Bill Text: FL S1086 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Operation and Safety of Motor Vehicles and Vessels
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-07-06 - Chapter No. 2021-184, companion bill(s) passed, see CS/CS/CS/SB 1946 (Ch. 2021-192) [S1086 Detail]
Download: Florida-2021-S1086-Comm_Sub.html
Bill Title: Operation and Safety of Motor Vehicles and Vessels
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-07-06 - Chapter No. 2021-184, companion bill(s) passed, see CS/CS/CS/SB 1946 (Ch. 2021-192) [S1086 Detail]
Download: Florida-2021-S1086-Comm_Sub.html
Florida Senate - 2021 CS for SB 1086 By the Committee on Environment and Natural Resources; and Senator Hutson 592-02886-21 20211086c1 1 A bill to be entitled 2 An act relating to operation and safety of motor 3 vehicles and vessels; amending ss. 316.1932 and 4 316.1939, F.S.; revising conditions under which a 5 person’s driving privilege is suspended and under 6 which the person commits a misdemeanor relating to 7 tests for alcohol, chemical substances, or controlled 8 substances; specifying such misdemeanor as a 9 misdemeanor of the first degree; amending s. 327.02, 10 F.S.; defining the term “human-powered vessel”; 11 revising the definition of the term “navigation 12 rules”; amending s. 327.04, F.S.; providing additional 13 rulemaking authority to the Fish and Wildlife 14 Conservation Commission; creating s. 327.462, F.S.; 15 defining terms; authorizing heads of certain entities 16 to establish temporary protection zones in certain 17 water bodies for certain purposes; providing 18 protection zone requirements; requiring reports of 19 establishment of such protection zones to the 20 commission and to the appropriate United States Coast 21 Guard Sector Command; providing report requirements; 22 providing applicability; providing penalties; amending 23 ss. 327.352 and 327.359, F.S.; revising conditions 24 under which a person commits a misdemeanor the first 25 degree for refusing to submit to certain tests; 26 creating s. 327.371, F.S.; providing circumstances 27 under which a person may operate a human-powered 28 vessel within the boundaries of the marked channel of 29 the Florida Intracoastal Waterway; providing a 30 penalty; amending s. 327.391, F.S.; conforming cross 31 references; amending s. 327.395, F.S.; removing 32 authority of the commission to appoint certain 33 entities to administer a boating safety education 34 course or temporary certificate examination and issue 35 certain credentials; exempting certain persons from 36 the requirement to possess certain documents aboard a 37 vessel; amending s. 327.4107, F.S.; revising the 38 conditions under which officers may determine a vessel 39 is at risk of becoming derelict; authorizing certain 40 officers to provide notice that a vessel is at risk of 41 becoming derelict via body camera recordings; 42 authorizing the commission or certain officers to 43 relocate at-risk vessels to a certain distance from 44 mangroves or vegetation; providing that the commission 45 or officers are not liable for damages to such 46 vessels; providing an exception; authorizing the 47 commission to establish a derelict vessel prevention 48 program consisting of certain components; authorizing 49 the commission to adopt rules; providing that such 50 program is subject to appropriation by the 51 Legislature; providing for funding; amending s. 52 327.4108, F.S.; designating Monroe County as an 53 anchoring limitation area subject to certain 54 requirements; requiring the commission to adopt rules; 55 providing applicability; deleting obsolete language; 56 amending s. 327.4109, F.S.; prohibiting the anchoring 57 or mooring of a vessel or floating structure within a 58 certain distance of certain facilities; providing 59 exceptions; amending s. 327.45, F.S.; authorizing the 60 commission to establish protection zones where certain 61 activities are prohibited in or near springs; amending 62 s. 327.46, F.S.; authorizing a county or municipality 63 to establish a boating-restricted area within and 64 around a public mooring field and within certain 65 portions of the Florida Intracoastal Waterway; 66 providing an exception with respect to a certain 67 vessel-exclusion zone; creating s. 327.463, F.S.; 68 specifying conditions under which a vessel is and is 69 not operating at slow speed, minimum wake; prohibiting 70 a person from operating a vessel faster than slow 71 speed, minimum wake within a certain distance from 72 other specified vessels; exempting a person from being 73 cited for a violation under certain circumstances; 74 providing penalties; providing applicability; amending 75 s. 327.50, F.S.; authorizing the commission to exempt 76 vessel owners and operators from certain safety 77 equipment requirements; amending s. 327.53, F.S.; 78 requiring the owner or operator of a live-aboard 79 vessel or houseboat equipped with a marine sanitation 80 device to maintain a record of the date and location 81 of each pumpout of the device for a certain period; 82 conforming a cross-reference; making technical 83 changes; amending s. 327.54, F.S.; prohibiting a 84 livery from leasing, hiring, or renting a vessel to a 85 person required to complete a commission-approved 86 boating safety education course unless such person 87 presents certain documentation indicating compliance; 88 amending s. 327.60, F.S.; authorizing a local 89 government to enact and enforce regulations allowing 90 the local law enforcement agency to remove an 91 abandoned or lost vessel affixed to a public mooring; 92 amending s. 327.73, F.S.; providing additional 93 violations that qualify as noncriminal infractions; 94 providing civil penalties; prohibiting conviction of a 95 person cited for a violation relating to possessing 96 proof of boating safety education under certain 97 circumstances; increasing certain civil penalties; 98 providing that certain vessels shall be declared a 99 public nuisance subject to certain statutory 100 provisions; authorizing the commission or certain 101 officers to relocate or remove public nuisance vessels 102 from the waters of this state; providing that the 103 commission or officers are not liable for damages to 104 such vessels; providing an exception; amending s. 105 328.09, F.S.; prohibiting the Department of Highway 106 Safety and Motor Vehicles from issuing a certificate 107 of title to an applicant for a vessel that has been 108 deemed derelict pursuant to certain provisions; 109 authorizing the department, at a later date, to reject 110 an application for a certificate of title for such a 111 vessel; amending s. 376.15, F.S.; revising unlawful 112 acts relating to derelict vessels; defining the term 113 “leave”; prohibiting an owner or operator whose vessel 114 becomes derelict due to specified accidents or events 115 from being charged with a violation under certain 116 circumstances; providing applicability; conforming 117 provisions to changes made by the act; authorizing a 118 governmental subdivision that has received 119 authorization from a law enforcement officer or agency 120 to direct a contractor to perform vessel storage, 121 destruction, and disposal activities; authorizing the 122 commission to provide local government grants for the 123 storage, destruction, and disposal of derelict 124 vessels; providing for funding; amending s. 705.103, 125 F.S.; providing notice procedures for when a law 126 enforcement officer ascertains that a derelict or 127 public nuisance vessel is present on the waters of 128 this state; requiring a mailed notice to the owner or 129 party responsible for the vessel to inform him or her 130 of the right to a hearing; providing hearing 131 requirements; authorizing a law enforcement agency to 132 take certain actions if a hearing is not requested or 133 a vessel is determined to be derelict or otherwise in 134 violation of law; revising provisions relating to 135 liability for vessel removal costs and notification of 136 the amount owed; providing penalties for a person who 137 is issued a registration for a vessel or motor vehicle 138 before such costs are paid; requiring persons whose 139 vessel registration and motor vehicle privileges have 140 been revoked for failure to pay certain costs to be 141 reported to the department; prohibiting issuance of a 142 certificate of registration to such persons until such 143 costs are paid; amending s. 823.11, F.S.; revising 144 application of definitions; revising the definition of 145 the term “derelict vessel”; specifying requirements 146 for a vessel to be considered wrecked, junked, or 147 substantially dismantled; providing construction; 148 revising unlawful acts relating to derelict vessels; 149 defining the term “leave”; prohibiting an owner or 150 operator whose vessel becomes derelict due to 151 specified accidents or events from being charged with 152 a violation under certain circumstances; providing 153 applicability; providing that relocation or removal 154 costs incurred by a governmental subdivision are 155 recoverable against the vessel owner or the party 156 determined to be legally responsible for the vessel 157 being derelict; providing penalties for a person who 158 is issued a registration for a vessel or motor vehicle 159 before such costs are paid; authorizing a governmental 160 subdivision that has received authorization from a law 161 enforcement officer or agency to direct a contractor 162 to perform vessel relocation or removal activities; 163 providing effective dates. 164 165 Be It Enacted by the Legislature of the State of Florida: 166 167 Section 1. Paragraphs (a) and (c) of subsection (1) of 168 section 316.1932, Florida Statutes, are amended to read: 169 316.1932 Tests for alcohol, chemical substances, or 170 controlled substances; implied consent; refusal.— 171 (1)(a)1.a. AAnyperson who accepts the privilege extended 172 by the laws of this state of operating a motor vehicle within 173 this state is, bysooperating such vehicle, deemed to have 174 given his or her consent to submit to an approved chemical test 175 or physical test including, but not limited to, an infrared 176 light test of his or her breath for the purpose of determining 177 the alcoholic content of his or her blood or breath if the 178 person is lawfully arrested for any offense allegedly committed 179 while the person was driving or was in actual physical control 180 of a motor vehicle while under the influence of alcoholic 181 beverages. The chemical or physical breath test must be 182 incidental to a lawful arrest and administered at the request of 183 a law enforcement officer who has reasonable cause to believe 184 such person was driving or was in actual physical control of the 185 motor vehicle within this state while under the influence of 186 alcoholic beverages. The administration of a breath test does 187 not preclude the administration of another type of test. The 188 person shall be told that his or her failure to submit to any 189 lawful test of his or her breath will result in the suspension 190 of the person’s privilege to operate a motor vehicle for a 191 period of 1 year for a first refusal, or for a period of 18 192 months if the driving privilege of such person has been 193 previously suspended or if he or she has previously been fined 194 under s. 327.35215 as a result of a refusal to submit tosucha 195 test or tests required under this chapter or chapter 327, and 196 shall also be told that if he or she refuses to submit to a 197 lawful test of his or her breath and his or her driving 198 privilege has been previously suspended or if he or she has 199 previously been fined under s. 327.35215 for a prior refusal to 200 submit to a lawful test of his or her breath, urine, or blood as 201 required under this chapter or chapter 327, he or she commits a 202 misdemeanor of the first degree, punishable as provided in s. 203 775.082 or s. 775.083, in addition to any other penalties 204 provided by law. The refusal to submit to a chemical or physical 205 breath test upon the request of a law enforcement officer as 206 provided in this section is admissible into evidence in any 207 criminal proceeding. 208 b. AAnyperson who accepts the privilege extended by the 209 laws of this state of operating a motor vehicle within this 210 state is, bysooperating such vehicle, deemed to have given his 211 or her consent to submit to a urine test for the purpose of 212 detecting the presence of chemical substances as set forth in s. 213 877.111 or controlled substances if the person is lawfully 214 arrested for any offense allegedly committed while the person 215 was driving or was in actual physical control of a motor vehicle 216 while under the influence of chemical substances or controlled 217 substances. The urine test must be incidental to a lawful arrest 218 and administered at a detention facility or any other facility, 219 mobile or otherwise, which is equipped to administer such tests 220 at the request of a law enforcement officer who has reasonable 221 cause to believe such person was driving or was in actual 222 physical control of a motor vehicle within this state while 223 under the influence of chemical substances or controlled 224 substances. The urine test shall be administered at a detention 225 facility or any other facility, mobile or otherwise, which is 226 equipped to administer such test in a reasonable manner that 227 will ensure the accuracy of the specimen and maintain the 228 privacy of the individual involved. The administration of a 229 urine test does not preclude the administration of another type 230 of test. The person shall be told that his or her failure to 231 submit to any lawful test of his or her urine will result in the 232 suspension of the person’s privilege to operate a motor vehicle 233 for a period of 1 year for the first refusal, or for a period of 234 18 months if the driving privilege of such person has been 235 previously suspended or if he or she has previously been fined 236 under s. 327.35215 as a result of a refusal to submit tosucha 237 test or tests required under this chapter or chapter 327, and 238 shall also be told that if he or she refuses to submit to a 239 lawful test of his or her urine and his or her driving privilege 240 has been previously suspended or if he or she has previously 241 been fined under s. 327.35215 for a prior refusal to submit to a 242 lawful test of his or her breath, urine, or blood as required 243 under this chapter or chapter 327, he or she commits a 244 misdemeanor of the first degree, punishable as provided in s. 245 775.082 or s. 775.083, in addition to any other penalties 246 provided by law. The refusal to submit to a urine test upon the 247 request of a law enforcement officer as provided in this section 248 is admissible into evidence in any criminal proceeding. 249 2. The Alcohol Testing Program within the Department of Law 250 Enforcement is responsible for the regulation of the operation, 251 inspection, and registration of breath test instruments utilized 252 under the driving and boating under the influence provisions and 253 related provisions located in this chapter and chapters 322 and 254 327. The program is responsible for the regulation of the 255 individuals who operate, inspect, and instruct on the breath 256 test instruments utilized in the driving and boating under the 257 influence provisions and related provisions located in this 258 chapter and chapters 322 and 327. The program is further 259 responsible for the regulation of blood analysts who conduct 260 blood testing to be utilized under the driving and boating under 261 the influence provisions and related provisions located in this 262 chapter and chapters 322 and 327. The program shall: 263 a. Establish uniform criteria for the issuance of permits 264 to breath test operators, agency inspectors, instructors, blood 265 analysts, and instruments. 266 b. Have the authority to permit breath test operators, 267 agency inspectors, instructors, blood analysts, and instruments. 268 c. Have the authority to discipline and suspend, revoke, or 269 renew the permits of breath test operators, agency inspectors, 270 instructors, blood analysts, and instruments. 271 d. Establish uniform requirements for instruction and 272 curricula for the operation and inspection of approved 273 instruments. 274 e. Have the authority to specify one approved curriculum 275 for the operation and inspection of approved instruments. 276 f. Establish a procedure for the approval of breath test 277 operator and agency inspector classes. 278 g. Have the authority to approve or disapprove breath test 279 instruments and accompanying paraphernalia for use pursuant to 280 the driving and boating under the influence provisions and 281 related provisions located in this chapter and chapters 322 and 282 327. 283 h. With the approval of the executive director of the 284 Department of Law Enforcement, make and enter into contracts and 285 agreements with other agencies, organizations, associations, 286 corporations, individuals, or federal agencies as are necessary, 287 expedient, or incidental to the performance of duties. 288 i. Issue final orders which include findings of fact and 289 conclusions of law and which constitute final agency action for 290 the purpose of chapter 120. 291 j. Enforce compliance withthe provisions ofthis section 292 through civil or administrative proceedings. 293 k. Make recommendations concerning any matter within the 294 purview of this section, this chapter, chapter 322, or chapter 295 327. 296 l. Promulgate rules for the administration and 297 implementation of this section, including definitions of terms. 298 m. Consult and cooperate with other entities for the 299 purpose of implementing the mandates of this section. 300 n. Have the authority to approve the type of blood test 301 utilized under the driving and boating under the influence 302 provisions and related provisions located in this chapter and 303 chapters 322 and 327. 304 o. Have the authority to specify techniques and methods for 305 breath alcohol testing and blood testing utilized under the 306 driving and boating under the influence provisions and related 307 provisions located in this chapter and chapters 322 and 327. 308 p. Have the authority to approve repair facilities for the 309 approved breath test instruments, including the authority to set 310 criteria for approval. 311 312 Nothing in this section shall be construed to supersede 313 provisions in this chapter and chapters 322 and 327. The 314 specifications in this section are derived from the power and 315 authority previously and currently possessed by the Department 316 of Law Enforcement and are enumerated to conform with the 317 mandates of chapter 99-379, Laws of Florida. 318 (c) AAnyperson who accepts the privilege extended by the 319 laws of this state of operating a motor vehicle within this 320 state is, by operating such vehicle, deemed to have given his or 321 her consent to submit to an approved blood test for the purpose 322 of determining the alcoholic content of the blood or a blood 323 test for the purpose of determining the presence of chemical 324 substances or controlled substances as provided in this section 325 if there is reasonable cause to believe the person was driving 326 or in actual physical control of a motor vehicle while under the 327 influence of alcoholic beverages or chemical or controlled 328 substances and the person appears for treatment at a hospital, 329 clinic, or other medical facility and the administration of a 330 breath or urine test is impractical or impossible. As used in 331 this paragraph, the term “other medical facility” includes an 332 ambulance or other medical emergency vehicle. The blood test 333 shall be performed in a reasonable manner. AAnyperson who is 334 incapable of refusal by reason of unconsciousness or other 335 mental or physical condition is deemed not to have withdrawn his 336 or her consent to such test. A blood test may be administered 337 whether or not the person is told that his or her failure to 338 submit to such a blood test will result in the suspension of the 339 person’s privilege to operate a motor vehicle upon the public 340 highways of this state and that a refusal to submit to a lawful 341 test of his or her blood, if his or her driving privilege has 342 been previously suspended for refusal to submit to a lawful test 343 of his or her breath, urine, or blood, is a misdemeanor. AAny344 person who is capable of refusal shall be told that his or her 345 failure to submit to such a blood test will result in the 346 suspension of the person’s privilege to operate a motor vehicle 347 for a period of 1 year for a first refusal, or for a period of 348 18 months if the driving privilege of the person has been 349 suspended previously or if he or she has previously been fined 350 under s. 327.35215 as a result of a refusal to submit tosucha 351 test or tests required under this chapter or chapter 327, and352that a refusal to submit to a lawful test of his or her blood,353if his or her driving privilege has been previously suspended354for a prior refusal to submit to a lawful test of his or her355breath, urine, or blood, is a misdemeanor. The refusal to submit 356 to a blood test upon the request of a law enforcement officer is 357 admissible in evidence in any criminal proceeding. 358 Section 2. Subsection (1) of section 316.1939, Florida 359 Statutes, is amended to read: 360 316.1939 Refusal to submit to testing; penalties.— 361 (1) AAnyperson who has refused to submit to a chemical or 362 physical test of his or her breath, blood,or urine, as 363 described in s. 316.1932, and whose driving privilege was 364 previously suspended or who was previously fined under s. 365 327.35215 for a prior refusal to submit to a lawful test of his 366 or her breath, urine, or blood required under this chapter or 367 chapter 327, and: 368 (a) Who the arresting law enforcement officer had probable 369 cause to believe was driving or in actual physical control of a 370 motor vehicle in this state while under the influence of 371 alcoholic beverages, chemical substances, or controlled 372 substances; 373 (b) Who was placed under lawful arrest for a violation of 374 s. 316.193 unless such test was requested pursuant to s. 375 316.1932(1)(c); 376 (c) Who was informed that, if he or she refused to submit 377 to such test, his or her privilege to operate a motor vehicle 378 would be suspended for a period of 1 year or, in the case of a 379 second or subsequent refusal, for a period of 18 months; 380 (d) Who was informed that a refusal to submit to a lawful 381 test of his or her breath or,urine,or blood,if his or her 382 driving privilege has been previously suspended or if he or she 383 has previously been fined under s. 327.35215 for a prior refusal 384 to submit to a lawful test of his or her breath, urine, or blood 385 as required under this chapter or chapter 327, is a misdemeanor 386 of the first degree, punishable as provided in s. 775.082 or s. 387 775.083, in addition to any other penalties provided by law; and 388 (e) Who, after having been so informed, refused to submit 389 to any such test when requested to do so by a law enforcement 390 officer or correctional officer 391 392 commits a misdemeanor of the first degree and is subject to 393 punishment as provided in s. 775.082 or s. 775.083. 394 Section 3. Present subsections (18) through (47) of section 395 327.02, Florida Statutes, are redesignated as subsections (19) 396 through (48), respectively, a new subsection (18) is added to 397 that section, and present subsection (31) of that section is 398 amended, to read: 399 327.02 Definitions.—As used in this chapter and in chapter 400 328, unless the context clearly requires a different meaning, 401 the term: 402 (18) “Human-powered vessel” means a vessel powered only by 403 its occupant or occupants, including, but not limited to, a 404 vessel powered only by the occupants’ hands or feet, oars, or 405 paddles. 406 (32)(31)“Navigation rules” means, for vessels on: 407 (a) Waters outside established navigational lines of 408 demarcation as specified in 33 C.F.R. part 80, the International 409 Navigational Rules Act of 1977, 33 U.S.C. s. 1602, as amended, 410 including the appendix and annexes thereto, through December 31, 411 2020October 1, 2012. 412 (b) All waters not outside of such established lines of 413 demarcation, the Inland Navigational Rules Act of 1980, 33 414 C.F.R. parts 83-90, as amended, through December 31, 2020 415October 1, 2012. 416 Section 4. Section 327.04, Florida Statutes, is amended to 417 read: 418 327.04 Rules.—The commission mayhas authority toadopt 419 rules pursuant to ss. 120.536(1) and 120.54 to implementthe420provisions ofthis chapter, the provisions of chapter 705 421 relating to vessels, and ss. 376.15 and 823.11 conferring powers 422 or duties upon it. 423 Section 5. Section 327.462, Florida Statutes, is created to 424 read: 425 327.462 Temporary protection zones for spaceflight launches 426 and recovery of spaceflight assets.— 427 (1) As used in this section, the term: 428 (a) “Launch services” means the conduct of a launch and 429 activities involved in the preparation of a launch vehicle, 430 payload, government astronaut, commercial astronaut, or 431 spaceflight participant for such launch. 432 (b) “Reentry services” means the conduct of a reentry and 433 activities involved in the preparation of a reentry vehicle, 434 payload, government astronaut, commercial astronaut, or 435 spaceflight participant for such reentry. 436 (c) “Spaceflight assets” means any item, or any part of an 437 item, owned by a spaceflight entity which is used in launch 438 services or reentry services, including crewed and uncrewed 439 spacecraft, launch vehicles, parachutes and other landing aids, 440 and any spacecraft or ancillary equipment that was attached to 441 the launch vehicle during launch, orbit, or reentry. 442 (d) “Spaceflight entity” has the same meaning as provided 443 in s. 331.501. 444 (2) The head of a law enforcement agency or entity 445 identified in s. 327.70(1), or his or her designee, may, upon 446 waters of this state within the law enforcement agency’s or 447 entity’s jurisdiction, when necessary for preparations in 448 advance of a launch service or reentry service or for the 449 recovery of spaceflight assets before or after a launch service 450 or reentry service, temporarily establish a protection zone 451 requiring vessels to leave, or prohibiting vessels from 452 entering, water bodies within: 453 (a) Five hundred yards of where launch services, reentry 454 services, or spaceflight asset recovery operations are being 455 conducted; or 456 (b) A distance greater than provided in paragraph (a) if 457 the head of such law enforcement agency or entity, or his or her 458 designee, determines such greater distance is in the best 459 interest of public safety. 460 (3) A protection zone established under subsection (2) may 461 remain in effect only as long as necessary to ensure security 462 around the launch and recovery areas and to recover spaceflight 463 assets and any personnel being transported within a spacecraft 464 following the launch or reentry activity. Such protection zone 465 may not be in place more than 72 hours before or 72 hours after 466 the launch. The head of a law enforcement agency or entity 467 identified in s. 327.70(1), or his or her designee, may also 468 restrict vessels from operating within up to 500 yards of any 469 vessel transporting recovered spaceflight assets following a 470 spaceflight launch or reentry while such vessel is continuously 471 underway transporting such assets to a location for removal from 472 the waters of this state. 473 (4) The head of a law enforcement agency or entity 474 establishing a protection zone under this section, or his or her 475 designee, must report the establishment of such protection zone 476 via e-mail to the commission’s Division of Law Enforcement, 477 Boating and Waterways Section, and to the appropriate United 478 States Coast Guard Sector Command having responsibility over the 479 water body, at least 72 hours before establishment of the 480 protection zone. Such report must include the reasons for the 481 protection zone, the portion of the water body or water bodies 482 which will be included in the protection zone, and the duration 483 of the protection zone. No later than 72 hours after the end of 484 the protection zone period, the head of the law enforcement 485 agency or entity, or his or her designee, must report via e-mail 486 to the commission’s Division of Law Enforcement, Boating and 487 Waterways Section, the details of all citations issued for 488 violating the protection zone. 489 (5) This section applies only to launch services, reentry 490 services, or the recovery of spaceflight assets occurring or 491 originating within spaceport territory, as defined in s. 492 331.304, and to federally licensed or federally authorized 493 launches and reentries occurring or transiting to an end 494 destination upon waters of this state. 495 (6) A person who violates this section or any directive 496 given by a law enforcement officer relating to the establishment 497 of a protection zone under this section after being advised of 498 the establishment of the protection zone commits a misdemeanor 499 of the second degree, punishable as provided in s. 775.082 or s. 500 775.083. 501 Section 6. Paragraphs (a) and (c) of subsection (1) of 502 section 327.352, Florida Statutes, are amended to read: 503 327.352 Tests for alcohol, chemical substances, or 504 controlled substances; implied consent; refusal.— 505 (1)(a)1. The Legislature declares that the operation of a 506 vessel is a privilege that must be exercised in a reasonable 507 manner. In order to protect the public health and safety, it is 508 essential that a lawful and effective means of reducing the 509 incidence of boating while impaired or intoxicated be 510 established. Therefore, aanyperson who accepts the privilege 511 extended by the laws of this state of operating a vessel within 512 this state is, bysooperating such vessel, deemed to have given 513 his or her consent to submit to an approved chemical test or 514 physical test including, but not limited to, an infrared light 515 test of his or her breath for the purpose of determining the 516 alcoholic content of his or her blood or breath if the person is 517 lawfully arrested for any offense allegedly committed while the 518 person was operating a vessel while under the influence of 519 alcoholic beverages. The chemical or physical breath test must 520 be incidental to a lawful arrest and administered at the request 521 of a law enforcement officer who has reasonable cause to believe 522 such person was operating the vessel within this state while 523 under the influence of alcoholic beverages. The administration 524 of a breath test does not preclude the administration of another 525 type of test. The person shall be told that his or her failure 526 to submit to any lawful test of his or her breath under this 527 chapter will result in a civil penalty of $500, and shall also 528 be told that if he or she refuses to submit to a lawful test of 529 his or her breath and he or she has been previously fined under 530 s. 327.35215 or has previously had his or her driver license 531 suspended under s. 322.2615 for refusal to submit to any lawful 532 test of his or her breath, urine, or blood, he or she commits a 533 misdemeanor of the first degree, punishable as provided in s. 534 775.082 or s. 775.083, in addition to any other penalties 535 provided by law. The refusal to submit to a chemical or physical 536 breath test upon the request of a law enforcement officer as 537 provided in this section is admissible into evidence in any 538 criminal proceeding. 539 2. AAnyperson who accepts the privilege extended by the 540 laws of this state of operating a vessel within this state is, 541 bysooperating such vessel, deemed to have given his or her 542 consent to submit to a urine test for the purpose of detecting 543 the presence of chemical substances as set forth in s. 877.111 544 or controlled substances if the person is lawfully arrested for 545 any offense allegedly committed while the person was operating a 546 vessel while under the influence of chemical substances or 547 controlled substances. The urine test must be incidental to a 548 lawful arrest and administered at a detention facility or any 549 other facility, mobile or otherwise, which is equipped to 550 administer such tests at the request of a law enforcement 551 officer who has reasonable cause to believe such person was 552 operating a vessel within this state while under the influence 553 of chemical substances or controlled substances. The urine test 554 shall be administered at a detention facility or any other 555 facility, mobile or otherwise, which is equipped to administer 556 such test in a reasonable manner that will ensure the accuracy 557 of the specimen and maintain the privacy of the individual 558 involved. The administration of a urine test does not preclude 559 the administration of another type of test. The person shall be 560 told that his or her failure to submit to any lawful test of his 561 or her urine under this chapter will result in a civil penalty 562 of $500, and shall also be told that if he or she refuses to 563 submit to a lawful test of his or her urine and he or she has 564 been previously fined under s. 327.35215 or has previously had 565 his or her driver license suspended under s. 322.2615 for 566 refusal to submit to any lawful test of his or her breath, 567 urine, or blood, he or she commits a misdemeanor of the first 568 degree, punishable as provided in s. 775.082 or s. 775.083, in 569 addition to any other penalties provided by law. The refusal to 570 submit to a urine test upon the request of a law enforcement 571 officer as provided in this section is admissible into evidence 572 in any criminal proceeding. 573 (c) AAnyperson who accepts the privilege extended by the 574 laws of this state of operating a vessel within this state is, 575 by operating such vessel, deemed to have given his or her 576 consent to submit to an approved blood test for the purpose of 577 determining the alcoholic content of the blood or a blood test 578 for the purpose of determining the presence of chemical 579 substances or controlled substances as provided in this section 580 if there is reasonable cause to believe the person was operating 581 a vessel while under the influence of alcoholic beverages or 582 chemical or controlled substances and the person appears for 583 treatment at a hospital, clinic, or other medical facility and 584 the administration of a breath or urine test is impractical or 585 impossible. As used in this paragraph, the term “other medical 586 facility” includes an ambulance or other medical emergency 587 vehicle. The blood test shall be performed in a reasonable 588 manner. AAnyperson who is incapable of refusal by reason of 589 unconsciousness or other mental or physical condition is deemed 590 not to have withdrawn his or her consent to such test. AAny591 person who is capable of refusal shall be told that his or her 592 failure to submit to such a blood test will result in a civil 593 penalty of $500and that a refusal to submit to a lawful test of594his or her blood, if he or she has previously been fined for595refusal to submit to any lawful test of his or her breath,596urine, or blood, is a misdemeanor. The refusal to submit to a 597 blood test upon the request of a law enforcement officer shall 598 be admissible in evidence in any criminal proceeding. 599 Section 7. Section 327.359, Florida Statutes, is amended to 600 read: 601 327.359 Refusal to submit to testing; penalties.—AAny602 person who has refused to submit to a chemical or physical test 603 of his or her breath, blood,or urine, as described in s. 604 327.352, and who has been previously fined under s. 327.35215 or 605 has previously had his or her driver license suspended under s. 606 322.2615 for refusal to submit to a lawful test of his or her 607 breath, urine, or blood, and: 608 (1) Who the arresting law enforcement officer had probable 609 cause to believe was operating or in actual physical control of 610 a vessel in this state while under the influence of alcoholic 611 beverages, chemical substances, or controlled substances; 612 (2) Who was placed under lawful arrest for a violation of 613 s. 327.35 unless such test was requested pursuant to s. 614 327.352(1)(c); 615 (3) Who was informed that if he or she refused to submit to 616 such test, he or she is subject to a fine of $500; 617 (4) Who was informed that a refusal to submit to a lawful 618 test of his or her breath or,urine, or blood, if he or she has 619 been previously fined under s. 327.35215 or has previously had 620 his or her driver license suspended under s. 322.2615 for 621 refusal to submit to a lawful test of his or her breath, urine, 622 or blood, is a misdemeanor of the first degree, punishable as 623 provided in s. 775.082 or s. 775.083; and 624 (5) Who, after having been so informed, refused to submit 625 to any such test when requested to do so by a law enforcement 626 officer or correctional officer 627 628 commits a misdemeanor of the first degree, punishableand is629subject to punishmentas provided in s. 775.082 or s. 775.083. 630 Section 8. Section 327.371, Florida Statutes, is created to 631 read: 632 327.371 Human-powered vessels regulated.— 633 (1) A person may operate a human-powered vessel within the 634 boundaries of the marked channel of the Florida Intracoastal 635 Waterway as defined in s. 327.02: 636 (a) When the marked channel is the only navigable portion 637 of the waterway available due to vessel congestion or 638 obstructions on the water. The operator of the human-powered 639 vessel shall proceed with diligence to a location where he or 640 she may safely operate the vessel outside the marked channel of 641 the Florida Intracoastal Waterway. 642 (b) When crossing the marked channel, provided that the 643 crossing is done in the most direct, continuous, and expeditious 644 manner possible and does not interfere with other vessel traffic 645 in the channel. 646 (c) During an emergency endangering life or limb. 647 (2) A person may not operate a human-powered vessel in the 648 marked channel of the Florida Intracoastal Waterway except as 649 provided in subsection (1). 650 (3) A person who violates this section commits a 651 noncriminal infraction, punishable as provided in s. 327.73. 652 Section 9. Subsection (1) and paragraphs (a) and (b) of 653 subsection (5) of section 327.391, Florida Statutes, are amended 654 to read: 655 327.391 Airboats regulated.— 656 (1) The exhaust of every internal combustion engine used on 657 any airboat operated on the waters of this state shall be 658 provided with an automotive-style factory muffler, underwater 659 exhaust, or other manufactured device capable of adequately 660 muffling the sound of the exhaust of the engine as described in 661 s. 327.02(31)s. 327.02(30). The use of cutouts or flex pipe as 662 the sole source of muffling is prohibited, except as provided in 663 subsection (4). AAnyperson who violates this subsection 664 commits a noncriminal infraction, punishable as provided in s. 665 327.73(1). 666 (5)(a)Beginning July 1, 2019,A person may not operate an 667 airboat to carry one or more passengers for hire on waters of 668 thisthestate unless he or she has all of the following onboard 669 the airboat: 670 1. A photographic identification card. 671 2. Proof of completion of a boater education course that 672 complies with s. 327.395(2)(a)s. 327.395(1)(a). Except as 673 provided in paragraph (b), no operator is exempt from this 674 requirement, regardless of age or the exemptions provided under 675 s. 327.395. 676 3. Proof of successful completion of a commission-approved 677 airboat operator course that meets the minimum standards 678 established by commission rule. 679 4. Proof of successful course completion in cardiopulmonary 680 resuscitation and first aid. 681 (b) A person issued a captain’s license by the United 682 States Coast Guard is not required to complete a boating safety 683 education course that complies with s. 327.395(2)(a)s.684327.395(1)(a). Proof of the captain’s license must be onboard 685 the airboat when carrying one or more passengers for hire on 686 waters of thisthestate. 687 Section 10. Section 327.395, Florida Statutes, is amended 688 to read: 689 327.395 Boating safety education.— 690 (1) A person born on or after January 1, 1988, may not 691 operate a vessel powered by a motor of 10 horsepower or greater 692 unless such person has in his or her possession aboard the 693 vessel the documents required by subsection (2). 694 (2) While operating a vessel, a person identified under 695 subsection (1) must have in his or her possession aboard the 696 vessel photographic identification and a boating safety 697 identification card issued by the commission, a state-issued 698 identification card or driver license indicating possession of 699 the boating safety identification card, or photographic 700 identification and a temporary certificate issued or approved by 701 the commission, which shows that he or she has: 702 (a) Completed a commission-approved boating safety 703 education course that meets the minimum requirements established 704 by the National Association of State Boating Law Administrators; 705 or 706 (b) Passed a temporary certificate examination developed or 707 approved by the commission. 708 (3)(a)(2)(a)A person may obtain a boating safety 709 identification card by successfully completing a boating safety 710 education course that meets the requirements of this section and 711 rules adopted by the commission pursuant to this section. 712 (b) A person may obtain a temporary certificate by passing 713 a temporary certificate examination that meets the requirements 714 of this section and rules adopted by the commission pursuant to 715 this section. 716 (4)(3)AAnycommission-approved boating safety education 717 course or temporary certificate examination developed or 718 approved by the commission must include a component regarding 719 diving vessels, awareness of divers in the water, divers-down 720 warning devices, and the requirements of s. 327.331. 721(4)The commission may appoint liveries, marinas, or other722persons as its agents to administer the course or temporary723certificate examination and issue identification cards or724temporary certificates in digital, electronic, or paper format725under guidelines established by the commission. An agent must726charge the $2 examination fee, which must be forwarded to the727commission with proof of passage of the examination and may728charge and keep a $1 service fee.729 (5) A boating safety identification card issued to a person 730 who has completed a boating safety education course is valid for 731 life. A temporary certificate issued to a person who has passed 732 a temporary certification examination is valid for 90 days after 733 the date of issuance. The commission may issue either the 734 boating safety identification card or the temporary certificate 735 in a digital, electronic, or paper format. 736 (6) A person is exempt from subsection (1) if he or she: 737 (a)1. Is licensed by the United States Coast Guard to serve 738 as master of a vessel; 739 2. Has been previously licensed by the United States Coast 740 Guard to serve as master of a vessel, provides proof of such 741 licensure to the commission, and requests that a boating safety 742 identification card be issued in his or her name; or 743 3. Possesses an International Certificate of Competence in 744 sailing. 745 (b) Operates a vessel only on a private lake or pond. 746 (c) Is accompanied in the vessel by a person who is exempt 747 from this section or who holds a boating safety identification 748 card in compliance with this section, who is 18 years of age or 749 older, and who is attendant to the operation of the vessel and 750 responsible for the safe operation of the vessel and for any 751 violation that occurs during the operation of the vessel. 752 (d) Is a nonresident who has in his or her possession 753 photographic identification and proof that he or she has 754 completed a boating safety education course or equivalency 755 examination in another state or a United States territory which 756 meets or exceeds the minimum requirements established by the 757 National Association of State Boating Law Administrators. 758 (e) Is operating a vessel within 90 days after the purchase 759 of that vessel and has available for inspection aboard that 760 vessel a bill of sale meeting the requirements of s. 328.46(1). 761 (f) Is operating a vessel within 90 days after completing a 762 boating safety education course in accordance with paragraph 763 (2)(a)the requirements of paragraph (1)(a)and has a 764 photographic identification card and a boating safety education 765 certificate available for inspection as proof of having 766 completed a boating safety education course. The boating safety 767 education certificate must provide, at a minimum, the student’s 768 first and last name, the student’s date of birth, and the date 769 that he or she passed the course examination. 770 (g) Is exempted by rule of the commission. 771 (7) A person who operates a vessel in violation of this 772 sectionsubsection (1)commits a noncriminal infraction, 773 punishable as provided in s. 327.73. 774 (8) The commission shall institute and coordinate a 775 statewide program of boating safety instruction and 776 certification to ensure that boating safety courses and 777 examinations are available in each county of thisthestate. The 778 commission may appoint agents to administer the boating safety 779 education course or temporary certificate examination and may 780 authorize the agents to issue temporary certificates in digital, 781 electronic, or paper format. An agentThe agentsshall charge 782 and collect the $2 fee required in subsection (9) for each 783 temporary certificate requested of the commission by that agent, 784 which must be forwarded to the commission. The agent may charge 785 and keep a $1 service fee. 786 (9) The commission mayis authorized toestablish andto787 collect a $2 fee for each card and temporary certificate issued 788 pursuant to this section. 789 (10) The commission shall design forms and adopt rules 790 pursuant to chapter 120 to implementthe provisions ofthis 791 section. 792 (11) This section may be cited as the “Osmany ‘Ozzie’ 793 Castellanos Boating Safety Education Act.” 794 Section 11. Present subsection (5) of section 327.4107, 795 Florida Statutes, is redesignated as subsection (6), a new 796 subsection (5) and subsection (7) are added to that section, and 797 paragraphs (d) and (e) of subsection (2) of that section are 798 amended, to read: 799 327.4107 Vessels at risk of becoming derelict on waters of 800 this state.— 801 (2) An officer of the commission or of a law enforcement 802 agency specified in s. 327.70 may determine that a vessel is at 803 risk of becoming derelict if any of the following conditions 804 exist: 805 (d) The vessel isleft or stored aground unattended in such806a state that would prevent the vessel from getting underway, is807 listing due to water intrusion, or is sunk or partially sunk. 808 (e) The vessel does not have an effective means of 809 propulsion for safe navigation within 72 hours after the vessel 810 owner or operator receives telephonic notice, in-person notice 811 recorded on an agency-approved body camera, or written notice, 812 which may be provided by facsimile, electronic mail, or other 813 electronic means, stating such from an officer, and the vessel 814 owner or operator is unable to provide a receipt, proof of 815 purchase, or other documentation of having ordered necessary 816 parts for vessel repair. The commission may adopt rules to 817 implement this paragraph. 818 (5) The commission, an officer of the commission, or a law 819 enforcement agency or officer specified in s. 327.70 may 820 relocate or cause to be relocated an at-risk vessel found to be 821 in violation of this section to a distance greater than 20 feet 822 from a mangrove or upland vegetation. The commission, an officer 823 of the commission, or a law enforcement agency or officer acting 824 pursuant to this subsection upon waters of this state shall be 825 held harmless for all damages to the at-risk vessel resulting 826 from such relocation unless the damage results from gross 827 negligence or willful misconduct as these terms are defined in 828 s. 823.11. 829 (7) The commission may establish a derelict vessel 830 prevention program to address vessels at risk of becoming 831 derelict. Such program may, but is not required to, include: 832 (a) Removal, relocation, and destruction of vessels 833 declared a public nuisance, derelict or at risk of becoming 834 derelict, or lost or abandoned in accordance with s. 327.53(7), 835 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3). 836 (b) Creation of a vessel turn-in program allowing the owner 837 of a vessel determined by law enforcement to be at risk of 838 becoming derelict in accordance with this section to turn his or 839 her vessel and vessel title over to the commission to be 840 destroyed without penalty. 841 (c) Providing for removal and destruction of an abandoned 842 vessel for which an owner cannot be identified or the owner of 843 which is deceased and no heir is interested in acquiring the 844 vessel. 845 (d) Purchase of anchor line, anchors, and other equipment 846 necessary for securing vessels at risk of becoming derelict. 847 (e) Creating or acquiring moorings designated for securing 848 vessels at risk of becoming derelict. 849 850 The commission may adopt rules to implement this subsection. 851 Implementation of the derelict vessel prevention program shall 852 be subject to appropriation by the Legislature and shall be 853 funded by the Marine Resources Conservation Trust Fund or the 854 Florida Coastal Protection Trust Fund. 855 Section 12. Section 327.4108, Florida Statutes, is amended 856 to read: 857 327.4108 Anchoring of vessels in anchoring limitation 858 areas.— 859 (1) The following densely populated urban areas, which have 860 narrow state waterways, residential docking facilities, and 861 significant recreational boating traffic, are designated as 862 anchoring limitation areas, within which a person may not anchor 863 a vessel at any time during the period between one-half hour 864 after sunset and one-half hour before sunrise, except as 865 provided in subsections (3) and (4): 866 (a) The section of Middle River lying between Northeast 867 21st Court and the Intracoastal Waterway in Broward County. 868 (b) Sunset Lake in Miami-Dade County. 869 (c) The sections of Biscayne Bay in Miami-Dade County lying 870 between: 871 1. Rivo Alto Island and Di Lido Island. 872 2. San Marino Island and San Marco Island. 873 3. San Marco Island and Biscayne Island. 874 (2)(a) Monroe County is designated as an anchoring 875 limitation area within which a vessel may only be anchored in 876 the same location for a maximum of 90 days. The commission shall 877 adopt rules to implement this subsection. 878 (b) This subsection does not apply to an approved and 879 permitted mooring field. 880(2)To promote the public’s use and enjoyment of the881designated waterway, except as provided in subsections (3) and882(4), a person may not anchor a vessel at any time during the883period between one-half hour after sunset and one-half hour884before sunrise in an anchoring limitation area.885 (3) Notwithstanding subsections (1) andsubsection(2), a 886 person may anchor a vessel in an anchoring limitation area 887 during a time that would otherwise be unlawful: 888 (a) If the vessel suffers a mechanical failure that poses 889 an unreasonable risk of harm to the vessel or the persons 890 onboard unless the vessel anchors. The vessel may anchor for 3 891 business days or until the vessel is repaired, whichever occurs 892 first. 893 (b) If imminent or existing weather conditions in the 894 vicinity of the vessel pose an unreasonable risk of harm to the 895 vessel or the persons onboard unless the vessel anchors. The 896 vessel may anchor until weather conditions no longer pose such 897 risk. During a hurricane or tropical storm, weather conditions 898 are deemed to no longer pose an unreasonable risk of harm when 899 the hurricane or tropical storm warning affecting the area has 900 expired. 901 (c) During events described in s. 327.48 or other special 902 events, including, but not limited to, public music 903 performances, local government waterfront activities, or 904 fireworks displays. A vessel may anchor for the lesser of the 905 duration of the special event or 3 days. 906 (4) This section does not apply to: 907 (a) Vessels owned or operated by a governmental entity for 908 law enforcement, firefighting, military, or rescue purposes. 909 (b) Construction or dredging vessels on an active job site. 910 (c) Vessels actively engaged in commercial fishing. 911 (d) Vessels engaged in recreational fishing if the persons 912 onboard are actively tending hook and line fishing gear or nets. 913 (5)(a) As used in this subsection, the term “law 914 enforcement officer or agency” means an officer or agency 915 authorized to enforce this section pursuant to s. 327.70. 916 (b) A law enforcement officer or agency may remove a vessel 917 from an anchoring limitation area and impound the vessel for up 918 to 48 hours, or cause such removal and impoundment, if the 919 vessel operator, after being issued a citation for a violation 920 of this section: 921 1. Anchors the vessel in violation of this section within 922 12 hours after being issued the citation; or 923 2. Refuses to leave the anchoring limitation area after 924 being directed to do so by a law enforcement officer or agency. 925 (c) A law enforcement officer or agency acting under this 926 subsection to remove or impound a vessel, or to cause such 927 removal or impoundment, shall be held harmless for any damage to 928 the vessel resulting from such removal or impoundment unless the 929 damage results from gross negligence or willful misconduct. 930 (d) A contractor performing removal or impoundment services 931 at the direction of a law enforcement officer or agency pursuant 932 to this subsection must: 933 1. Be licensed in accordance with United States Coast Guard 934 regulations, as applicable. 935 2. Obtain and carry a current policy issued by a licensed 936 insurance carrier in this state to insure against any accident, 937 loss, injury, property damage, or other casualty caused by or 938 resulting from the contractor’s actions. 939 3. Be properly equipped to perform such services. 940 (e) In addition to the civil penalty imposed under s. 941 327.73(1)(z), the operator of a vessel that is removed and 942 impounded pursuant to paragraph (b) must pay all removal and 943 storage fees before the vessel is released. A vessel removed 944 pursuant to paragraph (b) may not be impounded for longer than 945 48 hours. 946 (6) A violation of this section is punishable as provided 947 in s. 327.73(1)(z). 948(7) This section shall remain in effect notwithstanding the949Legislature’s adoption of the commission’s recommendations for950the regulation of mooring vessels outside of public mooring951fields pursuant to s. 327.4105.952 Section 13. Paragraph (a) of subsection (1) and subsection 953 (2) of section 327.4109, Florida Statutes, are amended to read: 954 327.4109 Anchoring or mooring prohibited; exceptions; 955 penalties.— 956 (1)(a) The owner or operator of a vessel or floating 957 structure may not anchor or moor such that the nearest approach 958 of the anchored or moored vessel or floating structure is: 959 1. Within 150 feet of any public or private marina, boat 960 ramp, boatyard, or other public vessel launching or loading 961 facility; 962 2. Within 300 feet of a superyacht repair facility. For 963 purposes of this subparagraph, the term “superyacht repair 964 facility” means a facility that services or repairs a yacht with 965 a water line of 120 feet or more in length; or 966 3. Within 100 feet outward from the marked boundary of a 967 public mooring field or a lesser distance if approved by the 968 commission upon request of a local government within which the 969 mooring field is located. The commission may adopt rules to 970 implement this subparagraph. 971 (2) Notwithstanding subsection (1), an owner or operator of 972 a vessel may anchor or moor within 150 feet of any public or 973 private marina, boat ramp, boatyard, or other public vessel 974 launching or loading facility; within 300 feet of a superyacht 975 repair facility; or within 100 feet outward from the marked 976 boundary of a public mooring field if: 977 (a) The vessel suffers a mechanical failure that poses an 978 unreasonable risk of harm to the vessel or the persons onboard 979 such vessel. The owner or operator of the vessel may anchor or 980 moor for 5 business days or until the vessel is repaired, 981 whichever occurs first. 982 (b) Imminent or existing weather conditions in the vicinity 983 of the vessel pose an unreasonable risk of harm to the vessel or 984 the persons onboard such vessel. The owner or operator of the 985 vessel may anchor or moor until weather conditions no longer 986 pose such risk. During a hurricane or tropical storm, weather 987 conditions are deemed to no longer pose an unreasonable risk of 988 harm when the hurricane or tropical storm warning affecting the 989 area has expired. 990 Section 14. Subsection (2) of section 327.45, Florida 991 Statutes, is amended to read: 992 327.45 Protection zones for springs.— 993 (2) The commission may establish by rule protection zones 994 that restrict the speed and operation of vessels, or which 995 prohibit the anchoring, mooring, beaching, or grounding of 996 vessels, to protect and prevent harm to first, second, and third 997 magnitude springs and springs groups, including their associated 998 spring runs, as determined by the commission using the most 999 recent Florida Geological Survey springs bulletin. This harm 1000 includes negative impacts to water quality, water quantity, 1001 hydrology, wetlands, and aquatic and wetland-dependent species. 1002 Section 15. Paragraph (b) of subsection (1) of section 1003 327.46, Florida Statutes, is amended to read: 1004 327.46 Boating-restricted areas.— 1005 (1) Boating-restricted areas, including, but not limited 1006 to, restrictions of vessel speeds and vessel traffic, may be 1007 established on the waters of this state for any purpose 1008 necessary to protect the safety of the public if such 1009 restrictions are necessary based on boating accidents, 1010 visibility, hazardous currents or water levels, vessel traffic 1011 congestion, or other navigational hazards or to protect 1012 seagrasses on privately owned submerged lands. 1013 (b) Municipalities and counties mayhave the authority to1014 establish the following boating-restricted areas by ordinance: 1015 1. An ordinance establishing an idle speed, no wake 1016 boating-restricted area, if the area is: 1017 a. Within 500 feet of any boat ramp, hoist, marine railway, 1018 or other launching or landing facility available for use by the 1019 general boating public on waterways more than 300 feet in width 1020 or within 300 feet of any boat ramp, hoist, marine railway, or 1021 other launching or landing facility available for use by the 1022 general boating public on waterways not exceeding 300 feet in 1023 width. 1024 b. Within 500 feet of fuel pumps or dispensers at any 1025 marine fueling facility that sells motor fuel to the general 1026 boating public on waterways more than 300 feet in width or 1027 within 300 feet of the fuel pumps or dispensers at any licensed 1028 terminal facility that sells motor fuel to the general boating 1029 public on waterways not exceeding 300 feet in width. 1030 c. Inside or within 300 feet of any lock structure. 1031 2. An ordinance establishing a slow speed, minimum wake 1032 boating-restricted area if the area is: 1033 a. Within 300 feet of any bridge fender system. 1034 b. Within 300 feet of any bridge span presenting a vertical 1035 clearance of less than 25 feet or a horizontal clearance of less 1036 than 100 feet. 1037 c. On a creek, stream, canal, or similar linear waterway if 1038 the waterway is less than 75 feet in width from shoreline to 1039 shoreline. 1040 d. On a lake or pond of less than 10 acres in total surface 1041 area. 1042 e. Within the boundaries of a permitted public mooring 1043 field and a buffer around the mooring field of up to 100 feet. 1044 3. An ordinance establishing a vessel-exclusion zone if the 1045 area is: 1046 a. Designated as a public bathing beach or swim area. 1047 b. Within 300 feet of a dam, spillway, or flood control 1048 structure. 1049 4. Notwithstanding the prohibition in s. 327.60(2)(c), 1050 within the portion of the Florida Intracoastal Waterway within 1051 their jurisdiction, except that the municipality or county may 1052 not establish a vessel-exclusion zone for public bathing beaches 1053 or swim areas within the waterway. 1054 Section 16. Section 327.463, Florida Statutes, is created 1055 to read: 1056 327.463 Special hazards.— 1057 (1) For purposes of this section, a vessel: 1058 (a) Is operating at slow speed, minimum wake only if it is: 1059 1. Fully off plane and completely settled into the water; 1060 and 1061 2. Proceeding without wake or with minimum wake. 1062 1063 A vessel that is required to operate at slow speed, minimum wake 1064 may not proceed at a speed greater than a speed that is 1065 reasonable and prudent to avoid the creation of an excessive 1066 wake or other hazardous condition under the existing 1067 circumstances. 1068 (b) Is not proceeding at slow speed, minimum wake if it is: 1069 1. Operating on plane; 1070 2. In the process of coming off plane and settling into the 1071 water or getting on plane; or 1072 3. Operating at a speed that creates a wake that 1073 unreasonably or unnecessarily endangers other vessels. 1074 (2) A person may not operate a vessel faster than slow 1075 speed, minimum wake within 300 feet of any emergency vessel, 1076 including, but not limited to, a law enforcement vessel, United 1077 States Coast Guard vessel, or firefighting vessel, when such 1078 emergency vessel’s emergency lights are activated. 1079 (3)(a) A person may not operate a vessel faster than slow 1080 speed, minimum wake within 300 feet of any construction vessel 1081 or barge when the vessel or barge is displaying an orange flag 1082 from a pole extending: 1083 1. At least 10 feet above the tallest portion of the vessel 1084 or barge, indicating that the vessel or barge is actively 1085 engaged in construction operations; or 1086 2. At least 5 feet above any superstructure permanently 1087 installed upon the vessel or barge, indicating that the vessel 1088 or barge is actively engaged in construction operations. 1089 (b) A flag displayed on a construction vessel or barge 1090 pursuant to this subsection must: 1091 1. Be at least 2 feet by 3 feet in size. 1092 2. Have a wire or other stiffener or be otherwise 1093 constructed to ensure that the flag remains fully unfurled and 1094 extended in the absence of a wind or breeze. 1095 3. Be displayed so that the visibility of the flag is not 1096 obscured in any direction. 1097 (c) In periods of low visibility, including any time 1098 between 30 minutes after sunset and 30 minutes before sunrise, a 1099 person may not be cited for a violation of this subsection 1100 unless the orange flag is illuminated and visible from a 1101 distance of at least 2 nautical miles. Such illumination does 1102 not relieve the construction vessel or barge from complying with 1103 all navigation rules. 1104 (4)(a) A person operating a vessel in violation of this 1105 section commits a noncriminal infraction, punishable as provided 1106 in s. 327.73. 1107 (b) The owner of, or party who is responsible for, a 1108 construction vessel or barge who displays an orange flag on the 1109 vessel or barge when it is not actively engaged in construction 1110 operations commits a noncriminal infraction, punishable as 1111 provided in s. 327.73. 1112 (5) The speed and penalty provisions of this section do not 1113 apply to a law enforcement, firefighting, or rescue vessel that 1114 is owned or operated by a governmental entity. 1115 Section 17. Paragraph (a) of subsection (1) of section 1116 327.50, Florida Statutes, is amended to read: 1117 327.50 Vessel safety regulations; equipment and lighting 1118 requirements.— 1119 (1)(a) The owner and operator of every vessel on the waters 1120 of this state shall carry, store, maintain, and use safety 1121 equipment in accordance with current United States Coast Guard 1122 safety equipment requirements as specified in the Code of 1123 Federal Regulations, unless expressly exempted by the commission 1124department. 1125 Section 18. Paragraph (a) of subsection (6) and subsection 1126 (7) of section 327.53, Florida Statutes, are amended, and 1127 subsection (8) is added to that section, to read: 1128 327.53 Marine sanitation.— 1129 (6)(a) A violation of this section is a noncriminal 1130 infraction, punishable as provided in s. 327.73. Each violation 1131 shall be a separate offense. The owner and operator of any 1132 vessel shall be jointly and severally liable for the civil 1133 penalty imposed pursuant to this section. 1134 (7) AAnyvessel or floating structure operated or occupied 1135 on the waters of thisthestate in violation of this section is 1136 declared a nuisance and a hazard to public safety and health. 1137 The owner or operator of aanyvessel or floating structure 1138 cited for violating this section shall, within 30 days following 1139 the issuance of the citation, correct the violation for which 1140 the citation was issued or remove the vessel or floating 1141 structure from the waters of thisthestate. If the violation is 1142 not corrected within the 30 days and the vessel or floating 1143 structure remains on the waters of thisthestate in violation 1144 of this section, law enforcement officers charged with the 1145 enforcement of this chapter under s. 327.70 shall apply to the 1146 appropriate court in the county in which the vessel or floating 1147 structure is located,to order or otherwise cause the removal of 1148 such vessel or floating structure from the waters of thisthe1149 state at the owner’s expense. If the owner cannot be found or 1150 otherwise fails to pay the removal costs, the provisions of s. 1151 328.17 shall apply. If the proceeds under s. 328.17 are not 1152 sufficient to pay all removal costs, funds appropriated from the 1153 Marine Resources Conservation Trust Fund pursuant to paragraph 1154 (6)(b) or s. 328.72(15)(c)s. 328.72(16)may be used. 1155 (8) The owner or operator of a live-aboard vessel as 1156 defined in s. 327.02(23)(a) or (c), or a houseboat as defined in 1157 s. 327.02(17), that is equipped with a marine sanitation device 1158 must maintain a record of the date of each pumpout of the marine 1159 sanitation device and the location of the pumpout station or 1160 waste reception facility. Each record must be maintained for 1 1161 year after the date of the pumpout. 1162 Section 19. Subsection (2) of section 327.54, Florida 1163 Statutes, is amended to read: 1164 327.54 Liveries; safety regulations; penalty.— 1165 (2) A livery may not knowingly lease, hire, or rent aany1166 vesselpowered by a motor of 10 horsepower or greaterto aany1167 person who is required to comply with s. 327.395,unless such 1168 person presents to the livery photographic identification and a 1169 valid boater safety identification card issued by the 1170 commission, a state-issued identification card or driver license 1171 indicating possession of the boating safety identification card, 1172 or photographic identification and a valid temporary certificate 1173 issued or approved by the commission as required under s. 1174 327.395(2)s. 327.395(1),or meets the exemption provided under 1175 s. 327.395(6)(f). 1176 Section 20. Subsection (5) of section 327.60, Florida 1177 Statutes, is amended to read: 1178 327.60 Local regulations; limitations.— 1179 (5) A local government may enact and enforce regulations to 1180 implement the procedures for abandoned or lost property that 1181 allow the local law enforcement agency to remove a vessel 1182 affixed to a public dock or mooring within its jurisdiction that 1183 is abandoned or lost property pursuant to s. 705.103(1). Such 1184 regulation must require the local law enforcement agency to post 1185 a written notice at least 24 hours before removing the vessel. 1186 Section 21. Paragraphs (q), (s), and (aa) of subsection (1) 1187 of section 327.73, Florida Statutes, are amended, and paragraphs 1188 (cc) and (dd) are added to that subsection, to read: 1189 327.73 Noncriminal infractions.— 1190 (1) Violations of the following provisions of the vessel 1191 laws of this state are noncriminal infractions: 1192 (q) Section 327.53(1), (2),and(3), and (8), relating to 1193 marine sanitation. 1194 (s) Section 327.395, relating to boater safety education. 1195 However, a person cited for violating the requirements of s. 1196 327.395 relating to failure to have required proof of boating 1197 safety education in his or her possession may not be convicted 1198 if, before or at the time of a county court hearing, the person 1199 produces proof of the boating safety education identification 1200 card or temporary certificate for verification by the hearing 1201 officer or the court clerk and the identification card or 1202 temporary certificate was valid at the time the person was 1203 cited. 1204 (aa) Section 327.4107, relating to vessels at risk of 1205 becoming derelict on waters of this state, for which the civil 1206 penalty is: 1207 1. For a first offense, $100$50. 1208 2. For a second offense occurring 30 days or more after a 1209 first offense, $250$100. 1210 3. For a third or subsequent offense occurring 30 days or 1211 more after a previous offense, $500$250. 1212 1213 A vessel that is the subject of three or more violations issued 1214 pursuant to the same paragraph of s. 327.4107(2) within an 18 1215 month period which result in dispositions other than acquittal 1216 or dismissal shall be declared to be a public nuisance and 1217 subject to ss. 705.103(2) and (4) and 823.11(3). The commission, 1218 an officer of the commission, or a law enforcement agency or 1219 officer specified in s. 327.70 may relocate, remove, or cause to 1220 be relocated or removed such public nuisance vessels from waters 1221 of this state. The commission, an officer of the commission, or 1222 a law enforcement agency or officer acting pursuant to this 1223 paragraph upon waters of this state shall be held harmless for 1224 all damages to the vessel resulting from such relocation or 1225 removal unless the damage results from gross negligence or 1226 willful misconduct as these terms are defined in s. 823.11. 1227 (cc) Section 327.463(4)(a) and (b), relating to vessels 1228 creating special hazards, for which the penalty is: 1229 1. For a first offense, $50. 1230 2. For a second offense occurring within 12 months after a 1231 prior offense, $100. 1232 3. For a third offense occurring within 36 months after a 1233 prior offense, $250. 1234 (dd) Section 327.371, relating to the regulation of human 1235 powered vessels. 1236 1237 Any person cited for a violation of any provision of this 1238 subsection shall be deemed to be charged with a noncriminal 1239 infraction, shall be cited for such an infraction, and shall be 1240 cited to appear before the county court. The civil penalty for 1241 any such infraction is $50, except as otherwise provided in this 1242 section. Any person who fails to appear or otherwise properly 1243 respond to a uniform boating citation shall, in addition to the 1244 charge relating to the violation of the boating laws of this 1245 state, be charged with the offense of failing to respond to such 1246 citation and, upon conviction, be guilty of a misdemeanor of the 1247 second degree, punishable as provided in s. 775.082 or s. 1248 775.083. A written warning to this effect shall be provided at 1249 the time such uniform boating citation is issued. 1250 Section 22. Subsection (4) of section 328.09, Florida 1251 Statutes, is amended to read: 1252 328.09 Refusal to issue and authority to cancel a 1253 certificate of title or registration.— 1254 (4) The department may not issue a certificate of title to 1255 ananyapplicant for aanyvessel that has been deemed derelict 1256 by a law enforcement officer under s. 376.15 or s. 823.11. A law 1257 enforcement officer must inform the department in writing, which 1258 may be provided by facsimile, electronic mail, or other 1259 electronic means, of the vessel’s derelict status and supply the 1260 department with the vessel title number or vessel identification 1261 number. The department may issue a certificate of title once a 1262 law enforcement officer has verified in writing, which may be 1263 provided by facsimile, electronic mail, or other electronic 1264 means, that the vessel is no longer a derelict vessel. 1265 Section 23. Effective July 1, 2023, paragraph (e) of 1266 subsection (3) of section 328.09, Florida Statutes, as amended 1267 by section 12 of chapter 2019-76, Laws of Florida, is amended to 1268 read: 1269 328.09 Refusal to issue and authority to cancel a 1270 certificate of title or registration.— 1271 (3) Except as otherwise provided in subsection (4), the 1272 department may reject an application for a certificate of title 1273 only if: 1274 (e) The application is for a vessel that has been deemed 1275 derelict by a law enforcement officer under s. 376.15 or s. 1276 823.11. In such case, a law enforcement officer must inform the 1277 department in writing, which may be provided by facsimile, e 1278 mail, or other electronic means, of the vessel’s derelict status 1279 and supply the department with the vessel title number or vessel 1280 identification number. The department may issue a certificate of 1281 title once a law enforcement officer has verified in writing, 1282 which may be provided by facsimile, e-mail, or other electronic 1283 means, that the vessel is no longer a derelict vessel. 1284 Section 24. Section 376.15, Florida Statutes, is amended to 1285 read: 1286 376.15 Derelict vessels; relocation or removal frompublic1287 waters of this state.— 1288 (1) As used in this section, the term: 1289 (a) “Commission” means the Fish and Wildlife Conservation 1290 Commission. 1291 (b) “Gross negligence” means conduct so reckless or wanting 1292 in care that it constitutes a conscious disregard or 1293 indifference to the safety of the property exposed to such 1294 conduct. 1295 (c) “Willful misconduct” means conduct evidencing 1296 carelessness or negligence of such a degree or recurrence as to 1297 manifest culpability, wrongful intent, or evil design or to show 1298 an intentional and substantial disregard of the interests of the 1299 vessel owner. 1300 (2)(a) It is unlawful for any person, firm, or corporation 1301 tostore,leave, or abandonany derelict vessel as defined in s. 1302 823.11 upon the waters ofinthis state. For purposes of this 1303 paragraph, the term “leave” means to allow a vessel to remain 1304 occupied or unoccupied on the waters of this state for more than 1305 24 hours. 1306 (b) Notwithstanding paragraph (a), a person who owns or 1307 operates a vessel that becomes derelict upon the waters of this 1308 state solely as a result of a boating accident that is reported 1309 to law enforcement in accordance with s. 327.301 or otherwise 1310 reported to law enforcement; a hurricane; or another sudden 1311 event outside of his or her control may not be charged with a 1312 violation if: 1313 1. The individual documents for law enforcement the 1314 specific event that led to the vessel being derelict upon the 1315 waters of this state; and 1316 2. The vessel has been removed from the waters of this 1317 state or has been repaired or addressed such that it is no 1318 longer derelict upon the waters of this state: 1319 a. For a vessel that has become derelict as a result of a 1320 boating accident or other sudden event outside of his or her 1321 control, within 7 days after such accident or event; or 1322 b. Within 45 days after the hurricane has passed over this 1323 state. 1324 (c) This subsection does not apply to a vessel that was 1325 derelict upon the waters of this state before the stated 1326 accident or event. 1327 (3)(a) The commission, an officerofficersof the 1328 commission, or aand anylaw enforcement agency or officer 1329 specified in s. 327.70 mayare authorized and empowered to1330 relocate, remove, store, destroy, or dispose of or cause to be 1331 relocated,orremoved, stored, destroyed, or disposed of aany1332 derelict vessel as defined in s. 823.11 frompublicwaters of 1333 this state as defined in s. 327.02. All costs, including costs 1334 owed to a third party, incurred by the commission or other law 1335 enforcement agency in the relocation,orremoval, storage, 1336 destruction, or disposal of any abandoned or derelict vessel are 1337 recoverable against the owner of the vessel or the party 1338 determined to be legally responsible for the vessel being upon 1339 the waters of this state in a derelict condition. The Department 1340 of Legal Affairs shall represent the commission in actions to 1341 recover such costs. 1342 (b) The commission, an officerofficersof the commission, 1343 or aand any otherlaw enforcement agency or officer specified 1344 in s. 327.70 acting pursuant tounderthis section to relocate, 1345 remove, store, destroy, or dispose of or cause to be relocated, 1346orremoved, stored, destroyed, or disposed of a derelict vessel 1347 frompublicwaters of this state as defined in s. 327.02 shall 1348 be held harmless for all damages to the derelict vessel 1349 resulting from such actionrelocation or removalunless the 1350 damage results from gross negligence or willful misconduct as 1351 these terms are defined in s. 823.11. 1352 (c) A contractor performing relocation or removal 1353 activities at the direction of the commission, an officer 1354officersof the commission,ora law enforcement agency or 1355 officer, or a governmental subdivision, when the governmental 1356 subdivision has received authorization for the relocation or 1357 removal from a law enforcement officer or agency pursuant to 1358 this section, must be licensed in accordance with applicable 1359 United States Coast Guard regulations where required; obtain and 1360 carry in full force and effect a policy from a licensed 1361 insurance carrier in this state to insure against any accident, 1362 loss, injury, property damage, or other casualty caused by or 1363 resulting from the contractor’s actions; and be properly 1364 equipped to perform the services to be provided. 1365 (d) The commission may establish a program to provide 1366 grants to local governments for the removal, storage, 1367 destruction, and disposal of derelict vessels from thepublic1368 waters of thisthestate as defined in s. 327.02. The program 1369 shall be funded from the Marine Resources Conservation Trust 1370 Fund or the Florida Coastal Protection Trust Fund. 1371 Notwithstandingthe provisions ins. 216.181(11), funds 1372 available for grants may only be authorized by appropriations 1373 acts of the Legislature. In a given fiscal year, if all funds 1374 appropriated pursuant to this paragraph are not requested by and 1375 granted to local governments for the removal, storage, 1376 destruction, and disposal of derelict vessels by the end of the 1377 third quarter, the Fish and Wildlife Conservation Commission may 1378 use the remainder of the funds to remove, store, destroy, and 1379 dispose of, or to pay private contractors to remove, store, 1380 destroy, and dispose of, derelict vessels. 1381 (e) The commission shall adopt by rule procedures for 1382 submitting a grant application and criteria for allocating 1383 available funds. Such criteria shall include, but not be limited 1384 to, the following: 1385 1. The number of derelict vessels within the jurisdiction 1386 of the applicant. 1387 2. The threat posed by such vessels to public health or 1388 safety, the environment, navigation, or the aesthetic condition 1389 of the general vicinity. 1390 3. The degree of commitment of the local government to 1391 maintain waters free of abandoned and derelict vessels and to 1392 seek legal action against those who abandon vessels in the 1393 waters of thisthestate as defined in s. 327.02. 1394 (f) This section constitutes the authority for such removal 1395 but is not intended to be in contravention of any applicable 1396 federal act. 1397 Section 25. Subsections (2) and (4) of section 705.103, 1398 Florida Statutes, are amended to read: 1399 705.103 Procedure for abandoned or lost property.— 1400 (2)(a)1. Whenever a law enforcement officer ascertains 1401 that: 1402 a. An article of lost or abandoned property other than a 1403 derelict vessel or a vessel declared a public nuisance pursuant 1404 to s. 327.73(1)(aa) is present on public property and is of such 1405 nature that it cannot be easily removed, the officer shall cause 1406 a notice to be placed upon such article in substantially the 1407 following form: 1408 1409 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 1410 PROPERTY. This property, to wit: ...(setting forth brief 1411 description)... is unlawfully upon public property known as 1412 ...(setting forth brief description of location)... and must be 1413 removed within 5 days; otherwise, it will be removed and 1414 disposed of pursuant to chapter 705, Florida Statutes. The owner 1415 will be liable for the costs of removal, storage, and 1416 publication of notice. Dated this: ...(setting forth the date of 1417 posting of notice)..., signed: ...(setting forth name, title, 1418 address, and telephone number of law enforcement officer).... 1419 1420 b. A derelict vessel or a vessel declared a public nuisance 1421 pursuant to s. 327.73(1)(aa) is present on the waters of this 1422 state, the officer shall cause a notice to be placed upon such 1423 vessel in substantially the following form: 1424 1425 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 1426 VESSEL. This vessel, to wit: ...(setting forth brief 1427 description)... has been determined to be (derelict or a public 1428 nuisance) and is unlawfully upon waters of this state 1429 ...(setting forth brief description of location)... and must be 1430 removed within 21 days; otherwise, it will be removed and 1431 disposed of pursuant to chapter 705, Florida Statutes. The owner 1432 and other interested parties have the right to a hearing to 1433 challenge the determination that this vessel is derelict or 1434 otherwise in violation of the law. Please contact ...(contact 1435 information for person who can arrange for a hearing in 1436 accordance with this section).... The owner or the party 1437 determined to be legally responsible for the vessel being upon 1438 the waters of this state in a derelict condition will be liable 1439 for the costs of removal, destruction, and disposal if this 1440 vessel is not removed by the owner. Dated this: ...(setting 1441 forth the date of posting of notice)..., signed: ...(setting 1442 forth name, title, address, and telephone number of law 1443 enforcement officer).... 1444 2. The notices required under subparagraph 1. maySuch1445noticeshall benot be less than 8 inches by 10 inches and shall 1446 be sufficiently weatherproof to withstand normal exposure to the 1447 elements. In addition to posting, the law enforcement officer 1448 shall make a reasonable effort to ascertain the name and address 1449 of the owner. If such is reasonably available to the officer, 1450 she or he shall mail a copy of such notice to the owner on or 1451 before the date of posting. If the property is a motor vehicle 1452 as defined in s. 320.01(1) or a vessel as defined in s. 327.02, 1453 the law enforcement agency shall contact the Department of 1454 Highway Safety and Motor Vehicles in order to determine the name 1455 and address of the owner and any person who has filed a lien on 1456 the vehicle or vessel as provided in s. 319.27(2) or (3) or s. 1457 328.15(1). On receipt of this information, the law enforcement 1458 agency shall mail a copy of the notice by certified mail, return 1459 receipt requested, to the owner and to the lienholder, if any, 1460 except that a law enforcement officer who has issued a citation 1461 for a violation of s. 376.15 or s. 823.11 to the owner of a 1462 derelict vessel is not required to mail a copy of the notice by 1463 certified mail, return receipt requested, to the owner. For a 1464 derelict vessel or a vessel declared a public nuisance pursuant 1465 to s. 327.73(1)(aa), the mailed notice must inform the owner or 1466 responsible party that he or she has a right to a hearing to 1467 dispute the determination that the vessel is derelict or 1468 otherwise in violation of the law. If a request for a hearing is 1469 made, a state agency shall follow the processes set forth in s. 1470 120.569. Local governmental entities shall follow the processes 1471 set forth in s. 120.569, except that a local judge, magistrate, 1472 or code enforcement officer may be designated to conduct such a 1473 hearing. If, at the end of 5 days after posting the notice in 1474 sub-subparagraph 1.a., or at the end of 21 days after posting 1475 the notice in sub-subparagraph 1.b., and mailing such notice, if 1476 required, the owner or any person interested in the lost or 1477 abandoned article or articles described has not removed the 1478 article or articles from public property or shown reasonable 1479 cause for failure to do so, and, in the case of a derelict 1480 vessel or a vessel declared a public nuisance pursuant to s. 1481 327.73(1)(aa), has not requested a hearing in accordance with 1482 this section, the following shall apply: 1483 a.(a)For abandoned property other than a derelict vessel 1484 or a vessel declared a public nuisance pursuant to s. 1485 327.73(1)(aa), the law enforcement agency may retain any or all 1486 of the property for its own use or for use by the state or unit 1487 of local government, trade such property to another unit of 1488 local government or state agency, donate the property to a 1489 charitable organization, sell the property, or notify the 1490 appropriate refuse removal service. 1491 b. For a derelict vessel or a vessel declared a public 1492 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 1493 agency or its designee may: 1494 (I) Remove the vessel from the waters of this state and 1495 destroy and dispose of the vessel or authorize another 1496 governmental entity or its designee to do so; or 1497 (II) Authorize the vessel’s use as an artificial reef in 1498 accordance with s. 379.249 if all necessary federal, state, and 1499 local authorizations are received. 1500 1501 A law enforcement agency or its designee may also take action as 1502 described in this sub-subparagraph if, following a hearing 1503 pursuant to this section, the judge, magistrate, administrative 1504 law judge, or hearing officer has determined the vessel to be 1505 derelict as provided in s. 823.11 or otherwise in violation of 1506 the law in accordance with s. 327.73(1)(aa) and a final order 1507 has been entered or the case is otherwise closed. 1508 (b) For lost property, the officer shall take custody and 1509 the agency shall retain custody of the property for 90 days. The 1510 agency shall publish notice of the intended disposition of the 1511 property, as provided in this section, during the first 45 days 1512 of this time period. 1513 1. If the agency elects to retain the property for use by 1514 the unit of government, donate the property to a charitable 1515 organization, surrender such property to the finder, sell the 1516 property, or trade the property to another unit of local 1517 government or state agency, notice of such election shall be 1518 given by an advertisement published once a week for 2 1519 consecutive weeks in a newspaper of general circulation in the 1520 county where the property was found if the value of the property 1521 is more than $100. If the value of the property is $100 or less, 1522 notice shall be given by posting a description of the property 1523 at the law enforcement agency where the property was turned in. 1524 The notice must be posted for not less than 2 consecutive weeks 1525 in a public place designated by the law enforcement agency. The 1526 notice must describe the property in a manner reasonably 1527 adequate to permit the rightful owner of the property to claim 1528 it. 1529 2. If the agency elects to sell the property, it must do so 1530 at public sale by competitive bidding. Notice of the time and 1531 place of the sale shall be given by an advertisement of the sale 1532 published once a week for 2 consecutive weeks in a newspaper of 1533 general circulation in the county where the sale is to be held. 1534 The notice shall include a statement that the sale shall be 1535 subject to any and all liens. The sale must be held at the 1536 nearest suitable place to that where the lost or abandoned 1537 property is held or stored. The advertisement must include a 1538 description of the goods and the time and place of the sale. The 1539 sale may take place no earlier than 10 days after the final 1540 publication. If there is no newspaper of general circulation in 1541 the county where the sale is to be held, the advertisement shall 1542 be posted at the door of the courthouse and at three other 1543 public places in the county at least 10 days prior to sale. 1544 Notice of the agency’s intended disposition shall describe the 1545 property in a manner reasonably adequate to permit the rightful 1546 owner of the property to identify it. 1547 (4) The owner of any abandoned or lost property, or in the 1548 case of a derelict vessel, the owner or other party determined 1549 to be legally responsible for the vessel being upon the waters 1550 of this state in a derelict condition, who, after notice as 1551 provided in this section, does not remove such property within 1552 the specified period shall be liable to the law enforcement 1553 agency, other governmental entity, or the agency’s or entity’s 1554 designee for all costs of removal, storage, and destruction of 1555 such property, less any salvage value obtained by disposal of 1556 the property. Upon final disposition of the property, the law 1557 enforcement officer or representative of the law enforcement 1558 agency or other governmental entity shall notify the owner, if 1559 known, of the amount owed. In the case of an abandoned vessel or 1560 motor vehicle, any person who neglects or refuses to pay such 1561 amount is not entitled to be issued a certificate of 1562 registration for such vessel or motor vehicle, or any other 1563 vessel or motor vehicle, until such costs have been paid. A 1564 person who has neglected or refused to pay all costs of removal, 1565 storage, disposal, and destruction of a vessel or motor vehicle 1566 as provided in this section, after having been provided written 1567 notice via certified mail that such costs are owed, and who 1568 applies for and is issued a registration for a vessel or motor 1569 vehicle before such costs have been paid in full commits a 1570 misdemeanor of the first degree, punishable as provided in s. 1571 775.082 or s. 775.083. The law enforcement officer or 1572 representative of the law enforcement agency or other 1573 governmental entity shall supply the Department of Highway 1574 Safety and Motor Vehicles with a list of persons whose vessel 1575 registration privileges andor whosemotor vehicle privileges 1576 have been revoked under this subsection.NeitherThe department 1577 or anor any otherperson acting as an agent of the department 1578 may notthereofshallissue a certificate of registration to a 1579 person whose vessel andormotor vehicle registration privileges 1580 have been revoked, as provided by this subsection, until such 1581 costs have been paid. 1582 Section 26. Effective July 1, 2023, subsection (2) of 1583 section 705.103, Florida Statutes, as amended by section 29 of 1584 chapter 2019-76, Laws of Florida, is amended to read: 1585 705.103 Procedure for abandoned or lost property.— 1586 (2)(a)1. Whenever a law enforcement officer ascertains 1587 that: 1588 a. An article of lost or abandoned property other than a 1589 derelict vessel or a vessel declared a public nuisance pursuant 1590 to s. 327.73(1)(aa) is present on public property and is of such 1591 nature that it cannot be easily removed, the officer shall cause 1592 a notice to be placed upon such article in substantially the 1593 following form: 1594 1595 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 1596 PROPERTY. This property, to wit: ...(setting forth brief 1597 description)... is unlawfully upon public property known as 1598 ...(setting forth brief description of location)... and must be 1599 removed within 5 days; otherwise, it will be removed and 1600 disposed of pursuant to chapter 705, Florida Statutes. The owner 1601 will be liable for the costs of removal, storage, and 1602 publication of notice. Dated this: ...(setting forth the date of 1603 posting of notice)..., signed: ...(setting forth name, title, 1604 address, and telephone number of law enforcement officer).... 1605 1606 b. A derelict vessel or a vessel declared a public nuisance 1607 pursuant to s. 327.73(1)(aa) is present on the waters of this 1608 state, the officer shall cause a notice to be placed upon such 1609 vessel in substantially the following form: 1610 1611 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 1612 VESSEL. This vessel, to wit: ...(setting forth brief description 1613 of location)... has been determined to be (derelict or a public 1614 nuisance) and is unlawfully upon the waters of this state 1615 ...(setting forth brief description of location)... and must be 1616 removed within 21 days; otherwise, it will be removed and 1617 disposed of pursuant to chapter 705, Florida Statutes. The owner 1618 and other interested parties have the right to a hearing to 1619 challenge the determination that this vessel is derelict or 1620 otherwise in violation of the law. Please contact ...(contact 1621 information for person who can arrange for a hearing in 1622 accordance with this section)... The owner or the party 1623 determined to be legally responsible for the vessel being upon 1624 the waters of this state in a derelict condition will be liable 1625 for the costs of removal, destruction, and disposal if this 1626 vessel is not removed by the owner. Dated this: ...(setting 1627 forth the date of posting of notice)..., signed: ...(setting 1628 forth name, title, address, and telephone number of law 1629 enforcement officer).... 1630 1631 2. The notices required under subparagraph 1. maySuch1632notice shall benot be less than 8 inches by 10 inches and shall 1633 be sufficiently weatherproof to withstand normal exposure to the 1634 elements. In addition to posting, the law enforcement officer 1635 shall make a reasonable effort to ascertain the name and address 1636 of the owner. If such is reasonably available to the officer, 1637 she or he shall mail a copy of such notice to the owner on or 1638 before the date of posting. If the property is a motor vehicle 1639 as defined in s. 320.01(1) or a vessel as defined in s. 327.02, 1640 the law enforcement agency shall contact the Department of 1641 Highway Safety and Motor Vehicles in order to determine the name 1642 and address of the owner and any person who has filed a lien on 1643 the vehicle or vessel as provided in s. 319.27(2) or (3) or s. 1644 328.15. On receipt of this information, the law enforcement 1645 agency shall mail a copy of the notice by certified mail, return 1646 receipt requested, to the owner and to the lienholder, if any, 1647 except that a law enforcement officer who has issued a citation 1648 for a violation of s. 376.15 or s. 823.11 to the owner of a 1649 derelict vessel is not required to mail a copy of the notice by 1650 certified mail, return receipt requested, to the owner. For a 1651 derelict vessel or a vessel declared a public nuisance pursuant 1652 to s. 327.73(1)(aa), the mailed notice must inform the owner or 1653 responsible party that he or she has a right to a hearing to 1654 dispute the determination that the vessel is derelict or 1655 otherwise in violation of the law. If a request for a hearing is 1656 made, a state agency shall follow the processes as set forth in 1657 s. 120.569. Local governmental entities shall follow the 1658 processes set forth in s. 120.569, except that a local judge, 1659 magistrate, or code enforcement officer may be designated to 1660 conduct such hearings. If, at the end of 5 days after posting 1661 the notice in sub-subparagraph 1.a., or at the end of 21 days 1662 after posting the notice in sub-subparagraph 1.b., and mailing 1663 such notice, if required, the owner or any person interested in 1664 the lost or abandoned article or articles described has not 1665 removed the article or articles from public property or shown 1666 reasonable cause for failure to do so, and, in the case of a 1667 derelict vessel or a vessel declared a public nuisance pursuant 1668 to s. 327.73(1)(aa), has not requested a hearing in accordance 1669 with this section, the following shall apply: 1670 a.(a)For abandoned property other than a derelict vessel 1671 or a vessel declared a public nuisance pursuant to s. 1672 327.73(1)(aa), the law enforcement agency may retain any or all 1673 of the property for its own use or for use by the state or unit 1674 of local government, trade such property to another unit of 1675 local government or state agency, donate the property to a 1676 charitable organization, sell the property, or notify the 1677 appropriate refuse removal service. 1678 b. For a derelict vessel or a vessel declared a public 1679 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 1680 agency or its designee may: 1681 (I) Remove the vessel from the waters of this state and 1682 destroy and dispose of the vessel or authorize another 1683 governmental entity or its designee to do so; or 1684 (II) Authorize the vessel’s use as an artificial reef in 1685 accordance with s. 379.249 if all necessary federal, state, and 1686 local authorizations are received. 1687 1688 A law enforcement agency or its designee may also take action as 1689 described in this sub-subparagraph if, following a hearing 1690 pursuant to this section, the judge, magistrate, administrative 1691 law judge, or hearing officer has determined the vessel to be 1692 derelict as provided in s. 823.11 or otherwise in violation of 1693 the law in accordance with s. 327.73(1)(aa) and a final order 1694 has been entered or the case is otherwise closed. 1695 (b) For lost property, the officer shall take custody and 1696 the agency shall retain custody of the property for 90 days. The 1697 agency shall publish notice of the intended disposition of the 1698 property, as provided in this section, during the first 45 days 1699 of this time period. 1700 1. If the agency elects to retain the property for use by 1701 the unit of government, donate the property to a charitable 1702 organization, surrender such property to the finder, sell the 1703 property, or trade the property to another unit of local 1704 government or state agency, notice of such election shall be 1705 given by an advertisement published once a week for 2 1706 consecutive weeks in a newspaper of general circulation in the 1707 county where the property was found if the value of the property 1708 is more than $100. If the value of the property is $100 or less, 1709 notice shall be given by posting a description of the property 1710 at the law enforcement agency where the property was turned in. 1711 The notice must be posted for not less than 2 consecutive weeks 1712 in a public place designated by the law enforcement agency. The 1713 notice must describe the property in a manner reasonably 1714 adequate to permit the rightful owner of the property to claim 1715 it. 1716 2. If the agency elects to sell the property, it must do so 1717 at public sale by competitive bidding. Notice of the time and 1718 place of the sale shall be given by an advertisement of the sale 1719 published once a week for 2 consecutive weeks in a newspaper of 1720 general circulation in the county where the sale is to be held. 1721 The notice shall include a statement that the sale shall be 1722 subject to any and all liens. The sale must be held at the 1723 nearest suitable place to that where the lost or abandoned 1724 property is held or stored. The advertisement must include a 1725 description of the goods and the time and place of the sale. The 1726 sale may take place no earlier than 10 days after the final 1727 publication. If there is no newspaper of general circulation in 1728 the county where the sale is to be held, the advertisement shall 1729 be posted at the door of the courthouse and at three other 1730 public places in the county at least 10 days prior to sale. 1731 Notice of the agency’s intended disposition shall describe the 1732 property in a manner reasonably adequate to permit the rightful 1733 owner of the property to identify it. 1734 Section 27. Subsections (1), (2), and (3) of section 1735 823.11, Florida Statutes, are amended to read: 1736 823.11 Derelict vessels; relocation or removal; penalty.— 1737 (1) As used in this section and s. 376.15, the term: 1738 (a) “Commission” means the Fish and Wildlife Conservation 1739 Commission. 1740 (b) “Derelict vessel” means a vessel, as defined in s. 1741 327.02, that isleft, stored, or abandoned: 1742 1. In a wrecked, junked, or substantially dismantled 1743 condition upon anypublicwaters of this state. 1744 a. A vessel is wrecked if it is sunken or sinking; aground 1745 without the ability to extricate itself absent mechanical 1746 assistance; or remaining after a marine casualty, including, but 1747 not limited to, a boating accident, extreme weather, or a fire. 1748 b. A vessel is junked if it has been substantially stripped 1749 of vessel components, if vessel components have substantially 1750 degraded or been destroyed, or if the vessel has been discarded 1751 by the owner or operator. Attaching an outboard motor to a 1752 vessel that is otherwise junked will not cause the vessel to no 1753 longer be junked if such motor is not an effective means of 1754 propulsion as required by s. 327.4107(2)(e) and associated 1755 rules. 1756 c. A vessel is substantially dismantled if at least two of 1757 the three following vessel systems or components are missing, 1758 compromised, incomplete, inoperable, or broken: 1759 (I) The steering system; 1760 (II) The propulsion system; or 1761 (III) The exterior hull integrity. 1762 1763 Attaching an outboard motor to a vessel that is otherwise 1764 substantially dismantled will not cause the vessel to no longer 1765 be substantially dismantled if such motor is not an effective 1766 means of propulsion as required by s. 327.4107(2)(e) and 1767 associated rules. 1768 2. At a port in this state without the consent of the 1769 agency having jurisdiction thereof. 1770 3. Docked, grounded, or beached upon the property of 1771 another without the consent of the owner of the property. 1772 (c) “Gross negligence” means conduct so reckless or wanting 1773 in care that it constitutes a conscious disregard or 1774 indifference to the safety of the property exposed to such 1775 conduct. 1776 (d) “Willful misconduct” means conduct evidencing 1777 carelessness or negligence of such a degree or recurrence as to 1778 manifest culpability, wrongful intent, or evil design or to show 1779 an intentional and substantial disregard of the interests of the 1780 vessel owner. 1781 (2)(a)It is unlawful forA person, firm, or corporation 1782 may nottostore,leave, or abandonany derelict vessel upon 1783 waters ofinthis state. For purposes of this paragraph, the 1784 term “leave” means to allow a vessel to remain occupied or 1785 unoccupied on the waters of this state for more than 24 hours. 1786 (b) Notwithstanding paragraph (a), a person who owns or 1787 operates a vessel that becomes derelict upon the waters of this 1788 state solely as a result of a boating accident that is reported 1789 to law enforcement in accordance with s. 327.301 or otherwise 1790 reported to law enforcement; a hurricane; or another sudden 1791 event outside of his or her control may not be charged with a 1792 violation if: 1793 1. The individual documents for law enforcement the 1794 specific event that led to the vessel being derelict upon the 1795 waters of this state; and 1796 2. The vessel has been removed from the waters of this 1797 state or has been repaired or addressed such that it is no 1798 longer derelict upon the waters of this state: 1799 a. For a vessel that has become derelict as a result of a 1800 boating accident or other sudden event outside of his or her 1801 control, within 7 days after such accident or event; or 1802 b. Within 45 days after the hurricane has passed over the 1803 state. 1804 (c) This subsection does not apply to a vessel that was 1805 derelict upon the waters of this state before the stated 1806 accident or event. 1807 (3) The commission, an officerofficersof the commission, 1808 or aand anylaw enforcement agency or officer specified in s. 1809 327.70 mayare authorized and empowered torelocate, remove, 1810 store, destroy, or dispose of or cause to be relocated,or1811 removed, stored, destroyed, or disposed of a derelict vessel 1812 frompublicwaters of this state as defined in s. 327.02 if the 1813 derelict vessel obstructs or threatens to obstruct navigation or 1814 in any way constitutes a danger to the environment, property, or 1815 persons. The commission, an officerofficersof the commission, 1816 or any other law enforcement agency or officer acting pursuant 1817 tounderthis subsection to relocate, remove, store, destroy, 1818 dispose of or cause to be relocated,orremoved, stored, 1819 destroyed, or disposed of a derelict vessel frompublicwaters 1820 of this state shall be held harmless for all damages to the 1821 derelict vessel resulting from such actionrelocation or removal1822 unless the damage results from gross negligence or willful 1823 misconduct. 1824 (a) Removal of derelict vessels under this subsection may 1825 be funded by grants provided in ss. 206.606 and 376.15. The 1826 commission shall implement a plan for the procurement of any 1827 available federal disaster funds and use such funds for the 1828 removal of derelict vessels. 1829 (b) All costs, including costs owed to a third party, 1830 incurred by the commission, anotheror otherlaw enforcement 1831 agency, or a governmental subdivision, when the governmental 1832 subdivision has received authorization from a law enforcement 1833 officer or agency, in the relocation,orremoval, storage, 1834 destruction, or disposal of a derelict vessel are recoverable 1835 against the vessel owner or the party determined to be legally 1836 responsible for the vessel being upon the waters of this state 1837 in a derelict condition. The Department of Legal Affairs shall 1838 represent the commission in actions to recover such costs. As 1839 provided in s. 705.103(4), a person who neglects or refuses to 1840 pay such costs may not be issued a certificate of registration 1841 for such vessel or for any other vessel or motor vehicle until 1842 such costs have been paid. A person who has neglected or refused 1843 to pay all costs of removal, storage, destruction, or disposal 1844 of a derelict vessel as provided in this section, after having 1845 been provided written notice via certified mail that such costs 1846 are owed, and who applies for and is issued a registration for a 1847 vessel or motor vehicle before such costs have been paid in full 1848 commits a misdemeanor of the first degree, punishable as 1849 provided in s. 775.082 or s. 775.083. 1850 (c) A contractor performing suchrelocation or removal1851 activities at the direction of the commission, an officer 1852officersof the commission,ora law enforcement agency or 1853 officer, or a governmental subdivision, when the governmental 1854 subdivision has received authorization for the relocation or 1855 removal from a law enforcement officer or agency, pursuant to 1856 this section must be licensed in accordance with applicable 1857 United States Coast Guard regulations where required; obtain and 1858 carry in full force and effect a policy from a licensed 1859 insurance carrier in this state to insure against any accident, 1860 loss, injury, property damage, or other casualty caused by or 1861 resulting from the contractor’s actions; and be properly 1862 equipped to perform the services to be provided. 1863 Section 28. Except as otherwise expressly provided in this 1864 act, this act shall take effect July 1, 2021.