Bill Text: FL S1086 | 2021 | Regular Session | Enrolled


Bill Title: Operation and Safety of Motor Vehicles and Vessels

Spectrum: Slight Partisan Bill (? 2-1)

Status: (Enrolled) 2021-06-16 - Signed by Officers and presented to Governor [S1086 Detail]

Download: Florida-2021-S1086-Enrolled.html
       ENROLLED
       2021 Legislature            CS for CS for SB 1086, 1st Engrossed
       
       
       
       
       
       
                                                             20211086er
    1  
    2         An act relating to operation and safety of motor
    3         vehicles and vessels; amending ss. 316.1932 and
    4         316.1939, F.S.; revising conditions under which a
    5         person’s driving privilege is suspended and under
    6         which the person commits a misdemeanor relating to
    7         tests for alcohol, chemical substances, or controlled
    8         substances; specifying that such misdemeanor is a
    9         misdemeanor of the first degree; amending s. 327.02,
   10         F.S.; defining the term “human-powered vessel”;
   11         revising the definition of the term “navigation
   12         rules”; amending s. 327.04, F.S.; providing additional
   13         rulemaking authority to the Fish and Wildlife
   14         Conservation Commission; creating s. 327.462, F.S.;
   15         defining terms; authorizing heads of certain entities
   16         to establish temporary protection zones in certain
   17         water bodies for certain purposes; providing
   18         protection zone requirements; prohibiting the
   19         restriction of vessel movement within the Florida
   20         Intracoastal Waterway except under certain
   21         circumstances; requiring the heads of certain entities
   22         to report the establishment of such protection zones
   23         to the commission and to the appropriate United States
   24         Coast Guard Sector Command; providing requirements for
   25         the report; providing applicability; providing
   26         criminal penalties; amending s. 327.352, F.S.;
   27         revising conditions under which a person commits a
   28         misdemeanor of the first degree for refusing to submit
   29         to certain tests; amending s. 327.35215, F.S.;
   30         requiring the clerk of the court to notify the
   31         Department of Highway Safety and Motor Vehicles of
   32         certain final dispositions by electronic transmission;
   33         requiring the department to enter such disposition on
   34         a person’s driving record; amending s. 327.359, F.S.;
   35         revising conditions under which a person commits a
   36         misdemeanor of the first degree for refusing to submit
   37         to certain tests; creating s. 327.371, F.S.; providing
   38         circumstances under which a person may operate a
   39         human-powered vessel within the boundaries of the
   40         marked channel of the Florida Intracoastal Waterway;
   41         providing a penalty; amending s. 327.391, F.S.;
   42         conforming cross-references; amending s. 327.395,
   43         F.S.; revising the types of documentation that a
   44         person may use to comply with certain boating safety
   45         requirements; removing the authority of the commission
   46         to appoint certain entities to administer a boating
   47         safety education course or temporary certificate
   48         examination and issue certain credentials; exempting
   49         certain persons from the requirement to possess
   50         certain documents aboard a vessel; removing the
   51         specified service fee amount that certain entities
   52         that issue boating safety identification cards and
   53         temporary certificates may charge and keep; amending
   54         s. 327.4107, F.S.; revising the conditions under which
   55         officers may determine a vessel is at risk of becoming
   56         derelict; authorizing certain officers to provide
   57         notice that a vessel is at risk of becoming derelict
   58         via body camera recordings; authorizing the commission
   59         or certain officers to relocate at-risk vessels to a
   60         certain distance from mangroves or vegetation;
   61         providing that the commission or officers are not
   62         liable for damages to such vessels; providing an
   63         exception; authorizing the commission to establish a
   64         derelict vessel prevention program consisting of
   65         certain components; authorizing the commission to
   66         adopt rules; providing that such program is subject to
   67         appropriation by the Legislature; providing for
   68         funding; amending s. 327.4108, F.S.; designating
   69         Monroe County as an anchoring limitation area subject
   70         to certain requirements; requiring the commission to
   71         adopt rules; providing construction; requiring the
   72         commission to designate a specified area as a priority
   73         for the removal of derelict vessels until certain
   74         conditions are met; deleting obsolete language;
   75         amending s. 327.4109, F.S.; prohibiting the anchoring
   76         or mooring of a vessel or floating structure within a
   77         certain distance of certain facilities; providing
   78         exceptions; amending s. 327.45, F.S.; authorizing the
   79         commission to establish protection zones where certain
   80         activities are prohibited in or near springs; amending
   81         s. 327.46, F.S.; authorizing a county or municipality
   82         to establish a boating-restricted area within and
   83         around a public mooring field and within certain
   84         portions of the Florida Intracoastal Waterway;
   85         creating s. 327.463, F.S.; specifying conditions under
   86         which a vessel is and is not operating at slow speed,
   87         minimum wake; prohibiting a person from operating a
   88         vessel faster than slow speed, minimum wake within a
   89         certain distance from other specified vessels;
   90         providing requirements for construction vessel or
   91         barge flags; exempting a person from being cited for a
   92         violation under certain circumstances; providing civil
   93         penalties; providing applicability; amending s.
   94         327.50, F.S.; authorizing the commission to exempt
   95         vessel owners and operators from certain safety
   96         equipment requirements; creating s. 327.521, F.S.;
   97         designating waters of this state within aquatic
   98         preserves as no-discharge zones upon approval by the
   99         United States Environmental Protection Agency;
  100         prohibiting discharge of sewage from a vessel or
  101         floating structure into such waters; providing civil
  102         penalties; providing increased penalties for each day
  103         the violation continues; requiring the owner or
  104         operator to remove such vessel or structure within a
  105         specified timeframe from the waters of this state upon
  106         a second conviction; defining the term “conviction”;
  107         providing requirements for removal and sale of such
  108         vessel or structure under certain circumstances;
  109         requiring the commission to maintain and make
  110         available to the public a list of marine sewage
  111         pumpout facilities; amending s. 327.53, F.S.;
  112         requiring the owner or operator of a live-aboard
  113         vessel or houseboat equipped with a marine sanitation
  114         device to maintain a record of the date and location
  115         of each pumpout of the device for a certain period;
  116         providing an exception; conforming a cross-reference;
  117         making technical changes; amending s. 327.54, F.S.;
  118         prohibiting a livery from leasing, hiring, or renting
  119         a vessel to a person required to complete a
  120         commission-approved boating safety education course
  121         unless such person presents certain documentation
  122         indicating compliance; amending s. 327.60, F.S.;
  123         authorizing a local government to enact and enforce
  124         regulations allowing the local law enforcement agency
  125         to remove an abandoned or lost vessel affixed to a
  126         public mooring; amending s. 327.73, F.S.; providing
  127         additional violations that qualify as noncriminal
  128         infractions; providing civil penalties; prohibiting
  129         conviction of a person cited for a violation relating
  130         to possessing proof of boating safety education under
  131         certain circumstances; increasing certain civil
  132         penalties; providing that certain vessels shall be
  133         declared a public nuisance subject to certain
  134         statutory provisions; authorizing the commission or
  135         certain officers to relocate or remove public nuisance
  136         vessels from the waters of this state; providing that
  137         the commission or officers are not liable for damages
  138         to such vessels; providing an exception; amending s.
  139         328.09, F.S.; prohibiting the Department of Highway
  140         Safety and Motor Vehicles from issuing a certificate
  141         of title to an applicant for a vessel that has been
  142         deemed derelict pursuant to certain provisions;
  143         authorizing the department, at a later date, to reject
  144         an application for a certificate of title for such a
  145         vessel; amending s. 376.15, F.S.; revising unlawful
  146         acts relating to derelict vessels; defining the term
  147         “leave”; prohibiting an owner or operator whose vessel
  148         becomes derelict due to specified accidents or events
  149         from being charged with a violation under certain
  150         circumstances; providing applicability; conforming
  151         provisions to changes made by the act; authorizing a
  152         governmental subdivision that has received
  153         authorization from a law enforcement officer or agency
  154         to direct a contractor to perform vessel storage,
  155         destruction, and disposal activities; authorizing the
  156         commission to provide local government grants for the
  157         storage, destruction, and disposal of derelict
  158         vessels; providing for funding; amending s. 705.103,
  159         F.S.; providing notice procedures for when a law
  160         enforcement officer ascertains that a derelict or
  161         public nuisance vessel is present on the waters of
  162         this state; requiring a mailed notice to the owner or
  163         party responsible for the vessel to inform him or her
  164         of the right to a hearing; providing hearing
  165         requirements; authorizing a law enforcement agency to
  166         take certain actions if a hearing is not requested or
  167         a vessel is determined to be derelict or otherwise in
  168         violation of law; revising provisions relating to
  169         liability for vessel removal costs and notification of
  170         the amount owed; providing criminal penalties for a
  171         person who is issued a registration for a vessel or
  172         motor vehicle before such costs are paid; requiring
  173         persons whose vessel registration and motor vehicle
  174         privileges have been revoked for failure to pay
  175         certain costs to be reported to the department;
  176         prohibiting issuance of a certificate of registration
  177         to such persons until such costs are paid; amending s.
  178         823.11, F.S.; revising application of definitions;
  179         revising the definition of the term “derelict vessel”;
  180         specifying requirements for a vessel to be considered
  181         wrecked, junked, or substantially dismantled;
  182         providing construction; revising unlawful acts
  183         relating to derelict vessels; defining the term
  184         “leave”; prohibiting an owner or operator whose vessel
  185         becomes derelict due to specified accidents or events
  186         from being charged with a violation under certain
  187         circumstances; providing applicability; providing that
  188         relocation or removal costs incurred by a governmental
  189         subdivision are recoverable against the vessel owner
  190         or the party determined to be legally responsible for
  191         the vessel being derelict; providing criminal
  192         penalties for a person who is issued a registration
  193         for a vessel or motor vehicle before such costs are
  194         paid; authorizing a governmental subdivision that has
  195         received authorization from a law enforcement officer
  196         or agency to direct a contractor to perform vessel
  197         relocation or removal activities; providing effective
  198         dates.
  199          
  200  Be It Enacted by the Legislature of the State of Florida:
  201  
  202         Section 1. Effective October 1, 2021, paragraphs (a) and
  203  (c) of subsection (1) of section 316.1932, Florida Statutes, are
  204  amended to read:
  205         316.1932 Tests for alcohol, chemical substances, or
  206  controlled substances; implied consent; refusal.—
  207         (1)(a)1.a. A Any person who accepts the privilege extended
  208  by the laws of this state of operating a motor vehicle within
  209  this state is, by so operating such vehicle, deemed to have
  210  given his or her consent to submit to an approved chemical test
  211  or physical test including, but not limited to, an infrared
  212  light test of his or her breath for the purpose of determining
  213  the alcoholic content of his or her blood or breath if the
  214  person is lawfully arrested for any offense allegedly committed
  215  while the person was driving or was in actual physical control
  216  of a motor vehicle while under the influence of alcoholic
  217  beverages. The chemical or physical breath test must be
  218  incidental to a lawful arrest and administered at the request of
  219  a law enforcement officer who has reasonable cause to believe
  220  such person was driving or was in actual physical control of the
  221  motor vehicle within this state while under the influence of
  222  alcoholic beverages. The administration of a breath test does
  223  not preclude the administration of another type of test. The
  224  person shall be told that his or her failure to submit to any
  225  lawful test of his or her breath will result in the suspension
  226  of the person’s privilege to operate a motor vehicle for a
  227  period of 1 year for a first refusal, or for a period of 18
  228  months if the driving privilege of such person has been
  229  previously suspended or if he or she has previously been fined
  230  under s. 327.35215 as a result of a refusal to submit to such a
  231  test or tests required under this chapter or chapter 327, and
  232  shall also be told that if he or she refuses to submit to a
  233  lawful test of his or her breath and his or her driving
  234  privilege has been previously suspended or if he or she has
  235  previously been fined under s. 327.35215 for a prior refusal to
  236  submit to a lawful test of his or her breath, urine, or blood as
  237  required under this chapter or chapter 327, he or she commits a
  238  misdemeanor of the first degree, punishable as provided in s.
  239  775.082 or s. 775.083, in addition to any other penalties
  240  provided by law. The refusal to submit to a chemical or physical
  241  breath test upon the request of a law enforcement officer as
  242  provided in this section is admissible into evidence in any
  243  criminal proceeding.
  244         b. A Any person who accepts the privilege extended by the
  245  laws of this state of operating a motor vehicle within this
  246  state is, by so operating such vehicle, deemed to have given his
  247  or her consent to submit to a urine test for the purpose of
  248  detecting the presence of chemical substances as set forth in s.
  249  877.111 or controlled substances if the person is lawfully
  250  arrested for any offense allegedly committed while the person
  251  was driving or was in actual physical control of a motor vehicle
  252  while under the influence of chemical substances or controlled
  253  substances. The urine test must be incidental to a lawful arrest
  254  and administered at a detention facility or any other facility,
  255  mobile or otherwise, which is equipped to administer such tests
  256  at the request of a law enforcement officer who has reasonable
  257  cause to believe such person was driving or was in actual
  258  physical control of a motor vehicle within this state while
  259  under the influence of chemical substances or controlled
  260  substances. The urine test shall be administered at a detention
  261  facility or any other facility, mobile or otherwise, which is
  262  equipped to administer such test in a reasonable manner that
  263  will ensure the accuracy of the specimen and maintain the
  264  privacy of the individual involved. The administration of a
  265  urine test does not preclude the administration of another type
  266  of test. The person shall be told that his or her failure to
  267  submit to any lawful test of his or her urine will result in the
  268  suspension of the person’s privilege to operate a motor vehicle
  269  for a period of 1 year for the first refusal, or for a period of
  270  18 months if the driving privilege of such person has been
  271  previously suspended or if he or she has previously been fined
  272  under s. 327.35215 as a result of a refusal to submit to such a
  273  test or tests required under this chapter or chapter 327, and
  274  shall also be told that if he or she refuses to submit to a
  275  lawful test of his or her urine and his or her driving privilege
  276  has been previously suspended or if he or she has previously
  277  been fined under s. 327.35215 for a prior refusal to submit to a
  278  lawful test of his or her breath, urine, or blood as required
  279  under this chapter or chapter 327, he or she commits a
  280  misdemeanor of the first degree, punishable as provided in s.
  281  775.082 or s. 775.083, in addition to any other penalties
  282  provided by law. The refusal to submit to a urine test upon the
  283  request of a law enforcement officer as provided in this section
  284  is admissible into evidence in any criminal proceeding.
  285         2. The Alcohol Testing Program within the Department of Law
  286  Enforcement is responsible for the regulation of the operation,
  287  inspection, and registration of breath test instruments utilized
  288  under the driving and boating under the influence provisions and
  289  related provisions located in this chapter and chapters 322 and
  290  327. The program is responsible for the regulation of the
  291  individuals who operate, inspect, and instruct on the breath
  292  test instruments utilized in the driving and boating under the
  293  influence provisions and related provisions located in this
  294  chapter and chapters 322 and 327. The program is further
  295  responsible for the regulation of blood analysts who conduct
  296  blood testing to be utilized under the driving and boating under
  297  the influence provisions and related provisions located in this
  298  chapter and chapters 322 and 327. The program shall:
  299         a. Establish uniform criteria for the issuance of permits
  300  to breath test operators, agency inspectors, instructors, blood
  301  analysts, and instruments.
  302         b. Have the authority to permit breath test operators,
  303  agency inspectors, instructors, blood analysts, and instruments.
  304         c. Have the authority to discipline and suspend, revoke, or
  305  renew the permits of breath test operators, agency inspectors,
  306  instructors, blood analysts, and instruments.
  307         d. Establish uniform requirements for instruction and
  308  curricula for the operation and inspection of approved
  309  instruments.
  310         e. Have the authority to specify one approved curriculum
  311  for the operation and inspection of approved instruments.
  312         f. Establish a procedure for the approval of breath test
  313  operator and agency inspector classes.
  314         g. Have the authority to approve or disapprove breath test
  315  instruments and accompanying paraphernalia for use pursuant to
  316  the driving and boating under the influence provisions and
  317  related provisions located in this chapter and chapters 322 and
  318  327.
  319         h. With the approval of the executive director of the
  320  Department of Law Enforcement, make and enter into contracts and
  321  agreements with other agencies, organizations, associations,
  322  corporations, individuals, or federal agencies as are necessary,
  323  expedient, or incidental to the performance of duties.
  324         i. Issue final orders which include findings of fact and
  325  conclusions of law and which constitute final agency action for
  326  the purpose of chapter 120.
  327         j. Enforce compliance with the provisions of this section
  328  through civil or administrative proceedings.
  329         k. Make recommendations concerning any matter within the
  330  purview of this section, this chapter, chapter 322, or chapter
  331  327.
  332         l. Promulgate rules for the administration and
  333  implementation of this section, including definitions of terms.
  334         m. Consult and cooperate with other entities for the
  335  purpose of implementing the mandates of this section.
  336         n. Have the authority to approve the type of blood test
  337  utilized under the driving and boating under the influence
  338  provisions and related provisions located in this chapter and
  339  chapters 322 and 327.
  340         o. Have the authority to specify techniques and methods for
  341  breath alcohol testing and blood testing utilized under the
  342  driving and boating under the influence provisions and related
  343  provisions located in this chapter and chapters 322 and 327.
  344         p. Have the authority to approve repair facilities for the
  345  approved breath test instruments, including the authority to set
  346  criteria for approval.
  347  
  348  Nothing in this section shall be construed to supersede
  349  provisions in this chapter and chapters 322 and 327. The
  350  specifications in this section are derived from the power and
  351  authority previously and currently possessed by the Department
  352  of Law Enforcement and are enumerated to conform with the
  353  mandates of chapter 99-379, Laws of Florida.
  354         (c) A Any person who accepts the privilege extended by the
  355  laws of this state of operating a motor vehicle within this
  356  state is, by operating such vehicle, deemed to have given his or
  357  her consent to submit to an approved blood test for the purpose
  358  of determining the alcoholic content of the blood or a blood
  359  test for the purpose of determining the presence of chemical
  360  substances or controlled substances as provided in this section
  361  if there is reasonable cause to believe the person was driving
  362  or in actual physical control of a motor vehicle while under the
  363  influence of alcoholic beverages or chemical or controlled
  364  substances and the person appears for treatment at a hospital,
  365  clinic, or other medical facility and the administration of a
  366  breath or urine test is impractical or impossible. As used in
  367  this paragraph, the term “other medical facility” includes an
  368  ambulance or other medical emergency vehicle. The blood test
  369  shall be performed in a reasonable manner. A Any person who is
  370  incapable of refusal by reason of unconsciousness or other
  371  mental or physical condition is deemed not to have withdrawn his
  372  or her consent to such test. A blood test may be administered
  373  whether or not the person is told that his or her failure to
  374  submit to such a blood test will result in the suspension of the
  375  person’s privilege to operate a motor vehicle upon the public
  376  highways of this state and that a refusal to submit to a lawful
  377  test of his or her blood, if his or her driving privilege has
  378  been previously suspended for refusal to submit to a lawful test
  379  of his or her breath, urine, or blood, is a misdemeanor. A Any
  380  person who is capable of refusal shall be told that his or her
  381  failure to submit to such a blood test will result in the
  382  suspension of the person’s privilege to operate a motor vehicle
  383  for a period of 1 year for a first refusal, or for a period of
  384  18 months if the driving privilege of the person has been
  385  suspended previously or if he or she has previously been fined
  386  under s. 327.35215 as a result of a refusal to submit to such a
  387  test or tests required under this chapter or chapter 327, and
  388  that a refusal to submit to a lawful test of his or her blood,
  389  if his or her driving privilege has been previously suspended
  390  for a prior refusal to submit to a lawful test of his or her
  391  breath, urine, or blood, is a misdemeanor. The refusal to submit
  392  to a blood test upon the request of a law enforcement officer is
  393  admissible in evidence in any criminal proceeding.
  394         Section 2. Effective October 1, 2021, subsection (1) of
  395  section 316.1939, Florida Statutes, is amended to read:
  396         316.1939 Refusal to submit to testing; penalties.—
  397         (1) A Any person who has refused to submit to a chemical or
  398  physical test of his or her breath, blood, or urine, as
  399  described in s. 316.1932, and whose driving privilege was
  400  previously suspended or who was previously fined under s.
  401  327.35215 for a prior refusal to submit to a lawful test of his
  402  or her breath, urine, or blood required under this chapter or
  403  chapter 327, and:
  404         (a) Who the arresting law enforcement officer had probable
  405  cause to believe was driving or in actual physical control of a
  406  motor vehicle in this state while under the influence of
  407  alcoholic beverages, chemical substances, or controlled
  408  substances;
  409         (b) Who was placed under lawful arrest for a violation of
  410  s. 316.193 unless such test was requested pursuant to s.
  411  316.1932(1)(c);
  412         (c) Who was informed that, if he or she refused to submit
  413  to such test, his or her privilege to operate a motor vehicle
  414  would be suspended for a period of 1 year or, in the case of a
  415  second or subsequent refusal, for a period of 18 months;
  416         (d) Who was informed that a refusal to submit to a lawful
  417  test of his or her breath or, urine, or blood, if his or her
  418  driving privilege has been previously suspended or if he or she
  419  has previously been fined under s. 327.35215 for a prior refusal
  420  to submit to a lawful test of his or her breath, urine, or blood
  421  as required under this chapter or chapter 327, is a misdemeanor
  422  of the first degree, punishable as provided in s. 775.082 or s.
  423  775.083, in addition to any other penalties provided by law; and
  424         (e) Who, after having been so informed, refused to submit
  425  to any such test when requested to do so by a law enforcement
  426  officer or correctional officer commits a misdemeanor of the
  427  first degree and is subject to punishment as provided in s.
  428  775.082 or s. 775.083.
  429         Section 3. Present subsections (18) through (47) of section
  430  327.02, Florida Statutes, are redesignated as subsections (19)
  431  through (48), respectively, a new subsection (18) is added to
  432  that section, and present subsection (31) of that section is
  433  amended, to read:
  434         327.02 Definitions.—As used in this chapter and in chapter
  435  328, unless the context clearly requires a different meaning,
  436  the term:
  437         (18)“Human-powered vessel” means a vessel powered only by
  438  its occupant or occupants, including, but not limited to, a
  439  vessel powered only by the occupants’ hands or feet, oars, or
  440  paddles.
  441         (32)(31) “Navigation rules” means, for vessels on:
  442         (a) Waters outside established navigational lines of
  443  demarcation as specified in 33 C.F.R. part 80, the International
  444  Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended,
  445  including the appendix and annexes thereto, through December 31,
  446  2020 October 1, 2012.
  447         (b) All waters not outside of such established lines of
  448  demarcation, the Inland Navigational Rules Act of 1980, 33
  449  C.F.R. parts 83-90, as amended, through December 31, 2020
  450  October 1, 2012.
  451         Section 4. Section 327.04, Florida Statutes, is amended to
  452  read:
  453         327.04 Rules.—The commission may has authority to adopt
  454  rules pursuant to ss. 120.536(1) and 120.54 to implement the
  455  provisions of this chapter, the provisions of chapter 705
  456  relating to vessels, and ss. 376.15 and 823.11 conferring powers
  457  or duties upon it.
  458         Section 5. Section 327.462, Florida Statutes, is created to
  459  read:
  460         327.462Temporary protection zones for spaceflight launches
  461  and recovery of spaceflight assets.—
  462         (1)As used in this section, the term:
  463         (a)“Launch services” means the conduct of a launch and
  464  activities involved in the preparation of a launch vehicle,
  465  payload, government astronaut, commercial astronaut, or
  466  spaceflight participant for such launch.
  467         (b)“Reentry services” means the conduct of a reentry and
  468  activities involved in the preparation of a reentry vehicle,
  469  payload, government astronaut, commercial astronaut, or
  470  spaceflight participant for such reentry.
  471         (c)“Spaceflight assets” means any item, or any part of an
  472  item, owned by a spaceflight entity which is used in launch
  473  services or reentry services, including crewed and uncrewed
  474  spacecraft, launch vehicles, parachutes and other landing aids,
  475  and any spacecraft or ancillary equipment that was attached to
  476  the launch vehicle during launch, orbit, or reentry.
  477         (d)“Spaceflight entity” has the same meaning as provided
  478  in s. 331.501.
  479         (2)The head of a law enforcement agency or entity
  480  identified in s. 327.70(1), or his or her designee, may, upon
  481  waters of this state within the law enforcement agency’s or
  482  entity’s jurisdiction, when necessary for preparations in
  483  advance of a launch service or reentry service or for the
  484  recovery of spaceflight assets before or after a launch service
  485  or reentry service, temporarily establish a protection zone
  486  requiring vessels to leave, or prohibiting vessels from
  487  entering, water bodies within:
  488         (a)Five hundred yards of where launch services, reentry
  489  services, or spaceflight asset recovery operations are being
  490  conducted; or
  491         (b)A distance greater than provided in paragraph (a) if
  492  the head of such law enforcement agency or entity, or his or her
  493  designee, determines such greater distance is in the best
  494  interest of public safety.
  495         (3)A protection zone established under subsection (2) may
  496  remain in effect only as long as necessary to ensure security
  497  around the launch and recovery areas and to recover spaceflight
  498  assets and any personnel being transported within a spacecraft
  499  following the launch or reentry activity. Such protection zone
  500  may not be in place more than 72 hours before or 72 hours after
  501  the launch. The head of a law enforcement agency or entity
  502  identified in s. 327.70, or his or her designee:
  503         (a)May also restrict vessels from operating within up to
  504  500 yards of any vessel transporting recovered spaceflight
  505  assets following a spaceflight launch or reentry while such
  506  vessel is continuously underway transporting such assets to a
  507  location for removal from the waters of this state; and
  508         (b)May not restrict vessel movement within the Florida
  509  Intracoastal Waterway, except as necessary during the transport
  510  of spaceflight assets to or from port or during exigent
  511  circumstances.
  512         (4)The head of a law enforcement agency or entity
  513  establishing a protection zone under this section, or his or her
  514  designee, must report the establishment of such protection zone
  515  via e-mail to the commission’s Division of Law Enforcement,
  516  Boating and Waterways Section, and to the appropriate United
  517  States Coast Guard Sector Command having responsibility over the
  518  water body, at least 72 hours before establishment of the
  519  protection zone. Such report must include the reasons for the
  520  protection zone, the portion of the water body or water bodies
  521  which will be included in the protection zone, and the duration
  522  of the protection zone. No later than 72 hours after the end of
  523  the protection zone period, the head of the law enforcement
  524  agency or entity, or his or her designee, must report via e-mail
  525  to the commission’s Division of Law Enforcement, Boating and
  526  Waterways Section, the details of all citations issued for
  527  violating the protection zone.
  528         (5)This section applies only to launch services, reentry
  529  services, or the recovery of spaceflight assets occurring or
  530  originating within spaceport territory, as defined in s.
  531  331.304, and to federally licensed or federally authorized
  532  launches and reentries occurring or transiting to an end
  533  destination upon waters of this state.
  534         (6)A person who violates this section or any directive
  535  given by a law enforcement officer relating to the establishment
  536  of a protection zone under this section after being advised of
  537  the establishment of the protection zone commits a misdemeanor
  538  of the second degree, punishable as provided in s. 775.082 or s.
  539  775.083.
  540         Section 6. Effective October 1, 2021, paragraphs (a) and
  541  (c) of subsection (1) of section 327.352, Florida Statutes, are
  542  amended to read:
  543         327.352 Tests for alcohol, chemical substances, or
  544  controlled substances; implied consent; refusal.—
  545         (1)(a)1. The Legislature declares that the operation of a
  546  vessel is a privilege that must be exercised in a reasonable
  547  manner. In order to protect the public health and safety, it is
  548  essential that a lawful and effective means of reducing the
  549  incidence of boating while impaired or intoxicated be
  550  established. Therefore, a any person who accepts the privilege
  551  extended by the laws of this state of operating a vessel within
  552  this state is, by so operating such vessel, deemed to have given
  553  his or her consent to submit to an approved chemical test or
  554  physical test including, but not limited to, an infrared light
  555  test of his or her breath for the purpose of determining the
  556  alcoholic content of his or her blood or breath if the person is
  557  lawfully arrested for any offense allegedly committed while the
  558  person was operating a vessel while under the influence of
  559  alcoholic beverages. The chemical or physical breath test must
  560  be incidental to a lawful arrest and administered at the request
  561  of a law enforcement officer who has reasonable cause to believe
  562  such person was operating the vessel within this state while
  563  under the influence of alcoholic beverages. The administration
  564  of a breath test does not preclude the administration of another
  565  type of test. The person shall be told that his or her failure
  566  to submit to any lawful test of his or her breath under this
  567  chapter will result in a civil penalty of $500, and shall also
  568  be told that if he or she refuses to submit to a lawful test of
  569  his or her breath and he or she has been previously fined under
  570  s. 327.35215 or has previously had his or her driver license
  571  suspended for refusal to submit to any lawful test of his or her
  572  breath, urine, or blood, he or she commits a misdemeanor of the
  573  first degree, punishable as provided in s. 775.082 or s.
  574  775.083, in addition to any other penalties provided by law. The
  575  refusal to submit to a chemical or physical breath test upon the
  576  request of a law enforcement officer as provided in this section
  577  is admissible into evidence in any criminal proceeding.
  578         2. A Any person who accepts the privilege extended by the
  579  laws of this state of operating a vessel within this state is,
  580  by so operating such vessel, deemed to have given his or her
  581  consent to submit to a urine test for the purpose of detecting
  582  the presence of chemical substances as set forth in s. 877.111
  583  or controlled substances if the person is lawfully arrested for
  584  any offense allegedly committed while the person was operating a
  585  vessel while under the influence of chemical substances or
  586  controlled substances. The urine test must be incidental to a
  587  lawful arrest and administered at a detention facility or any
  588  other facility, mobile or otherwise, which is equipped to
  589  administer such tests at the request of a law enforcement
  590  officer who has reasonable cause to believe such person was
  591  operating a vessel within this state while under the influence
  592  of chemical substances or controlled substances. The urine test
  593  shall be administered at a detention facility or any other
  594  facility, mobile or otherwise, which is equipped to administer
  595  such test in a reasonable manner that will ensure the accuracy
  596  of the specimen and maintain the privacy of the individual
  597  involved. The administration of a urine test does not preclude
  598  the administration of another type of test. The person shall be
  599  told that his or her failure to submit to any lawful test of his
  600  or her urine under this chapter will result in a civil penalty
  601  of $500, and shall also be told that if he or she refuses to
  602  submit to a lawful test of his or her urine and he or she has
  603  been previously fined under s. 327.35215 or has previously had
  604  his or her driver license suspended for refusal to submit to any
  605  lawful test of his or her breath, urine, or blood, he or she
  606  commits a misdemeanor of the first degree, punishable as
  607  provided in s. 775.082 or s. 775.083, in addition to any other
  608  penalties provided by law. The refusal to submit to a urine test
  609  upon the request of a law enforcement officer as provided in
  610  this section is admissible into evidence in any criminal
  611  proceeding.
  612         (c) A Any person who accepts the privilege extended by the
  613  laws of this state of operating a vessel within this state is,
  614  by operating such vessel, deemed to have given his or her
  615  consent to submit to an approved blood test for the purpose of
  616  determining the alcoholic content of the blood or a blood test
  617  for the purpose of determining the presence of chemical
  618  substances or controlled substances as provided in this section
  619  if there is reasonable cause to believe the person was operating
  620  a vessel while under the influence of alcoholic beverages or
  621  chemical or controlled substances and the person appears for
  622  treatment at a hospital, clinic, or other medical facility and
  623  the administration of a breath or urine test is impractical or
  624  impossible. As used in this paragraph, the term “other medical
  625  facility” includes an ambulance or other medical emergency
  626  vehicle. The blood test shall be performed in a reasonable
  627  manner. A Any person who is incapable of refusal by reason of
  628  unconsciousness or other mental or physical condition is deemed
  629  not to have withdrawn his or her consent to such test. A Any
  630  person who is capable of refusal shall be told that his or her
  631  failure to submit to such a blood test will result in a civil
  632  penalty of $500 and that a refusal to submit to a lawful test of
  633  his or her blood, if he or she has previously been fined for
  634  refusal to submit to any lawful test of his or her breath,
  635  urine, or blood, is a misdemeanor. The refusal to submit to a
  636  blood test upon the request of a law enforcement officer shall
  637  be admissible in evidence in any criminal proceeding.
  638         Section 7. Subsection (3) of section 327.35215, Florida
  639  Statutes, is amended to read:
  640         327.35215 Penalty for failure to submit to test.—
  641         (3) A person who has been advised of the penalties pursuant
  642  to subsection (2) may, within 30 days afterwards, request a
  643  hearing before a county court judge. A request for a hearing
  644  tolls the period for payment of the civil penalty, and, if
  645  assessment of the civil penalty is sustained by the hearing and
  646  any subsequent judicial review, the civil penalty must be paid
  647  within 30 days after final disposition. The clerk of the court
  648  shall notify the Department of Highway Safety and Motor Vehicles
  649  of the final disposition of all actions filed under this section
  650  by electronic transmission in a format prescribed by the
  651  department. When the department receives the final disposition,
  652  the department shall enter the disposition on the person’s
  653  driving record.
  654         Section 8. Effective October 1, 2021, section 327.359,
  655  Florida Statutes, is amended to read:
  656         327.359 Refusal to submit to testing; penalties.—A Any
  657  person who has refused to submit to a chemical or physical test
  658  of his or her breath, blood, or urine, as described in s.
  659  327.352, and who has been previously fined under s. 327.35215 or
  660  has previously had his or her driver license suspended for
  661  refusal to submit to a lawful test of his or her breath, urine,
  662  or blood, and:
  663         (1) Who the arresting law enforcement officer had probable
  664  cause to believe was operating or in actual physical control of
  665  a vessel in this state while under the influence of alcoholic
  666  beverages, chemical substances, or controlled substances;
  667         (2) Who was placed under lawful arrest for a violation of
  668  s. 327.35 unless such test was requested pursuant to s.
  669  327.352(1)(c);
  670         (3) Who was informed that if he or she refused to submit to
  671  such test, he or she is subject to a fine of $500;
  672         (4) Who was informed that a refusal to submit to a lawful
  673  test of his or her breath or, urine, or blood, if he or she has
  674  been previously fined under s. 327.35215 or has previously had
  675  his or her driver license suspended for refusal to submit to a
  676  lawful test of his or her breath, urine, or blood, is a
  677  misdemeanor of the first degree, punishable as provided in s.
  678  775.082 or s. 775.083; and
  679         (5) Who, after having been so informed, refused to submit
  680  to any such test when requested to do so by a law enforcement
  681  officer or correctional officer commits a misdemeanor of the
  682  first degree, punishable and is subject to punishment as
  683  provided in s. 775.082 or s. 775.083.
  684         Section 9. Section 327.371, Florida Statutes, is created to
  685  read:
  686         327.371Human-powered vessels regulated.—
  687         (1)A person may operate a human-powered vessel within the
  688  boundaries of the marked channel of the Florida Intracoastal
  689  Waterway as defined in s. 327.02:
  690         (a)When the marked channel is the only navigable portion
  691  of the waterway available due to vessel congestion or
  692  obstructions on the water. The operator of the human-powered
  693  vessel shall proceed with diligence to a location where he or
  694  she may safely operate the vessel outside the marked channel of
  695  the Florida Intracoastal Waterway.
  696         (b)When crossing the marked channel, provided that the
  697  crossing is done in the most direct, continuous, and expeditious
  698  manner possible and does not interfere with other vessel traffic
  699  in the channel.
  700         (c)During an emergency endangering life or limb.
  701         (2)A person may not operate a human-powered vessel in the
  702  marked channel of the Florida Intracoastal Waterway except as
  703  provided in subsection (1).
  704         (3)A person who violates this section commits a
  705  noncriminal infraction, punishable as provided in s. 327.73.
  706         Section 10. Subsection (1) and paragraphs (a) and (b) of
  707  subsection (5) of section 327.391, Florida Statutes, are amended
  708  to read:
  709         327.391 Airboats regulated.—
  710         (1) The exhaust of every internal combustion engine used on
  711  any airboat operated on the waters of this state shall be
  712  provided with an automotive-style factory muffler, underwater
  713  exhaust, or other manufactured device capable of adequately
  714  muffling the sound of the exhaust of the engine as described in
  715  s. 327.02(31) s. 327.02(30). The use of cutouts or flex pipe as
  716  the sole source of muffling is prohibited, except as provided in
  717  subsection (4). A Any person who violates this subsection
  718  commits a noncriminal infraction, punishable as provided in s.
  719  327.73(1).
  720         (5)(a) Beginning July 1, 2019, A person may not operate an
  721  airboat to carry one or more passengers for hire on waters of
  722  this the state unless he or she has all of the following onboard
  723  the airboat:
  724         1. A photographic identification card.
  725         2. Proof of completion of a boater education course that
  726  complies with s. 327.395(2)(a) s. 327.395(1)(a). Except as
  727  provided in paragraph (b), no operator is exempt from this
  728  requirement, regardless of age or the exemptions provided under
  729  s. 327.395.
  730         3. Proof of successful completion of a commission-approved
  731  airboat operator course that meets the minimum standards
  732  established by commission rule.
  733         4. Proof of successful course completion in cardiopulmonary
  734  resuscitation and first aid.
  735         (b) A person issued a captain’s license by the United
  736  States Coast Guard is not required to complete a boating safety
  737  education course that complies with s. 327.395(2)(a) s.
  738  327.395(1)(a). Proof of the captain’s license must be onboard
  739  the airboat when carrying one or more passengers for hire on
  740  waters of this the state.
  741         Section 11. Section 327.395, Florida Statutes, is amended
  742  to read:
  743         327.395 Boating safety education.—
  744         (1) A person born on or after January 1, 1988, may not
  745  operate a vessel powered by a motor of 10 horsepower or greater
  746  unless such person has in his or her possession aboard the
  747  vessel the documents required by subsection (2).
  748         (2)While operating a vessel, a person identified under
  749  subsection (1) must have in his or her possession aboard the
  750  vessel photographic identification and a Florida boating safety
  751  identification card issued by the commission;, a state-issued
  752  identification card or driver license indicating possession of
  753  the Florida boating safety identification card;, or photographic
  754  identification and a temporary certificate issued or approved by
  755  the commission, an International Certificate of Competency, a
  756  boating safety card or certificate from another state or United
  757  States territory, or a Canadian Pleasure Craft Operator Card,
  758  which shows that he or she has:
  759         (a) Completed a commission-approved boating safety
  760  education course that meets the minimum requirements established
  761  by the National Association of State Boating Law Administrators;
  762  or
  763         (b) Passed a temporary certificate examination developed or
  764  approved by the commission;
  765         (c)A valid International Certificate of Competency; or
  766         (d)Completed a boating safety education course or
  767  equivalency examination in another state, a United States
  768  territory, or Canada which meets or exceeds the minimum
  769  requirements established by the National Association of State
  770  Boating Law Administrators.
  771         (3)(a)(2)(a) A person may obtain a Florida boating safety
  772  identification card by successfully completing a boating safety
  773  education course that meets the requirements of this section and
  774  rules adopted by the commission pursuant to this section.
  775         (b) A person may obtain a temporary certificate by passing
  776  a temporary certificate examination that meets the requirements
  777  of this section and rules adopted by the commission pursuant to
  778  this section.
  779         (4)(3)A Any commission-approved boating safety education
  780  course or temporary certificate examination developed or
  781  approved by the commission must include a component regarding
  782  diving vessels, awareness of divers in the water, divers-down
  783  warning devices, and the requirements of s. 327.331.
  784         (4)The commission may appoint liveries, marinas, or other
  785  persons as its agents to administer the course or temporary
  786  certificate examination and issue identification cards or
  787  temporary certificates in digital, electronic, or paper format
  788  under guidelines established by the commission. An agent must
  789  charge the $2 examination fee, which must be forwarded to the
  790  commission with proof of passage of the examination and may
  791  charge and keep a $1 service fee.
  792         (5) A Florida boating safety identification card issued to
  793  a person who has completed a boating safety education course is
  794  valid for life. A temporary certificate issued to a person who
  795  has passed a temporary certification examination is valid for 90
  796  days after the date of issuance. The commission may issue either
  797  the boating safety identification card or the temporary
  798  certificate in a digital, electronic, or paper format.
  799         (6) A person is exempt from subsection (1) if he or she:
  800         (a)1. Is licensed by the United States Coast Guard to serve
  801  as master of a vessel; or
  802         2.Has been previously licensed by the United States Coast
  803  Guard to serve as master of a vessel, provides proof of such
  804  licensure to the commission, and requests that a boating safety
  805  identification card be issued in his or her name.
  806         (b) Operates a vessel only on a private lake or pond.
  807         (c) Is accompanied in the vessel by a person who is exempt
  808  from this section or who holds a boating safety identification
  809  card in compliance with this section, who is 18 years of age or
  810  older, and who is attendant to the operation of the vessel and
  811  responsible for the safe operation of the vessel and for any
  812  violation that occurs during the operation of the vessel.
  813         (d) Is a nonresident who has in his or her possession
  814  photographic identification and proof that he or she has
  815  completed a boating safety education course or equivalency
  816  examination in another state or a United States territory which
  817  meets or exceeds the minimum requirements established by the
  818  National Association of State Boating Law Administrators.
  819         (e) Is operating a vessel within 90 days after the purchase
  820  of that vessel and has available for inspection aboard that
  821  vessel a bill of sale meeting the requirements of s. 328.46(1).
  822         (f) Is operating a vessel within 90 days after completing a
  823  boating safety education course in accordance with paragraph
  824  (2)(a) the requirements of paragraph (1)(a) and has a
  825  photographic identification card and a boating safety education
  826  certificate available for inspection as proof of having
  827  completed a boating safety education course. The boating safety
  828  education certificate must provide, at a minimum, the student’s
  829  first and last name, the student’s date of birth, and the date
  830  that he or she passed the course examination.
  831         (g) Is exempted by rule of the commission.
  832         (7) A person who operates a vessel in violation of this
  833  section subsection (1) commits a noncriminal infraction,
  834  punishable as provided in s. 327.73.
  835         (8) The commission shall institute and coordinate a
  836  statewide program of boating safety instruction and
  837  certification to ensure that boating safety courses and
  838  examinations are available in each county of this the state. The
  839  commission may appoint agents to administer the boating safety
  840  education course or temporary certificate examination and may
  841  authorize the agents to issue temporary certificates in digital,
  842  electronic, or paper format. An agent The agents shall charge
  843  and collect the $2 fee required in subsection (9) for each
  844  temporary certificate requested of the commission by that agent,
  845  which must be forwarded to the commission. The agent may charge
  846  and keep a $1 service fee.
  847         (9) The commission may is authorized to establish and to
  848  collect a $2 fee for each card and temporary certificate issued
  849  pursuant to this section.
  850         (10) The commission shall design forms and adopt rules
  851  pursuant to chapter 120 to implement the provisions of this
  852  section.
  853         (11) This section may be cited as the “Osmany ‘Ozzie’
  854  Castellanos Boating Safety Education Act.”
  855         Section 12. Present subsection (5) of section 327.4107,
  856  Florida Statutes, is redesignated as subsection (6), a new
  857  subsection (5) and subsection (7) are added to that section, and
  858  paragraphs (d) and (e) of subsection (2) of that section are
  859  amended, to read:
  860         327.4107 Vessels at risk of becoming derelict on waters of
  861  this state.—
  862         (2) An officer of the commission or of a law enforcement
  863  agency specified in s. 327.70 may determine that a vessel is at
  864  risk of becoming derelict if any of the following conditions
  865  exist:
  866         (d) The vessel is left or stored aground unattended in such
  867  a state that would prevent the vessel from getting underway, is
  868  listing due to water intrusion, or is sunk or partially sunk.
  869         (e) The vessel does not have an effective means of
  870  propulsion for safe navigation within 72 hours after the vessel
  871  owner or operator receives telephonic notice, in-person notice
  872  recorded on an agency-approved body camera, or written notice,
  873  which may be provided by facsimile, electronic mail, or other
  874  electronic means, stating such from an officer, and the vessel
  875  owner or operator is unable to provide a receipt, proof of
  876  purchase, or other documentation of having ordered necessary
  877  parts for vessel repair. The commission may adopt rules to
  878  implement this paragraph.
  879         (5)The commission, an officer of the commission, or a law
  880  enforcement agency or officer specified in s. 327.70 may
  881  relocate or cause to be relocated an at-risk vessel found to be
  882  in violation of this section to a distance greater than 20 feet
  883  from a mangrove or upland vegetation. The commission, an officer
  884  of the commission, or a law enforcement agency or officer acting
  885  pursuant to this subsection upon waters of this state shall be
  886  held harmless for all damages to the at-risk vessel resulting
  887  from such relocation unless the damage results from gross
  888  negligence or willful misconduct as these terms are defined in
  889  s. 823.11.
  890         (7)The commission may establish a derelict vessel
  891  prevention program to address vessels at risk of becoming
  892  derelict. Such program may, but is not required to, include:
  893         (a)Removal, relocation, and destruction of vessels
  894  declared a public nuisance, derelict or at risk of becoming
  895  derelict, or lost or abandoned in accordance with s. 327.53(7),
  896  s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).
  897         (b)Creation of a vessel turn-in program allowing the owner
  898  of a vessel determined by law enforcement to be at risk of
  899  becoming derelict in accordance with this section to turn his or
  900  her vessel and vessel title over to the commission to be
  901  destroyed without penalty.
  902         (c)Providing for removal and destruction of an abandoned
  903  vessel for which an owner cannot be identified or the owner of
  904  which is deceased and no heir is interested in acquiring the
  905  vessel.
  906         (d)Purchase of anchor line, anchors, and other equipment
  907  necessary for securing vessels at risk of becoming derelict.
  908         (e)Creating or acquiring moorings designated for securing
  909  vessels at risk of becoming derelict.
  910  
  911  The commission may adopt rules to implement this subsection.
  912  Implementation of the derelict vessel prevention program shall
  913  be subject to appropriation by the Legislature and shall be
  914  funded by the Marine Resources Conservation Trust Fund or the
  915  Florida Coastal Protection Trust Fund.
  916         Section 13. Section 327.4108, Florida Statutes, is amended
  917  to read:
  918         327.4108 Anchoring of vessels in anchoring limitation
  919  areas.—
  920         (1) The following densely populated urban areas, which have
  921  narrow state waterways, residential docking facilities, and
  922  significant recreational boating traffic, are designated as
  923  anchoring limitation areas, within which a person may not anchor
  924  a vessel at any time during the period between one-half hour
  925  after sunset and one-half hour before sunrise, except as
  926  provided in subsections (3) and (4):
  927         (a) The section of Middle River lying between Northeast
  928  21st Court and the Intracoastal Waterway in Broward County.
  929         (b) Sunset Lake in Miami-Dade County.
  930         (c) The sections of Biscayne Bay in Miami-Dade County lying
  931  between:
  932         1. Rivo Alto Island and Di Lido Island.
  933         2. San Marino Island and San Marco Island.
  934         3. San Marco Island and Biscayne Island.
  935         (2)(a)Monroe County is designated as an anchoring
  936  limitation area within which a vessel on waters of the state may
  937  only be anchored in the same location for a maximum of 90 days.
  938  The commission shall adopt rules to implement this subsection.
  939         (b)The anchoring limitations in this subsection do not
  940  apply to approved and permitted moorings or mooring fields.
  941         (c)Notwithstanding the commission rules adopted pursuant
  942  to this section, this section is not effective for Monroe County
  943  until the county approves, permits, and opens new moorings for
  944  public use, including at least 250 moorings within 1 mile of the
  945  Key West Bight City Dock and at least 50 moorings within the Key
  946  West Garrison Bight Mooring Field. Until such time, the
  947  commission shall designate the area within 1 mile of the Key
  948  West Bight City Dock as a priority for the investigation and
  949  removal of derelict vessels.
  950         (2)To promote the public’s use and enjoyment of the
  951  designated waterway, except as provided in subsections (3) and
  952  (4), a person may not anchor a vessel at any time during the
  953  period between one-half hour after sunset and one-half hour
  954  before sunrise in an anchoring limitation area.
  955         (3) Notwithstanding subsections (1) and subsection (2), a
  956  person may anchor a vessel in an anchoring limitation area
  957  during a time that would otherwise be unlawful:
  958         (a) If the vessel suffers a mechanical failure that poses
  959  an unreasonable risk of harm to the vessel or the persons
  960  onboard unless the vessel anchors. The vessel may anchor for 3
  961  business days or until the vessel is repaired, whichever occurs
  962  first.
  963         (b) If imminent or existing weather conditions in the
  964  vicinity of the vessel pose an unreasonable risk of harm to the
  965  vessel or the persons onboard unless the vessel anchors. The
  966  vessel may anchor until weather conditions no longer pose such
  967  risk. During a hurricane or tropical storm, weather conditions
  968  are deemed to no longer pose an unreasonable risk of harm when
  969  the hurricane or tropical storm warning affecting the area has
  970  expired.
  971         (c) During events described in s. 327.48 or other special
  972  events, including, but not limited to, public music
  973  performances, local government waterfront activities, or
  974  fireworks displays. A vessel may anchor for the lesser of the
  975  duration of the special event or 3 days.
  976         (4) This section does not apply to:
  977         (a) Vessels owned or operated by a governmental entity for
  978  law enforcement, firefighting, military, or rescue purposes.
  979         (b) Construction or dredging vessels on an active job site.
  980         (c) Vessels actively engaged in commercial fishing.
  981         (d) Vessels engaged in recreational fishing if the persons
  982  onboard are actively tending hook and line fishing gear or nets.
  983         (5)(a) As used in this subsection, the term “law
  984  enforcement officer or agency” means an officer or agency
  985  authorized to enforce this section pursuant to s. 327.70.
  986         (b) A law enforcement officer or agency may remove a vessel
  987  from an anchoring limitation area and impound the vessel for up
  988  to 48 hours, or cause such removal and impoundment, if the
  989  vessel operator, after being issued a citation for a violation
  990  of this section:
  991         1. Anchors the vessel in violation of this section within
  992  12 hours after being issued the citation; or
  993         2. Refuses to leave the anchoring limitation area after
  994  being directed to do so by a law enforcement officer or agency.
  995         (c) A law enforcement officer or agency acting under this
  996  subsection to remove or impound a vessel, or to cause such
  997  removal or impoundment, shall be held harmless for any damage to
  998  the vessel resulting from such removal or impoundment unless the
  999  damage results from gross negligence or willful misconduct.
 1000         (d) A contractor performing removal or impoundment services
 1001  at the direction of a law enforcement officer or agency pursuant
 1002  to this subsection must:
 1003         1. Be licensed in accordance with United States Coast Guard
 1004  regulations, as applicable.
 1005         2. Obtain and carry a current policy issued by a licensed
 1006  insurance carrier in this state to insure against any accident,
 1007  loss, injury, property damage, or other casualty caused by or
 1008  resulting from the contractor’s actions.
 1009         3. Be properly equipped to perform such services.
 1010         (e) In addition to the civil penalty imposed under s.
 1011  327.73(1)(z), the operator of a vessel that is removed and
 1012  impounded pursuant to paragraph (b) must pay all removal and
 1013  storage fees before the vessel is released. A vessel removed
 1014  pursuant to paragraph (b) may not be impounded for longer than
 1015  48 hours.
 1016         (6) A violation of this section is punishable as provided
 1017  in s. 327.73(1)(z).
 1018         (7) This section shall remain in effect notwithstanding the
 1019  Legislature’s adoption of the commission’s recommendations for
 1020  the regulation of mooring vessels outside of public mooring
 1021  fields pursuant to s. 327.4105.
 1022         Section 14. Paragraph (a) of subsection (1) and subsection
 1023  (2) of section 327.4109, Florida Statutes, are amended to read:
 1024         327.4109 Anchoring or mooring prohibited; exceptions;
 1025  penalties.—
 1026         (1)(a) The owner or operator of a vessel or floating
 1027  structure may not anchor or moor such that the nearest approach
 1028  of the anchored or moored vessel or floating structure is:
 1029         1. Within 150 feet of any public or private marina, boat
 1030  ramp, boatyard, or other public vessel launching or loading
 1031  facility;
 1032         2. Within 500 300 feet of a superyacht repair facility. For
 1033  purposes of this subparagraph, the term “superyacht repair
 1034  facility” means a facility that services or repairs a yacht with
 1035  a water line of 120 feet or more in length; or
 1036         3. Within 100 feet outward from the marked boundary of a
 1037  public mooring field or a lesser distance if approved by the
 1038  commission upon request of a local government within which the
 1039  mooring field is located. The commission may adopt rules to
 1040  implement this subparagraph.
 1041         (2) Notwithstanding subsection (1), an owner or operator of
 1042  a vessel may anchor or moor within 150 feet of any public or
 1043  private marina, boat ramp, boatyard, or other public vessel
 1044  launching or loading facility; within 500 300 feet of a
 1045  superyacht repair facility; or within 100 feet outward from the
 1046  marked boundary of a public mooring field if:
 1047         (a) The vessel suffers a mechanical failure that poses an
 1048  unreasonable risk of harm to the vessel or the persons onboard
 1049  such vessel. The owner or operator of the vessel may anchor or
 1050  moor for 5 business days or until the vessel is repaired,
 1051  whichever occurs first.
 1052         (b) Imminent or existing weather conditions in the vicinity
 1053  of the vessel pose an unreasonable risk of harm to the vessel or
 1054  the persons onboard such vessel. The owner or operator of the
 1055  vessel may anchor or moor until weather conditions no longer
 1056  pose such risk. During a hurricane or tropical storm, weather
 1057  conditions are deemed to no longer pose an unreasonable risk of
 1058  harm when the hurricane or tropical storm warning affecting the
 1059  area has expired.
 1060         Section 15. Subsection (2) of section 327.45, Florida
 1061  Statutes, is amended to read:
 1062         327.45 Protection zones for springs.—
 1063         (2) The commission may establish by rule protection zones
 1064  that restrict the speed and operation of vessels, or that
 1065  prohibit the anchoring, mooring, beaching, or grounding of
 1066  vessels, to protect and prevent harm to first, second, and third
 1067  magnitude springs and springs groups, including their associated
 1068  spring runs, as determined by the commission using the most
 1069  recent Florida Geological Survey springs bulletin. This harm
 1070  includes negative impacts to water quality, water quantity,
 1071  hydrology, wetlands, and aquatic and wetland-dependent species.
 1072         Section 16. Paragraph (b) of subsection (1) of section
 1073  327.46, Florida Statutes, is amended to read:
 1074         327.46 Boating-restricted areas.—
 1075         (1) Boating-restricted areas, including, but not limited
 1076  to, restrictions of vessel speeds and vessel traffic, may be
 1077  established on the waters of this state for any purpose
 1078  necessary to protect the safety of the public if such
 1079  restrictions are necessary based on boating accidents,
 1080  visibility, hazardous currents or water levels, vessel traffic
 1081  congestion, or other navigational hazards or to protect
 1082  seagrasses on privately owned submerged lands.
 1083         (b) Municipalities and counties may have the authority to
 1084  establish the following boating-restricted areas by ordinance,
 1085  including, notwithstanding the prohibition in s. 327.60(2)(c),
 1086  within the portion of the Florida Intracoastal Waterway within
 1087  their jurisdiction:
 1088         1. An ordinance establishing an idle speed, no wake
 1089  boating-restricted area, if the area is:
 1090         a. Within 500 feet of any boat ramp, hoist, marine railway,
 1091  or other launching or landing facility available for use by the
 1092  general boating public on waterways more than 300 feet in width
 1093  or within 300 feet of any boat ramp, hoist, marine railway, or
 1094  other launching or landing facility available for use by the
 1095  general boating public on waterways not exceeding 300 feet in
 1096  width.
 1097         b. Within 500 feet of fuel pumps or dispensers at any
 1098  marine fueling facility that sells motor fuel to the general
 1099  boating public on waterways more than 300 feet in width or
 1100  within 300 feet of the fuel pumps or dispensers at any licensed
 1101  terminal facility that sells motor fuel to the general boating
 1102  public on waterways not exceeding 300 feet in width.
 1103         c. Inside or within 300 feet of any lock structure.
 1104         2. An ordinance establishing a slow speed, minimum wake
 1105  boating-restricted area if the area is:
 1106         a. Within 300 feet of any bridge fender system.
 1107         b. Within 300 feet of any bridge span presenting a vertical
 1108  clearance of less than 25 feet or a horizontal clearance of less
 1109  than 100 feet.
 1110         c. On a creek, stream, canal, or similar linear waterway if
 1111  the waterway is less than 75 feet in width from shoreline to
 1112  shoreline.
 1113         d. On a lake or pond of less than 10 acres in total surface
 1114  area.
 1115         e.Within the boundaries of a permitted public mooring
 1116  field and a buffer around the mooring field of up to 100 feet.
 1117         3. An ordinance establishing a vessel-exclusion zone if the
 1118  area is:
 1119         a. Designated as a public bathing beach or swim area.
 1120         b. Within 300 feet of a dam, spillway, or flood control
 1121  structure.
 1122  
 1123  Vessel exclusion zones created pursuant to this subparagraph
 1124  must be marked with uniform waterway markers permitted by the
 1125  commission in accordance with this chapter. Such zones may not
 1126  be marked by ropes.
 1127         Section 17. Section 327.463, Florida Statutes, is created
 1128  to read:
 1129         327.463Special hazards.—
 1130         (1)For purposes of this section, a vessel:
 1131         (a)Is operating at slow speed, minimum wake only if it is:
 1132         1.Fully off plane and completely settled into the water;
 1133  and
 1134         2.Proceeding without wake or with minimum wake.
 1135  
 1136  A vessel that is required to operate at slow speed, minimum wake
 1137  may not proceed at a speed greater than a speed that is
 1138  reasonable and prudent to avoid the creation of an excessive
 1139  wake or other hazardous condition under the existing
 1140  circumstances.
 1141         (b)Is not proceeding at slow speed, minimum wake if it is:
 1142         1.Operating on plane;
 1143         2.In the process of coming off plane and settling into the
 1144  water or getting on plane; or
 1145         3.Operating at a speed that creates a wake that
 1146  unreasonably or unnecessarily endangers other vessels.
 1147         (2)A person may not operate a vessel faster than slow
 1148  speed, minimum wake within 300 feet of any emergency vessel,
 1149  including, but not limited to, a law enforcement vessel, United
 1150  States Coast Guard vessel, or firefighting vessel, when such
 1151  emergency vessel’s emergency lights are activated.
 1152         (3)(a)A person may not operate a vessel faster than slow
 1153  speed, minimum wake within 300 feet of any construction vessel
 1154  or barge when the vessel or barge is displaying an orange flag
 1155  from a pole extending:
 1156         1.At least 10 feet above the tallest portion of the vessel
 1157  or barge, indicating that the vessel or barge is actively
 1158  engaged in construction operations; or
 1159         2.At least 5 feet above any superstructure permanently
 1160  installed upon the vessel or barge, indicating that the vessel
 1161  or barge is actively engaged in construction operations.
 1162         (b)A flag displayed on a construction vessel or barge
 1163  pursuant to this subsection must:
 1164         1.Be at least 2 feet by 3 feet in size.
 1165         2.Have a wire or other stiffener or be otherwise
 1166  constructed to ensure that the flag remains fully unfurled and
 1167  extended in the absence of a wind or breeze.
 1168         3.Be displayed so that the visibility of the flag is not
 1169  obscured in any direction.
 1170         (c)In periods of low visibility, including any time
 1171  between 30 minutes after sunset and 30 minutes before sunrise, a
 1172  person may not be cited for a violation of this subsection
 1173  unless the orange flag is illuminated and visible from a
 1174  distance of at least 2 nautical miles. Such illumination does
 1175  not relieve the construction vessel or barge from complying with
 1176  all navigation rules.
 1177         (4)(a)A person operating a vessel in violation of this
 1178  section commits a noncriminal infraction, punishable as provided
 1179  in s. 327.73.
 1180         (b)The owner of, or party who is responsible for, a
 1181  construction vessel or barge who displays an orange flag on the
 1182  vessel or barge when it is not actively engaged in construction
 1183  operations commits a noncriminal infraction, punishable as
 1184  provided in s. 327.73.
 1185         (5)The speed and penalty provisions of this section do not
 1186  apply to a law enforcement, firefighting, or rescue vessel that
 1187  is owned or operated by a governmental entity.
 1188         Section 18. Paragraph (a) of subsection (1) of section
 1189  327.50, Florida Statutes, is amended to read:
 1190         327.50 Vessel safety regulations; equipment and lighting
 1191  requirements.—
 1192         (1)(a) The owner and operator of every vessel on the waters
 1193  of this state shall carry, store, maintain, and use safety
 1194  equipment in accordance with current United States Coast Guard
 1195  safety equipment requirements as specified in the Code of
 1196  Federal Regulations, unless expressly exempted by the commission
 1197  department.
 1198         Section 19. Section 327.521, Florida Statutes, is created
 1199  to read:
 1200         327.521 No-discharge zones.—
 1201         (1) Effective immediately upon approval by the United
 1202  States Environmental Protection Agency of a no-discharge zone
 1203  determination for the waters of the United States within the
 1204  boundaries of aquatic preserves identified in s. 258.39, all
 1205  waters of this state within such areas are designated no
 1206  discharge zones within which a person may not discharge sewage
 1207  of any type, whether treated or untreated, from any vessel or
 1208  floating structure.
 1209         (2) A person who violates this section commits a
 1210  noncriminal infraction, punishable by a civil penalty of up to
 1211  $250. If any discharge prohibited by this section is ongoing or
 1212  continuous, the person may be assessed a penalty of up to $250
 1213  for each day the violation continues.
 1214         (3)(a) The owner or operator of a vessel or floating
 1215  structure convicted a second time for violating this section
 1216  shall, within 30 days after the conviction, remove the vessel or
 1217  floating structure from the waters of this state. For purposes
 1218  of this paragraph, the term “conviction” means a disposition
 1219  other than acquittal or dismissal.
 1220         (b) If the vessel or floating structure remains on the
 1221  waters of this state in violation of this subsection, law
 1222  enforcement officers charged with the enforcement of this
 1223  chapter under s. 327.70 shall apply to the appropriate court in
 1224  the county in which the vessel or floating structure is located
 1225  to order or otherwise cause the removal of such vessel or
 1226  floating structure from the waters of this state at the owner’s
 1227  expense.
 1228         (c) If the owner cannot be found or otherwise fails to pay
 1229  the removal costs, s. 328.17 shall apply. If the proceeds under
 1230  s. 328.17 are not sufficient to pay all removal costs, funds
 1231  appropriated from the Marine Resources Conservation Trust Fund
 1232  pursuant to s. 327.53(6)(b) or s. 328.72(15)(c) may be used.
 1233         (4) The commission shall maintain a list of marine sewage
 1234  pumpout facilities throughout this state, make the list
 1235  available on its website, and provide the list with information
 1236  about the Department of Environmental Protection’s Clean Marina
 1237  Program to all counties for distribution to public and private
 1238  marinas.
 1239         Section 20. Paragraph (a) of subsection (6) and subsection
 1240  (7) of section 327.53, Florida Statutes, are amended, and
 1241  subsection (8) is added to that section, to read:
 1242         327.53 Marine sanitation.—
 1243         (6)(a) A violation of this section is a noncriminal
 1244  infraction, punishable as provided in s. 327.73. Each violation
 1245  shall be a separate offense. The owner and operator of any
 1246  vessel shall be jointly and severally liable for the civil
 1247  penalty imposed pursuant to this section.
 1248         (7) A Any vessel or floating structure operated or occupied
 1249  on the waters of this the state in violation of this section is
 1250  declared a nuisance and a hazard to public safety and health.
 1251  The owner or operator of a any vessel or floating structure
 1252  cited for violating this section shall, within 30 days following
 1253  the issuance of the citation, correct the violation for which
 1254  the citation was issued or remove the vessel or floating
 1255  structure from the waters of this the state. If the violation is
 1256  not corrected within the 30 days and the vessel or floating
 1257  structure remains on the waters of this the state in violation
 1258  of this section, law enforcement officers charged with the
 1259  enforcement of this chapter under s. 327.70 shall apply to the
 1260  appropriate court in the county in which the vessel or floating
 1261  structure is located, to order or otherwise cause the removal of
 1262  such vessel or floating structure from the waters of this the
 1263  state at the owner’s expense. If the owner cannot be found or
 1264  otherwise fails to pay the removal costs, the provisions of s.
 1265  328.17 shall apply. If the proceeds under s. 328.17 are not
 1266  sufficient to pay all removal costs, funds appropriated from the
 1267  Marine Resources Conservation Trust Fund pursuant to paragraph
 1268  (6)(b) or s. 328.72(15)(c) s. 328.72(16) may be used.
 1269         (8)The owner or operator of a live-aboard vessel as
 1270  defined in s. 327.02(23), or a houseboat as defined in s.
 1271  327.02(17), that is equipped with a marine sanitation device
 1272  must maintain a record of the date of each pumpout of the marine
 1273  sanitation device and the location of the pumpout station or
 1274  waste reception facility. Each record must be maintained for 1
 1275  year after the date of the pumpout. This subsection does not
 1276  apply to marine compost toilets that process and manage human
 1277  waste using marine compost toilet technologies that comply with
 1278  United States Coast Guard requirements.
 1279         Section 21. Subsection (2) of section 327.54, Florida
 1280  Statutes, is amended to read:
 1281         327.54 Liveries; safety regulations; penalty.—
 1282         (2) A livery may not knowingly lease, hire, or rent a any
 1283  vessel powered by a motor of 10 horsepower or greater to a any
 1284  person who is required to comply with s. 327.395, unless such
 1285  person presents to the livery the documentation required by s.
 1286  327.395(2) for the operation of a vessel photographic
 1287  identification and a valid boater safety identification card as
 1288  required under s. 327.395(1), or meets the exemption provided
 1289  under s. 327.395(6)(f).
 1290         Section 22. Subsection (5) of section 327.60, Florida
 1291  Statutes, is amended to read:
 1292         327.60 Local regulations; limitations.—
 1293         (5) A local government may enact and enforce regulations to
 1294  implement the procedures for abandoned or lost property that
 1295  allow the local law enforcement agency to remove a vessel
 1296  affixed to a public dock or mooring within its jurisdiction that
 1297  is abandoned or lost property pursuant to s. 705.103(1). Such
 1298  regulation must require the local law enforcement agency to post
 1299  a written notice at least 24 hours before removing the vessel.
 1300         Section 23. Paragraphs (q), (s), and (aa) of subsection (1)
 1301  of section 327.73, Florida Statutes, are amended, and paragraphs
 1302  (cc) and (dd) are added to that subsection, to read:
 1303         327.73 Noncriminal infractions.—
 1304         (1) Violations of the following provisions of the vessel
 1305  laws of this state are noncriminal infractions:
 1306         (q) Section 327.53(1), (2), and (3), and (8), relating to
 1307  marine sanitation.
 1308         (s) Section 327.395, relating to boater safety education.
 1309  However, a person cited for violating the requirements of s.
 1310  327.395 relating to failure to have required proof of boating
 1311  safety education in his or her possession may not be convicted
 1312  if, before or at the time of a county court hearing, the person
 1313  produces proof of the boating safety education identification
 1314  card or temporary certificate for verification by the hearing
 1315  officer or the court clerk and the identification card or
 1316  temporary certificate was valid at the time the person was
 1317  cited.
 1318         (aa) Section 327.4107, relating to vessels at risk of
 1319  becoming derelict on waters of this state, for which the civil
 1320  penalty is:
 1321         1. For a first offense, $100 $50.
 1322         2. For a second offense occurring 30 days or more after a
 1323  first offense, $250 $100.
 1324         3. For a third or subsequent offense occurring 30 days or
 1325  more after a previous offense, $500 $250.
 1326  
 1327  A vessel that is the subject of three or more violations issued
 1328  pursuant to the same paragraph of s. 327.4107(2) within an 18
 1329  month period which result in dispositions other than acquittal
 1330  or dismissal shall be declared to be a public nuisance and
 1331  subject to ss. 705.103(2) and (4) and 823.11(3). The commission,
 1332  an officer of the commission, or a law enforcement agency or
 1333  officer specified in s. 327.70 may relocate, remove, or cause to
 1334  be relocated or removed such public nuisance vessels from waters
 1335  of this state. The commission, an officer of the commission, or
 1336  a law enforcement agency or officer acting pursuant to this
 1337  paragraph upon waters of this state shall be held harmless for
 1338  all damages to the vessel resulting from such relocation or
 1339  removal unless the damage results from gross negligence or
 1340  willful misconduct as these terms are defined in s. 823.11.
 1341         (cc)Section 327.463(4)(a) and (b), relating to vessels
 1342  creating special hazards, for which the penalty is:
 1343         1.For a first offense, $50.
 1344         2.For a second offense occurring within 12 months after a
 1345  prior offense, $100.
 1346         3.For a third offense occurring within 36 months after a
 1347  prior offense, $250.
 1348         (dd)Section 327.371, relating to the regulation of human
 1349  powered vessels.
 1350  
 1351  Any person cited for a violation of any provision of this
 1352  subsection shall be deemed to be charged with a noncriminal
 1353  infraction, shall be cited for such an infraction, and shall be
 1354  cited to appear before the county court. The civil penalty for
 1355  any such infraction is $50, except as otherwise provided in this
 1356  section. Any person who fails to appear or otherwise properly
 1357  respond to a uniform boating citation shall, in addition to the
 1358  charge relating to the violation of the boating laws of this
 1359  state, be charged with the offense of failing to respond to such
 1360  citation and, upon conviction, be guilty of a misdemeanor of the
 1361  second degree, punishable as provided in s. 775.082 or s.
 1362  775.083. A written warning to this effect shall be provided at
 1363  the time such uniform boating citation is issued.
 1364         Section 24. Subsection (4) of section 328.09, Florida
 1365  Statutes, is amended to read:
 1366         328.09 Refusal to issue and authority to cancel a
 1367  certificate of title or registration.—
 1368         (4) The department may not issue a certificate of title to
 1369  an any applicant for a any vessel that has been deemed derelict
 1370  by a law enforcement officer under s. 376.15 or s. 823.11. A law
 1371  enforcement officer must inform the department in writing, which
 1372  may be provided by facsimile, electronic mail, or other
 1373  electronic means, of the vessel’s derelict status and supply the
 1374  department with the vessel title number or vessel identification
 1375  number. The department may issue a certificate of title once a
 1376  law enforcement officer has verified in writing, which may be
 1377  provided by facsimile, electronic mail, or other electronic
 1378  means, that the vessel is no longer a derelict vessel.
 1379         Section 25. Effective July 1, 2023, paragraph (e) of
 1380  subsection (3) of section 328.09, Florida Statutes, as amended
 1381  by section 12 of chapter 2019-76, Laws of Florida, is amended to
 1382  read:
 1383         328.09 Refusal to issue and authority to cancel a
 1384  certificate of title or registration.—
 1385         (3) Except as otherwise provided in subsection (4), the
 1386  department may reject an application for a certificate of title
 1387  only if:
 1388         (e) The application is for a vessel that has been deemed
 1389  derelict by a law enforcement officer under s. 376.15 or s.
 1390  823.11. In such case, a law enforcement officer must inform the
 1391  department in writing, which may be provided by facsimile, e
 1392  mail, or other electronic means, of the vessel’s derelict status
 1393  and supply the department with the vessel title number or vessel
 1394  identification number. The department may issue a certificate of
 1395  title once a law enforcement officer has verified in writing,
 1396  which may be provided by facsimile, e-mail, or other electronic
 1397  means, that the vessel is no longer a derelict vessel.
 1398         Section 26. Section 376.15, Florida Statutes, is amended to
 1399  read:
 1400         376.15 Derelict vessels; relocation or removal from public
 1401  waters of this state.—
 1402         (1) As used in this section, the term:
 1403         (a) “Commission” means the Fish and Wildlife Conservation
 1404  Commission.
 1405         (b) “Gross negligence” means conduct so reckless or wanting
 1406  in care that it constitutes a conscious disregard or
 1407  indifference to the safety of the property exposed to such
 1408  conduct.
 1409         (c) “Willful misconduct” means conduct evidencing
 1410  carelessness or negligence of such a degree or recurrence as to
 1411  manifest culpability, wrongful intent, or evil design or to show
 1412  an intentional and substantial disregard of the interests of the
 1413  vessel owner.
 1414         (2)(a) It is unlawful for any person, firm, or corporation
 1415  to store, leave, or abandon any derelict vessel as defined in s.
 1416  823.11 upon the waters of in this state. For purposes of this
 1417  paragraph, the term “leave” means to allow a vessel to remain
 1418  occupied or unoccupied on the waters of this state for more than
 1419  24 hours.
 1420         (b)Notwithstanding paragraph (a), a person who owns or
 1421  operates a vessel that becomes derelict upon the waters of this
 1422  state solely as a result of a boating accident that is reported
 1423  to law enforcement in accordance with s. 327.301 or otherwise
 1424  reported to law enforcement; a hurricane; or another sudden
 1425  event outside of his or her control may not be charged with a
 1426  violation if:
 1427         1.The individual documents for law enforcement the
 1428  specific event that led to the vessel being derelict upon the
 1429  waters of this state; and
 1430         2.The vessel has been removed from the waters of this
 1431  state or has been repaired or addressed such that it is no
 1432  longer derelict upon the waters of this state:
 1433         a.For a vessel that has become derelict as a result of a
 1434  boating accident or other sudden event outside of his or her
 1435  control, within 7 days after such accident or event; or
 1436         b.Within 45 days after the hurricane has passed over this
 1437  state.
 1438         (c)This subsection does not apply to a vessel that was
 1439  derelict upon the waters of this state before the stated
 1440  accident or event.
 1441         (3)(a) The commission, an officer officers of the
 1442  commission, or a and any law enforcement agency or officer
 1443  specified in s. 327.70 may are authorized and empowered to
 1444  relocate, remove, store, destroy, or dispose of or cause to be
 1445  relocated, or removed, stored, destroyed, or disposed of a any
 1446  derelict vessel as defined in s. 823.11 from public waters of
 1447  this state as defined in s. 327.02. All costs, including costs
 1448  owed to a third party, incurred by the commission or other law
 1449  enforcement agency in the relocation, or removal, storage,
 1450  destruction, or disposal of any abandoned or derelict vessel are
 1451  recoverable against the owner of the vessel or the party
 1452  determined to be legally responsible for the vessel being upon
 1453  the waters of this state in a derelict condition. The Department
 1454  of Legal Affairs shall represent the commission in actions to
 1455  recover such costs.
 1456         (b) The commission, an officer officers of the commission,
 1457  or a and any other law enforcement agency or officer specified
 1458  in s. 327.70 acting pursuant to under this section to relocate,
 1459  remove, store, destroy, or dispose of or cause to be relocated,
 1460  or removed, stored, destroyed, or disposed of a derelict vessel
 1461  from public waters of this state as defined in s. 327.02 shall
 1462  be held harmless for all damages to the derelict vessel
 1463  resulting from such action relocation or removal unless the
 1464  damage results from gross negligence or willful misconduct as
 1465  these terms are defined in s. 823.11.
 1466         (c) A contractor performing relocation or removal
 1467  activities at the direction of the commission, an officer
 1468  officers of the commission, or a law enforcement agency or
 1469  officer, or a governmental subdivision, when the governmental
 1470  subdivision has received authorization for the relocation or
 1471  removal from a law enforcement officer or agency pursuant to
 1472  this section, must be licensed in accordance with applicable
 1473  United States Coast Guard regulations where required; obtain and
 1474  carry in full force and effect a policy from a licensed
 1475  insurance carrier in this state to insure against any accident,
 1476  loss, injury, property damage, or other casualty caused by or
 1477  resulting from the contractor’s actions; and be properly
 1478  equipped to perform the services to be provided.
 1479         (d) The commission may establish a program to provide
 1480  grants to local governments for the removal, storage,
 1481  destruction, and disposal of derelict vessels from the public
 1482  waters of this the state as defined in s. 327.02. The program
 1483  shall be funded from the Marine Resources Conservation Trust
 1484  Fund or the Florida Coastal Protection Trust Fund.
 1485  Notwithstanding the provisions in s. 216.181(11), funds
 1486  available for grants may only be authorized by appropriations
 1487  acts of the Legislature. In a given fiscal year, if all funds
 1488  appropriated pursuant to this paragraph are not requested by and
 1489  granted to local governments for the removal, storage,
 1490  destruction, and disposal of derelict vessels by the end of the
 1491  third quarter, the Fish and Wildlife Conservation Commission may
 1492  use the remainder of the funds to remove, store, destroy, and
 1493  dispose of, or to pay private contractors to remove, store,
 1494  destroy, and dispose of, derelict vessels.
 1495         (e) The commission shall adopt by rule procedures for
 1496  submitting a grant application and criteria for allocating
 1497  available funds. Such criteria shall include, but not be limited
 1498  to, the following:
 1499         1. The number of derelict vessels within the jurisdiction
 1500  of the applicant.
 1501         2. The threat posed by such vessels to public health or
 1502  safety, the environment, navigation, or the aesthetic condition
 1503  of the general vicinity.
 1504         3. The degree of commitment of the local government to
 1505  maintain waters free of abandoned and derelict vessels and to
 1506  seek legal action against those who abandon vessels in the
 1507  waters of this the state as defined in s. 327.02.
 1508         (f) This section constitutes the authority for such removal
 1509  but is not intended to be in contravention of any applicable
 1510  federal act.
 1511         Section 27. Subsections (2) and (4) of section 705.103,
 1512  Florida Statutes, are amended to read:
 1513         705.103 Procedure for abandoned or lost property.—
 1514         (2)(a)1. Whenever a law enforcement officer ascertains
 1515  that:
 1516         a. An article of lost or abandoned property other than a
 1517  derelict vessel or a vessel declared a public nuisance pursuant
 1518  to s. 327.73(1)(aa) is present on public property and is of such
 1519  nature that it cannot be easily removed, the officer shall cause
 1520  a notice to be placed upon such article in substantially the
 1521  following form:
 1522  
 1523  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1524  PROPERTY. This property, to wit: ...(setting forth brief
 1525  description)... is unlawfully upon public property known as
 1526  ...(setting forth brief description of location)... and must be
 1527  removed within 5 days; otherwise, it will be removed and
 1528  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1529  will be liable for the costs of removal, storage, and
 1530  publication of notice. Dated this: ...(setting forth the date of
 1531  posting of notice)..., signed: ...(setting forth name, title,
 1532  address, and telephone number of law enforcement officer)....
 1533  
 1534         b.A derelict vessel or a vessel declared a public nuisance
 1535  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1536  state, the officer shall cause a notice to be placed upon such
 1537  vessel in substantially the following form:
 1538  
 1539  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1540  VESSEL. This vessel, to wit: ...(setting forth brief
 1541  description)... has been determined to be (derelict or a public
 1542  nuisance) and is unlawfully upon waters of this state
 1543  ...(setting forth brief description of location)... and must be
 1544  removed within 21 days; otherwise, it will be removed and
 1545  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1546  and other interested parties have the right to a hearing to
 1547  challenge the determination that this vessel is derelict or
 1548  otherwise in violation of the law. Please contact ...(contact
 1549  information for person who can arrange for a hearing in
 1550  accordance with this section).... The owner or the party
 1551  determined to be legally responsible for the vessel being upon
 1552  the waters of this state in a derelict condition will be liable
 1553  for the costs of removal, destruction, and disposal if this
 1554  vessel is not removed by the owner. Dated this: ...(setting
 1555  forth the date of posting of notice)..., signed: ...(setting
 1556  forth name, title, address, and telephone number of law
 1557  enforcement officer)....
 1558         2.The notices required under subparagraph 1. may Such
 1559  notice shall be not be less than 8 inches by 10 inches and shall
 1560  be sufficiently weatherproof to withstand normal exposure to the
 1561  elements. In addition to posting, the law enforcement officer
 1562  shall make a reasonable effort to ascertain the name and address
 1563  of the owner. If such is reasonably available to the officer,
 1564  she or he shall mail a copy of such notice to the owner on or
 1565  before the date of posting. If the property is a motor vehicle
 1566  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1567  the law enforcement agency shall contact the Department of
 1568  Highway Safety and Motor Vehicles in order to determine the name
 1569  and address of the owner and any person who has filed a lien on
 1570  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1571  328.15(1). On receipt of this information, the law enforcement
 1572  agency shall mail a copy of the notice by certified mail, return
 1573  receipt requested, to the owner and to the lienholder, if any,
 1574  except that a law enforcement officer who has issued a citation
 1575  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1576  derelict vessel is not required to mail a copy of the notice by
 1577  certified mail, return receipt requested, to the owner. For a
 1578  derelict vessel or a vessel declared a public nuisance pursuant
 1579  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1580  responsible party that he or she has a right to a hearing to
 1581  dispute the determination that the vessel is derelict or
 1582  otherwise in violation of the law. If a request for a hearing is
 1583  made, a state agency shall follow the processes set forth in s.
 1584  120.569. Local governmental entities shall follow the processes
 1585  set forth in s. 120.569, except that a local judge, magistrate,
 1586  or code enforcement officer may be designated to conduct such a
 1587  hearing. If, at the end of 5 days after posting the notice in
 1588  sub-subparagraph 1.a., or at the end of 21 days after posting
 1589  the notice in sub-subparagraph 1.b., and mailing such notice, if
 1590  required, the owner or any person interested in the lost or
 1591  abandoned article or articles described has not removed the
 1592  article or articles from public property or shown reasonable
 1593  cause for failure to do so, and, in the case of a derelict
 1594  vessel or a vessel declared a public nuisance pursuant to s.
 1595  327.73(1)(aa), has not requested a hearing in accordance with
 1596  this section, the following shall apply:
 1597         a.(a) For abandoned property other than a derelict vessel
 1598  or a vessel declared a public nuisance pursuant to s.
 1599  327.73(1)(aa), the law enforcement agency may retain any or all
 1600  of the property for its own use or for use by the state or unit
 1601  of local government, trade such property to another unit of
 1602  local government or state agency, donate the property to a
 1603  charitable organization, sell the property, or notify the
 1604  appropriate refuse removal service.
 1605         b.For a derelict vessel or a vessel declared a public
 1606  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1607  agency or its designee may:
 1608         (I)Remove the vessel from the waters of this state and
 1609  destroy and dispose of the vessel or authorize another
 1610  governmental entity or its designee to do so; or
 1611         (II)Authorize the vessel’s use as an artificial reef in
 1612  accordance with s. 379.249 if all necessary federal, state, and
 1613  local authorizations are received.
 1614  
 1615  A law enforcement agency or its designee may also take action as
 1616  described in this sub-subparagraph if, following a hearing
 1617  pursuant to this section, the judge, magistrate, administrative
 1618  law judge, or hearing officer has determined the vessel to be
 1619  derelict as provided in s. 823.11 or otherwise in violation of
 1620  the law in accordance with s. 327.73(1)(aa) and a final order
 1621  has been entered or the case is otherwise closed.
 1622         (b) For lost property, the officer shall take custody and
 1623  the agency shall retain custody of the property for 90 days. The
 1624  agency shall publish notice of the intended disposition of the
 1625  property, as provided in this section, during the first 45 days
 1626  of this time period.
 1627         1. If the agency elects to retain the property for use by
 1628  the unit of government, donate the property to a charitable
 1629  organization, surrender such property to the finder, sell the
 1630  property, or trade the property to another unit of local
 1631  government or state agency, notice of such election shall be
 1632  given by an advertisement published once a week for 2
 1633  consecutive weeks in a newspaper of general circulation in the
 1634  county where the property was found if the value of the property
 1635  is more than $100. If the value of the property is $100 or less,
 1636  notice shall be given by posting a description of the property
 1637  at the law enforcement agency where the property was turned in.
 1638  The notice must be posted for not less than 2 consecutive weeks
 1639  in a public place designated by the law enforcement agency. The
 1640  notice must describe the property in a manner reasonably
 1641  adequate to permit the rightful owner of the property to claim
 1642  it.
 1643         2. If the agency elects to sell the property, it must do so
 1644  at public sale by competitive bidding. Notice of the time and
 1645  place of the sale shall be given by an advertisement of the sale
 1646  published once a week for 2 consecutive weeks in a newspaper of
 1647  general circulation in the county where the sale is to be held.
 1648  The notice shall include a statement that the sale shall be
 1649  subject to any and all liens. The sale must be held at the
 1650  nearest suitable place to that where the lost or abandoned
 1651  property is held or stored. The advertisement must include a
 1652  description of the goods and the time and place of the sale. The
 1653  sale may take place no earlier than 10 days after the final
 1654  publication. If there is no newspaper of general circulation in
 1655  the county where the sale is to be held, the advertisement shall
 1656  be posted at the door of the courthouse and at three other
 1657  public places in the county at least 10 days prior to sale.
 1658  Notice of the agency’s intended disposition shall describe the
 1659  property in a manner reasonably adequate to permit the rightful
 1660  owner of the property to identify it.
 1661         (4) The owner of any abandoned or lost property, or in the
 1662  case of a derelict vessel, the owner or other party determined
 1663  to be legally responsible for the vessel being upon the waters
 1664  of this state in a derelict condition, who, after notice as
 1665  provided in this section, does not remove such property within
 1666  the specified period shall be liable to the law enforcement
 1667  agency, other governmental entity, or the agency’s or entity’s
 1668  designee for all costs of removal, storage, and destruction of
 1669  such property, less any salvage value obtained by disposal of
 1670  the property. Upon final disposition of the property, the law
 1671  enforcement officer or representative of the law enforcement
 1672  agency or other governmental entity shall notify the owner, if
 1673  known, of the amount owed. In the case of an abandoned vessel or
 1674  motor vehicle, any person who neglects or refuses to pay such
 1675  amount is not entitled to be issued a certificate of
 1676  registration for such vessel or motor vehicle, or any other
 1677  vessel or motor vehicle, until such costs have been paid. A
 1678  person who has neglected or refused to pay all costs of removal,
 1679  storage, disposal, and destruction of a vessel or motor vehicle
 1680  as provided in this section, after having been provided written
 1681  notice via certified mail that such costs are owed, and who
 1682  applies for and is issued a registration for a vessel or motor
 1683  vehicle before such costs have been paid in full commits a
 1684  misdemeanor of the first degree, punishable as provided in s.
 1685  775.082 or s. 775.083. The law enforcement officer or
 1686  representative of the law enforcement agency or other
 1687  governmental entity shall supply the Department of Highway
 1688  Safety and Motor Vehicles with a list of persons whose vessel
 1689  registration privileges and or whose motor vehicle privileges
 1690  have been revoked under this subsection. Neither The department
 1691  or a nor any other person acting as an agent of the department
 1692  may not thereof shall issue a certificate of registration to a
 1693  person whose vessel and or motor vehicle registration privileges
 1694  have been revoked, as provided by this subsection, until such
 1695  costs have been paid.
 1696         Section 28. Effective July 1, 2023, subsection (2) of
 1697  section 705.103, Florida Statutes, as amended by section 29 of
 1698  chapter 2019-76, Laws of Florida, is amended to read:
 1699         705.103 Procedure for abandoned or lost property.—
 1700         (2)(a)1. Whenever a law enforcement officer ascertains
 1701  that:
 1702         a. An article of lost or abandoned property other than a
 1703  derelict vessel or a vessel declared a public nuisance pursuant
 1704  to s. 327.73(1)(aa) is present on public property and is of such
 1705  nature that it cannot be easily removed, the officer shall cause
 1706  a notice to be placed upon such article in substantially the
 1707  following form:
 1708  
 1709  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1710  PROPERTY. This property, to wit: ...(setting forth brief
 1711  description)... is unlawfully upon public property known as
 1712  ...(setting forth brief description of location)... and must be
 1713  removed within 5 days; otherwise, it will be removed and
 1714  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1715  will be liable for the costs of removal, storage, and
 1716  publication of notice. Dated this: ...(setting forth the date of
 1717  posting of notice)..., signed: ...(setting forth name, title,
 1718  address, and telephone number of law enforcement officer)....
 1719  
 1720         b.A derelict vessel or a vessel declared a public nuisance
 1721  pursuant to s. 327.73(1)(aa) is present on the waters of this
 1722  state, the officer shall cause a notice to be placed upon such
 1723  vessel in substantially the following form:
 1724  
 1725  NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
 1726  VESSEL. This vessel, to wit: ...(setting forth brief description
 1727  of location)... has been determined to be (derelict or a public
 1728  nuisance) and is unlawfully upon the waters of this state
 1729  ...(setting forth brief description of location)... and must be
 1730  removed within 21 days; otherwise, it will be removed and
 1731  disposed of pursuant to chapter 705, Florida Statutes. The owner
 1732  and other interested parties have the right to a hearing to
 1733  challenge the determination that this vessel is derelict or
 1734  otherwise in violation of the law. Please contact ...(contact
 1735  information for person who can arrange for a hearing in
 1736  accordance with this section)... The owner or the party
 1737  determined to be legally responsible for the vessel being upon
 1738  the waters of this state in a derelict condition will be liable
 1739  for the costs of removal, destruction, and disposal if this
 1740  vessel is not removed by the owner. Dated this: ...(setting
 1741  forth the date of posting of notice)..., signed: ...(setting
 1742  forth name, title, address, and telephone number of law
 1743  enforcement officer)....
 1744  
 1745         2.The notices required under subparagraph 1. may Such
 1746  notice shall be not be less than 8 inches by 10 inches and shall
 1747  be sufficiently weatherproof to withstand normal exposure to the
 1748  elements. In addition to posting, the law enforcement officer
 1749  shall make a reasonable effort to ascertain the name and address
 1750  of the owner. If such is reasonably available to the officer,
 1751  she or he shall mail a copy of such notice to the owner on or
 1752  before the date of posting. If the property is a motor vehicle
 1753  as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
 1754  the law enforcement agency shall contact the Department of
 1755  Highway Safety and Motor Vehicles in order to determine the name
 1756  and address of the owner and any person who has filed a lien on
 1757  the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
 1758  328.15. On receipt of this information, the law enforcement
 1759  agency shall mail a copy of the notice by certified mail, return
 1760  receipt requested, to the owner and to the lienholder, if any,
 1761  except that a law enforcement officer who has issued a citation
 1762  for a violation of s. 376.15 or s. 823.11 to the owner of a
 1763  derelict vessel is not required to mail a copy of the notice by
 1764  certified mail, return receipt requested, to the owner. For a
 1765  derelict vessel or a vessel declared a public nuisance pursuant
 1766  to s. 327.73(1)(aa), the mailed notice must inform the owner or
 1767  responsible party that he or she has a right to a hearing to
 1768  dispute the determination that the vessel is derelict or
 1769  otherwise in violation of the law. If a request for a hearing is
 1770  made, a state agency shall follow the processes as set forth in
 1771  s. 120.569. Local governmental entities shall follow the
 1772  processes set forth in s. 120.569, except that a local judge,
 1773  magistrate, or code enforcement officer may be designated to
 1774  conduct such a hearing. If, at the end of 5 days after posting
 1775  the notice in sub-subparagraph 1.a., or at the end of 21 days
 1776  after posting the notice in sub-subparagraph 1.b., and mailing
 1777  such notice, if required, the owner or any person interested in
 1778  the lost or abandoned article or articles described has not
 1779  removed the article or articles from public property or shown
 1780  reasonable cause for failure to do so, and, in the case of a
 1781  derelict vessel or a vessel declared a public nuisance pursuant
 1782  to s. 327.73(1)(aa), has not requested a hearing in accordance
 1783  with this section, the following shall apply:
 1784         a.(a) For abandoned property other than a derelict vessel
 1785  or a vessel declared a public nuisance pursuant to s.
 1786  327.73(1)(aa), the law enforcement agency may retain any or all
 1787  of the property for its own use or for use by the state or unit
 1788  of local government, trade such property to another unit of
 1789  local government or state agency, donate the property to a
 1790  charitable organization, sell the property, or notify the
 1791  appropriate refuse removal service.
 1792         b.For a derelict vessel or a vessel declared a public
 1793  nuisance pursuant to s. 327.73(1)(aa), the law enforcement
 1794  agency or its designee may:
 1795         (I)Remove the vessel from the waters of this state and
 1796  destroy and dispose of the vessel or authorize another
 1797  governmental entity or its designee to do so; or
 1798         (II)Authorize the vessel’s use as an artificial reef in
 1799  accordance with s. 379.249 if all necessary federal, state, and
 1800  local authorizations are received.
 1801  
 1802  A law enforcement agency or its designee may also take action as
 1803  described in this sub-subparagraph if, following a hearing
 1804  pursuant to this section, the judge, magistrate, administrative
 1805  law judge, or hearing officer has determined the vessel to be
 1806  derelict as provided in s. 823.11 or otherwise in violation of
 1807  the law in accordance with s. 327.73(1)(aa) and a final order
 1808  has been entered or the case is otherwise closed.
 1809         (b) For lost property, the officer shall take custody and
 1810  the agency shall retain custody of the property for 90 days. The
 1811  agency shall publish notice of the intended disposition of the
 1812  property, as provided in this section, during the first 45 days
 1813  of this time period.
 1814         1. If the agency elects to retain the property for use by
 1815  the unit of government, donate the property to a charitable
 1816  organization, surrender such property to the finder, sell the
 1817  property, or trade the property to another unit of local
 1818  government or state agency, notice of such election shall be
 1819  given by an advertisement published once a week for 2
 1820  consecutive weeks in a newspaper of general circulation in the
 1821  county where the property was found if the value of the property
 1822  is more than $100. If the value of the property is $100 or less,
 1823  notice shall be given by posting a description of the property
 1824  at the law enforcement agency where the property was turned in.
 1825  The notice must be posted for not less than 2 consecutive weeks
 1826  in a public place designated by the law enforcement agency. The
 1827  notice must describe the property in a manner reasonably
 1828  adequate to permit the rightful owner of the property to claim
 1829  it.
 1830         2. If the agency elects to sell the property, it must do so
 1831  at public sale by competitive bidding. Notice of the time and
 1832  place of the sale shall be given by an advertisement of the sale
 1833  published once a week for 2 consecutive weeks in a newspaper of
 1834  general circulation in the county where the sale is to be held.
 1835  The notice shall include a statement that the sale shall be
 1836  subject to any and all liens. The sale must be held at the
 1837  nearest suitable place to that where the lost or abandoned
 1838  property is held or stored. The advertisement must include a
 1839  description of the goods and the time and place of the sale. The
 1840  sale may take place no earlier than 10 days after the final
 1841  publication. If there is no newspaper of general circulation in
 1842  the county where the sale is to be held, the advertisement shall
 1843  be posted at the door of the courthouse and at three other
 1844  public places in the county at least 10 days prior to sale.
 1845  Notice of the agency’s intended disposition shall describe the
 1846  property in a manner reasonably adequate to permit the rightful
 1847  owner of the property to identify it.
 1848         Section 29. Subsections (1), (2), and (3) of section
 1849  823.11, Florida Statutes, are amended to read:
 1850         823.11 Derelict vessels; relocation or removal; penalty.—
 1851         (1) As used in this section and s. 376.15, the term:
 1852         (a) “Commission” means the Fish and Wildlife Conservation
 1853  Commission.
 1854         (b) “Derelict vessel” means a vessel, as defined in s.
 1855  327.02, that is left, stored, or abandoned:
 1856         1. In a wrecked, junked, or substantially dismantled
 1857  condition upon any public waters of this state.
 1858         a.A vessel is wrecked if it is sunken or sinking; aground
 1859  without the ability to extricate itself absent mechanical
 1860  assistance; or remaining after a marine casualty, including, but
 1861  not limited to, a boating accident, extreme weather, or a fire.
 1862         b.A vessel is junked if it has been substantially stripped
 1863  of vessel components, if vessel components have substantially
 1864  degraded or been destroyed, or if the vessel has been discarded
 1865  by the owner or operator. Attaching an outboard motor to a
 1866  vessel that is otherwise junked will not cause the vessel to no
 1867  longer be junked if such motor is not an effective means of
 1868  propulsion as required by s. 327.4107(2)(e) and associated
 1869  rules.
 1870         c.A vessel is substantially dismantled if at least two of
 1871  the three following vessel systems or components are missing,
 1872  compromised, incomplete, inoperable, or broken:
 1873         (I)The steering system;
 1874         (II)The propulsion system; or
 1875         (III)The exterior hull integrity.
 1876  
 1877  Attaching an outboard motor to a vessel that is otherwise
 1878  substantially dismantled will not cause the vessel to no longer
 1879  be substantially dismantled if such motor is not an effective
 1880  means of propulsion as required by s. 327.4107(2)(e) and
 1881  associated rules.
 1882         2. At a port in this state without the consent of the
 1883  agency having jurisdiction thereof.
 1884         3. Docked, grounded, or beached upon the property of
 1885  another without the consent of the owner of the property.
 1886         (c) “Gross negligence” means conduct so reckless or wanting
 1887  in care that it constitutes a conscious disregard or
 1888  indifference to the safety of the property exposed to such
 1889  conduct.
 1890         (d) “Willful misconduct” means conduct evidencing
 1891  carelessness or negligence of such a degree or recurrence as to
 1892  manifest culpability, wrongful intent, or evil design or to show
 1893  an intentional and substantial disregard of the interests of the
 1894  vessel owner.
 1895         (2)(a)It is unlawful for A person, firm, or corporation
 1896  may not to store, leave, or abandon any derelict vessel upon
 1897  waters of in this state. For purposes of this paragraph, the
 1898  term “leave” means to allow a vessel to remain occupied or
 1899  unoccupied on the waters of this state for more than 24 hours.
 1900         (b)Notwithstanding paragraph (a), a person who owns or
 1901  operates a vessel that becomes derelict upon the waters of this
 1902  state solely as a result of a boating accident that is reported
 1903  to law enforcement in accordance with s. 327.301 or otherwise
 1904  reported to law enforcement; a hurricane; or another sudden
 1905  event outside of his or her control may not be charged with a
 1906  violation if:
 1907         1.The individual documents for law enforcement the
 1908  specific event that led to the vessel being derelict upon the
 1909  waters of this state; and
 1910         2.The vessel has been removed from the waters of this
 1911  state or has been repaired or addressed such that it is no
 1912  longer derelict upon the waters of this state:
 1913         a.For a vessel that has become derelict as a result of a
 1914  boating accident or other sudden event outside of his or her
 1915  control, within 7 days after such accident or event; or
 1916         b.Within 45 days after the hurricane has passed over the
 1917  state.
 1918         (c)This subsection does not apply to a vessel that was
 1919  derelict upon the waters of this state before the stated
 1920  accident or event.
 1921         (3) The commission, an officer officers of the commission,
 1922  or a and any law enforcement agency or officer specified in s.
 1923  327.70 may are authorized and empowered to relocate, remove,
 1924  store, destroy, or dispose of or cause to be relocated, or
 1925  removed, stored, destroyed, or disposed of a derelict vessel
 1926  from public waters of this state as defined in s. 327.02 if the
 1927  derelict vessel obstructs or threatens to obstruct navigation or
 1928  in any way constitutes a danger to the environment, property, or
 1929  persons. The commission, an officer officers of the commission,
 1930  or any other law enforcement agency or officer acting pursuant
 1931  to under this subsection to relocate, remove, store, destroy,
 1932  dispose of or cause to be relocated, or removed, stored,
 1933  destroyed, or disposed of a derelict vessel from public waters
 1934  of this state shall be held harmless for all damages to the
 1935  derelict vessel resulting from such action relocation or removal
 1936  unless the damage results from gross negligence or willful
 1937  misconduct.
 1938         (a) Removal of derelict vessels under this subsection may
 1939  be funded by grants provided in ss. 206.606 and 376.15. The
 1940  commission shall implement a plan for the procurement of any
 1941  available federal disaster funds and use such funds for the
 1942  removal of derelict vessels.
 1943         (b) All costs, including costs owed to a third party,
 1944  incurred by the commission, another or other law enforcement
 1945  agency, or a governmental subdivision, when the governmental
 1946  subdivision has received authorization from a law enforcement
 1947  officer or agency, in the relocation, or removal, storage,
 1948  destruction, or disposal of a derelict vessel are recoverable
 1949  against the vessel owner or the party determined to be legally
 1950  responsible for the vessel being upon the waters of this state
 1951  in a derelict condition. The Department of Legal Affairs shall
 1952  represent the commission in actions to recover such costs. As
 1953  provided in s. 705.103(4), a person who neglects or refuses to
 1954  pay such costs may not be issued a certificate of registration
 1955  for such vessel or for any other vessel or motor vehicle until
 1956  such costs have been paid. A person who has neglected or refused
 1957  to pay all costs of removal, storage, destruction, or disposal
 1958  of a derelict vessel as provided in this section, after having
 1959  been provided written notice via certified mail that such costs
 1960  are owed, and who applies for and is issued a registration for a
 1961  vessel or motor vehicle before such costs have been paid in full
 1962  commits a misdemeanor of the first degree, punishable as
 1963  provided in s. 775.082 or s. 775.083.
 1964         (c) A contractor performing such relocation or removal
 1965  activities at the direction of the commission, an officer
 1966  officers of the commission, or a law enforcement agency or
 1967  officer, or a governmental subdivision, when the governmental
 1968  subdivision has received authorization for the relocation or
 1969  removal from a law enforcement officer or agency, pursuant to
 1970  this section must be licensed in accordance with applicable
 1971  United States Coast Guard regulations where required; obtain and
 1972  carry in full force and effect a policy from a licensed
 1973  insurance carrier in this state to insure against any accident,
 1974  loss, injury, property damage, or other casualty caused by or
 1975  resulting from the contractor’s actions; and be properly
 1976  equipped to perform the services to be provided.
 1977         Section 30. Except as otherwise expressly provided in this
 1978  act, this act shall take effect July 1, 2021.

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