera recordings; authorizing the commission
   59         or certain officers to relocate at-risk vessels to a
   60         certain distance from mangroves or vegetation;
   61         providing that the commission or officers are not
   62         liable for damages to such vessels; providing an
   63         exception; authorizing the commission to establish a
   64         derelict vessel prevention program consisting of
   65         certain components; authorizing the commission to
   66         adopt rules; providing that such program is subject to
   67         appropriation by the Legislature; providing for
   68         funding; amending s. 327.4108, F.S.; designating
   69         Monroe County as an anchoring limitation area subject
   70         to certain requirements; requiring the commission to
   71         adopt rules; providing construction; requiring the
   72         commission to designate a specified area as a priority
   73         for the removal of derelict vessels until certain
   74         conditions are met; deleting obsolete language;
   75         amending s. 327.4109, F.S.; prohibiting the anchoring
   76         or mooring of a vessel or floating structure within a
   77         certain distance of certain facilities; providing
   78         exceptions; amending s. 327.45, F.S.; authorizing the
   79         commission to establish protection zones where certain
   80         activities are prohibited in or near springs; amending
   81         s. 327.46, F.S.; authorizing a county or municipality
   82         to establish a boating-restricted area within and
   83         around a public mooring field and within certain
   84         portions of the Florida Intracoastal Waterway;
   85         creating s. 327.463, F.S.; specifying conditions under
   86         which a vessel is and is not operating at slow speed,
   87         minimum wake; prohibiting a person from operating a
   88         vessel faster than slow speed, minimum wake within a
   89         certain distance from other specified vessels;
   90         providing requirements for construction vessel or
   91         barge flags; exempting a person from being cited for a
   92         violation under certain circumstances; providing civil
   93         penalties; providing applicability; amending s.
   94         327.50, F.S.; authorizing the commission to exempt
   95         vessel owners and operators from certain safety
   96         equipment requirements; amending s. 327.53, F.S.;
   97         requiring the owner or operator of a live-aboard
   98         vessel or houseboat equipped with a marine sanitation
   99         device to maintain a record of the date and location
  100         of each pumpout of the device for a certain period;
  101         providing an exception; conforming a cross-reference;
  102         making technical changes; amending s. 327.54, F.S.;
  103         prohibiting a livery from leasing, hiring, or renting
  104         a vessel to a person required to complete a
  105         commission-approved boating safety education course
  106         unless such person presents certain documentation
  107         indicating compliance; amending s. 327.60, F.S.;
  108         authorizing a local government to enact and enforce
  109         regulations allowing the local law enforcement agency
  110         to remove an abandoned or lost vessel affixed to a
  111         public mooring; amending s. 327.73, F.S.; providing
  112         additional violations that qualify as noncriminal
  113         infractions; providing civil penalties; prohibiting
  114         conviction of a person cited for a violation relating
  115         to possessing proof of boating safety education under
  116         certain circumstances; increasing certain civil
  117         penalties; providing that certain vessels shall be
  118         declared a public nuisance subject to certain
  119         statutory provisions; authorizing the commission or
  120         certain officers to relocate or remove public nuisance
  121         vessels from the waters of this state; providing that
  122         the commission or officers are not liable for damages
  123         to such vessels; providing an exception; amending s.
  124         328.09, F.S.; prohibiting the Department of Highway
  125         Safety and Motor Vehicles from issuing a certificate
  126         of title to an applicant for a vessel that has been
  127         deemed derelict pursuant to certain provisions;
  128         authorizing the department, at a later date, to reject
  129         an application for a certificate of title for such a
  130         vessel; amending s. 376.15, F.S.; revising unlawful
  131         acts relating to derelict vessels; defining the term
  132         “leave”; prohibiting an owner or operator whose vessel
  133         becomes derelict due to specified accidents or events
  134         from being charged with a violation under certain
  135         circumstances; providing applicability; conforming
  136         provisions to changes made by the act; authorizing a
  137         governmental subdivision that has received
  138         authorization from a law enforcement officer or agency
  139         to direct a contractor to perform vessel storage,
  140         destruction, and disposal activities; authorizing the
  141         commission to provide local government grants for the
  142         storage, destruction, and disposal of derelict
  143         vessels; providing for funding; amending s. 705.103,
  144         F.S.; providing notice procedures for when a law
  145         enforcement officer ascertains that a derelict or
  146         public nuisance vessel is present on the waters of
  147         this state; requiring a mailed notice to the owner or
  148         party responsible for the vessel to inform him or her
  149         of the right to a hearing; providing hearing
  150         requirements; authorizing a law enforcement agency to
  151         take certain actions if a hearing is not requested or
  152         a vessel is determined to be derelict or otherwise in
  153         violation of law; revising provisions relating to
  154         liability for vessel removal costs and notification of
  155         the amount owed; providing criminal penalties for a
  156         person who is issued a registration for a vessel or
  157         motor vehicle before such costs are paid; requiring
  158         persons whose vessel registration and motor vehicle
  159         privileges have been revoked for failure to pay
  160         certain costs to be reported to the department;
  161         prohibiting issuance of a certificate of registration
  162         to such persons until such costs are paid; amending s.
  163         823.11, F.S.; revising application of definitions;
  164         revising the definition of the term “derelict vessel”;
  165         specifying requirements for a vessel to be considered
  166         wrecked, junked, or substantially dismantled;
  167         providing construction; revising unlawful acts
  168         relating to derelict vessels; defining the term
  169         “leave”; prohibiting an owner or operator whose vessel
  170         becomes derelict due to specified accidents or events
  171         from being charged with a violation under certain
  172         circumstances; providing applicability; providing that
  173         relocation or removal costs incurred by a governmental
  174         subdivision are recoverable against the vessel owner
  175         or the party determined to be legally responsible for
  176         the vessel being derelict; providing criminal
  177         penalties for a person who is issued a registration
  178         for a vessel or motor vehicle before such costs are
  179         paid; authorizing a governmental subdivision that has
  180         received authorization from a law enforcement officer
  181         or agency to direct a contractor to perform vessel
  182         relocation or removal activities; providing effective
  183         dates.
  184          
  185  Be It Enacted by the Legislature of the State of Florida:
  186  
  187         Section 1. Effective October 1, 2021, paragraphs (a) and
  188  (c) of subsection (1) of section 316.1932, Florida Statutes, are
  189  amended to read:
  190         316.1932 Tests for alcohol, chemical substances, or
  191  controlled substances; implied consent; refusal.—
  192         (1)(a)1.a. A Any person who accepts the privilege extended
  193  by the laws of this state of operating a motor vehicle within
  194  this state is, by so operating such vehicle, deemed to have
  195  given his or her consent to submit to an approved chemical test
  196  or physical test including, but not limited to, an infrared
  197  light test of his or her breath for the purpose of determining
  198  the alcoholic content of his or her blood or breath if the
  199  person is lawfully arrested for any offense allegedly committed
  200  while the person was driving or was in actual physical control
  201  of a motor vehicle while under the influence of alcoholic
  202  beverages. The chemical or physical breath test must be
  203  incidental to a lawful arrest and administered at the request of
  204  a law enforcement officer who has reasonable cause to believe
  205  such person was driving or was in actual physical control of the
  206  motor vehicle within this state while under the influence of
  207  alcoholic beverages. The administration of a breath test does
  208  not preclude the administration of another type of test. The
  209  person shall be told that his or her failure to submit to any
  210  lawful test of his or her breath will result in the suspension
  211  of the person’s privilege to operate a motor vehicle for a
  212  period of 1 year for a first refusal, or for a period of 18
  213  months if the driving privilege of such person has been
  214  previously suspended or if he or she has previously been fined
  215  under s. 327.35215 as a result of a refusal to submit to such a
  216  test or tests required under this chapter or chapter 327, and
  217  shall also be told that if he or she refuses to submit to a
  218  lawful test of his or her breath and his or her driving
  219  privilege has been previously suspended or if he or she has
  220  previously been fined under s. 327.35215 for a prior refusal to
  221  submit to a lawful test of his or her breath, urine, or blood as
  222  required under this chapter or chapter 327, he or she commits a
  223  misdemeanor of the first degree, punishable as provided in s.
  224  775.082 or s. 775.083, in addition to any other penalties
  225  provided by law. The refusal to submit to a chemical or physical
  226  breath test upon the request of a law enforcement officer as
  227  provided in this section is admissible into evidence in any
  228  criminal proceeding.
  229         b. A Any person who accepts the privilege extended by the
  230  laws of this state of operating a motor vehicle within this
  231  state is, by so operating such vehicle, deemed to have given his
  232  or her consent to submit to a urine test for the purpose of
  233  detecting the presence of chemical substances as set forth in s.
  234  877.111 or controlled substances if the person is lawfully
  235  arrested for any offense allegedly committed while the person
  236  was driving or was in actual physical control of a motor vehicle
  237  while under the influence of chemical substances or controlled
  238  substances. The urine test must be incidental to a lawful arrest
  239  and administered at a detention facility or any other facility,
  240  mobile or otherwise, which is equipped to administer such tests
  241  at the request of a law enforcement officer who has reasonable
  242  cause to believe such person was driving or was in actual
  243  physical control of a motor vehicle within this state while
  244  under the influence of chemical substances or controlled
  245  substances. The urine test shall be administered at a detention
  246  facility or any other facility, mobile or otherwise, which is
  247  equipped to administer such test in a reasonable manner that
  248  will ensure the accuracy of the specimen and maintain the
  249  privacy of the individual involved. The administration of a
  250  urine test does not preclude the administration of another type
  251  of test. The person shall be told that his or her failure to
  252  submit to any lawful test of his or her urine will result in the
  253  suspension of the person’s privilege to operate a motor vehicle
  254  for a period of 1 year for the first refusal, or for a period of
  255  18 months if the driving privilege of such person has been
  256  previously suspended or if he or she has previously been fined
  257  under s. 327.35215 as a result of a refusal to submit to such a
  258  test or tests required under this chapter or chapter 327, and
  259  shall also be told that if he or she refuses to submit to a
  260  lawful test of his or her urine and his or her driving privilege
  261  has been previously suspended or if he or she has previously
  262  been fined under s. 327.35215 for a prior refusal to submit to a
  263  lawful test of his or her breath, urine, or blood as required
  264  under this chapter or chapter 327, he or she commits a
  265  misdemeanor of the first degree, punishable as provided in s.
  266  775.082 or s. 775.083, in addition to any other penalties
  267  provided by law. The refusal to submit to a urine test upon the
  268  request of a law enforcement officer as provided in this section
  269  is admissible into evidence in any criminal proceeding.
  270         2. The Alcohol Testing Program within the Department of Law
  271  Enforcement is responsible for the regulation of the operation,
  272  inspection, and registration of breath test instruments utilized
  273  under the driving and boating under the influence provisions and
  274  related provisions located in this chapter and chapters 322 and
  275  327. The program is responsible for the regulation of the
  276  individuals who operate, inspect, and instruct on the breath
  277  test instruments utilized in the driving and boating under the
  278  influence provisions and related provisions located in this
  279  chapter and chapters 322 and 327. The program is further
  280  responsible for the regulation of blood analysts who conduct
  281  blood testing to be utilized under the driving and boating under
  282  the influence provisions and related provisions located in this
  283  chapter and chapters 322 and 327. The program shall:
  284         a. Establish uniform criteria for the issuance of permits
  285  to breath test operators, agency inspectors, instructors, blood
  286  analysts, and instruments.
  287         b. Have the authority to permit breath test operators,
  288  agency inspectors, instructors, blood analysts, and instruments.
  289         c. Have the authority to discipline and suspend, revoke, or
  290  renew the permits of breath test operators, agency inspectors,
  291  instructors, blood analysts, and instruments.
  292         d. Establish uniform requirements for instruction and
  293  curricula for the operation and inspection of approved
  294  instruments.
  295         e. Have the authority to specify one approved curriculum
  296  for the operation and inspection of approved instruments.
  297         f. Establish a procedure for the approval of breath test
  298  operator and agency inspector classes.
  299         g. Have the authority to approve or disapprove breath test
  300  instruments and accompanying paraphernalia for use pursuant to
  301  the driving and boating under the influence provisions and
  302  related provisions located in this chapter and chapters 322 and
  303  327.
  304         h. With the approval of the executive director of the
  305  Department of Law Enforcement, make and enter into contracts and
  306  agreements with other agencies, organizations, associations,
  307  corporations, individuals, or federal agencies as are necessary,
  308  expedient, or incidental to the performance of duties.
  309         i. Issue final orders which include findings of fact and
  310  conclusions of law and which constitute final agency action for
  311  the purpose of chapter 120.
  312         j. Enforce compliance with the provisions of this section
  313  through civil or administrative proceedings.
  314         k. Make recommendations concerning any matter within the
  315  purview of this section, this chapter, chapter 322, or chapter
  316  327.
  317         l. Promulgate rules for the administration and
  318  implementation of this section, including definitions of terms.
  319         m. Consult and cooperate with other entities for the
  320  purpose of implementing the mandates of this section.
  321         n. Have the authority to approve the type of blood test
  322  utilized under the driving and boating under the influence
  323  provisions and related provisions located in this chapter and
  324  chapters 322 and 327.
  325         o. Have the authority to specify techniques and methods for
  326  breath alcohol testing and blood testing utilized under the
  327  driving and boating under the influence provisions and related
  328  provisions located in this chapter and chapters 322 and 327.
  329         p. Have the authority to approve repair facilities for the
  330  approved breath test instruments, including the authority to set
  331  criteria for approval.
  332  
  333  Nothing in this section shall be construed to supersede
  334  provisions in this chapter and chapters 322 and 327. The
  335  specifications in this section are derived from the power and
  336  authority previously and currently possessed by the Department
  337  of Law Enforcement and are enumerated to conform with the
  338  mandates of chapter 99-379, Laws of Florida.
  339         (c) A Any person who accepts the privilege extended by the
  340  laws of this state of operating a motor vehicle within this
  341  state is, by operating such vehicle, deemed to have given his or
  342  her consent to submit to an approved blood test for the purpose
  343  of determining the alcoholic content of the blood or a blood
  344  test for the purpose of determining the presence of chemical
  345  substances or controlled substances as provided in this section
  346  if there is reasonable cause to believe the person was driving
  347  or in actual physical control of a motor vehicle while under the
  348  influence of alcoholic beverages or chemical or controlled
  349  substances and the person appears for treatment at a hospital,
  350  clinic, or other medical facility and the administration of a
  351  breath or urine test is impractical or impossible. As used in
  352  this paragraph, the term “other medical facility” includes an
  353  ambulance or other medical emergency vehicle. The blood test
  354  shall be performed in a reasonable manner. A Any person who is
  355  incapable of refusal by reason of unconsciousness or other
  356  mental or physical condition is deemed not to have withdrawn his
  357  or her consent to such test. A blood test may be administered
  358  whether or not the person is told that his or her failure to
  359  submit to such a blood test will result in the suspension of the
  360  person’s privilege to operate a motor vehicle upon the public
  361  highways of this state and that a refusal to submit to a lawful
  362  test of his or her blood, if his or her driving privilege has
  363  been previously suspended for refusal to submit to a lawful test
  364  of his or her breath, urine, or blood, is a misdemeanor. A Any
  365  person who is capable of refusal shall be told that his or her
  366  failure to submit to such a blood test will result in the
  367  suspension of the person’s privilege to operate a motor vehicle
  368  for a period of 1 year for a first refusal, or for a period of
  369  18 months if the driving privilege of the person has been
  370  suspended previously or if he or she has previously been fined
  371  under s. 327.35215 as a result of a refusal to submit to such a
  372  test or tests required under this chapter or chapter 327, and
  373  that a refusal to submit to a lawful test of his or her blood,
  374  if his or her driving privilege has been previously suspended
  375  for a prior refusal to submit to a lawful test of his or her
  376  breath, urine, or blood, is a misdemeanor. The refusal to submit
  377  to a blood test upon the request of a law enforcement officer is
  378  admissible in evidence in any criminal proceeding.
  379         Section 2. Effective October 1, 2021, subsection (1) of
  380  section 316.1939, Florida Statutes, is amended to read:
  381         316.1939 Refusal to submit to testing; penalties.—
  382         (1) A Any person who has refused to submit to a chemical or
  383  physical test of his or her breath, blood, or urine, as
  384  described in s. 316.1932, and whose driving privilege was
  385  previously suspended or who was previously fined under s.
  386  327.35215 for a prior refusal to submit to a lawful test of his
  387  or her breath, urine, or blood required under this chapter or
  388  chapter 327, and:
  389         (a) Who the arresting law enforcement officer had probable
  390  cause to believe was driving or in actual physical control of a
  391  motor vehicle in this state while under the influence of
  392  alcoholic beverages, chemical substances, or controlled
  393  substances;
  394         (b) Who was placed under lawful arrest for a violation of
  395  s. 316.193 unless such test was requested pursuant to s.
  396  316.1932(1)(c);
  397         (c) Who was informed that, if he or she refused to submit
  398  to such test, his or her privilege to operate a motor vehicle
  399  would be suspended for a period of 1 year or, in the case of a
  400  second or subsequent refusal, for a period of 18 months;
  401         (d) Who was informed that a refusal to submit to a lawful
  402  test of his or her breath or, urine, or blood, if his or her
  403  driving privilege has been previously suspended or if he or she
  404  has previously been fined under s. 327.35215 for a prior refusal
  405  to submit to a lawful test of his or her breath, urine, or blood
  406  as required under this chapter or chapter 327, is a misdemeanor
  407  of the first degree, punishable as provided in s. 775.082 or s.
  408  775.083, in addition to any other penalties provided by law; and
  409         (e) Who, after having been so informed, refused to submit
  410  to any such test when requested to do so by a law enforcement
  411  officer or correctional officer commits a misdemeanor of the
  412  first degree and is subject to punishment as provided in s.
  413  775.082 or s. 775.083.
  414         Section 3. Present subsections (18) through (47) of section
  415  327.02, Florida Statutes, are redesignated as subsections (19)
  416  through (48), respectively, a new subsection (18) is added to
  417  that section, and present subsection (31) of that section is
  418  amended, to read:
  419         327.02 Definitions.—As used in this chapter and in chapter
  420  328, unless the context clearly requires a different meaning,
  421  the term:
  422         (18)“Human-powered vessel” means a vessel powered only by
  423  its occupant or occupants, including, but not limited to, a
  424  vessel powered only by the occupants’ hands or feet, oars, or
  425  paddles.
  426         (32)(31) “Navigation rules” means, for vessels on:
  427         (a) Waters outside established navigational lines of
  428  demarcation as specified in 33 C.F.R. part 80, the International
  429  Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended,
  430  including the appendix and annexes thereto, through December 31,
  431  2020 October 1, 2012.
  432         (b) All waters not outside of such established lines of
  433  demarcation, the Inland Navigational Rules Act of 1980, 33
  434  C.F.R. parts 83-90, as amended, through December 31, 2020
  435  October 1, 2012.
  436         Section 4. Section 327.04, Florida Statutes, is amended to
  437  read:
  438         327.04 Rules.—The commission may has authority to adopt
  439  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  440  provisions of this chapter, the provisions of chapter 705
  441  relating to vessels, and ss. 376.15 and 823.11 conferring powers
  442  or duties upon it.
  443         Section 5. Section 327.462, Florida Statutes, is created to
  444  read:
  445         327.462Temporary protection zones for spaceflight launches
  446  and recovery of spaceflight assets.—
  447         (1)As used in this section, the term:
  448         (a)“Launch services” means the conduct of a launch and
  449  activities involved in the preparation of a launch vehicle,
  450  payload, government astronaut, commercial astronaut, or
  451  spaceflight participant for such launch.
  452         (b)“Reentry services” means the conduct of a reentry and
  453  activities involved in the preparation of a reentry vehicle,
  454  payload, government astronaut, commercial astronaut, or
  455  spaceflight participant for such reentry.
  456         (c)“Spaceflight assets” means any item, or any part of an
  457  item, owned by a spaceflight entity which is used in launch
  458  services or reentry services, including crewed and uncrewed
  459  spacecraft, launch vehicles, parachutes and other landing aids,
  460  and any spacecraft or ancillary equipment that was attached to
  461  the launch vehicle during launch, orbit, or reentry.
  462         (d)“Spaceflight entity” has the same meaning as provided
  463  in s. 331.501.
  464         (2)The head of a law enforcement agency or entity
  465  identified in s. 327.70(1), or his or her designee, may, upon
  466  waters of this state within the law enforcement agency’s or
  467  entity’s jurisdiction, when necessary for preparations in
  468  advance of a launch service or reentry service or for the
  469  recovery of spaceflight assets before or after a launch service
  470  or reentry service, temporarily establish a protection zone
  471  requiring vessels to leave, or prohibiting vessels from
  472  entering, water bodies within:
  473         (a)Five hundred yards of where launch services, reentry
  474  services, or spaceflight asset recovery operations are being
  475  conducted; or
  476         (b)A distance greater than provided in paragraph (a) if
  477  the head of such law enforcement agency or entity, or his or her
  478  designee, determines such greater distance is in the best
  479  interest of public safety.
  480         (3)A protection zone established under subsection (2) may
  481  remain in effect only as long as necessary to ensure security
  482  around the launch and recovery areas and to recover spaceflight
  483  assets and any personnel being transported within a spacecraft
  484  following the launch or reentry activity. Such protection zone
  485  may not be in place more than 72 hours before or 72 hours after
  486  the launch. The head of a law enforcement agency or entity
  487  identified in s. 327.70, or his or her designee:
  488         (a)May also restrict vessels from operating within up to
  489  500 yards of any vessel transporting recovered spaceflight
  490  assets following a spaceflight launch or reentry while such
  491  vessel is continuously underway transporting such assets to a
  492  location for removal from the waters of this state; and
  493         (b)May not restrict vessel movement within the Florida
  494  Intracoastal Waterway, except as necessary during the transport
  495  of spaceflight assets to or from port or during exigent
  496  circumstances.
  497         (4)The head of a law enforcement agency or entity
  498  establishing a protection zone under this section, or his or her
  499  designee, must report the establishment of such protection zone
  500  via e-mail to the commission’s Division of Law Enforcement,
  501  Boating and Waterways Section, and to the appropriate United
  502  States Coast Guard Sector Command having responsibility over the
  503  water body, at least 72 hours before establishment of the
  504  protection zone. Such report must include the reasons for the
  505  protection zone, the portion of the water body or water bodies
  506  which will be included in the protection zone, and the duration
  507  of the protection zone. No later than 72 hours after the end of
  508  the protection zone period, the head of the law enforcement
  509  agency or entity, or his or her designee, must report via e-mail
  510  to the commission’s Division of Law Enforcement, Boating and
  511  Waterways Section, the details of all citations issued for
  512  violating the protection zone.
  513         (5)This section applies only to launch services, reentry
  514  services, or the recovery of spaceflight assets occurring or
  515  originating within spaceport territory, as defined in s.
  516  331.304, and to federally licensed or federally authorized
  517  launches and reentries occurring or transiting to an end
  518  destination upon waters of this state.
  519         (6)A person who violates this section or any directive
  520  given by a law enforcement officer relating to the establishment
  521  of a protection zone under this section after being advised of
  522  the establishment of the protection zone commits a misdemeanor
  523  of the second degree, punishable as provided in s. 775.082 or s.
  524  775.083.
  525         Section 6. Effective October 1, 2021, paragraphs (a) and
  526  (c) of subsection (1) of section 327.352, Florida Statutes, are
  527  amended to read:
  528         327.352 Tests for alcohol, chemical substances, or
  529  controlled substances; implied consent; refusal.—
  530         (1)(a)1. The Legislature declares that the operation of a
  531  vessel is a privilege that must be exercised in a reasonable
  532  manner. In order to protect the public health and safety, it is
  533  essential that a lawful and effective means of reducing the
  534  incidence of boating while impaired or intoxicated be
  535  established. Therefore, a any person who accepts the privilege
  536  extended by the laws of this state of operating a vessel within
  537  this state is, by so operating such vessel, deemed to have given
  538  his or her consent to submit to an approved chemical test or
  539  physical test including, but not limited to, an infrared light
  540  test of his or her breath for the purpose of determining the
  541  alcoholic content of his or her blood or breath if the person is
  542  lawfully arrested for any offense allegedly committed while the
  543  person was operating a vessel while under the influence of
  544  alcoholic beverages. The chemical or physical breath test must
  545  be incidental to a lawful arrest and administered at the request
  546  of a law enforcement officer who has reasonable cause to believe
  547  such person was operating the vessel within this state while
  548  under the influence of alcoholic beverages. The administration
  549  of a breath test does not preclude the administration of another
  550  type of test. The person shall be told that his or her failure
  551  to submit to any lawful test of his or her breath under this
  552  chapter will result in a civil penalty of $500, and shall also
  553  be told that if he or she refuses to submit to a lawful test of
  554  his or her breath and he or she has been previously fined under
  555  s. 327.35215 or has previously had his or her driver license
  556  suspended for refusal to submit to any lawful test of his or her
  557  breath, urine, or blood, he or she commits a misdemeanor of the
  558  first degree, punishable as provided in s. 775.082 or s.
  559  775.083, in addition to any other penalties provided by law. The
  560  refusal to submit to a chemical or physical breath test upon the
  561  request of a law enforcement officer as provided in this section
  562  is admissible into evidence in any criminal proceeding.
  563         2. A Any person who accepts the privilege extended by the
  564  laws of this state of operating a vessel within this state is,
  565  by so operating such vessel, deemed to have given his or her
  566  consent to submit to a urine test for the purpose of detecting
  567  the presence of chemical substances as set forth in s. 877.111
  568  or controlled substances if the person is lawfully arrested for
  569  any offense allegedly committed while the person was operating a
  570  vessel while under the influence of chemical substances or
  571  controlled substances. The urine test must be incidental to a
  572  lawful arrest and administered at a detention facility or any
  573  other facility, mobile or otherwise, which is equipped to
  574  administer such tests at the request of a law enforcement
  575  officer who has reasonable cause to believe such person was
  576  operating a vessel within this state while under the influence
  577  of chemical substances or controlled substances. The urine test
  578  shall be administered at a detention facility or any other
  579  facility, mobile or otherwise, which is equipped to administer
  580  such test in a reasonable manner that will ensure the accuracy
  581  of the specimen and maintain the privacy of the individual
  582  involved. The administration of a urine test does not preclude
  583  the administration of another type of test. The person shall be
  584  told that his or her failure to submit to any lawful test of his
  585  or her urine under this chapter will result in a civil penalty
  586  of $500, and shall also be told that if he or she refuses to
  587  submit to a lawful test of his or her urine and he or she has
  588  been previously fined under s. 327.35215 or has previously had
  589  his or her driver license suspended for refusal to submit to any
  590  lawful test of his or her breath, urine, or blood, he or she
  591  commits a misdemeanor of the first degree, punishable as
  592  provided in s. 775.082 or s. 775.083, in addition to any other
  593  penalties provided by law. The refusal to submit to a urine test
  594  upon the request of a law enforcement officer as provided in
  595  this section is admissible into evidence in any criminal
  596  proceeding.
  597         (c) A Any person who accepts the privilege extended by the
  598  laws of this state of operating a vessel within this state is,
  599  by operating such vessel, deemed to have given his or her
  600  consent to submit to an approved blood test for the purpose of
  601  determining the alcoholic content of the blood or a blood test
  602  for the purpose of determining the presence of chemical
  603  substances or controlled substances as provided in this section
  604  if there is reasonable cause to believe the person was operating
  605  a vessel while under the influence of alcoholic beverages or
  606  chemical or controlled substances and the person appears for
  607  treatment at a hospital, clinic, or other medical facility and
  608  the administration of a breath or urine test is impractical or
  609  impossible. As used in this paragraph, the term “other medical
  610  facility” includes an ambulance or other medical emergency
  611  vehicle. The blood test shall be performed in a reasonable
  612  manner. A Any person who is incapable of refusal by reason of
  613  unconsciousness or other mental or physical condition is deemed
  614  not to have withdrawn his or her consent to such test. A Any
  615  person who is capable of refusal shall be told that his or her
  616  failure to submit to such a blood test will result in a civil
  617  penalty of $500 and that a refusal to submit to a lawful test of
  618  his or her blood, if he or she has previously been fined for
  619  refusal to submit to any lawful test of his or her breath,
  620  urine, or blood, is a misdemeanor. The refusal to submit to a
  621  blood test upon the request of a law enforcement officer shall
  622  be admissible in evidence in any criminal proceeding.
  623         Section 7. Subsection (3) of section 327.35215, Florida
  624  Statutes, is amended to read:
  625         327.35215 Penalty for failure to submit to test.—
  626         (3) A person who has been advised of the penalties pursuant
  627  to subsection (2) may, within 30 days afterwards, request a
  628  hearing before a county court judge. A request for a hearing
  629  tolls the period for payment of the civil penalty, and, if
  630  assessment of the civil penalty is sustained by the hearing and
  631  any subsequent judicial review, the civil penalty must be paid
  632  within 30 days after final disposition. The clerk of the court
  633  shall notify the Department of Highway Safety and Motor Vehicles
  634  of the final disposition of all actions filed under this section
  635  by electronic transmission in a format prescribed by the
  636  department. When the department receives the final disposition,
  637  the department shall enter the disposition on the person’s
  638  driving record.
  639         Section 8. Effective October 1, 2021, section 327.359,
  640  Florida Statutes, is amended to read:
  641         327.359 Refusal to submit to testing; penalties.—A Any
  642  person who has refused to submit to a chemical or physical test
  643  of his or her breath, blood, or urine, as described in s.
  644  327.352, and who has been previously fined under s. 327.35215 or
  645  has previously had his or her driver license suspended for
  646  refusal to submit to a lawful test of his or her breath, urine,
  647  or blood, and:
  648         (1) Who the arresting law enforcement officer had probable
  649  cause to believe was operating or in actual physical control of
  650  a vessel in this state while under the influence of alcoholic
  651  beverages, chemical substances, or controlled substances;
  652         (2) Who was placed under lawful arrest for a violation of
  653  s. 327.35 unless such test was requested pursuant to s.
  654  327.352(1)(c);
  655         (3) Who was informed that if he or she refused to submit to
  656  such test, he or she is subject to a fine of $500;
  657         (4) Who was informed that a refusal to submit to a lawful
  658  test of his or her breath or, urine, or blood, if he or she has
  659  been previously fined under s. 327.35215 or has previously had
  660  his or her driver license suspended for refusal to submit to a
  661  lawful test of his or her breath, urine, or blood, is a
  662  misdemeanor of the first degree, punishable as provided in s.
  663  775.082 or s. 775.083; and
  664         (5) Who, after having been so informed, refused to submit
  665  to any such test when requested to do so by a law enforcement
  666  officer or correctional officer commits a misdemeanor of the
  667  first degree, punishable and is subject to punishment as
  668  provided in s. 775.082 or s. 775.083.
  669         Section 9. Section 327.371, Florida Statutes, is created to
  670  read:
  671         327.371Human-powered vessels regulated.—
  672         (1)A person may operate a human-powered vessel within the
  673  boundaries of the marked channel of the Florida Intracoastal
  674  Waterway as defined in s. 327.02:
  675         (a)When the marked channel is the only navigable portion
  676  of the waterway available due to vessel congestion or
  677  obstructions on the water. The operator of the human-powered
  678  vessel shall proceed with diligence to a location where he or
  679  she may safely operate the vessel outside the marked channel of
  680  the Florida Intracoastal Waterway.
  681         (b)When crossing the marked channel, provided that the
  682  crossing is done in the most direct, continuous, and expeditious
  683  manner possible and does not interfere with other vessel traffic
  684  in the channel.
  685         (c)During an emergency endangering life or limb.
  686         (2)A person may not operate a human-powered vessel in the
  687  marked channel of the Florida Intracoastal Waterway except as
  688  provided in subsection (1).
  689         (3)A person who violates this section commits a
  690  noncriminal infraction, punishable as provided in s. 327.73.
  691         Section 10. Subsection (1) and paragraphs (a) and (b) of
  692  subsection (5) of section 327.391, Florida Statutes, are amended
  693  to read:
  694         327.391 Airboats regulated.—
  695         (1) The exhaust of every internal combustion engine used on
  696  any airboat operated on the waters of this state shall be
  697  provided with an automotive-style factory muffler, underwater
  698  exhaust, or other manufactured device capable of adequately
  699  muffling the sound of the exhaust of the engine as described in
  700  s. 327.02(31) s. 327.02(30). The use of cutouts or flex pipe as
  701  the sole source of muffling is prohibited, except as provided in
  702  subsection (4). A Any person who violates this subsection
  703  commits a noncriminal infraction, punishable as provided in s.
  704  327.73(1).
  705         (5)(a) Beginning July 1, 2019, A person may not operate an
  706  airboat to carry one or more passengers for hire on waters of
  707  this the state unless he or she has all of the following onboard
  708  the airboat:
  709         1. A photographic identification card.
  710         2. Proof of completion of a boater education course that
  711  complies with s. 327.395(2)(a) s. 327.395(1)(a). Except as
  712  provided in paragraph (b), no operator is exempt from this
  713  requirement, regardless of age or the exemptions provided under
  714  s. 327.395.
  715         3. Proof of successful completion of a commission-approved
  716  airboat operator course that meets the minimum standards
  717  established by commission rule.
  718         4. Proof of successful course completion in cardiopulmonary
  719  resuscitation and first aid.
  720         (b) A person issued a captain’s license by the United
  721  States Coast Guard is not required to complete a boating safety
  722  education course that complies with s. 327.395(2)(a) s.
  723  327.395(1)(a). Proof of the captain’s license must be onboard
  724  the airboat when carrying one or more passengers for hire on
  725  waters of this the state.
  726         Section 11. Section 327.395, Florida Statutes, is amended
  727  to read:
  728         327.395 Boating safety education.—
  729         (1) A person born on or after January 1, 1988, may not
  730  operate a vessel powered by a motor of 10 horsepower or greater
  731  unless such person has in his or her possession aboard the
  732  vessel the documents required by subsection (2).
  733         (2)While operating a vessel, a person identified under
  734  subsection (1) must have in his or her possession aboard the
  735  vessel photographic identification and a Florida boating safety
  736  identification card issued by the commission;, a state-issued
  737  identification card or driver license indicating possession of
  738  the Florida boating safety identification card;, or photographic
  739  identification and a temporary certificate issued or approved by
  740  the commission, an International Certificate of Competency, a
  741  boating safety card or certificate from another state or United
  742  States territory, or a Canadian Pleasure Craft Operator Card,
  743  which shows that he or she has:
  744         (a) Completed a commission-approved boating safety
  745  education course that meets the minimum requirements established
  746  by the National Association of State Boating Law Administrators;
  747  or
  748         (b) Passed a temporary certificate examination developed or
  749  approved by the commission;
  750         (c)A valid International Certificate of Competency; or
  751         (d)Completed a boating safety education course or
  752  equivalency examination in another state, a United States
  753  territory, or Canada which meets or exceeds the minimum
  754  requirements established by the National Association of State
  755  Boating Law Administrators.
  756         (3)(a)(2)(a) A person may obtain a Florida boating safety
  757  identification card by successfully completing a boating safety
  758  education course that meets the requirements of this section and
  759  rules adopted by the commission pursuant to this section.
  760         (b) A person may obtain a temporary certificate by passing
  761  a temporary certificate examination that meets the requirements
  762  of this section and rules adopted by the commission pursuant to
  763  this section.
  764         (4)(3)A Any commission-approved boating safety education
  765  course or temporary certificate examination developed or
  766  approved by the commission must include a component regarding
  767  diving vessels, awareness of divers in the water, divers-down
  768  warning devices, and the requirements of s. 327.331.
  769         (4)The commission may appoint liveries, marinas, or other
  770  persons as its agents to administer the course or temporary
  771  certificate examination and issue identification cards or
  772  temporary certificates in digital, electronic, or paper format
  773  under guidelines established by the commission. An agent must
  774  charge the $2 examination fee, which must be forwarded to the
  775  commission with proof of passage of the examination and may
  776  charge and keep a $1 service fee.
  777         (5) A Florida boating safety identification card issued to
  778  a person who has completed a boating safety education course is
  779  valid for life. A temporary certificate issued to a person who
  780  has passed a temporary certification examination is valid for 90
  781  days after the date of issuance. The commission may issue either
  782  the boating safety identification card or the temporary
  783  certificate in a digital, electronic, or paper format.
  784         (6) A person is exempt from subsection (1) if he or she:
  785         (a)1. Is licensed by the United States Coast Guard to serve
  786  as master of a vessel; or
  787         2.Has been previously licensed by the United States Coast
  788  Guard to serve as master of a vessel, provides proof of such
  789  licensure to the commission, and requests that a boating safety
  790  identification card be issued in his or her name.
  791         (b) Operates a vessel only on a private lake or pond.
  792         (c) Is accompanied in the vessel by a person who is exempt
  793  from this section or who holds a boating safety identification
  794  card in compliance with this section, who is 18 years of age or
  795  older, and who is attendant to the operation of the vessel and
  796  responsible for the safe operation of the vessel and for any
  797  violation that occurs during the operation of the vessel.
  798         (d) Is a nonresident who has in his or her possession
  799  photographic identification and proof that he or she has
  800  completed a boating safety education course or equivalency
  801  examination in another state or a United States territory which
  802  meets or exceeds the minimum requirements established by the
  803  National Association of State Boating Law Administrators.
  804         (e) Is operating a vessel within 90 days after the purchase
  805  of that vessel and has available for inspection aboard that
  806  vessel a bill of sale meeting the requirements of s. 328.46(1).
  807         (f) Is operating a vessel within 90 days after completing a
  808  boating safety education course in accordance with paragraph
  809  (2)(a) the requirements of paragraph (1)(a) and has a
  810  photographic identification card and a boating safety education
  811  certificate available for inspection as proof of having
  812  completed a boating safety education course. The boating safety
  813  education certificate must provide, at a minimum, the student’s
  814  first and last name, the student’s date of birth, and the date
  815  that he or she passed the course examination.
  816         (g) Is exempted by rule of the commission.
  817         (7) A person who operates a vessel in violation of this
  818  section subsection (1) commits a noncriminal infraction,
  819  punishable as provided in s. 327.73.
  820         (8) The commission shall institute and coordinate a
  821  statewide program of boating safety instruction and
  822  certification to ensure that boating safety courses and
  823  examinations are available in each county of this the state. The
  824  commission may appoint agents to administer the boating safety
  825  education course or temporary certificate examination and may
  826  authorize the agents to issue temporary certificates in digital,
  827  electronic, or paper format. An agent The agents shall charge
  828  and collect the $2 fee required in subsection (9) for each
  829  temporary certificate requested of the commission by that agent,
  830  which must be forwarded to the commission. The agent may charge
  831  and keep a $1 service fee.
  832         (9) The commission may is authorized to establish and to
  833  collect a $2 fee for each card and temporary certificate issued
  834  pursuant to this section.
  835         (10) The commission shall design forms and adopt rules
  836  pursuant to chapter 120 to implement the provisions of this
  837  section.
  838         (11) This section may be cited as the “Osmany ‘Ozzie’
  839  Castellanos Boating Safety Education Act.”
  840         Section 12. Present subsection (5) of section 327.4107,
  841  Florida Statutes, is redesignated as subsection (6), a new
  842  subsection (5) and subsection (7) are added to that section, and
  843  paragraphs (d) and (e) of subsection (2) of that section are
  844  amended, to read:
  845         327.4107 Vessels at risk of becoming derelict on waters of
  846  this state.—
  847         (2) An officer of the commission or of a law enforcement
  848  agency specified in s. 327.70 may determine that a vessel is at
  849  risk of becoming derelict if any of the following conditions
  850  exist:
  851         (d) The vessel is left or stored aground unattended in such
  852  a state that would prevent the vessel from getting underway, is
  853  listing due to water intrusion, or is sunk or partially sunk.
  854         (e) The vessel does not have an effective means of
  855  propulsion for safe navigation within 72 hours after the vessel
  856  owner or operator receives telephonic notice, in-person notice
  857  recorded on an agency-approved body camera, or written notice,
  858  which may be provided by facsimile, electronic mail, or other
  859  electronic means, stating such from an officer, and the vessel
  860  owner or operator is unable to provide a receipt, proof of
  861  purchase, or other documentation of having ordered necessary
  862  parts for vessel repair. The commission may adopt rules to
  863  implement this paragraph.
  864         (5)The commission, an officer of the commission, or a law
  865  enforcement agency or officer specified in s. 327.70 may
  866  relocate or cause to be relocated an at-risk vessel found to be
  867  in violation of this section to a distance greater than 20 feet
  868  from a mangrove or upland vegetation. The commission, an officer
  869  of the commission, or a law enforcement agency or officer acting
  870  pursuant to this subsection upon waters of this state shall be
  871  held harmless for all damages to the at-risk vessel resulting
  872  from such relocation unless the damage results from gross
  873  negligence or willful misconduct as these terms are defined in
  874  s. 823.11.
  875         (7)The commission may establish a derelict vessel
  876  prevention program to address vessels at risk of becoming
  877  derelict. Such program may, but is not required to, include:
  878         (a)Removal, relocation, and destruction of vessels
  879  declared a public nuisance, derelict or at risk of becoming
  880  derelict, or lost or abandoned in accordance with s. 327.53(7),
  881  s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
  882         (b)Creation of a vessel turn-in program allowing the owner
  883  of a vessel determined by law enforcement to be at risk of
  884  becoming derelict in accordance with this section to turn his or
  885  her vessel and vessel title over to the commission to be
  886  destroyed without penalty.
  887         (c)Providing for removal and destruction of an abandoned
  888  vessel for which an owner cannot be identified or the owner of
  889  which is deceased and no heir is interested in acquiring the
  890  vessel.
  891         (d)Purchase of anchor line, anchors, and other equipment
  892  necessary for securing vessels at risk of becoming derelict.
  893         (e)Creating or acquiring moorings designated for securing
  894  vessels at risk of becoming derelict.
  895  
  896  The commission may adopt rules to implement this subsection.
  897  Implementation of the derelict vessel prevention program shall
  898  be subject to appropriation by the Legislature and shall be
  899  funded by the Marine Resources Conservation Trust Fund or the
  900  Florida Coastal Protection Trust Fund.
  901         Section 13. Section 327.4108, Florida Statutes, is amended
  902  to read:
  903         327.4108 Anchoring of vessels in anchoring limitation
  904  areas.—
  905         (1) The following densely populated urban areas, which have
  906  narrow state waterways, residential docking facilities, and
  907  significant recreational boating traffic, are designated as
  908  anchoring limitation areas, within which a person may not anchor
  909  a vessel at any time during the period between one-half hour
  910  after sunset and one-half hour before sunrise, except as
  911  provided in subsections (3) and (4):
  912         (a) The section of Middle River lying between Northeast
  913  21st Court and the Intracoastal Waterway in Broward County.
  914         (b) Sunset Lake in Miami-Dade County.
  915         (c) The sections of Biscayne Bay in Miami-Dade County lying
  916  between:
  917         1. Rivo Alto Island and Di Lido Island.
  918         2. San Marino Island and San Marco Island.
  919         3. San Marco Island and Biscayne Island.
  920         (2)(a)Monroe County is designated as an anchoring
  921  limitation area within which a vessel on waters of the state may
  922  only be anchored in the same location for a maximum of 90 days.
  923  The commission shall adopt rules to implement this subsection.
  924         (b)The anchoring limitations in this subsection do not
  925  apply to approved and permitted moorings or mooring fields.
  926         (c)Notwithstanding the commission rules adopted pursuant
  927  to this section, this section is not effective for Monroe County
  928  until the county approves, permits, and opens new moorings for
  929  public use, including at least 250 moorings within 1 mile of the
  930  Key West Bight City Dock and at least 50 moorings within the Key
  931  West Garrison Bight Mooring Field. Until such time, the
  932  commission shall designate the area within 1 mile of the Key
  933  West Bight City Dock as a priority for the investigation and
  934  removal of derelict vessels.
  935         (2)To promote the public’s use and enjoyment of the
  936  designated waterway, except as provided in subsections (3) and
  937  (4), a person may not anchor a vessel at any time during the
  938  period between one-half hour after sunset and one-half hour
  939  before sunrise in an anchoring limitation area.
  940         (3) Notwithstanding subsections (1) and subsection (2), a
  941  person may anchor a vessel in an anchoring limitation area
  942  during a time that would otherwise be unlawful:
  943         (a) If the vessel suffers a mechanical failure that poses
  944  an unreasonable risk of harm to the vessel or the persons
  945  onboard unless the vessel anchors. The vessel may anchor for 3
  946  business days or until the vessel is repaired, whichever occurs
  947  first.
  948         (b) If imminent or existing weather conditions in the
  949  vicinity of the vessel pose an unreasonable risk of harm to the
  950  vessel or the persons onboard unless the vessel anchors. The
  951  vessel may anchor until weather conditions no longer pose such
  952  risk. During a hurricane or tropical storm, weather conditions
  953  are deemed to no longer pose an unreasonable risk of harm when
  954  the hurricane or tropical storm warning affecting the area has
  955  expired.
  956         (c) During events described in s. 327.48 or other special
  957  events, including, but not limited to, public music
  958  performances, local government waterfront activities, or
  959  fireworks displays. A vessel may anchor for the lesser of the
  960  duration of the special event or 3 days.
  961         (4) This section does not apply to:
  962         (a) Vessels owned or operated by a governmental entity for
  963  law enforcement, firefighting, military, or rescue purposes.
  964         (b) Construction or dredging vessels on an active job site.
  965         (c) Vessels actively engaged in commercial fishing.
  966         (d) Vessels engaged in recreational fishing if the persons
  967  onboard are actively tending hook and line fishing gear or nets.
  968         (5)(a) As used in this subsection, the term “law
  969  enforcement officer or agency” means an officer or agency
  970  authorized to enforce this section pursuant to s. 327.70.
  971         (b) A law enforcement officer or agency may remove a vessel
  972  from an anchoring limitation area and impound the vessel for up
  973  to 48 hours, or cause such removal and impoundment, if the
  974  vessel operator, after being issued a citation for a violation
  975  of this section:
  976         1. Anchors the vessel in violation of this section within
  977  12 hours after being issued the citation; or
  978         2. Refuses to leave the anchoring limitation area after
  979  being directed to do so by a law enforcement officer or agency.
  980         (c) A law enforcement officer or agency acting under this
  981  subsection to remove or impound a vessel, or to cause such
  982  removal or impoundment, shall be held harmless for any damage to
  983  the vessel resulting from such removal or impoundment unless the
  984  damage results from gross negligence or willful misconduct.
  985         (d) A contractor performing removal or impoundment services
  986  at the direction of a law enforcement officer or agency pursuant
  987  to this subsection must:
  988         1. Be licensed in accordance with United States Coast Guard
  989  regulations, as applicable.
  990         2. Obtain and carry a current policy issued by a licensed
  991  insurance carrier in this state to insure against any accident,
  992  loss, injury, property damage, or other casualty caused by or
  993  resulting from the contractor’s actions.
  994         3. Be properly equipped to perform such services.
  995         (e) In addition to the civil penalty imposed under s.
  996  327.73(1)(z), the operator of a vessel that is removed and
  997  impounded pursuant to paragraph (b) must pay all removal and
  998  storage fees before the vessel is released. A vessel removed
  999  pursuant to paragraph (b) may not be impounded for longer than
 1000  48 hours.
 1001         (6) A violation of this section is punishable as provided
 1002  in s. 327.73(1)(z).
 1003         (7) This section shall remain in effect notwithstanding the
 1004  Legislature’s adoption of the commission’s recommendations for
 1005  the regulation of mooring vessels outside of public mooring
 1006  fields pursuant to s. 327.4105.
 1007         Section 14. Paragraph (a) of subsection (1) and subsection
 1008  (2) of section 327.4109, Florida Statutes, are amended to read:
 1009         327.4109 Anchoring or mooring prohibited; exceptions;
 1010  penalties.—
 1011         (1)(a) The owner or operator of a vessel or floating
 1012  structure may not anchor or moor such that the nearest approach
 1013  of the anchored or moored vessel or floating structure is:
 1014         1. Within 150 feet of any public or private marina, boat
 1015  ramp, boatyard, or other public vessel launching or loading
 1016  facility;
 1017         2. Within 500 300 feet of a superyacht repair facility. For
 1018  purposes of this subparagraph, the term “superyacht repair
 1019  facility” means a facility that services or repairs a yacht with
 1020  a water line of 120 feet or more in length; or
 1021         3. Within 100 feet outward from the marked boundary of a
 1022  public mooring field or a lesser distance if approved by the
 1023  commission upon request of a local government within which the
 1024  mooring field is located. The commission may adopt rules to
 1025  implement this subparagraph.
 1026         (2) Notwithstanding subsection (1), an owner or operator of
 1027  a vessel may anchor or moor within 150 feet of any public or
 1028  private marina, boat ramp, boatyard, or other public vessel
 1029  launching or loading facility; within 500 300 feet of a
 1030  superyacht repair facility; or within 100 feet outward from the
 1031  marked boundary of a public mooring field if:
 1032         (a) The vessel suffers a mechanical failure that poses an
 1033  unreasonable risk of harm to the vessel or the persons onboard
 1034  such vessel. The owner or operator of the vessel may anchor or
 1035  moor for 5 business days or until the vessel is repaired,
 1036  whichever occurs first.
 1037         (b) Imminent or existing weather conditions in the vicinity
 1038  of the vessel pose an unreasonable risk of harm to the vessel or
 1039  the persons onboard such vessel. The owner or operator of the
 1040  vessel may anchor or moor until weather conditions no longer
 1041  pose such risk. During a hurricane or tropical storm, weather
 1042  conditions are deemed to no longer pose an unreasonable risk of
 1043  harm when the hurricane or tropical storm warning affecting the
 1044  area has expired.
 1045         Section 15. Subsection (2) of section 327.45, Florida
 1046  Statutes, is amended to read:
 1047         327.45 Protection zones for springs.—
 1048         (2) The commission may establish by rule protection zones
 1049  that restrict the speed and operation of vessels, or that
 1050  prohibit the anchoring, mooring, beaching, or grounding of
 1051  vessels, to protect and prevent harm to first, second, and third
 1052  magnitude springs and springs groups, including their associated
 1053  spring runs, as determined by the commission using the most
 1054  recent Florida Geological Survey springs bulletin. This harm
 1055  includes negative impacts to water quality, water quantity,
 1056  hydrology, wetlands, and aquatic and wetland-dependent species.
 1057         Section 16. Paragraph (b) of subsection (1) of section
 1058  327.46, Florida Statutes, is amended to read:
 1059         327.46 Boating-restricted areas.—
 1060         (1) Boating-restricted areas, including, but not limited
 1061  to, restrictions of vessel speeds and vessel traffic, may be
 1062  established on the waters of this state for any purpose
 1063  necessary to protect the safety of the public if such
 1064  restrictions are necessary based on boating accidents,
 1065  visibility, hazardous currents or water levels, vessel traffic
 1066  congestion, or other navigational hazards or to protect
 1067  seagrasses on privately owned submerged lands.
 1068         (b) Municipalities and counties may have the authority to
 1069  establish the following boating-restricted areas by ordinance,
 1070  including, notwithstanding the prohibition in s. 327.60(2)(c),
 1071  within the portion of the Florida Intracoastal Waterway within
 1072  their jurisdiction:
 1073         1. An ordinance establishing an idle speed, no wake
 1074  boating-restricted area, if the area is:
 1075         a. Within 500 feet of any boat ramp, hoist, marine railway,
 1076  or other launching or landing facility available for use by the
 1077  general boating public on waterways more than 300 feet in width
 1078  or within 300 feet of any boat ramp, hoist, marine railway, or
 1079  other launching or landing facility available for use by the
 1080  general boating public on waterways not exceeding 300 feet in
 1081  width.
 1082         b. Within 500 feet of fuel pumps or dispensers at any
 1083  marine fueling facility that sells motor fuel to the general
 1084  boating public on waterways more than 300 feet in width or
 1085  within 300 feet of the fuel pumps or dispensers at any licensed
 1086  terminal facility that sells motor fuel to the general boating
 1087  public on waterways not exceeding 300 feet in width.
 1088         c. Inside or within 300 feet of any lock structure.
 1089         2. An ordinance establishing a slow speed, minimum wake
 1090  boating-restricted area if the area is:
 1091         a. Within 300 feet of any bridge fender system.
 1092         b. Within 300 feet of any bridge span presenting a vertical
 1093  clearance of less than 25 feet or a horizontal clearance of less
 1094  than 100 feet.
 1095         c. On a creek, stream, canal, or similar linear waterway if
 1096  the waterway is less than 75 feet in width from shoreline to
 1097  shoreline.
 1098         d. On a lake or pond of less than 10 acres in total surface
 1099  area.
 1100         e.Within the boundaries of a permitted public mooring
 1101  field and a buffer around the mooring field of up to 100 feet.
 1102         3. An ordinance establishing a vessel-exclusion zone if the
 1103  area is:
 1104         a. Accessible by land, open to the general public, and
 1105  designated as a public bathing beach or swim area, except that
 1106  such areas may not be established within the Florida
 1107  Intracoastal Waterway.
 1108         b. Within 300 feet of a dam, spillway, or flood control
 1109  structure.
 1110         Section 17. Section 327.463, Florida Statutes, is created
 1111  to read:
 1112         327.463Special hazards.—
 1113         (1)For purposes of this section, a vessel:
 1114         (a)Is operating at slow speed, minimum wake only if it is:
 1115         1.Fully off plane and completely settled into the water;
 1116  and
 1117         2.Proceeding without wake or with minimum wake.
 1118  
 1119  A vessel that is required to operate at slow speed, minimum wake
 1120  may not proceed at a speed greater than a speed that is
 1121  reasonable and prudent to avoid the creation of an excessive
 1122  wake or other hazardous condition under the existing
 1123  circumstances.
 1124         (b)Is not proceeding at slow speed, minimum wake if it is:
 1125         1.Operating on plane;
 1126         2.In the process of coming off plane and settling into the
 1127  water or getting on plane; or
 1128         3.Operating at a speed that creates a wake that
 1129  unreasonably or unnecessarily endangers other vessels.
 1130         (2)A person may not operate a vessel faster than slow
 1131  speed, minimum wake within 300 feet of any emergency vessel,
 1132  including, but not limited to, a law enforcement vessel, United
 1133  States Coast Guard vessel, or firefighting vessel, when such
 1134  emergency vessel’s emergency lights are activated.
 1135         (3)(a)A person may not operate a vessel faster than slow
 1136  speed, minimum wake within 300 feet of any construction vessel
 1137  or barge when the vessel or barge is displaying an orange flag
 1138  from a pole extending:
 1139         1.At least 10 feet above the tallest portion of the vessel
 1140  or barge, indicating that the vessel or barge is actively
 1141  engaged in construction operations; or
 1142         2.At least 5 feet above any superstructure permanently
 1143  installed upon the vessel or barge, indicating that the vessel
 1144  or barge is actively engaged in construction operations.
 1145         (b)A flag displayed on a construction vessel or barge
 1146  pursuant to this subsection must:
 1147         1.Be at least 2 feet by 3 feet in size.
 1148         2.Have a wire or other stiffener or be otherwise
 1149  constructed to ensure that the flag remains fully unfurled and
 1150  extended in the absence of a wind or breeze.
 1151         3.Be displayed so that the visibility of the flag is not
 1152  obscured in any direction.
 1153         (c)In periods of low visibility, including any time
 1154  between 30 minutes after sunset and 30 minutes before sunrise, a
 1155  person may not be cited for a violation of this subsection
 1156  unless the orange flag is illuminated and visible from a
 1157  distance of at least 2 nautical miles. Such illumination does
 1158  not relieve the construction vessel or barge from complying with
 1159  all navigation rules.
 1160         (4)(a)A person operating a vessel in violation of this
 1161  section commits a noncriminal infraction, punishable as provided
 1162  in s. 327.73.
 1163         (b)The owner of, or party who is responsible for, a
 1164  construction vessel or barge who displays an orange flag on the
 1165  vessel or barge when it is not actively engaged in construction
 1166  operations commits a noncriminal infraction, punishable as
 1167  provided in s. 327.73.
 1168         (5)The speed and penalty provisions of this section do not
 1169  apply to a law enforcement, firefighting, or rescue vessel that
 1170  is owned or operated by a governmental entity.
 1171         Section 18. Paragraph (a) of subsection (1) of section
 1172  327.50, Florida Statutes, is amended to read:
 1173         327.50 Vessel safety regulations; equipment and lighting
 1174  requirements.—
 1175         (1)(a) The owner and operator of every vessel on the waters
 1176  of this state shall carry, store, maintain, and use safety
 1177  equipment in accordance with current United States Coast Guard
 1178  safety equipment requirements as specified in the Code of
 1179  Federal Regulations, unless expressly exempted by the commission
 1180  department.
 1181         Section 19. Paragraph (a) of subsection (6) and subsection
 1182  (7) of section 327.53, Florida Statutes, are amended, and
 1183  subsection (8) is added to that section, to read:
 1184         327.53 Marine sanitation.—
 1185         (6)(a) A violation of this section is a noncriminal
 1186  infraction, punishable as provided in s. 327.73. Each violation
 1187  shall be a separate offense. The owner and operator of any
 1188  vessel shall be jointly and severally liable for the civil
 1189  penalty imposed pursuant to this section.
 1190         (7) A Any vessel or floating structure operated or occupied
 1191  on the waters of this the state in violation of this section is
 1192  declared a nuisance and a hazard to public safety and health.
 1193  The owner or operator of a any vessel or floating structure
 1194  cited for violating this section shall, within 30 days following
 1195  the issuance of the citation, correct the violation for which
 1196  the citation was issued or remove the vessel or floating
 1197  structure from the waters of this the state. If the violation is
 1198  not corrected within the 30 days and the vessel or floating
 1199  structure remains on the waters of this the state in violation
 1200  of this section, law enforcement officers charged with the
 1201  enforcement of this chapter under s. 327.70 shall apply to the
 1202  appropriate court in the county in which the vessel or floating
 1203  structure is located, to order or otherwise cause the removal of
 1204  such vessel or floating structure from the waters of this the
 1205  state at the owner’s expense. If the owner cannot be found or
 1206  otherwise fails to pay the removal costs, the provisions of s.
 1207  328.17 shall apply. If the proceeds under s. 328.17 are not
 1208  sufficient to pay all removal costs, funds appropriated from the
 1209  Marine Resources Conservation Trust Fund pursuant to paragraph
 1210  (6)(b) or s. 328.72(15)(c) s. 328.72(16) may be used.
 1211         (8)The owner or operator of a live-aboard vessel as
 1212  defined in s. 327.02(23), or a houseboat as defined in s.
 1213  327.02(17), that is equipped with a marine sanitation device
 1214  must maintain a record of the date of each pumpout of the marine
 1215  sanitation device and the location of the pumpout station or
 1216  waste reception facility. Each record must be maintained for 1
 1217  year after the date of the pumpout. This subsection does not
 1218  apply to marine compost toilets that process and manage human
 1219  waste using marine compost toilet technologies that comply with
 1220  United States Coast Guard requirements.
 1221         Section 20. Subsection (2) of section 327.54, Florida
 1222  Statutes, is amended to read:
 1223         327.54 Liveries; safety regulations; penalty.—
 1224         (2) A livery may not knowingly lease, hire, or rent a any
 1225  vessel powered by a motor of 10 horsepower or greater to a any
 1226  person who is required to comply with s. 327.395, unless such
 1227  person presents to the livery the documentation required by s.
 1228  327.395(2) for the operation of a vessel photographic
 1229  identification and a valid boater safety identification card as
 1230  required under s. 327.395(1), or meets the exemption provided
 1231  under s. 327.395(6)(f).
 1232         Section 21. Subsection (5) of section 327.60, Florida
 1233  Statutes, is amended to read:
 1234         327.60 Local regulations; limitations.—
 1235         (5) A local government may enact and enforce regulations to
 1236  implement the procedures for abandoned or lost property that
 1237  allow the local law enforcement agency to remove a vessel
 1238  affixed to a public dock or mooring within its jurisdiction that
 1239  is abandoned or lost property pursuant to s. 705.103(1). Such
 1240  regulation must require the local law enforcement agency to post
 1241  a written notice at least 24 hours before removing the vessel.
 1242         Section 22. Paragraphs (q), (s), and (aa) of subsection (1)
 1243  of section 327.73, Florida Statutes, are amended, and paragraphs
 1244  (cc) and (dd) are added to that subsection, to read:
 1245         327.73 Noncriminal infractions.—
 1246         (1) Violations of the following provisions of the vessel
 1247  laws of this state are noncriminal infractions:
 1248         (q) Section 327.53(1), (2), and (3), and (8), relating to
 1249  marine sanitation.
 1250         (s) Section 327.395, relating to boater safety education.
 1251  However, a person cited for violating the requirements of s.
 1252  327.395 relating to failure to have required proof of boating
 1253  safety education in his or her possession may not be convicted
 1254  if, before or at the time of a county court hearing, the person
 1255  produces proof of the boating safety education identification
 1256  card or temporary certificate for verification by the hearing
 1257  officer or the court clerk and the identification card or
 1258  temporary certificate was valid at the time the person was
 1259  cited.
 1260         (aa) Section 327.4107, relating to vessels at risk of
 1261  becoming derelict on waters of this state, for which the civil
 1262  penalty is:
 1263         1. For a first offense, $100 $50.
 1264         2. For a second offense occurring 30 days or more after a
 1265  first offense, $250 $100.
 1266         3. For a third or subsequent offense occurring 30 days or
 1267  more after a previous offense, $500 $250.
 1268  
 1269  A vessel that is the subject of three or more violations issued
 1270  pursuant to the same paragraph of s. 327.4107(2) within an 18
 1271  month period which result in dispositions other than acquittal
 1272  or dismissal shall be declared to be a public nuisance and
 1273  subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
 1274  an officer of the commission, or a law enforcement agency or
 1275  officer specified in s. 327.70 may relocate, remove, or cause to
 1276  be relocated or removed such public nuisance vessels from waters
 1277  of this state. The commission, an officer of the commission, or
 1278  a law enforcement agency or officer acting pursuant to this
 1279  paragraph upon waters of this state shall be held harmless for
 1280  all damages to the vessel resulting from such relocation or
 1281  removal unless the damage results from gross negligence or
 1282  willful misconduct as these terms are defined in s. 823.11.
 1283         (cc)Section 327.463(4)(a) and (b), relating to vessels
 1284  creating special hazards, for which the penalty is:
 1285         1.For a first offense, $50.
 1286         2.For a second offense occurring within 12 months after a
 1287  prior offense, $100.
 1288         3.For a third offense occurring within 36 months after a
 1289  prior offense, $250.
 1290         (dd)Section 327.371, relating to the regulation of human
 1291  powered vessels.
 1292  
 1293  Any person cited for a violation of any provision of this
 1294  subsection shall be deemed to be charged with a noncriminal
 1295  infraction, shall be cited for such an infraction, and shall be
 1296  cited to appear before the county court. The civil penalty for
 1297  any such infraction is $50, except as otherwise provided in this
 1298  section. Any person who fails to appear or otherwise properly
 1299  respond to a uniform boating citation shall, in addition to the
 1300  charge relating to the violation of the boating laws of this
 1301  state, be charged with the offense of failing to respond to such
 1302  citation and, upon conviction, be guilty of a misdemeanor of the
 1303  second degree, punishable as provided in s. 775.082 or s.
 1304  775.083. A written warning to this effect shall be provided at
 1305  the time such uniform boating citation is issued.
 1306         Section 23. Subsection (4) of section 328.09, Florida
 1307  Statutes, is amended to read:
 1308         328.09 Refusal to issue and authority to cancel a
 1309  certificate of title or registration.—
 1310         (4) The department may not issue a certificate of title to
 1311  an any applicant for a any vessel that has been deemed derelict
 1312  by a law enforcement officer under s. 376.15 or s. 823.11. A law
 1313  enforcement officer must inform the department in writing, which
 1314  may be provided by facsimile, electronic mail, or other
 1315  electronic means, of the vessel’s derelict status and supply the
 1316  department with the vessel title number or vessel identification
 1317  number. The department may issue a certificate of title once a
 1318  law enforcement officer has verified in writing, which may be
 1319  provided by facsimile, electronic mail, or other electronic
 1320  means, that the vessel is no longer a derelict vessel.
 1321         Section 24. Effective July 1, 2023, paragraph (e) of
 1322  subsection (3) of section 328.09, Florida Statutes, as amended
 1323  by section 12 of chapter 2019-76, Laws of Florida, is amended to
 1324  read:
 1325         328.09 Refusal to issue and authority to cancel a
 1326  certificate of title or registration.—
 1327         (3) Except as otherwise provided in subsection (4), the
 1328  department may reject an application for a certificate of title
 1329  only if:
 1330         (e) The application is for a vessel that has been deemed
 1331  derelict by a law enforcement officer under s. 376.15 or s.
 1332  823.11. In such case, a law enforcement officer must inform the
 1333  department in writing, which may be provided by facsimile, e
 1334  mail, or other electronic means, of the vessel’s derelict status
 1335  and supply the department with the vessel title number or vessel
 1336  identification number. The department may issue a certificate of
 1337  title once a law enforcement officer has verified in writing,
 1338  which may be provided by facsimile, e-mail, or other electronic
 1339  means, that the vessel is no longer a derelict vessel.
 1340         Section 25. Section 376.15, Florida Statutes, is amended to
 1341  read:
 1342         376.15 Derelict vessels; relocation or removal from public
 1343  waters of this state.—
 1344         (1) As used in this section, the term:
 1345         (a) “Commission” means the Fish and Wildlife Conservation
 1346  Commission.
 1347         (b) “Gross negligence” means conduct so reckless or wanting
 1348  in care that it constitutes a conscious disregard or
 1349  indifference to the safety of the property exposed to such
 1350  conduct.
 1351         (c) “Willful misconduct” means conduct evidencing
 1352  carelessness or negligence of such a degree or recurrence as to
 1353  manifest culpability, wrongful intent, or evil design or to show
 1354  an intentional and substantial disregard of the interests of the
 1355  vessel owner.
 1356         (2)(a) It is unlawful for any person, firm, or corporation
 1357  to store, leave, or abandon any derelict vessel as defined in s.
 1358  823.11 upon the waters of in this state. For purposes of this
 1359  paragraph, the term “leave” means to allow a vessel to remain
 1360  occupied or unoccupied on the waters of this state for more than
 1361  24 hours.
 1362         (b)Notwithstanding paragraph (a), a person who owns or
 1363  operates a vessel that becomes derelict upon the waters of this
 1364  state solely as a result of a boating accident that is reported
 1365  to law enforcement in accordance with s. 327.301 or otherwise
 1366  reported to law enforcement; a hurricane; or another sudden
 1367  event outside of his or her control may not be charged with a
 1368  violation if:
 1369         1.The individual documents for law enforcement the
 1370  specific event that led to the vessel being derelict upon the
 1371  waters of this state; and
 1372         2.The vessel has been removed from the waters of this
 1373  state or has been repaired or addressed such that it is no
 1374  longer derelict upon the waters of this state:
 1375         a.For a vessel that has become derelict as a result of a
 1376  boating accident or other sudden event outside of his or her
 1377  control, within 7 days after such accident or event; or
 1378         b.Within 45 days after the hurricane has passed over this
 1379  state.
 1380         (c)This subsection does not apply to a vessel that was
 1381  derelict upon the waters of this state before the stated
 1382  accident or event.
 1383         (3)(a) The commission, an officer officers of the
 1384  commission, or a and any law enforcement agency or officer
 1385  specified in s. 327.70 may are authorized and empowered to
 1386  relocate, remove, store, destroy, or dispose of or cause to be
 1387  relocated, or removed, stored, destroyed, or disposed of a any
 1388  derelict vessel as defined in s. 823.11 from public waters of
 1389  this state as defined in s. 327.02. All costs, including costs
 1390  owed to a third party, incurred by the commission or other law
 1391  enforcement agency in the relocation, or removal, storage,
 1392  destruction, or disposal of any abandoned or derelict vessel are
 1393  recoverable against the owner of the vessel or the party
 1394  determined to be legally responsible for the vessel being upon
 1395  the waters of this state in a derelict condition. The Department
 1396  of Legal Affairs shall represent the commission in actions to
 1397  recover such costs.
 1398         (b) The commission, an officer officers of the commission,
 1399  or a and any other law enforcement agency or officer specified
 1400  in s. 327.70 acting pursuant to under this section to relocate,
 1401  remove, store, destroy, or dispose of or cause to be relocated,
 1402  or removed, stored, destroyed, or disposed of a derelict vessel
 1403  from public waters of this state as defined in s. 327.02 shall
 1404  be held harmless for all damages to the derelict vessel
 1405  resulting from such action relocation or removal unless the
 1406  damage results from gross negligence or willful misconduct as
 1407  these terms are defined in s. 823.11.
 1408         (c) A contractor performing relocation or removal
 1409  activities at the direction of the commission, an officer
 1410  officers of the commission, or a law enforcement agency or
 1411  officer, or a governmental subdivision, when the governmental
 1412  subdivision has received authorization for the relocation or
 1413  removal from a law enforcement officer or agency pursuant to
 1414  this section, must be licensed in accordance with applicable
 1415  United States Coast Guard regulations where required; obtain and
 1416  carry in full force and effect a policy from a licensed
 1417  insurance carrier in this state to insure against any accident,
 1418  loss, injury, property damage, or other casualty caused by or
 1419  resulting from the contractor’s actions; and be properly
 1420  equipped to perform the services to be provided.
 1421         (d) The commission may establish a program to provide
 1422  grants to local governments for the removal, storage,
 1423  destruction, and disposal of derelict vessels from the public
 1424  waters of this the state as defined in s. 327.02. The program
 1425  shall be funded from the Marine Resources Conservation Trust
 1426  Fund or the Florida Coastal Protection Trust Fund.
 1427  Notwithstanding the provisions in s. 216.181(11), funds
 1428  available for grants may only be authorized by appropriations
 1429  acts of the Legislature. In a given fiscal year, if all funds
 1430  appropriated pursuant to this paragraph are not requested by and
 1431  granted to local governments for the removal, storage,
 1432  destruction, and disposal of derelict vessels by the end of the
 1433  third quarter, the Fish and Wildlife Conservation Commission may
 1434  use the remainder of the funds to remove, store, destroy, and
 1435  dispose of, or to pay private contractors to remove, store,
 1436  destroy, and dispose of, derelict vessels.
 1437         (e) The commission shall adopt by rule procedures for
 1438  submitting a grant application and criteria for allocating
 1439  available funds. Such criteria shall include, but not be limited
 1440  to, the following:
 1441         1. The number of derelict vessels within the jurisdiction
 1442  of the applicant.
 1443         2. The threat posed by such vessels to public health or
 1444  safety, the environment, navigation, or the aesthetic condition
 1445  of the general vicinity.
 1446         3. The degree of commitment of the local government to
 1447  maintain waters free of abandoned and derelict vessels and to
 1448  seek legal action against those who abandon vessels in the
 1449  waters of this the state as defined in s. 327.02.
 1450         (f) This section constitutes the authority for such removal
 1451  but is not intended to be in contravention of any applicable
 1452  federal act.
 1453         Section 26. Subsections (2) and (4) of section 705.103,
 1454  Florida Statutes, are amended to read:
 1455         705.103 Procedure for abandoned or lost property.—
 1456         (2)(a)1. Whenever a law enforcement officer ascertains
 1457  that:
 1458         a. An article of lost or abandoned property other than a
 1459  derelict vessel or a vessel declared a public nuisance pursuant
 1460  to s. 327.73(1)(aa) is present on public property and is of such
 1461  nature that it cannot be easily removed, the officer shall cause
 1462  a notice to be placed upon such article in substantially the
 1463  following form:
 1464  
 1465  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1466  PROPERTY. This property, to wit: ...(setting forth brief
 1467  description)... is unlawfully upon public property known as
 1468  ...(setting forth brief description of location)... and must be
 1469  removed within 5 days; otherwise, it will be removed and
 1470  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1471  will be liable for the costs of removal, storage, and
 1472  publication of notice. Dated this: ...(setting forth the date of
 1473  posting of notice)..., signed: ...(setting forth name, title,
 1474  address, and telephone number of law enforcement officer)....
 1475  
 1476         b.A derelict vessel or a vessel declared a public nuisance
 1477  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1478  state, the officer shall cause a notice to be placed upon such
 1479  vessel in substantially the following form:
 1480  
 1481  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1482  VESSEL. This vessel, to wit: ...(setting forth brief
 1483  description)... has been determined to be (derelict or a public
 1484  nuisance) and is unlawfully upon waters of this state
 1485  ...(setting forth brief description of location)... and must be
 1486  removed within 21 days; otherwise, it will be removed and
 1487  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1488  and other interested parties have the right to a hearing to
 1489  challenge the determination that this vessel is derelict or
 1490  otherwise in violation of the law. Please contact ...(contact
 1491  information for person who can arrange for a hearing in
 1492  accordance with this section).... The owner or the party
 1493  determined to be legally responsible for the vessel being upon
 1494  the waters of this state in a derelict condition will be liable
 1495  for the costs of removal, destruction, and disposal if this
 1496  vessel is not removed by the owner. Dated this: ...(setting
 1497  forth the date of posting of notice)..., signed: ...(setting
 1498  forth name, title, address, and telephone number of law
 1499  enforcement officer)....
 1500         2.The notices required under subparagraph 1. may Such
 1501  notice shall be not be less than 8 inches by 10 inches and shall
 1502  be sufficiently weatherproof to withstand normal exposure to the
 1503  elements. In addition to posting, the law enforcement officer
 1504  shall make a reasonable effort to ascertain the name and address
 1505  of the owner. If such is reasonably available to the officer,
 1506  she or he shall mail a copy of such notice to the owner on or
 1507  before the date of posting. If the property is a motor vehicle
 1508  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1509  the law enforcement agency shall contact the Department of
 1510  Highway Safety and Motor Vehicles in order to determine the name
 1511  and address of the owner and any person who has filed a lien on
 1512  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1513  328.15(1). On receipt of this information, the law enforcement
 1514  agency shall mail a copy of the notice by certified mail, return
 1515  receipt requested, to the owner and to the lienholder, if any,
 1516  except that a law enforcement officer who has issued a citation
 1517  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1518  derelict vessel is not required to mail a copy of the notice by
 1519  certified mail, return receipt requested, to the owner. For a
 1520  derelict vessel or a vessel declared a public nuisance pursuant
 1521  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1522  responsible party that he or she has a right to a hearing to
 1523  dispute the determination that the vessel is derelict or
 1524  otherwise in violation of the law. If a request for a hearing is
 1525  made, a state agency shall follow the processes set forth in s.
 1526  120.569. Local governmental entities shall follow the processes
 1527  set forth in s. 120.569, except that a local judge, magistrate,
 1528  or code enforcement officer may be designated to conduct such a
 1529  hearing. If, at the end of 5 days after posting the notice in
 1530  sub-subparagraph 1.a., or at the end of 21 days after posting
 1531  the notice in sub-subparagraph 1.b., and mailing such notice, if
 1532  required, the owner or any person interested in the lost or
 1533  abandoned article or articles described has not removed the
 1534  article or articles from public property or shown reasonable
 1535  cause for failure to do so, and, in the case of a derelict
 1536  vessel or a vessel declared a public nuisance pursuant to s.
 1537  327.73(1)(aa), has not requested a hearing in accordance with
 1538  this section, the following shall apply:
 1539         a.(a) For abandoned property other than a derelict vessel
 1540  or a vessel declared a public nuisance pursuant to s.
 1541  327.73(1)(aa), the law enforcement agency may retain any or all
 1542  of the property for its own use or for use by the state or unit
 1543  of local government, trade such property to another unit of
 1544  local government or state agency, donate the property to a
 1545  charitable organization, sell the property, or notify the
 1546  appropriate refuse removal service.
 1547         b.For a derelict vessel or a vessel declared a public
 1548  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1549  agency or its designee may:
 1550         (I)Remove the vessel from the waters of this state and
 1551  destroy and dispose of the vessel or authorize another
 1552  governmental entity or its designee to do so; or
 1553         (II)Authorize the vessel’s use as an artificial reef in
 1554  accordance with s. 379.249 if all necessary federal, state, and
 1555  local authorizations are received.
 1556  
 1557  A law enforcement agency or its designee may also take action as
 1558  described in this sub-subparagraph if, following a hearing
 1559  pursuant to this section, the judge, magistrate, administrative
 1560  law judge, or hearing officer has determined the vessel to be
 1561  derelict as provided in s. 823.11 or otherwise in violation of
 1562  the law in accordance with s. 327.73(1)(aa) and a final order
 1563  has been entered or the case is otherwise closed.
 1564         (b) For lost property, the officer shall take custody and
 1565  the agency shall retain custody of the property for 90 days. The
 1566  agency shall publish notice of the intended disposition of the
 1567  property, as provided in this section, during the first 45 days
 1568  of this time period.
 1569         1. If the agency elects to retain the property for use by
 1570  the unit of government, donate the property to a charitable
 1571  organization, surrender such property to the finder, sell the
 1572  property, or trade the property to another unit of local
 1573  government or state agency, notice of such election shall be
 1574  given by an advertisement published once a week for 2
 1575  consecutive weeks in a newspaper of general circulation in the
 1576  county where the property was found if the value of the property
 1577  is more than $100. If the value of the property is $100 or less,
 1578  notice shall be given by posting a description of the property
 1579  at the law enforcement agency where the property was turned in.
 1580  The notice must be posted for not less than 2 consecutive weeks
 1581  in a public place designated by the law enforcement agency. The
 1582  notice must describe the property in a manner reasonably
 1583  adequate to permit the rightful owner of the property to claim
 1584  it.
 1585         2. If the agency elects to sell the property, it must do so
 1586  at public sale by competitive bidding. Notice of the time and
 1587  place of the sale shall be given by an advertisement of the sale
 1588  published once a week for 2 consecutive weeks in a newspaper of
 1589  general circulation in the county where the sale is to be held.
 1590  The notice shall include a statement that the sale shall be
 1591  subject to any and all liens. The sale must be held at the
 1592  nearest suitable place to that where the lost or abandoned
 1593  property is held or stored. The advertisement must include a
 1594  description of the goods and the time and place of the sale. The
 1595  sale may take place no earlier than 10 days after the final
 1596  publication. If there is no newspaper of general circulation in
 1597  the county where the sale is to be held, the advertisement shall
 1598  be posted at the door of the courthouse and at three other
 1599  public places in the county at least 10 days prior to sale.
 1600  Notice of the agency’s intended disposition shall describe the
 1601  property in a manner reasonably adequate to permit the rightful
 1602  owner of the property to identify it.
 1603         (4) The owner of any abandoned or lost property, or in the
 1604  case of a derelict vessel, the owner or other party determined
 1605  to be legally responsible for the vessel being upon the waters
 1606  of this state in a derelict condition, who, after notice as
 1607  provided in this section, does not remove such property within
 1608  the specified period shall be liable to the law enforcement
 1609  agency, other governmental entity, or the agency’s or entity’s
 1610  designee for all costs of removal, storage, and destruction of
 1611  such property, less any salvage value obtained by disposal of
 1612  the property. Upon final disposition of the property, the law
 1613  enforcement officer or representative of the law enforcement
 1614  agency or other governmental entity shall notify the owner, if
 1615  known, of the amount owed. In the case of an abandoned vessel or
 1616  motor vehicle, any person who neglects or refuses to pay such
 1617  amount is not entitled to be issued a certificate of
 1618  registration for such vessel or motor vehicle, or any other
 1619  vessel or motor vehicle, until such costs have been paid. A
 1620  person who has neglected or refused to pay all costs of removal,
 1621  storage, disposal, and destruction of a vessel or motor vehicle
 1622  as provided in this section, after having been provided written
 1623  notice via certified mail that such costs are owed, and who
 1624  applies for and is issued a registration for a vessel or motor
 1625  vehicle before such costs have been paid in full commits a
 1626  misdemeanor of the first degree, punishable as provided in s.
 1627  775.082 or s. 775.083. The law enforcement officer or
 1628  representative of the law enforcement agency or other
 1629  governmental entity shall supply the Department of Highway
 1630  Safety and Motor Vehicles with a list of persons whose vessel
 1631  registration privileges and or whose motor vehicle privileges
 1632  have been revoked under this subsection. Neither The department
 1633  or a nor any other person acting as an agent of the department
 1634  may not thereof shall issue a certificate of registration to a
 1635  person whose vessel and or motor vehicle registration privileges
 1636  have been revoked, as provided by this subsection, until such
 1637  costs have been paid.
 1638         Section 27. Effective July 1, 2023, subsection (2) of
 1639  section 705.103, Florida Statutes, as amended by section 29 of
 1640  chapter 2019-76, Laws of Florida, is amended to read:
 1641         705.103 Procedure for abandoned or lost property.—
 1642         (2)(a)1. Whenever a law enforcement officer ascertains
 1643  that:
 1644         a. An article of lost or abandoned property other than a
 1645  derelict vessel or a vessel declared a public nuisance pursuant
 1646  to s. 327.73(1)(aa) is present on public property and is of such
 1647  nature that it cannot be easily removed, the officer shall cause
 1648  a notice to be placed upon such article in substantially the
 1649  following form:
 1650  
 1651  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1652  PROPERTY. This property, to wit: ...(setting forth brief
 1653  description)... is unlawfully upon public property known as
 1654  ...(setting forth brief description of location)... and must be
 1655  removed within 5 days; otherwise, it will be removed and
 1656  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1657  will be liable for the costs of removal, storage, and
 1658  publication of notice. Dated this: ...(setting forth the date of
 1659  posting of notice)..., signed: ...(setting forth name, title,
 1660  address, and telephone number of law enforcement officer)....
 1661  
 1662         b.A derelict vessel or a vessel declared a public nuisance
 1663  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1664  state, the officer shall cause a notice to be placed upon such
 1665  vessel in substantially the following form:
 1666  
 1667  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1668  VESSEL. This vessel, to wit: ...(setting forth brief description
 1669  of location)... has been determined to be (derelict or a public
 1670  nuisance) and is unlawfully upon the waters of this state
 1671  ...(setting forth brief description of location)... and must be
 1672  removed within 21 days; otherwise, it will be removed and
 1673  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1674  and other interested parties have the right to a hearing to
 1675  challenge the determination that this vessel is derelict or
 1676  otherwise in violation of the law. Please contact ...(contact
 1677  information for person who can arrange for a hearing in
 1678  accordance with this section)... The owner or the party
 1679  determined to be legally responsible for the vessel being upon
 1680  the waters of this state in a derelict condition will be liable
 1681  for the costs of removal, destruction, and disposal if this
 1682  vessel is not removed by the owner. Dated this: ...(setting
 1683  forth the date of posting of notice)..., signed: ...(setting
 1684  forth name, title, address, and telephone number of law
 1685  enforcement officer)....
 1686  
 1687         2.The notices required under subparagraph 1. may Such
 1688  notice shall be not be less than 8 inches by 10 inches and shall
 1689  be sufficiently weatherproof to withstand normal exposure to the
 1690  elements. In addition to posting, the law enforcement officer
 1691  shall make a reasonable effort to ascertain the name and address
 1692  of the owner. If such is reasonably available to the officer,
 1693  she or he shall mail a copy of such notice to the owner on or
 1694  before the date of posting. If the property is a motor vehicle
 1695  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1696  the law enforcement agency shall contact the Department of
 1697  Highway Safety and Motor Vehicles in order to determine the name
 1698  and address of the owner and any person who has filed a lien on
 1699  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1700  328.15. On receipt of this information, the law enforcement
 1701  agency shall mail a copy of the notice by certified mail, return
 1702  receipt requested, to the owner and to the lienholder, if any,
 1703  except that a law enforcement officer who has issued a citation
 1704  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1705  derelict vessel is not required to mail a copy of the notice by
 1706  certified mail, return receipt requested, to the owner. For a
 1707  derelict vessel or a vessel declared a public nuisance pursuant
 1708  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1709  responsible party that he or she has a right to a hearing to
 1710  dispute the determination that the vessel is derelict or
 1711  otherwise in violation of the law. If a request for a hearing is
 1712  made, a state agency shall follow the processes as set forth in
 1713  s. 120.569. Local governmental entities shall follow the
 1714  processes set forth in s. 120.569, except that a local judge,
 1715  magistrate, or code enforcement officer may be designated to
 1716  conduct such a hearing. If, at the end of 5 days after posting
 1717  the notice in sub-subparagraph 1.a., or at the end of 21 days
 1718  after posting the notice in sub-subparagraph 1.b., and mailing
 1719  such notice, if required, the owner or any person interested in
 1720  the lost or abandoned article or articles described has not
 1721  removed the article or articles from public property or shown
 1722  reasonable cause for failure to do so, and, in the case of a
 1723  derelict vessel or a vessel declared a public nuisance pursuant
 1724  to s. 327.73(1)(aa), has not requested a hearing in accordance
 1725  with this section, the following shall apply:
 1726         a.(a) For abandoned property other than a derelict vessel
 1727  or a vessel declared a public nuisance pursuant to s.
 1728  327.73(1)(aa), the law enforcement agency may retain any or all
 1729  of the property for its own use or for use by the state or unit
 1730  of local government, trade such property to another unit of
 1731  local government or state agency, donate the property to a
 1732  charitable organization, sell the property, or notify the
 1733  appropriate refuse removal service.
 1734         b.For a derelict vessel or a vessel declared a public
 1735  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1736  agency or its designee may:
 1737         (I)Remove the vessel from the waters of this state and
 1738  destroy and dispose of the vessel or authorize another
 1739  governmental entity or its designee to do so; or
 1740         (II)Authorize the vessel’s use as an artificial reef in
 1741  accordance with s. 379.249 if all necessary federal, state, and
 1742  local authorizations are received.
 1743  
 1744  A law enforcement agency or its designee may also take action as
 1745  described in this sub-subparagraph if, following a hearing
 1746  pursuant to this section, the judge, magistrate, administrative
 1747  law judge, or hearing officer has determined the vessel to be
 1748  derelict as provided in s. 823.11 or otherwise in violation of
 1749  the law in accordance with s. 327.73(1)(aa) and a final order
 1750  has been entered or the case is otherwise closed.
 1751         (b) For lost property, the officer shall take custody and
 1752  the agency shall retain custody of the property for 90 days. The
 1753  agency shall publish notice of the intended disposition of the
 1754  property, as provided in this section, during the first 45 days
 1755  of this time period.
 1756         1. If the agency elects to retain the property for use by
 1757  the unit of government, donate the property to a charitable
 1758  organization, surrender such property to the finder, sell the
 1759  property, or trade the property to another unit of local
 1760  government or state agency, notice of such election shall be
 1761  given by an advertisement published once a week for 2
 1762  consecutive weeks in a newspaper of general circulation in the
 1763  county where the property was found if the value of the property
 1764  is more than $100. If the value of the property is $100 or less,
 1765  notice shall be given by posting a description of the property
 1766  at the law enforcement agency where the property was turned in.
 1767  The notice must be posted for not less than 2 consecutive weeks
 1768  in a public place designated by the law enforcement agency. The
 1769  notice must describe the property in a manner reasonably
 1770  adequate to permit the rightful owner of the property to claim
 1771  it.
 1772         2. If the agency elects to sell the property, it must do so
 1773  at public sale by competitive bidding. Notice of the time and
 1774  place of the sale shall be given by an advertisement of the sale
 1775  published once a week for 2 consecutive weeks in a newspaper of
 1776  general circulation in the county where the sale is to be held.
 1777  The notice shall include a statement that the sale shall be
 1778  subject to any and all liens. The sale must be held at the
 1779  nearest suitable place to that where the lost or abandoned
 1780  property is held or stored. The advertisement must include a
 1781  description of the goods and the time and place of the sale. The
 1782  sale may take place no earlier than 10 days after the final
 1783  publication. If there is no newspaper of general circulation in
 1784  the county where the sale is to be held, the advertisement shall
 1785  be posted at the door of the courthouse and at three other
 1786  public places in the county at least 10 days prior to sale.
 1787  Notice of the agency’s intended disposition shall describe the
 1788  property in a manner reasonably adequate to permit the rightful
 1789  owner of the property to identify it.
 1790         Section 28. Subsections (1), (2), and (3) of section
 1791  823.11, Florida Statutes, are amended to read:
 1792         823.11 Derelict vessels; relocation or removal; penalty.—
 1793         (1) As used in this section and s. 376.15, the term:
 1794         (a) “Commission” means the Fish and Wildlife Conservation
 1795  Commission.
 1796         (b) “Derelict vessel” means a vessel, as defined in s.
 1797  327.02, that is left, stored, or abandoned:
 1798         1. In a wrecked, junked, or substantially dismantled
 1799  condition upon any public waters of this state.
 1800         a.A vessel is wrecked if it is sunken or sinking; aground
 1801  without the ability to extricate itself absent mechanical
 1802  assistance; or remaining after a marine casualty, including, but
 1803  not limited to, a boating accident, extreme weather, or a fire.
 1804         b.A vessel is junked if it has been substantially stripped
 1805  of vessel components, if vessel components have substantially
 1806  degraded or been destroyed, or if the vessel has been discarded
 1807  by the owner or operator. Attaching an outboard motor to a
 1808  vessel that is otherwise junked will not cause the vessel to no
 1809  longer be junked if such motor is not an effective means of
 1810  propulsion as required by s. 327.4107(2)(e) and associated
 1811  rules.
 1812         c.A vessel is substantially dismantled if at least two of
 1813  the three following vessel systems or components are missing,
 1814  compromised, incomplete, inoperable, or broken:
 1815         (I)The steering system;
 1816         (II)The propulsion system; or
 1817         (III)The exterior hull integrity.
 1818  
 1819  Attaching an outboard motor to a vessel that is otherwise
 1820  substantially dismantled will not cause the vessel to no longer
 1821  be substantially dismantled if such motor is not an effective
 1822  means of propulsion as required by s. 327.4107(2)(e) and
 1823  associated rules.
 1824         2. At a port in this state without the consent of the
 1825  agency having jurisdiction thereof.
 1826         3. Docked, grounded, or beached upon the property of
 1827  another without the consent of the owner of the property.
 1828         (c) “Gross negligence” means conduct so reckless or wanting
 1829  in care that it constitutes a conscious disregard or
 1830  indifference to the safety of the property exposed to such
 1831  conduct.
 1832         (d) “Willful misconduct” means conduct evidencing
 1833  carelessness or negligence of such a degree or recurrence as to
 1834  manifest culpability, wrongful intent, or evil design or to show
 1835  an intentional and substantial disregard of the interests of the
 1836  vessel owner.
 1837         (2)(a)It is unlawful for A person, firm, or corporation
 1838  may not to store, leave, or abandon any derelict vessel upon
 1839  waters of in this state. For purposes of this paragraph, the
 1840  term “leave” means to allow a vessel to remain occupied or
 1841  unoccupied on the waters of this state for more than 24 hours.
 1842         (b)Notwithstanding paragraph (a), a person who owns or
 1843  operates a vessel that becomes derelict upon the waters of this
 1844  state solely as a result of a boating accident that is reported
 1845  to law enforcement in accordance with s. 327.301 or otherwise
 1846  reported to law enforcement; a hurricane; or another sudden
 1847  event outside of his or her control may not be charged with a
 1848  violation if:
 1849         1.The individual documents for law enforcement the
 1850  specific event that led to the vessel being derelict upon the
 1851  waters of this state; and
 1852         2.The vessel has been removed from the waters of this
 1853  state or has been repaired or addressed such that it is no
 1854  longer derelict upon the waters of this state:
 1855         a.For a vessel that has become derelict as a result of a
 1856  boating accident or other sudden event outside of his or her
 1857  control, within 7 days after such accident or event; or
 1858         b.Within 45 days after the hurricane has passed over the
 1859  state.
 1860         (c)This subsection does not apply to a vessel that was
 1861  derelict upon the waters of this state before the stated
 1862  accident or event.
 1863         (3) The commission, an officer officers of the commission,
 1864  or a and any law enforcement agency or officer specified in s.
 1865  327.70 may are authorized and empowered to relocate, remove,
 1866  store, destroy, or dispose of or cause to be relocated, or
 1867  removed, stored, destroyed, or disposed of a derelict vessel
 1868  from public waters of this state as defined in s. 327.02 if the
 1869  derelict vessel obstructs or threatens to obstruct navigation or
 1870  in any way constitutes a danger to the environment, property, or
 1871  persons. The commission, an officer officers of the commission,
 1872  or any other law enforcement agency or officer acting pursuant
 1873  to under this subsection to relocate, remove, store, destroy,
 1874  dispose of or cause to be relocated, or removed, stored,
 1875  destroyed, or disposed of a derelict vessel from public waters
 1876  of this state shall be held harmless for all damages to the
 1877  derelict vessel resulting from such action relocation or removal
 1878  unless the damage results from gross negligence or willful
 1879  misconduct.
 1880         (a) Removal of derelict vessels under this subsection may
 1881  be funded by grants provided in ss. 206.606 and 376.15. The
 1882  commission shall implement a plan for the procurement of any
 1883  available federal disaster funds and use such funds for the
 1884  removal of derelict vessels.
 1885         (b) All costs, including costs owed to a third party,
 1886  incurred by the commission, another or other law enforcement
 1887  agency, or a governmental subdivision, when the governmental
 1888  subdivision has received authorization from a law enforcement
 1889  officer or agency, in the relocation, or removal, storage,
 1890  destruction, or disposal of a derelict vessel are recoverable
 1891  against the vessel owner or the party determined to be legally
 1892  responsible for the vessel being upon the waters of this state
 1893  in a derelict condition. The Department of Legal Affairs shall
 1894  represent the commission in actions to recover such costs. As
 1895  provided in s. 705.103(4), a person who neglects or refuses to
 1896  pay such costs may not be issued a certificate of registration
 1897  for such vessel or for any other vessel or motor vehicle until
 1898  such costs have been paid. A person who has neglected or refused
 1899  to pay all costs of removal, storage, destruction, or disposal
 1900  of a derelict vessel as provided in this section, after having
 1901  been provided written notice via certified mail that such costs
 1902  are owed, and who applies for and is issued a registration for a
 1903  vessel or motor vehicle before such costs have been paid in full
 1904  commits a misdemeanor of the first degree, punishable as
 1905  provided in s. 775.082 or s. 775.083.
 1906         (c) A contractor performing such relocation or removal
 1907  activities at the direction of the commission, an officer
 1908  officers of the commission, or a law enforcement agency or
 1909  officer, or a governmental subdivision, when the governmental
 1910  subdivision has received authorization for the relocation or
 1911  removal from a law enforcement officer or agency, pursuant to
 1912  this section must be licensed in accordance with applicable
 1913  United States Coast Guard regulations where required; obtain and
 1914  carry in full force and effect a policy from a licensed
 1915  insurance carrier in this state to insure against any accident,
 1916  loss, injury, property damage, or other casualty caused by or
 1917  resulting from the contractor’s actions; and be properly
 1918  equipped to perform the services to be provided.
 1919         Section 29. Except as otherwise expressly provided in this
 1920  act, this act shall take effect July 1, 2021.