Bill Text: FL S0494 | 2022 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Fish and Wildlife Conservation Commission
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2022-06-01 - Chapter No. 2022-142 [S0494 Detail]
Download: Florida-2022-S0494-Introduced.html
Bill Title: Fish and Wildlife Conservation Commission
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2022-06-01 - Chapter No. 2022-142 [S0494 Detail]
Download: Florida-2022-S0494-Introduced.html
Florida Senate - 2022 SB 494 By Senator Hutson 7-00557-22 2022494__ 1 A bill to be entitled 2 An act relating to the Fish and Wildlife Conservation 3 Commission; amending s. 327.4107, F.S.; revising the 4 vessel conditions that an officer of the Fish and 5 Wildlife Conservation Commission or a law enforcement 6 agency may use to determine that a vessel is at risk 7 of becoming derelict; amending s. 327.45, F.S.; 8 requiring specified evidence before the commission may 9 establish certain vessel restriction rules for 10 protection zones for springs; amending s. 327.46, 11 F.S.; prohibiting municipalities and counties from 12 designating public bathing beach areas or swim areas 13 within their jurisdictions which are within the marked 14 channel portion of the Florida Intracoastal Waterway 15 or within a specified distance from any portion of the 16 marked channel; repealing s. 376.15, F.S., relating to 17 derelict vessels and the relocation and removal of 18 such vessels from the waters of this state; amending 19 s. 379.101, F.S.; revising the definitions of the 20 terms “marine fish” and “saltwater fish”; amending s. 21 705.101, F.S.; revising the definition of the term 22 “abandoned property” to include vessels declared to be 23 a public nuisance; amending s. 705.103, F.S.; 24 clarifying the notice requirements and procedures for 25 vessels declared to be public nuisances; amending s. 26 823.11, F.S.; making technical changes; authorizing 27 the commission to establish a program to provide 28 grants to local governments for certain actions 29 regarding derelict vessels and those declared to be a 30 public nuisance; specifying sources for the funds to 31 be used, subject to an appropriation; authorizing the 32 commission to use funds not awarded as grants for 33 certain purposes; requiring the commission to adopt 34 rules for the grant applications and the criteria for 35 allocating the funds; amending s. 934.50, F.S.; 36 providing that all employees of the commission or the 37 Florida Forest Service may operate drones for 38 specified purposes; amending ss. 327.04, 328.09, 39 328.72, and 376.11, F.S.; conforming provisions to 40 changes made by the act; repealing s. 25, chapter 41 2021-184, Laws of Florida, relating to derelict 42 vessels; reenacting ss. 125.01(4) and 379.2412, F.S., 43 relating to powers and duties of legislative and 44 governing bodies of counties and state preemption of 45 the regulating of taking or possessing saltwater fish, 46 respectively, to incorporate the amendment made to s. 47 379.101(34), F.S., in a reference thereto; providing 48 effective dates. 49 50 Be It Enacted by the Legislature of the State of Florida: 51 52 Section 1. Paragraph (f) is added to subsection (2) of 53 section 327.4107, Florida Statutes, to read: 54 327.4107 Vessels at risk of becoming derelict on waters of 55 this state.— 56 (2) An officer of the commission or of a law enforcement 57 agency specified in s. 327.70 may determine that a vessel is at 58 risk of becoming derelict if any of the following conditions 59 exist: 60 (f) The vessel is tied to an unlawful or unpermitted 61 mooring or other structure. 62 Section 2. Subsection (2) of section 327.45, Florida 63 Statutes, is amended to read: 64 327.45 Protection zones for springs.— 65 (2) When substantial, competent evidence shows that 66 demonstrable harm has been caused by vessel activity, the 67 commission may establish by rule protection zones that restrict 68 the speed and operation of vessels, or that prohibit the 69 anchoring, mooring, beaching, or grounding of vessels, to 70 protect and prevent harm to first, second, and third magnitude 71 springs and springs groups, including their associated spring 72 runs, as determined by the commission using the most recent 73 Florida Geological Survey springs bulletin. This harm includes 74 negative impacts to water quality, water quantity, hydrology, 75 wetlands, and aquatic and wetland-dependent species. 76 Section 3. Paragraph (b) of subsection (1) of section 77 327.46, Florida Statutes, is amended to read: 78 327.46 Boating-restricted areas.— 79 (1) Boating-restricted areas, including, but not limited 80 to, restrictions of vessel speeds and vessel traffic, may be 81 established on the waters of this state for any purpose 82 necessary to protect the safety of the public if such 83 restrictions are necessary based on boating accidents, 84 visibility, hazardous currents or water levels, vessel traffic 85 congestion, or other navigational hazards or to protect 86 seagrasses on privately owned submerged lands. 87 (b) Municipalities and counties may establish the following 88 boating-restricted areas by ordinance, including, 89 notwithstanding the prohibition in s. 327.60(2)(c), within the 90 portion of the Florida Intracoastal Waterway within their 91 jurisdiction: 92 1. An ordinance establishing an idle speed, no wake 93 boating-restricted area, if the area is: 94 a. Within 500 feet of any boat ramp, hoist, marine railway, 95 or other launching or landing facility available for use by the 96 general boating public on waterways more than 300 feet in width 97 or within 300 feet of any boat ramp, hoist, marine railway, or 98 other launching or landing facility available for use by the 99 general boating public on waterways not exceeding 300 feet in 100 width. 101 b. Within 500 feet of fuel pumps or dispensers at any 102 marine fueling facility that sells motor fuel to the general 103 boating public on waterways more than 300 feet in width or 104 within 300 feet of the fuel pumps or dispensers at any licensed 105 terminal facility that sells motor fuel to the general boating 106 public on waterways not exceeding 300 feet in width. 107 c. Inside or within 300 feet of any lock structure. 108 2. An ordinance establishing a slow speed, minimum wake 109 boating-restricted area if the area is: 110 a. Within 300 feet of any bridge fender system. 111 b. Within 300 feet of any bridge span presenting a vertical 112 clearance of less than 25 feet or a horizontal clearance of less 113 than 100 feet. 114 c. On a creek, stream, canal, or similar linear waterway if 115 the waterway is less than 75 feet in width from shoreline to 116 shoreline. 117 d. On a lake or pond of less than 10 acres in total surface 118 area. 119 e. Within the boundaries of a permitted public mooring 120 field and a buffer around the mooring field of up to 100 feet. 121 3. An ordinance establishing a vessel-exclusion zone if the 122 area is: 123 a. Designated as a public bathing beach or swim area, 124 except that public bathing beaches or swim areas may not be 125 established in whole or in part within the marked channel of the 126 Florida Intracoastal Waterway or within 100 feet of any portion 127 of the marked channel. 128 b. Within 300 feet of a dam, spillway, or flood control 129 structure. 130 131 Vessel exclusion zones created pursuant to this subparagraph 132 must be marked with uniform waterway markers permitted by the 133 commission in accordance with this chapter. Such zones may not 134 be marked by ropes. 135 Section 4. Section 376.15, Florida Statutes, is repealed. 136 Section 5. Subsections (22) and (34) of section 379.101, 137 Florida Statutes, are amended to read: 138 379.101 Definitions.—In construing these statutes, where 139 the context does not clearly indicate otherwise, the word, 140 phrase, or term: 141 (22) “Marine fish” means any saltwater species of finfish 142 of the classes Agnatha, Chondrichthyes, and Osteichthyes,and 143 marine invertebrates ofinthe classes Gastropoda and,Bivalvia, 144 the subphylumandCrustacea, or the phylum Echinodermata; 145 however, the termbutdoes not include nonliving shells or 146 echinoderms. 147 (34) “Saltwater fish” means: 148 (a) Any saltwater species of finfish of the classes 149 Agnatha, Chondrichthyes, or Osteichthyes and marine 150 invertebrates of the classes Gastropoda and,Bivalvia, the 151 subphylumorCrustacea, orofthe phylum Echinodermata; however, 152 the termbutdoes not include nonliving shells or echinoderms; 153 and 154 (b) All classes of pisces, shellfish, sponges, and 155 crustaceanscrustaceanative to salt water. 156 Section 6. Subsection (3) of section 705.101, Florida 157 Statutes, is amended to read: 158 705.101 Definitions.—As used in this chapter: 159 (3) “Abandoned property” means all tangible personal 160 property that does not have an identifiable owner and that has 161 been disposed on public property in a wrecked, inoperative, or 162 partially dismantled condition or has no apparent intrinsic 163 value to the rightful owner. The term includes derelict vessels 164 as defined in s. 823.11 and vessels declared a public nuisance 165 pursuant to s. 327.73(1)(aa). 166 Section 7. Paragraph (a) of subsection (2) and subsection 167 (4) of section 705.103, Florida Statutes, are amended to read: 168 705.103 Procedure for abandoned or lost property.— 169 (2)(a)1. Whenever a law enforcement officer ascertains 170 that: 171 a. An article of lost or abandoned property other than a 172 derelict vessel or a vessel declared a public nuisance pursuant 173 to s. 327.73(1)(aa) is present on public property and is of such 174 nature that it cannot be easily removed, the officer shall cause 175 a notice to be placed upon such article in substantially the 176 following form: 177 178 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 179 PROPERTY. This property, to wit: ...(setting forth brief 180 description)... is unlawfully upon public property known as 181 ...(setting forth brief description of location)... and must be 182 removed within 5 days; otherwise, it will be removed and 183 disposed of pursuant to chapter 705, Florida Statutes. The owner 184 will be liable for the costs of removal, storage, and 185 publication of notice. Dated this: ...(setting forth the date of 186 posting of notice)..., signed: ...(setting forth name, title, 187 address, and telephone number of law enforcement officer).... 188 189 b. A derelict vessel or a vessel declared a public nuisance 190 pursuant to s. 327.73(1)(aa) is present on the waters of this 191 state, the officer shall cause a notice to be placed upon such 192 vessel in substantially the following form: 193 194 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 195 VESSEL. This vessel, to wit: ...(setting forth brief 196 description)... has been determined to be ...(derelict or a 197 public nuisance)... and is unlawfully upon waters of this state 198 ...(setting forth brief description of location)... and must be 199 removed within 21 days; otherwise, it will be removed and 200 disposed of pursuant to chapter 705, Florida Statutes. The owner 201 and other interested parties have the right to a hearing to 202 challenge the determination that this vessel is derelict or 203 otherwise in violation of the law. Please contact ...(contact 204 information for person who can arrange for a hearing in 205 accordance with this section).... The owner or the party 206 determined to be legally responsible for the vessel being upon 207 the waters of this state in a derelict condition or as a public 208 nuisance will be liable for the costs of removal, destruction, 209 and disposal if this vessel is not removed by the owner. Dated 210 this: ...(setting forth the date of posting of notice)..., 211 signed: ...(setting forth name, title, address, and telephone 212 number of law enforcement officer).... 213 214 2. The notices required under subparagraph 1. may not be 215 less than 8 inches by 10 inches and mustshallbe sufficiently 216 weatherproof to withstand normal exposure to the elements. In 217 addition to posting, the law enforcement officer shall make a 218 reasonable effort to ascertain the name and address of the 219 owner. If such is reasonably available to the officer, she or he 220 shall mail a copy of such notice to the owner on or before the 221 date of posting. If the property is a motor vehicle as defined 222 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 223 enforcement agency shall contact the Department of Highway 224 Safety and Motor Vehicles in order to determine the name and 225 address of the owner and any person who has filed a lien on the 226 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 227 328.15(1). On receipt of this information, the law enforcement 228 agency shall mail a copy of the notice by certified mail, return 229 receipt requested, to the owner and to the lienholder, if any, 230 except that a law enforcement officer who has issued a citation 231 for a violation ofs. 376.15 ors. 823.11 to the owner of a 232 derelict vessel is not required to mail a copy of the notice by 233 certified mail, return receipt requested, to the owner. For a 234 derelict vessel or a vessel declared a public nuisance pursuant 235 to s. 327.73(1)(aa), the mailed notice must inform the owner or 236 responsible party that he or she has a right to a hearing to 237 dispute the determination that the vessel is derelict or 238 otherwise in violation of the law. If a request for a hearing is 239 made, a state agency shall follow the processes set forth in s. 240 120.569. Local governmental entities shall follow the processes 241 set forth in s. 120.569, except that a local judge, magistrate, 242 or code enforcement officer may be designated to conduct such a 243 hearing. If, at the end of 5 days after posting the notice in 244 sub-subparagraph 1.a., or at the end of 21 days after posting 245 the notice in sub-subparagraph 1.b., and mailing such notice, if 246 required, the owner or any person interested in the lost or 247 abandoned article or articles described has not removed the 248 article or articles from public property or shown reasonable 249 cause for failure to do so, and, in the case of a derelict 250 vessel or a vessel declared a public nuisance pursuant to s. 251 327.73(1)(aa), has not requested a hearing in accordance with 252 this section, the following shall apply: 253 a. For abandoned property other than a derelict vessel or a 254 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 255 the law enforcement agency may retain any or all of the property 256 for its own use or for use by the state or unit of local 257 government, trade such property to another unit of local 258 government or state agency, donate the property to a charitable 259 organization, sell the property, or notify the appropriate 260 refuse removal service. 261 b. For a derelict vessel or a vessel declared a public 262 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 263 agency or its designee may: 264 (I) Remove the vessel from the waters of this state and 265 destroy and dispose of the vessel or authorize another 266 governmental entity or its designee to do so; or 267 (II) Authorize the vessel’s use as an artificial reef in 268 accordance with s. 379.249 if all necessary federal, state, and 269 local authorizations are received. 270 271 A law enforcement agency or its designee may also take action as 272 described in this sub-subparagraph if, following a hearing 273 pursuant to this section, the judge, magistrate, administrative 274 law judge, or hearing officer has determined the vessel to be 275 derelict as provided in s. 823.11 or otherwise in violation of 276 the law in accordance with s. 327.73(1)(aa) and a final order 277 has been entered or the case is otherwise closed. 278 (4) The owner of any abandoned or lost property, or in the 279 case of a derelict vessel or a vessel declared a public nuisance 280 pursuant to s. 327.73(1)(aa), the owner or other party 281 determined to be legally responsible for the vessel being upon 282 the waters of this state in a derelict condition or as a public 283 nuisance, who, after notice as provided in this section, does 284 not remove such property within the specified period isshall be285 liable to the law enforcement agency, other governmental entity, 286 or the agency’s or entity’s designee for all costs of removal, 287 storage,anddestruction, and disposal of such property, less 288 any salvage value obtained by disposal of the property. Upon 289 final disposition of the property, the law enforcement officer 290 or representative of the law enforcement agency or other 291 governmental entity shall notify the owner or in the case of a 292 derelict vessel or vessel declared a public nuisance pursuant to 293 s. 327.73(1)(aa), the owner or other party determined to be 294 legally responsible, if known, of the amount owed. In the case 295 of an abandoned vessel or motor vehicle, any person who neglects 296 or refuses to pay such amount is not entitled to be issued a 297 certificate of registration for such vessel or motor vehicle, or 298 any other vessel or motor vehicle, until such costs have been 299 paid. A person who has neglected or refused to pay all costs of 300 removal, storage, disposal, and destruction of a vessel or motor 301 vehicle as provided in this section, after having been provided 302 written notice via certified mail that such costs are owed, and 303 who applies for and is issued a registration for a vessel or 304 motor vehicle before such costs have been paid in full commits a 305 misdemeanor of the first degree, punishable as provided in s. 306 775.082 or s. 775.083. The law enforcement officer or 307 representative of the law enforcement agency or other 308 governmental entity shall supply the Department of Highway 309 Safety and Motor Vehicles with a list of persons whose vessel 310 registration privileges and motor vehicle privileges have been 311 revoked under this subsection. The department or a person acting 312 as an agent of the department may not issue a certificate of 313 registration to a person whose vessel and motor vehicle 314 registration privileges have been revoked, as provided by this 315 subsection, until such costs have been paid. 316 Section 8. Effective July 1, 2023, paragraph (a) of 317 subsection (2) of section 705.103, Florida Statutes, as amended 318 by chapters 2019-76 and 2021-184, Laws of Florida, is amended to 319 read: 320 705.103 Procedure for abandoned or lost property.— 321 (2)(a)1. Whenever a law enforcement officer ascertains 322 that: 323 a. An article of lost or abandoned property other than a 324 derelict vessel or a vessel declared a public nuisance pursuant 325 to s. 327.73(1)(aa) is present on public property and is of such 326 nature that it cannot be easily removed, the officer shall cause 327 a notice to be placed upon such article in substantially the 328 following form: 329 330 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 331 PROPERTY. This property, to wit: ...(setting forth brief 332 description)... is unlawfully upon public property known as 333 ...(setting forth brief description of location)... and must be 334 removed within 5 days; otherwise, it will be removed and 335 disposed of pursuant to chapter 705, Florida Statutes. The owner 336 will be liable for the costs of removal, storage, and 337 publication of notice. Dated this: ...(setting forth the date of 338 posting of notice)..., signed: ...(setting forth name, title, 339 address, and telephone number of law enforcement officer).... 340 341 b. A derelict vessel or a vessel declared a public nuisance 342 pursuant to s. 327.73(1)(aa) is present on the waters of this 343 state, the officer shall cause a notice to be placed upon such 344 vessel in substantially the following form: 345 346 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 347 VESSEL. This vessel, to wit: ...(setting forth brief description 348 of location)... has been determined to be ...(derelict or a 349 public nuisance)... and is unlawfully upon the waters of this 350 state ...(setting forth brief description of location)... and 351 must be removed within 21 days; otherwise, it will be removed 352 and disposed of pursuant to chapter 705, Florida Statutes. The 353 owner and other interested parties have the right to a hearing 354 to challenge the determination that this vessel is derelict or 355 otherwise in violation of the law. Please contact ...(contact 356 information for person who can arrange for a hearing in 357 accordance with this section)... The owner or the party 358 determined to be legally responsible for the vessel being upon 359 the waters of this state in a derelict condition or as a public 360 nuisance will be liable for the costs of removal, destruction, 361 and disposal if this vessel is not removed by the owner. Dated 362 this: ...(setting forth the date of posting of notice)..., 363 signed: ...(setting forth name, title, address, and telephone 364 number of law enforcement officer).... 365 366 2. The notices required under subparagraph 1. may not be 367 less than 8 inches by 10 inches and mustshallbe sufficiently 368 weatherproof to withstand normal exposure to the elements. In 369 addition to posting, the law enforcement officer shall make a 370 reasonable effort to ascertain the name and address of the 371 owner. If such is reasonably available to the officer, she or he 372 shall mail a copy of such notice to the owner on or before the 373 date of posting. If the property is a motor vehicle as defined 374 in s. 320.01(1) or a vessel as defined in s. 327.02, the law 375 enforcement agency shall contact the Department of Highway 376 Safety and Motor Vehicles in order to determine the name and 377 address of the owner and any person who has filed a lien on the 378 vehicle or vessel as provided in s. 319.27(2) or (3) or s. 379 328.15. On receipt of this information, the law enforcement 380 agency shall mail a copy of the notice by certified mail, return 381 receipt requested, to the owner and to the lienholder, if any, 382 except that a law enforcement officer who has issued a citation 383 for a violation ofs. 376.15 ors. 823.11 to the owner of a 384 derelict vessel is not required to mail a copy of the notice by 385 certified mail, return receipt requested, to the owner. For a 386 derelict vessel or a vessel declared a public nuisance pursuant 387 to s. 327.73(1)(aa), the mailed notice must inform the owner or 388 responsible party that he or she has a right to a hearing to 389 dispute the determination that the vessel is derelict or 390 otherwise in violation of the law. If a request for a hearing is 391 made, a state agency shall follow the processes as set forth in 392 s. 120.569. Local governmental entities shall follow the 393 processes set forth in s. 120.569, except that a local judge, 394 magistrate, or code enforcement officer may be designated to 395 conduct such a hearing. If, at the end of 5 days after posting 396 the notice in sub-subparagraph 1.a., or at the end of 21 days 397 after posting the notice in sub-subparagraph 1.b., and mailing 398 such notice, if required, the owner or any person interested in 399 the lost or abandoned article or articles described has not 400 removed the article or articles from public property or shown 401 reasonable cause for failure to do so, and, in the case of a 402 derelict vessel or a vessel declared a public nuisance pursuant 403 to s. 327.73(1)(aa), has not requested a hearing in accordance 404 with this section, the following shall apply: 405 a. For abandoned property other than a derelict vessel or a 406 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 407 the law enforcement agency may retain any or all of the property 408 for its own use or for use by the state or unit of local 409 government, trade such property to another unit of local 410 government or state agency, donate the property to a charitable 411 organization, sell the property, or notify the appropriate 412 refuse removal service. 413 b. For a derelict vessel or a vessel declared a public 414 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 415 agency or its designee may: 416 (I) Remove the vessel from the waters of this state and 417 destroy and dispose of the vessel or authorize another 418 governmental entity or its designee to do so; or 419 (II) Authorize the vessel’s use as an artificial reef in 420 accordance with s. 379.249 if all necessary federal, state, and 421 local authorizations are received. 422 423 A law enforcement agency or its designee may also take action as 424 described in this sub-subparagraph if, following a hearing 425 pursuant to this section, the judge, magistrate, administrative 426 law judge, or hearing officer has determined the vessel to be 427 derelict as provided in s. 823.11 or otherwise in violation of 428 the law in accordance with s. 327.73(1)(aa) and a final order 429 has been entered or the case is otherwise closed. 430 Section 9. Present subsections (4), (5), and (6) of section 431 823.11, Florida Statutes, are redesignated as subsections (5), 432 (6), and (7), respectively, a new subsection (4) is added to 433 that section, and subsection (1), paragraph (c) of subsection 434 (2), subsection (3), and present subsections (5) and (6) of that 435 section are amended, to read: 436 823.11 Derelict vessels; relocation or removal; penalty.— 437 (1) As used in this sectionand s. 376.15, the term: 438 (a) “Commission” means the Fish and Wildlife Conservation 439 Commission. 440 (b) “Derelict vessel” means a vessel, as defined in s. 441 327.02, that is: 442 1. In a wrecked, junked, or substantially dismantled 443 condition upon any waters of this state. 444 a. A vessel is wrecked if it is sunken or sinking; aground 445 without the ability to extricate itself absent mechanical 446 assistance; or remaining after a marine casualty, including, but 447 not limited to, a boating accident, extreme weather, or a fire. 448 b. A vessel is junked if it has been substantially stripped 449 of vessel components, if vessel components have substantially 450 degraded or been destroyed, or if the vessel has been discarded 451 by the owner or operator. Attaching an outboard motor to a 452 vessel that is otherwise junked will not cause the vessel to no 453 longer be junked if such motor is not an effective means of 454 propulsion as required by s. 327.4107(2)(e) and associated 455 rules. 456 c. A vessel is substantially dismantled if at least two of 457 the three following vessel systems or components are missing, 458 compromised, incomplete, inoperable, or broken: 459 (I) The steering system; 460 (II) The propulsion system; or 461 (III) The exterior hull integrity. 462 463 Attaching an outboard motor to a vessel that is otherwise 464 substantially dismantled will not cause the vessel to no longer 465 be substantially dismantled if such motor is not an effective 466 means of propulsion as required by s. 327.4107(2)(e) and 467 associated rules. 468 2. At a port in this state without the consent of the 469 agency having jurisdiction thereof. 470 3. Docked, grounded, or beached upon the property of 471 another without the consent of the owner of the property. 472 (c) “Gross negligence” means conduct so reckless or wanting 473 in care that it constitutes a conscious disregard or 474 indifference to the safety of the property exposed to such 475 conduct. 476 (d) “Willful misconduct” means conduct evidencing 477 carelessness or negligence of such a degree or recurrence as to 478 manifest culpability, wrongful intent, or evil design or to show 479 an intentional and substantial disregard of the interests of the 480 vessel owner. 481 (2) 482 (c) The additional time provided in subparagraph (b)2. for 483 an owner or responsible party to remove a derelict vessel from 484 the waters of this state or to repair and remedy the vessel’s 485 derelict conditionThis subsectiondoes not apply to a vessel 486 that was derelict upon the waters of this state before the 487 stated accident or event. 488 (3) The commission, an officer of the commission, or a law 489 enforcement agency or officer specified in s. 327.70 may 490 relocate, remove, and store, destroy, or dispose ofor cause to 491 be relocated, removed, and stored, destroyed, or disposedofa 492 derelict vessel from waters of this state as defined in s. 493 327.02 if the derelict vessel obstructs or threatens to obstruct 494 navigation or in any way constitutes a danger to the 495 environment, property, or persons. The commission, an officer of 496 the commission, or any other law enforcement agency or officer 497 acting pursuant to this subsection to relocate, remove, and 498 store, destroy, dispose ofor cause to be relocated, removed, 499 and stored, destroyed, or disposedofa derelict vessel from 500 waters of this state shall be held harmless for all damages to 501 the derelict vessel resulting from such action unless the damage 502 results from gross negligence or willful misconduct. 503 (a)Removal of derelict vessels under this subsection may504be funded by grants provided in ss. 206.606 and 376.15. The505commission shall implement a plan for the procurement of any506available federal disaster funds and use such funds for the507removal of derelict vessels.508(b)All costs, including costs owed to a third party, 509 incurred by the commission, another law enforcement agency, or a 510 governmental subdivision, when the governmental subdivision has 511 received authorization from a law enforcement officer or agency, 512 in the relocation, removal, storage, destruction, or disposal of 513 a derelict vessel are recoverable against the vessel owner or 514 the party determined to be legally responsible for the vessel 515 being upon the waters of this state in a derelict condition. The 516 Department of Legal Affairs shall represent the commission in 517 actions to recover such costs. As provided in s. 705.103(4), a 518 person who neglects or refuses to pay such costs may not be 519 issued a certificate of registration for such vessel or for any 520 other vessel or motor vehicle until such costs have been paid. A 521 person who has neglected or refused to pay all costs of removal, 522 storage, destruction, or disposal of a derelict vessel as 523 provided in this section, after having been provided written 524 notice via certified mail that such costs are owed, and who 525 applies for and is issued a registration for a vessel or motor 526 vehicle before such costs have been paid in full commits a 527 misdemeanor of the first degree, punishable as provided in s. 528 775.082 or s. 775.083. 529 (b)(c)A contractor performing such activities at the 530 direction of the commission, an officer of the commission, a law 531 enforcement agency or officer, or a governmental subdivision, 532 when the governmental subdivision has received authorization for 533 the relocation or removal from a law enforcement officer or 534 agency, pursuant to this section must be licensed in accordance 535 with applicable United States Coast Guard regulations where 536 required; obtain and carry in full force and effect a policy 537 from a licensed insurance carrier in this state to insure 538 against any accident, loss, injury, property damage, or other 539 casualty caused by or resulting from the contractor’s actions; 540 and be properly equipped to perform the services to be provided. 541 (4)(a) Removal of derelict vessels under this subsection 542 may be funded by grants provided in s. 206.606. 543 (b) The commission may implement a plan for the procurement 544 of any available federal disaster funds and use such funds for 545 the removal of derelict vessels. 546 (c) The commission may establish a program to provide 547 grants to local governments for the removal, storage, 548 destruction, and disposal of derelict vessels from the waters of 549 this state. This grant funding may also be used for the removal, 550 storage, destruction, and disposal of vessels declared a public 551 nuisance pursuant to s. 327.73(1)(aa). The program must be 552 funded from the Marine Resources Conservation Trust Fund or the 553 Florida Coastal Protection Trust Fund. Notwithstanding s. 554 216.181(11), funds available for these grants may only be 555 authorized by appropriations acts of the Legislature. In a given 556 fiscal year, if all funds appropriated pursuant to this 557 paragraph are not requested by and granted to local governments 558 for the removal, storage, destruction, and disposal of derelict 559 vessels or vessels declared a public nuisance pursuant to s. 560 327.73(1)(aa) by the end of the third quarter, the Fish and 561 Wildlife Conservation Commission may use the remainder of the 562 funds to remove, store, destroy, and dispose of, or to pay 563 private contractors to remove, store, destroy, and dispose of, 564 derelict vessels or vessels declared a public nuisance pursuant 565 to s. 327.73(1)(aa). The commission shall adopt by rule 566 procedures for local governments to submit a grant application 567 and criteria for allocating available funds. Such criteria must 568 include, at a minimum, the following: 569 1. The number of derelict vessels within the jurisdiction 570 of the applicant. 571 2. The threat posed by such vessels to public health or 572 safety, the environment, navigation, or the aesthetic condition 573 of the general vicinity. 574 3. The degree of commitment of the local government to 575 maintain waters free of abandoned and derelict vessels and to 576 seek legal action against those who abandon vessels in the 577 waters of this state as defined in s. 327.02. 578 (6)(5)A person, firm, or corporation violating this 579 section commits a misdemeanor of the first degree and shall be 580 punished as provided by law. A conviction under this section 581 does not bar the assessment and collection of athecivil 582 penaltyprovided in s. 376.16 for violation of s. 376.15. The 583 court having jurisdiction over the criminal offense, 584 notwithstanding any jurisdictional limitations on the amount in 585 controversy, may order the imposition of such civil penalty in 586 addition to any sentence imposed for the first criminal offense. 587 (7)(6)If an owner or a responsible party of a vessel 588 determined to be derelict through an administrative or criminal 589 proceeding has been charged by an officer of the commission or 590 any law enforcement agency or officer as specified in s. 327.70 591 under subsection (5) for a violation of subsection (2)or a592violation of s. 376.15(2), a person may not reside or dwell on 593 such vessel until the vessel is removed from the waters of the 594 state permanently or returned to the waters of the state in a 595 condition that is no longer derelict. 596 Section 10. Paragraph (p) of subsection (4) of section 597 934.50, Florida Statutes, is amended to read: 598 934.50 Searches and seizure using a drone.— 599 (4) EXCEPTIONS.—This section does not prohibit the use of a 600 drone: 601 (p) By ana non-law enforcementemployee of the Fish and 602 Wildlife Conservation Commission or of the Florida Forest 603 Service for the purposes of managing and eradicating invasive 604 exotic plants or animals on public lands and suppressing and 605 mitigating wildfire threats. 606 Section 11. Section 327.04, Florida Statutes, is amended to 607 read: 608 327.04 Rules.—The commission may adopt rules pursuant to 609 ss. 120.536(1) and 120.54 to implement this chapter, the 610 provisions of chapter 705 relating to vessels, and s.ss. 376.15611and823.11 conferring powers or duties upon it. 612 Section 12. Subsection (4) of section 328.09, Florida 613 Statutes, is amended to read: 614 328.09 Refusal to issue and authority to cancel a 615 certificate of title or registration.— 616 (4) The department may not issue a certificate of title to 617 an applicant for a vessel that has been deemed derelict by a law 618 enforcement officer unders. 376.15 ors. 823.11. A law 619 enforcement officer must inform the department in writing, which 620 may be provided by facsimile, electronic mail, or other 621 electronic means, of the vessel’s derelict status and supply the 622 department with the vessel title number or vessel identification 623 number. The department may issue a certificate of title once a 624 law enforcement officer has verified in writing, which may be 625 provided by facsimile, electronic mail, or other electronic 626 means, that the vessel is no longer a derelict vessel. 627 Section 13. Section 25 of chapter 2021-184, Laws of 628 Florida, is repealed. 629 Section 14. Paragraph (c) of subsection (15) of section 630 328.72, Florida Statutes, is amended to read: 631 328.72 Classification; registration; fees and charges; 632 surcharge; disposition of fees; fines; marine turtle stickers.— 633 (15) DISTRIBUTION OF FEES.—Except as provided in this 634 subsection, moneys designated for the use of the counties, as 635 specified in subsection (1), shall be distributed by the tax 636 collector to the board of county commissioners for use only as 637 provided in this section. Such moneys to be returned to the 638 counties are for the sole purposes of providing, maintaining, or 639 operating recreational channel marking and other uniform 640 waterway markers, public boat ramps, lifts, and hoists, marine 641 railways, boat piers, docks, mooring buoys, and other public 642 launching facilities; and removing derelict vessels, debris that 643 specifically impedes boat access, not including the dredging of 644 channels, and vessels and floating structures deemed a hazard to 645 public safety and health for failure to comply with s. 327.53. 646 Counties shall demonstrate through an annual detailed accounting 647 report of vessel registration revenues that the registration 648 fees were spent as provided in this subsection. This report 649 shall be provided to the Fish and Wildlife Conservation 650 Commission no later than November 1 of each year. If, before 651 January 1 of each calendar year, the accounting report meeting 652 the prescribed criteria has still not been provided to the 653 commission, the tax collector of that county may not distribute 654 the moneys designated for the use of counties, as specified in 655 subsection (1), to the board of county commissioners but shall, 656 for the next calendar year, remit such moneys to the state for 657 deposit into the Marine Resources Conservation Trust Fund. The 658 commission shall return those moneys to the county if the county 659 fully complies with this section within that calendar year. If 660 the county does not fully comply with this section within that 661 calendar year, the moneys shall remain within the Marine 662 Resources Trust Fund and may be appropriated for the purposes 663 specified in this subsection. 664 (c) From the vessel registration fees designated for use by 665 the counties in subsection (1), the following amounts shall be 666 remitted to the state for deposit into the Marine Resources 667 Conservation Trust Fund to fund derelict vessel removal grants, 668 as appropriated by the Legislature pursuant to s. 823.11(4)(c) 669s. 376.15: 670 1. Class A-2: $0.25 for each 12-month period registered. 671 2. Class 1: $2.06 for each 12-month period registered. 672 3. Class 2: $9.26 for each 12-month period registered. 673 4. Class 3: $16.45 for each 12-month period registered. 674 5. Class 4: $20.06 for each 12-month period registered. 675 6. Class 5: $25.46 for each 12-month period registered. 676 Section 15. Paragraph (h) of subsection (6) of section 677 376.11, Florida Statutes, is amended to read: 678 376.11 Florida Coastal Protection Trust Fund.— 679 (6) Moneys in the Florida Coastal Protection Trust Fund may 680 be used for the following purposes: 681 (h) The funding of a grant program to local governments, 682 pursuant to s. 823.11(4)(c)s. 376.15(3)(d) and (e), for the 683 removal of derelict vessels from the public waters of the state. 684 Section 16. For the purpose of incorporating the amendment 685 made by this act to section 379.101, Florida Statutes, in a 686 reference thereto, subsection (4) of section 125.01, Florida 687 Statutes, is reenacted to read: 688 125.01 Powers and duties.— 689 (4) The legislative and governing body of a county shall 690 not have the power to regulate the taking or possession of 691 saltwater fish, as defined in s. 379.101, with respect to the 692 method of taking, size, number, season, or species. However, 693 this subsection does not prohibit a county from prohibiting, for 694 reasons of protecting the public health, safety, or welfare, 695 saltwater fishing from real property owned by that county, nor 696 does it prohibit the imposition of excise taxes by county 697 ordinance. 698 Section 17. For the purpose of incorporating the amendment 699 made by this act to section 379.101, Florida Statutes, in a 700 reference thereto, section 379.2412, Florida Statutes, is 701 reenacted to read: 702 379.2412 State preemption of power to regulate.—The power 703 to regulate the taking or possession of saltwater fish, as 704 defined in s. 379.101, is expressly reserved to the state. This 705 section does not prohibit a local government from prohibiting, 706 for reasons of protecting the public health, safety, or welfare, 707 saltwater fishing from real property owned by that local 708 government. 709 Section 18. Except as otherwise expressly provided in this 710 act, this act shall take effect July 1, 2022.