Bill Text: FL S0494 | 2022 | Regular Session | Comm Sub


Bill Title: Fish and Wildlife Conservation Commission

Spectrum: Bipartisan Bill

Status: (Introduced) 2021-12-02 - Pending reference review under Rule 4.7(2) - (Committee Substitute) [S0494 Detail]

Download: Florida-2022-S0494-Comm_Sub.html
       Florida Senate - 2022                              CS for SB 494
       
       
        
       By the Committee on Environment and Natural Resources; and
       Senator Hutson
       
       
       
       
       592-01302-22                                           2022494c1
    1                        A bill to be entitled                      
    2         An act relating to the Fish and Wildlife Conservation
    3         Commission; amending ss. 327.352 and 327.35215, F.S.;
    4         revising the notices a person must be given for
    5         failure to submit to certain tests for alcohol,
    6         chemical substances, or controlled substances; making
    7         technical changes; amending s. 327.371, F.S.;
    8         authorizing certain athletic teams or sports
    9         affiliated with specified educational institutions to
   10         operate a human-powered vessel within the marked
   11         channel of the Florida Intracoastal Waterway; amending
   12         s. 327.4107, F.S.; revising the vessel conditions that
   13         an officer of the Fish and Wildlife Conservation
   14         Commission or a law enforcement agency may use to
   15         determine that a vessel is at risk of becoming
   16         derelict; amending s. 327.46, F.S.; prohibiting
   17         municipalities and counties from designating public
   18         bathing beach areas or swim areas within their
   19         jurisdictions which are within the marked channel
   20         portion of the Florida Intracoastal Waterway or within
   21         a specified distance from any portion of the marked
   22         channel; repealing s. 376.15, F.S., relating to
   23         derelict vessels and the relocation and removal of
   24         such vessels from the waters of this state; amending
   25         s. 379.101, F.S.; revising the definitions of the
   26         terms “marine fish” and “saltwater fish”; amending s.
   27         705.101, F.S.; revising the definition of the term
   28         “abandoned property” to include vessels declared to be
   29         a public nuisance; amending s. 705.103, F.S.;
   30         clarifying the notice requirements and procedures for
   31         vessels declared to be public nuisances; amending s.
   32         823.11, F.S.; making technical changes; authorizing
   33         the commission to establish a program to provide
   34         grants to local governments for certain actions
   35         regarding derelict vessels and those declared to be a
   36         public nuisance; specifying sources for the funds to
   37         be used, subject to an appropriation; authorizing the
   38         commission to use funds not awarded as grants for
   39         certain purposes; requiring the commission to adopt
   40         rules for the grant applications and the criteria for
   41         allocating the funds; amending s. 934.50, F.S.;
   42         providing that all employees of the commission or the
   43         Florida Forest Service may operate drones for
   44         specified purposes; amending ss. 327.04, 328.09,
   45         328.72, and 376.11, F.S.; conforming provisions to
   46         changes made by the act; repealing s. 25, chapter
   47         2021-184, Laws of Florida, relating to derelict
   48         vessels; reenacting s. 327.73(1)(dd), F.S., relating
   49         to noncriminal boating infractions, to incorporate the
   50         amendment made to s. 327.371, F.S., in a reference
   51         thereto; reenacting ss. 125.01(4) and 379.2412, F.S.,
   52         relating to powers and duties of legislative and
   53         governing bodies of counties and state preemption of
   54         the regulating of taking or possessing saltwater fish,
   55         respectively, to incorporate the amendment made to s.
   56         379.101, F.S., in a reference thereto; providing
   57         effective dates.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Paragraphs (a) and (c) of subsection (1) of
   62  section 327.352, Florida Statutes, are amended to read:
   63         327.352 Tests for alcohol, chemical substances, or
   64  controlled substances; implied consent; refusal.—
   65         (1)(a)1. The Legislature declares that the operation of a
   66  vessel is a privilege that must be exercised in a reasonable
   67  manner. In order to protect the public health and safety, it is
   68  essential that a lawful and effective means of reducing the
   69  incidence of boating while impaired or intoxicated be
   70  established. Therefore, a person who accepts the privilege
   71  extended by the laws of this state of operating a vessel within
   72  this state is, by operating such vessel, deemed to have given
   73  his or her consent to submit to an approved chemical test or
   74  physical test including, but not limited to, an infrared light
   75  test of his or her breath for the purpose of determining the
   76  alcoholic content of his or her blood or breath if the person is
   77  lawfully arrested for any offense allegedly committed while the
   78  person was operating a vessel while under the influence of
   79  alcoholic beverages. The chemical or physical breath test must
   80  be incidental to a lawful arrest and administered at the request
   81  of a law enforcement officer who has reasonable cause to believe
   82  such person was operating the vessel within this state while
   83  under the influence of alcoholic beverages. The administration
   84  of a breath test does not preclude the administration of another
   85  type of test. The person shall be told that his or her failure
   86  to submit to any lawful test of his or her breath under this
   87  chapter will result in a civil penalty of $500, and shall also
   88  be told that if he or she refuses to submit to a lawful test of
   89  his or her breath and he or she has been previously fined under
   90  s. 327.35215 or has previously had his or her driving privilege
   91  has been previously driver license suspended for refusal to
   92  submit to any lawful test of his or her breath, urine, or blood,
   93  he or she commits a misdemeanor of the first degree, punishable
   94  as provided in s. 775.082 or s. 775.083, in addition to any
   95  other penalties provided by law. The refusal to submit to a
   96  chemical or physical breath test upon the request of a law
   97  enforcement officer as provided in this section is admissible
   98  into evidence in any criminal proceeding.
   99         2. A person who accepts the privilege extended by the laws
  100  of this state of operating a vessel within this state is, by
  101  operating such vessel, deemed to have given his or her consent
  102  to submit to a urine test for the purpose of detecting the
  103  presence of chemical substances as set forth in s. 877.111 or
  104  controlled substances if the person is lawfully arrested for any
  105  offense allegedly committed while the person was operating a
  106  vessel while under the influence of chemical substances or
  107  controlled substances. The urine test must be incidental to a
  108  lawful arrest and administered at a detention facility or any
  109  other facility, mobile or otherwise, which is equipped to
  110  administer such tests at the request of a law enforcement
  111  officer who has reasonable cause to believe such person was
  112  operating a vessel within this state while under the influence
  113  of chemical substances or controlled substances. The urine test
  114  must shall be administered at a detention facility or any other
  115  facility, mobile or otherwise, which is equipped to administer
  116  such test in a reasonable manner that will ensure the accuracy
  117  of the specimen and maintain the privacy of the individual
  118  involved. The administration of a urine test does not preclude
  119  the administration of another type of test. The person shall be
  120  told that his or her failure to submit to any lawful test of his
  121  or her urine under this chapter will result in a civil penalty
  122  of $500, and shall also be told that if he or she refuses to
  123  submit to a lawful test of his or her urine and he or she has
  124  been previously fined under s. 327.35215 or has previously had
  125  his or her driving privilege has been previously driver license
  126  suspended for refusal to submit to any lawful test of his or her
  127  breath, urine, or blood, he or she commits a misdemeanor of the
  128  first degree, punishable as provided in s. 775.082 or s.
  129  775.083, in addition to any other penalties provided by law. The
  130  refusal to submit to a urine test upon the request of a law
  131  enforcement officer as provided in this section is admissible
  132  into evidence in any criminal proceeding.
  133         (c) A person who accepts the privilege extended by the laws
  134  of this state of operating a vessel within this state is, by
  135  operating such vessel, deemed to have given his or her consent
  136  to submit to an approved blood test for the purpose of
  137  determining the alcoholic content of the blood or a blood test
  138  for the purpose of determining the presence of chemical
  139  substances or controlled substances as provided in this section
  140  if there is reasonable cause to believe the person was operating
  141  a vessel while under the influence of alcoholic beverages or
  142  chemical or controlled substances and the person appears for
  143  treatment at a hospital, clinic, or other medical facility and
  144  the administration of a breath or urine test is impractical or
  145  impossible. As used in this paragraph, the term “other medical
  146  facility” includes an ambulance or other medical emergency
  147  vehicle. The blood test must shall be performed in a reasonable
  148  manner. A person who is incapable of refusal by reason of
  149  unconsciousness or other mental or physical condition is deemed
  150  not to have withdrawn his or her consent to such test. A person
  151  who is capable of refusal shall be told that his or her failure
  152  to submit to such a blood test will result in a civil penalty of
  153  $500. The refusal to submit to a blood test upon the request of
  154  a law enforcement officer is shall be admissible in evidence in
  155  any criminal proceeding.
  156         Section 2. Subsections (1) and (2) of section 327.35215,
  157  Florida Statutes, are amended to read:
  158         327.35215 Penalty for failure to submit to test.—
  159         (1) A person who is lawfully arrested for an alleged
  160  violation of s. 327.35 and who refuses to submit to a blood
  161  test, breath test, or urine test pursuant to s. 327.352 is
  162  subject to a civil penalty of $500.
  163         (2) When a person refuses to submit to a blood test, breath
  164  test, or urine test pursuant to s. 327.352, a law enforcement
  165  officer who is authorized to make arrests for violations of this
  166  chapter shall file with the clerk of the court, on a form
  167  provided by the commission department, a certified statement
  168  that probable cause existed to arrest the person for a violation
  169  of s. 327.35 and that the person refused to submit to a test as
  170  required by s. 327.352. Along with the statement, the officer
  171  shall must also submit a sworn statement on a form provided by
  172  the commission department that the person has been advised of
  173  both the penalties for failure to submit to the blood, breath,
  174  or urine test and the procedure for requesting a hearing.
  175         Section 3. Present paragraph (c) of subsection (1) of
  176  section 327.371, Florida Statutes, is redesignated as paragraph
  177  (d), and a new paragraph (c) is added to that subsection, to
  178  read:
  179         327.371 Human-powered vessels regulated.—
  180         (1) A person may operate a human-powered vessel within the
  181  boundaries of the marked channel of the Florida Intracoastal
  182  Waterway as defined in s. 327.02:
  183         (c) When participating in interscholastic, intercollegiate,
  184  intramural, or club athletic teams or sports affiliated with an
  185  educational institution identified in s. 1000.21, s. 1002.01(2),
  186  s. 1003.01(2), s. 1005.02(4), or s. 1005.03(1)(d).
  187         Section 4. Paragraph (f) is added to subsection (2) of
  188  section 327.4107, Florida Statutes, to read:
  189         327.4107 Vessels at risk of becoming derelict on waters of
  190  this state.—
  191         (2) An officer of the commission or of a law enforcement
  192  agency specified in s. 327.70 may determine that a vessel is at
  193  risk of becoming derelict if any of the following conditions
  194  exist:
  195         (f) The vessel is tied to an unlawful or unpermitted
  196  structure or mooring.
  197         Section 5. Paragraph (b) of subsection (1) of section
  198  327.46, Florida Statutes, is amended to read:
  199         327.46 Boating-restricted areas.—
  200         (1) Boating-restricted areas, including, but not limited
  201  to, restrictions of vessel speeds and vessel traffic, may be
  202  established on the waters of this state for any purpose
  203  necessary to protect the safety of the public if such
  204  restrictions are necessary based on boating accidents,
  205  visibility, hazardous currents or water levels, vessel traffic
  206  congestion, or other navigational hazards or to protect
  207  seagrasses on privately owned submerged lands.
  208         (b) Municipalities and counties may establish the following
  209  boating-restricted areas by ordinance, including,
  210  notwithstanding the prohibition in s. 327.60(2)(c), within the
  211  portion of the Florida Intracoastal Waterway within their
  212  jurisdiction:
  213         1. An ordinance establishing an idle speed, no wake
  214  boating-restricted area, if the area is:
  215         a. Within 500 feet of any boat ramp, hoist, marine railway,
  216  or other launching or landing facility available for use by the
  217  general boating public on waterways more than 300 feet in width
  218  or within 300 feet of any boat ramp, hoist, marine railway, or
  219  other launching or landing facility available for use by the
  220  general boating public on waterways not exceeding 300 feet in
  221  width.
  222         b. Within 500 feet of fuel pumps or dispensers at any
  223  marine fueling facility that sells motor fuel to the general
  224  boating public on waterways more than 300 feet in width or
  225  within 300 feet of the fuel pumps or dispensers at any licensed
  226  terminal facility that sells motor fuel to the general boating
  227  public on waterways not exceeding 300 feet in width.
  228         c. Inside or within 300 feet of any lock structure.
  229         2. An ordinance establishing a slow speed, minimum wake
  230  boating-restricted area if the area is:
  231         a. Within 300 feet of any bridge fender system.
  232         b. Within 300 feet of any bridge span presenting a vertical
  233  clearance of less than 25 feet or a horizontal clearance of less
  234  than 100 feet.
  235         c. On a creek, stream, canal, or similar linear waterway if
  236  the waterway is less than 75 feet in width from shoreline to
  237  shoreline.
  238         d. On a lake or pond of less than 10 acres in total surface
  239  area.
  240         e. Within the boundaries of a permitted public mooring
  241  field and a buffer around the mooring field of up to 100 feet.
  242         3. An ordinance establishing a vessel-exclusion zone if the
  243  area is:
  244         a. Designated as a public bathing beach or swim area,
  245  except that public bathing beach or swim areas may not be
  246  established in whole or in part within the marked channel of the
  247  Florida Intracoastal Waterway or within 100 feet of any portion
  248  of the marked channel.
  249         b. Within 300 feet of a dam, spillway, or flood control
  250  structure.
  251  
  252  Vessel exclusion zones created pursuant to this subparagraph
  253  must be marked with uniform waterway markers permitted by the
  254  commission in accordance with this chapter. Such zones may not
  255  be marked by ropes.
  256         Section 6. Section 376.15, Florida Statutes, is repealed.
  257         Section 7. Subsections (22) and (34) of section 379.101,
  258  Florida Statutes, are amended to read:
  259         379.101 Definitions.—In construing these statutes, where
  260  the context does not clearly indicate otherwise, the word,
  261  phrase, or term:
  262         (22) “Marine fish” means any saltwater species of finfish
  263  of the classes Agnatha, Chondrichthyes, and Osteichthyes, and
  264  marine invertebrates of in the classes Gastropoda and, Bivalvia,
  265  the subphylum and Crustacea, or the phylum Echinodermata;
  266  however, the term but does not include nonliving shells or
  267  echinoderms.
  268         (34) “Saltwater fish” means:
  269         (a) Any saltwater species of finfish of the classes
  270  Agnatha, Chondrichthyes, or Osteichthyes and marine
  271  invertebrates of the classes Gastropoda and, Bivalvia, the
  272  subphylum or Crustacea, or of the phylum Echinodermata; however,
  273  the term but does not include nonliving shells or echinoderms;
  274  and
  275         (b) All classes of pisces, shellfish, sponges, and
  276  crustaceans crustacea native to salt water.
  277         Section 8. Subsection (3) of section 705.101, Florida
  278  Statutes, is amended to read:
  279         705.101 Definitions.—As used in this chapter:
  280         (3) “Abandoned property” means all tangible personal
  281  property that does not have an identifiable owner and that has
  282  been disposed on public property in a wrecked, inoperative, or
  283  partially dismantled condition or has no apparent intrinsic
  284  value to the rightful owner. The term includes derelict vessels
  285  as defined in s. 823.11 and vessels declared a public nuisance
  286  pursuant to s. 327.73(1)(aa).
  287         Section 9. Paragraph (a) of subsection (2) and subsection
  288  (4) of section 705.103, Florida Statutes, are amended to read:
  289         705.103 Procedure for abandoned or lost property.—
  290         (2)(a)1. Whenever a law enforcement officer ascertains
  291  that:
  292         a. An article of lost or abandoned property other than a
  293  derelict vessel or a vessel declared a public nuisance pursuant
  294  to s. 327.73(1)(aa) is present on public property and is of such
  295  nature that it cannot be easily removed, the officer shall cause
  296  a notice to be placed upon such article in substantially the
  297  following form:
  298  
  299  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  300  PROPERTY. This property, to wit: ...(setting forth brief
  301  description)... is unlawfully upon public property known as
  302  ...(setting forth brief description of location)... and must be
  303  removed within 5 days; otherwise, it will be removed and
  304  disposed of pursuant to chapter 705, Florida Statutes. The owner
  305  will be liable for the costs of removal, storage, and
  306  publication of notice. Dated this: ...(setting forth the date of
  307  posting of notice)..., signed: ...(setting forth name, title,
  308  address, and telephone number of law enforcement officer)....
  309  
  310         b. A derelict vessel or a vessel declared a public nuisance
  311  pursuant to s. 327.73(1)(aa) is present on the waters of this
  312  state, the officer shall cause a notice to be placed upon such
  313  vessel in substantially the following form:
  314  
  315  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  316  VESSEL. This vessel, to wit: ...(setting forth brief
  317  description)... has been determined to be ...(derelict or a
  318  public nuisance)... and is unlawfully upon waters of this state
  319  ...(setting forth brief description of location)... and must be
  320  removed within 21 days; otherwise, it will be removed and
  321  disposed of pursuant to chapter 705, Florida Statutes. The owner
  322  and other interested parties have the right to a hearing to
  323  challenge the determination that this vessel is derelict or
  324  otherwise in violation of the law. Please contact ...(contact
  325  information for person who can arrange for a hearing in
  326  accordance with this section).... The owner or the party
  327  determined to be legally responsible for the vessel being upon
  328  the waters of this state in a derelict condition or as a public
  329  nuisance will be liable for the costs of removal, destruction,
  330  and disposal if this vessel is not removed by the owner. Dated
  331  this: ...(setting forth the date of posting of notice)...,
  332  signed: ...(setting forth name, title, address, and telephone
  333  number of law enforcement officer)....
  334  
  335         2. The notices required under subparagraph 1. may not be
  336  less than 8 inches by 10 inches and must shall be sufficiently
  337  weatherproof to withstand normal exposure to the elements. In
  338  addition to posting, the law enforcement officer shall make a
  339  reasonable effort to ascertain the name and address of the
  340  owner. If such is reasonably available to the officer, she or he
  341  shall mail a copy of such notice to the owner on or before the
  342  date of posting. If the property is a motor vehicle as defined
  343  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  344  enforcement agency shall contact the Department of Highway
  345  Safety and Motor Vehicles in order to determine the name and
  346  address of the owner and any person who has filed a lien on the
  347  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  348  328.15(1). On receipt of this information, the law enforcement
  349  agency shall mail a copy of the notice by certified mail, return
  350  receipt requested, to the owner and to the lienholder, if any,
  351  except that a law enforcement officer who has issued a citation
  352  for a violation of s. 376.15 or s. 823.11 to the owner of a
  353  derelict vessel is not required to mail a copy of the notice by
  354  certified mail, return receipt requested, to the owner. For a
  355  derelict vessel or a vessel declared a public nuisance pursuant
  356  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  357  responsible party that he or she has a right to a hearing to
  358  dispute the determination that the vessel is derelict or
  359  otherwise in violation of the law. If a request for a hearing is
  360  made, a state agency shall follow the processes set forth in s.
  361  120.569. Local governmental entities shall follow the processes
  362  set forth in s. 120.569, except that a local judge, magistrate,
  363  or code enforcement officer may be designated to conduct such a
  364  hearing. If, at the end of 5 days after posting the notice in
  365  sub-subparagraph 1.a., or at the end of 21 days after posting
  366  the notice in sub-subparagraph 1.b., and mailing such notice, if
  367  required, the owner or any person interested in the lost or
  368  abandoned article or articles described has not removed the
  369  article or articles from public property or shown reasonable
  370  cause for failure to do so, and, in the case of a derelict
  371  vessel or a vessel declared a public nuisance pursuant to s.
  372  327.73(1)(aa), has not requested a hearing in accordance with
  373  this section, the following shall apply:
  374         a. For abandoned property other than a derelict vessel or a
  375  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  376  the law enforcement agency may retain any or all of the property
  377  for its own use or for use by the state or unit of local
  378  government, trade such property to another unit of local
  379  government or state agency, donate the property to a charitable
  380  organization, sell the property, or notify the appropriate
  381  refuse removal service.
  382         b. For a derelict vessel or a vessel declared a public
  383  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  384  agency or its designee may:
  385         (I) Remove the vessel from the waters of this state and
  386  destroy and dispose of the vessel or authorize another
  387  governmental entity or its designee to do so; or
  388         (II) Authorize the vessel’s use as an artificial reef in
  389  accordance with s. 379.249 if all necessary federal, state, and
  390  local authorizations are received.
  391  
  392  A law enforcement agency or its designee may also take action as
  393  described in this sub-subparagraph if, following a hearing
  394  pursuant to this section, the judge, magistrate, administrative
  395  law judge, or hearing officer has determined the vessel to be
  396  derelict as provided in s. 823.11 or otherwise in violation of
  397  the law in accordance with s. 327.73(1)(aa) and a final order
  398  has been entered or the case is otherwise closed.
  399         (4) The owner of any abandoned or lost property, or in the
  400  case of a derelict vessel or a vessel declared a public nuisance
  401  pursuant to s. 327.73(1)(aa), the owner or other party
  402  determined to be legally responsible for the vessel being upon
  403  the waters of this state in a derelict condition or as a public
  404  nuisance, who, after notice as provided in this section, does
  405  not remove such property within the specified period is shall be
  406  liable to the law enforcement agency, other governmental entity,
  407  or the agency’s or entity’s designee for all costs of removal,
  408  storage, and destruction, and disposal of such property, less
  409  any salvage value obtained by disposal of the property. Upon
  410  final disposition of the property, the law enforcement officer
  411  or representative of the law enforcement agency or other
  412  governmental entity shall notify the owner or in the case of a
  413  derelict vessel or vessel declared a public nuisance pursuant to
  414  s. 327.73(1)(aa), the owner or other party determined to be
  415  legally responsible, if known, of the amount owed. In the case
  416  of an abandoned vessel or motor vehicle, any person who neglects
  417  or refuses to pay such amount is not entitled to be issued a
  418  certificate of registration for such vessel or motor vehicle, or
  419  any other vessel or motor vehicle, until such costs have been
  420  paid. A person who has neglected or refused to pay all costs of
  421  removal, storage, disposal, and destruction of a vessel or motor
  422  vehicle as provided in this section, after having been provided
  423  written notice via certified mail that such costs are owed, and
  424  who applies for and is issued a registration for a vessel or
  425  motor vehicle before such costs have been paid in full commits a
  426  misdemeanor of the first degree, punishable as provided in s.
  427  775.082 or s. 775.083. The law enforcement officer or
  428  representative of the law enforcement agency or other
  429  governmental entity shall supply the Department of Highway
  430  Safety and Motor Vehicles with a list of persons whose vessel
  431  registration privileges and motor vehicle privileges have been
  432  revoked under this subsection. The department or a person acting
  433  as an agent of the department may not issue a certificate of
  434  registration to a person whose vessel and motor vehicle
  435  registration privileges have been revoked, as provided by this
  436  subsection, until such costs have been paid.
  437         Section 10. Effective July 1, 2023, paragraph (a) of
  438  subsection (2) of section 705.103, Florida Statutes, as amended
  439  by chapters 2019-76 and 2021-184, Laws of Florida, is amended to
  440  read:
  441         705.103 Procedure for abandoned or lost property.—
  442         (2)(a)1. Whenever a law enforcement officer ascertains
  443  that:
  444         a. An article of lost or abandoned property other than a
  445  derelict vessel or a vessel declared a public nuisance pursuant
  446  to s. 327.73(1)(aa) is present on public property and is of such
  447  nature that it cannot be easily removed, the officer shall cause
  448  a notice to be placed upon such article in substantially the
  449  following form:
  450  
  451  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  452  PROPERTY. This property, to wit: ...(setting forth brief
  453  description)... is unlawfully upon public property known as
  454  ...(setting forth brief description of location)... and must be
  455  removed within 5 days; otherwise, it will be removed and
  456  disposed of pursuant to chapter 705, Florida Statutes. The owner
  457  will be liable for the costs of removal, storage, and
  458  publication of notice. Dated this: ...(setting forth the date of
  459  posting of notice)..., signed: ...(setting forth name, title,
  460  address, and telephone number of law enforcement officer)....
  461  
  462         b. A derelict vessel or a vessel declared a public nuisance
  463  pursuant to s. 327.73(1)(aa) is present on the waters of this
  464  state, the officer shall cause a notice to be placed upon such
  465  vessel in substantially the following form:
  466  
  467  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
  468  VESSEL. This vessel, to wit: ...(setting forth brief description
  469  of location)... has been determined to be ...(derelict or a
  470  public nuisance)... and is unlawfully upon the waters of this
  471  state ...(setting forth brief description of location)... and
  472  must be removed within 21 days; otherwise, it will be removed
  473  and disposed of pursuant to chapter 705, Florida Statutes. The
  474  owner and other interested parties have the right to a hearing
  475  to challenge the determination that this vessel is derelict or
  476  otherwise in violation of the law. Please contact ...(contact
  477  information for person who can arrange for a hearing in
  478  accordance with this section)... The owner or the party
  479  determined to be legally responsible for the vessel being upon
  480  the waters of this state in a derelict condition or as a public
  481  nuisance will be liable for the costs of removal, destruction,
  482  and disposal if this vessel is not removed by the owner. Dated
  483  this: ...(setting forth the date of posting of notice)...,
  484  signed: ...(setting forth name, title, address, and telephone
  485  number of law enforcement officer)....
  486  
  487         2. The notices required under subparagraph 1. may not be
  488  less than 8 inches by 10 inches and must shall be sufficiently
  489  weatherproof to withstand normal exposure to the elements. In
  490  addition to posting, the law enforcement officer shall make a
  491  reasonable effort to ascertain the name and address of the
  492  owner. If such is reasonably available to the officer, she or he
  493  shall mail a copy of such notice to the owner on or before the
  494  date of posting. If the property is a motor vehicle as defined
  495  in s. 320.01(1) or a vessel as defined in s. 327.02, the law
  496  enforcement agency shall contact the Department of Highway
  497  Safety and Motor Vehicles in order to determine the name and
  498  address of the owner and any person who has filed a lien on the
  499  vehicle or vessel as provided in s. 319.27(2) or (3) or s.
  500  328.15. On receipt of this information, the law enforcement
  501  agency shall mail a copy of the notice by certified mail, return
  502  receipt requested, to the owner and to the lienholder, if any,
  503  except that a law enforcement officer who has issued a citation
  504  for a violation of s. 376.15 or s. 823.11 to the owner of a
  505  derelict vessel is not required to mail a copy of the notice by
  506  certified mail, return receipt requested, to the owner. For a
  507  derelict vessel or a vessel declared a public nuisance pursuant
  508  to s. 327.73(1)(aa), the mailed notice must inform the owner or
  509  responsible party that he or she has a right to a hearing to
  510  dispute the determination that the vessel is derelict or
  511  otherwise in violation of the law. If a request for a hearing is
  512  made, a state agency shall follow the processes as set forth in
  513  s. 120.569. Local governmental entities shall follow the
  514  processes set forth in s. 120.569, except that a local judge,
  515  magistrate, or code enforcement officer may be designated to
  516  conduct such a hearing. If, at the end of 5 days after posting
  517  the notice in sub-subparagraph 1.a., or at the end of 21 days
  518  after posting the notice in sub-subparagraph 1.b., and mailing
  519  such notice, if required, the owner or any person interested in
  520  the lost or abandoned article or articles described has not
  521  removed the article or articles from public property or shown
  522  reasonable cause for failure to do so, and, in the case of a
  523  derelict vessel or a vessel declared a public nuisance pursuant
  524  to s. 327.73(1)(aa), has not requested a hearing in accordance
  525  with this section, the following shall apply:
  526         a. For abandoned property other than a derelict vessel or a
  527  vessel declared a public nuisance pursuant to s. 327.73(1)(aa),
  528  the law enforcement agency may retain any or all of the property
  529  for its own use or for use by the state or unit of local
  530  government, trade such property to another unit of local
  531  government or state agency, donate the property to a charitable
  532  organization, sell the property, or notify the appropriate
  533  refuse removal service.
  534         b. For a derelict vessel or a vessel declared a public
  535  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
  536  agency or its designee may:
  537         (I) Remove the vessel from the waters of this state and
  538  destroy and dispose of the vessel or authorize another
  539  governmental entity or its designee to do so; or
  540         (II) Authorize the vessel’s use as an artificial reef in
  541  accordance with s. 379.249 if all necessary federal, state, and
  542  local authorizations are received.
  543  
  544  A law enforcement agency or its designee may also take action as
  545  described in this sub-subparagraph if, following a hearing
  546  pursuant to this section, the judge, magistrate, administrative
  547  law judge, or hearing officer has determined the vessel to be
  548  derelict as provided in s. 823.11 or otherwise in violation of
  549  the law in accordance with s. 327.73(1)(aa) and a final order
  550  has been entered or the case is otherwise closed.
  551         Section 11. Present subsections (4), (5), and (6) of
  552  section 823.11, Florida Statutes, are redesignated as
  553  subsections (5), (6), and (7), respectively, a new subsection
  554  (4) is added to that section, and subsection (1), paragraph (c)
  555  of subsection (2), subsection (3), and present subsections (5)
  556  and (6) of that section are amended, to read:
  557         823.11 Derelict vessels; relocation or removal; penalty.—
  558         (1) As used in this section and s. 376.15, the term:
  559         (a) “Commission” means the Fish and Wildlife Conservation
  560  Commission.
  561         (b) “Derelict vessel” means a vessel, as defined in s.
  562  327.02, that is:
  563         1. In a wrecked, junked, or substantially dismantled
  564  condition upon any waters of this state.
  565         a. A vessel is wrecked if it is sunken or sinking; aground
  566  without the ability to extricate itself absent mechanical
  567  assistance; or remaining after a marine casualty, including, but
  568  not limited to, a boating accident, extreme weather, or a fire.
  569         b. A vessel is junked if it has been substantially stripped
  570  of vessel components, if vessel components have substantially
  571  degraded or been destroyed, or if the vessel has been discarded
  572  by the owner or operator. Attaching an outboard motor to a
  573  vessel that is otherwise junked will not cause the vessel to no
  574  longer be junked if such motor is not an effective means of
  575  propulsion as required by s. 327.4107(2)(e) and associated
  576  rules.
  577         c. A vessel is substantially dismantled if at least two of
  578  the three following vessel systems or components are missing,
  579  compromised, incomplete, inoperable, or broken:
  580         (I) The steering system;
  581         (II) The propulsion system; or
  582         (III) The exterior hull integrity.
  583  
  584  Attaching an outboard motor to a vessel that is otherwise
  585  substantially dismantled will not cause the vessel to no longer
  586  be substantially dismantled if such motor is not an effective
  587  means of propulsion as required by s. 327.4107(2)(e) and
  588  associated rules.
  589         2. At a port in this state without the consent of the
  590  agency having jurisdiction thereof.
  591         3. Docked, grounded, or beached upon the property of
  592  another without the consent of the owner of the property.
  593         (c) “Gross negligence” means conduct so reckless or wanting
  594  in care that it constitutes a conscious disregard or
  595  indifference to the safety of the property exposed to such
  596  conduct.
  597         (d) “Willful misconduct” means conduct evidencing
  598  carelessness or negligence of such a degree or recurrence as to
  599  manifest culpability, wrongful intent, or evil design or to show
  600  an intentional and substantial disregard of the interests of the
  601  vessel owner.
  602         (2)
  603         (c) The additional time provided in subparagraph (b)2. for
  604  an owner or responsible party to remove a derelict vessel from
  605  the waters of this state or to repair and remedy the vessel’s
  606  derelict condition This subsection does not apply to a vessel
  607  that was derelict upon the waters of this state before the
  608  stated accident or event.
  609         (3) The commission, an officer of the commission, or a law
  610  enforcement agency or officer specified in s. 327.70 may
  611  relocate, remove, and store, destroy, or dispose of or cause to
  612  be relocated, removed, and stored, destroyed, or disposed of a
  613  derelict vessel from waters of this state as defined in s.
  614  327.02 if the derelict vessel obstructs or threatens to obstruct
  615  navigation or in any way constitutes a danger to the
  616  environment, property, or persons. The commission, an officer of
  617  the commission, or any other law enforcement agency or officer
  618  acting pursuant to this subsection to relocate, remove, and
  619  store, destroy, dispose of or cause to be relocated, removed,
  620  and stored, destroyed, or disposed of a derelict vessel from
  621  waters of this state shall be held harmless for all damages to
  622  the derelict vessel resulting from such action unless the damage
  623  results from gross negligence or willful misconduct.
  624         (a) Removal of derelict vessels under this subsection may
  625  be funded by grants provided in ss. 206.606 and 376.15. The
  626  commission shall implement a plan for the procurement of any
  627  available federal disaster funds and use such funds for the
  628  removal of derelict vessels.
  629         (b) All costs, including costs owed to a third party,
  630  incurred by the commission, another law enforcement agency, or a
  631  governmental subdivision, when the governmental subdivision has
  632  received authorization from a law enforcement officer or agency,
  633  in the relocation, removal, storage, destruction, or disposal of
  634  a derelict vessel are recoverable against the vessel owner or
  635  the party determined to be legally responsible for the vessel
  636  being upon the waters of this state in a derelict condition. The
  637  Department of Legal Affairs shall represent the commission in
  638  actions to recover such costs. As provided in s. 705.103(4), a
  639  person who neglects or refuses to pay such costs may not be
  640  issued a certificate of registration for such vessel or for any
  641  other vessel or motor vehicle until such costs have been paid. A
  642  person who has neglected or refused to pay all costs of removal,
  643  storage, destruction, or disposal of a derelict vessel as
  644  provided in this section, after having been provided written
  645  notice via certified mail that such costs are owed, and who
  646  applies for and is issued a registration for a vessel or motor
  647  vehicle before such costs have been paid in full commits a
  648  misdemeanor of the first degree, punishable as provided in s.
  649  775.082 or s. 775.083.
  650         (b)(c) A contractor performing such activities at the
  651  direction of the commission, an officer of the commission, a law
  652  enforcement agency or officer, or a governmental subdivision,
  653  when the governmental subdivision has received authorization for
  654  the relocation or removal from a law enforcement officer or
  655  agency, pursuant to this section must be licensed in accordance
  656  with applicable United States Coast Guard regulations where
  657  required; obtain and carry in full force and effect a policy
  658  from a licensed insurance carrier in this state to insure
  659  against any accident, loss, injury, property damage, or other
  660  casualty caused by or resulting from the contractor’s actions;
  661  and be properly equipped to perform the services to be provided.
  662         (4)(a)Removal of derelict vessels under this subsection
  663  may be funded by grants provided in s. 206.606.
  664         (b)The commission may implement a plan for the procurement
  665  of any available federal disaster funds and use such funds for
  666  the removal of derelict vessels.
  667         (c)The commission may establish a program to provide
  668  grants to local governments for the removal, storage,
  669  destruction, and disposal of derelict vessels from the waters of
  670  this state. This grant funding may also be used for the removal,
  671  storage, destruction, and disposal of vessels declared a public
  672  nuisance pursuant to s. 327.73(1)(aa). The program must be
  673  funded from the Marine Resources Conservation Trust Fund or the
  674  Florida Coastal Protection Trust Fund. Notwithstanding s.
  675  216.181(11), funds available for these grants may only be
  676  authorized by appropriations acts of the Legislature. In a given
  677  fiscal year, if all funds appropriated pursuant to this
  678  paragraph are not requested by and granted to local governments
  679  for the removal, storage, destruction, and disposal of derelict
  680  vessels or vessels declared a public nuisance pursuant to s.
  681  327.73(1)(aa) by the end of the third quarter, the Fish and
  682  Wildlife Conservation Commission may use the remainder of the
  683  funds to remove, store, destroy, and dispose of, or to pay
  684  private contractors to remove, store, destroy, and dispose of,
  685  derelict vessels or vessels declared a public nuisance pursuant
  686  to s. 327.73(1)(aa). The commission shall adopt by rule
  687  procedures for local governments to submit a grant application
  688  and criteria for allocating available funds. Such criteria must
  689  include, at a minimum, the following:
  690         1.The number of derelict vessels within the jurisdiction
  691  of the applicant.
  692         2.The threat posed by such vessels to public health or
  693  safety, the environment, navigation, or the aesthetic condition
  694  of the general vicinity.
  695         3.The degree of commitment of the local government to
  696  maintain waters free of abandoned and derelict vessels and to
  697  seek legal action against those who abandon vessels in the
  698  waters of this state as defined in s. 327.02.
  699         (6)(5) A person, firm, or corporation violating this
  700  section commits a misdemeanor of the first degree and shall be
  701  punished as provided by law. A conviction under this section
  702  does not bar the assessment and collection of a the civil
  703  penalty provided in s. 376.16 for violation of s. 376.15. The
  704  court having jurisdiction over the criminal offense,
  705  notwithstanding any jurisdictional limitations on the amount in
  706  controversy, may order the imposition of such civil penalty in
  707  addition to any sentence imposed for the first criminal offense.
  708         (7)(6) If an owner or a responsible party of a vessel
  709  determined to be derelict through an administrative or criminal
  710  proceeding has been charged by an officer of the commission or
  711  any law enforcement agency or officer as specified in s. 327.70
  712  under subsection (5) for a violation of subsection (2) or a
  713  violation of s. 376.15(2), a person may not reside or dwell on
  714  such vessel until the vessel is removed from the waters of the
  715  state permanently or returned to the waters of the state in a
  716  condition that is no longer derelict.
  717         Section 12. Paragraph (p) of subsection (4) of section
  718  934.50, Florida Statutes, is amended to read:
  719         934.50 Searches and seizure using a drone.—
  720         (4) EXCEPTIONS.—This section does not prohibit the use of a
  721  drone:
  722         (p) By an a non-law enforcement employee of the Fish and
  723  Wildlife Conservation Commission or of the Florida Forest
  724  Service for the purposes of managing and eradicating invasive
  725  exotic plants or animals on public lands and suppressing and
  726  mitigating wildfire threats.
  727         Section 13. Section 327.04, Florida Statutes, is amended to
  728  read:
  729         327.04 Rules.—The commission may adopt rules pursuant to
  730  ss. 120.536(1) and 120.54 to implement this chapter, the
  731  provisions of chapter 705 relating to vessels, and s. ss. 376.15
  732  and 823.11 conferring powers or duties upon it.
  733         Section 14. Subsection (4) of section 328.09, Florida
  734  Statutes, is amended to read:
  735         328.09 Refusal to issue and authority to cancel a
  736  certificate of title or registration.—
  737         (4) The department may not issue a certificate of title to
  738  an applicant for a vessel that has been deemed derelict or a
  739  public nuisance by a law enforcement officer under s.
  740  327.73(1)(aa) or s. 376.15 or s. 823.11. A law enforcement
  741  officer must inform the department in writing, which may be
  742  provided by facsimile, e-mail electronic mail, or other
  743  electronic means, of the vessel’s derelict or public nuisance
  744  status and supply the department with the vessel title number or
  745  vessel identification number. The department may issue a
  746  certificate of title once a law enforcement officer has verified
  747  in writing, which may be provided by facsimile, e-mail
  748  electronic mail, or other electronic means, that the vessel is
  749  no longer a derelict or public nuisance vessel.
  750         Section 15. Section 25 of chapter 2021-184, Laws of
  751  Florida, is repealed.
  752         Section 16. Paragraph (c) of subsection (15) of section
  753  328.72, Florida Statutes, is amended to read:
  754         328.72 Classification; registration; fees and charges;
  755  surcharge; disposition of fees; fines; marine turtle stickers.—
  756         (15) DISTRIBUTION OF FEES.—Except as provided in this
  757  subsection, moneys designated for the use of the counties, as
  758  specified in subsection (1), shall be distributed by the tax
  759  collector to the board of county commissioners for use only as
  760  provided in this section. Such moneys to be returned to the
  761  counties are for the sole purposes of providing, maintaining, or
  762  operating recreational channel marking and other uniform
  763  waterway markers, public boat ramps, lifts, and hoists, marine
  764  railways, boat piers, docks, mooring buoys, and other public
  765  launching facilities; and removing derelict vessels, debris that
  766  specifically impedes boat access, not including the dredging of
  767  channels, and vessels and floating structures deemed a hazard to
  768  public safety and health for failure to comply with s. 327.53.
  769  Counties shall demonstrate through an annual detailed accounting
  770  report of vessel registration revenues that the registration
  771  fees were spent as provided in this subsection. This report
  772  shall be provided to the Fish and Wildlife Conservation
  773  Commission no later than November 1 of each year. If, before
  774  January 1 of each calendar year, the accounting report meeting
  775  the prescribed criteria has still not been provided to the
  776  commission, the tax collector of that county may not distribute
  777  the moneys designated for the use of counties, as specified in
  778  subsection (1), to the board of county commissioners but shall,
  779  for the next calendar year, remit such moneys to the state for
  780  deposit into the Marine Resources Conservation Trust Fund. The
  781  commission shall return those moneys to the county if the county
  782  fully complies with this section within that calendar year. If
  783  the county does not fully comply with this section within that
  784  calendar year, the moneys shall remain within the Marine
  785  Resources Trust Fund and may be appropriated for the purposes
  786  specified in this subsection.
  787         (c) From the vessel registration fees designated for use by
  788  the counties in subsection (1), the following amounts shall be
  789  remitted to the state for deposit into the Marine Resources
  790  Conservation Trust Fund to fund derelict vessel removal grants,
  791  as appropriated by the Legislature pursuant to s. 823.11(4)(c)
  792  s. 376.15:
  793         1. Class A-2: $0.25 for each 12-month period registered.
  794         2. Class 1: $2.06 for each 12-month period registered.
  795         3. Class 2: $9.26 for each 12-month period registered.
  796         4. Class 3: $16.45 for each 12-month period registered.
  797         5. Class 4: $20.06 for each 12-month period registered.
  798         6. Class 5: $25.46 for each 12-month period registered.
  799         Section 17. Paragraph (h) of subsection (6) of section
  800  376.11, Florida Statutes, is amended to read:
  801         376.11 Florida Coastal Protection Trust Fund.—
  802         (6) Moneys in the Florida Coastal Protection Trust Fund may
  803  be used for the following purposes:
  804         (h) The funding of a grant program to local governments,
  805  pursuant to s. 823.11(4)(c) s. 376.15(3)(d) and (e), for the
  806  removal of derelict and public nuisance vessels from the public
  807  waters of the state.
  808         Section 18. For the purpose of incorporating the amendment
  809  made by this act to section 327.371, Florida Statutes, in a
  810  reference thereto, paragraph (dd) of subsection (1) of section
  811  327.73, Florida Statutes, is reenacted to read:
  812         327.73 Noncriminal infractions.—
  813         (1) Violations of the following provisions of the vessel
  814  laws of this state are noncriminal infractions:
  815         (dd) Section 327.371, relating to the regulation of human
  816  powered vessels.
  817  
  818  Any person cited for a violation of any provision of this
  819  subsection shall be deemed to be charged with a noncriminal
  820  infraction, shall be cited for such an infraction, and shall be
  821  cited to appear before the county court. The civil penalty for
  822  any such infraction is $50, except as otherwise provided in this
  823  section. Any person who fails to appear or otherwise properly
  824  respond to a uniform boating citation shall, in addition to the
  825  charge relating to the violation of the boating laws of this
  826  state, be charged with the offense of failing to respond to such
  827  citation and, upon conviction, be guilty of a misdemeanor of the
  828  second degree, punishable as provided in s. 775.082 or s.
  829  775.083. A written warning to this effect shall be provided at
  830  the time such uniform boating citation is issued.
  831         Section 19. For the purpose of incorporating the amendment
  832  made by this act to section 379.101, Florida Statutes, in a
  833  reference thereto, subsection (4) of section 125.01, Florida
  834  Statutes, is reenacted to read:
  835         125.01 Powers and duties.—
  836         (4) The legislative and governing body of a county shall
  837  not have the power to regulate the taking or possession of
  838  saltwater fish, as defined in s. 379.101, with respect to the
  839  method of taking, size, number, season, or species. However,
  840  this subsection does not prohibit a county from prohibiting, for
  841  reasons of protecting the public health, safety, or welfare,
  842  saltwater fishing from real property owned by that county, nor
  843  does it prohibit the imposition of excise taxes by county
  844  ordinance.
  845         Section 20. For the purpose of incorporating the amendment
  846  made by this act to section 379.101, Florida Statutes, in a
  847  reference thereto, section 379.2412, Florida Statutes, is
  848  reenacted to read:
  849         379.2412 State preemption of power to regulate.—The power
  850  to regulate the taking or possession of saltwater fish, as
  851  defined in s. 379.101, is expressly reserved to the state. This
  852  section does not prohibit a local government from prohibiting,
  853  for reasons of protecting the public health, safety, or welfare,
  854  saltwater fishing from real property owned by that local
  855  government.
  856         Section 21. Except as otherwise expressly provided in this
  857  act, this act shall take effect July 1, 2022.

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