Bill Amendment: FL S1594 | 2014 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Vessel Safety
Status: 2014-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1363 (Ch. 2014-143) [S1594 Detail]
Download: Florida-2014-S1594-Senate_Committee_Amendment_590972.html
Bill Title: Vessel Safety
Status: 2014-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1363 (Ch. 2014-143) [S1594 Detail]
Download: Florida-2014-S1594-Senate_Committee_Amendment_590972.html
Florida Senate - 2014 COMMITTEE AMENDMENT Bill No. SB 1594 Ì590972?Î590972 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— (Simpson) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 327.44, Florida Statutes, is amended to 6 read: 7 327.44 Interference with navigation; relocation or removal; 8 recovery of costs.— 9 (1) No person shall anchor, operate, or permit to be 10 anchored, except in case of emergency, or operated a vessel or 11 carry on any prohibited activity in a manner which shall 12 unreasonably or unnecessarily constitute a navigational hazard 13 or interfere with another vessel. Anchoring under bridges or in 14 or adjacent to heavily traveled channels shall constitute 15 interference if unreasonable under the prevailing circumstances. 16 (2) The commission, officers of the commission, and any law 17 enforcement agency or officer specified in s. 327.70 is 18 authorized and empowered to relocate, remove, or cause to be 19 relocated or removed a vessel that unreasonably or unnecessarily 20 constitutes a navigational hazard or interferes with another 21 vessel. The commission and any other law enforcement agency or 22 officer acting under this subsection to relocate, remove, or 23 cause to be relocated or removed a vessel that unreasonably or 24 unnecessarily constitutes a navigational hazard or interferes 25 with another vessel shall be held harmless for all damages to 26 the derelict vessel resulting from such relocation or removal, 27 unless the damage results from gross negligence or willful 28 misconduct. 29 (3) All costs, including costs owed to a third party, 30 incurred by the commission or other law enforcement agency in 31 the relocation or removal of a vessel that unreasonably or 32 unnecessarily constitutes a navigational hazard or interferes 33 with another vessel are recoverable against the vessel owner. 34 The Department of Legal Affairs shall represent the commission 35 in actions to recover such costs. 36 Section 2. Section 823.11, Florida Statutes, is amended to 37 read: 38 823.11Abandoned andDerelict vessels; relocation or 39 removal; penalty.— 40 (1) For the purposes of this section, the term: 41 (a) “Derelict vessel” means aanyvessel, as defined in s. 42 327.02, that is left, stored, or abandoned: 43 1.(a)In a wrecked, junked, or substantially dismantled 44 condition upon any public waters of this state. 45 2.(b)At aanyport in this state without the consent of 46 the agency having jurisdiction thereof. 47 3.(c)Docked,orgrounded,ator beached upon the property 48 of another without the consent of the owner of the property. 49 (b) “Commission” means the Fish and Wildlife Conservation 50 Commission. 51 (2) It is unlawful for aanyperson, firm, or corporation 52 to store, leave, or abandon any derelict vesselas defined in53this sectionin this state. 54 (3)(a)The Fish and Wildlife Conservationcommission,and55itsofficers of the commission, and anyalllaw enforcement 56 agency or officerofficers asspecified in s. 327.70 isare57 authorized and empowered to relocate, remove, or cause to be 58 relocated or removed aany abandoned orderelict vessel from 59 public waters if the derelict vesselin any instance whenthe60sameobstructs or threatens to obstruct navigation or in any way 61 constitutes a danger to the environment, property, or persons. 62 The commission or any other law enforcement agency or officer 63 acting under this subsection to relocate, remove, or cause to be 64 relocated or removed a derelict vessel from public waters shall 65 be held harmless for all damages to the derelict vessel 66 resulting from such relocation or removal, unless the damage 67 results from gross negligence or willful misconduct. 68 (a) Removal of derelict vessels underpursuant tothis 69 subsectionsectionmay be funded by grants provided in ss. 70 206.606 and 376.15. The Fish and Wildlife Conservation 71 Commission shallis directed toimplement a plan for the 72 procurement of any available federal disaster funds andtouse 73 such funds for the removal of derelict vessels. 74 (b) All costs, including costs owed to a third party, 75 incurred by the commission or other law enforcement agency in 76 the relocation or removal of aanyabandoned orderelict vessel 77 areas set out above shall berecoverable against the vessel 78 ownerthereof. The Department of Legal Affairs shall represent 79 the commission insuchactions to recover such costs. As 80 provided in s. 705.103(4), aanyperson who neglects or refuses 81 to pay such costs mayamount isnotentitled tobe issued a 82 certificate of registration for such vessel or for any other 83 vessel or motor vehicle until suchthecosts have been paid. 84 (4)(b)When a derelict vessel is docked,orgrounded,ator 85 beached upon private property without the consent of the owner 86 of the property, the owner of the property may remove the vessel 87 at the vessel owner’s expense 60 days after compliance with the 88 notice requirements specified in s. 328.17(5). The private 89 property owner may not hinder reasonable efforts by the vessel 90 owner or the vessel owner’s agent to remove the vessel.Any91 Notice given pursuant to this subsection isparagraph shall be92 presumed to be delivered when it is deposited with the United 93 States Postal Service, certified, and properly addressed with 94 prepaid postage. 95 (5)(4)AAnyperson, firm, or corporation violating this 96 sectionactcommits a misdemeanor of the first degree and shall 97 be punished as provided by law. A conviction under this section 98 doesshallnot bar the assessment and collection of the civil 99 penalty provided in s. 376.16 for violation of s. 376.15. The 100 court having jurisdiction over the criminal offense, 101 notwithstanding any jurisdictional limitations on the amount in 102 controversy, may order the imposition of such civil penalty in 103 addition to any sentence imposed for the first criminal offense. 104 Section 3. Section 376.15, Florida Statutes, is amended to 105 read 106 376.15 Derelict vessels; relocation or removal from public 107 waters.— 108 (1) For the purposes of this section, “commission” means 109 the Fish and Wildlife Conservation Commission. 110 (2)(1)It is unlawful for any person, firm, or corporation 111 to store, leave, or abandon any derelict vessel as defined in s. 112 823.11(1) in this state. 113 (3)(2)(a) TheFish and Wildlife Conservationcommission and 114 its officers and all law enforcement officers as specified in s. 115 327.70 are authorized and empowered to relocate or remove any 116 derelict vessel as defined in s. 823.11(1) from public waters. 117 All costs incurred by the commission or other law enforcement 118 agency in the relocation or removal of any abandoned or derelict 119 vessel shall be recoverable against the owner of the vessel. The 120 Department of Legal Affairs shall represent the commission in 121 such actions. 122 (b) The commission and any other law enforcement agency or 123 officer as specified in s. 327.70 acting under this section to 124 relocate, remove, or cause to be relocated or removed a derelict 125 vessel from public waters shall be held harmless for all damages 126 to the derelict vessel resulting from such relocation or 127 removal, unless the damage results from gross negligence or 128 willful misconduct. 129 (c)(b)The commission may establish a program to provide 130 grants to local governments for the removal of derelict vessels 131 from the public waters of the state. The program shall be funded 132 from the Florida Coastal Protection Trust Fund. Notwithstanding 133 the provisions in s. 216.181(11), funds available for grants may 134 only be authorized by appropriations acts of the Legislature. 135 (d)(c)The commission shall adopt by rule procedures for 136 submitting a grant application and criteria for allocating 137 available funds. Such criteria shall include, but not be limited 138 to, the following: 139 1. The number of derelict vessels within the jurisdiction 140 of the applicant. 141 2. The threat posed by such vessels to public health or 142 safety, the environment, navigation, or the aesthetic condition 143 of the general vicinity. 144 3. The degree of commitment of the local government to 145 maintain waters free of abandoned and derelict vessels and to 146 seek legal action against those who abandon vessels in the 147 waters of the state. 148 (e)(d)This section shall constitute the authority for such 149 removal but is not intended to be in contravention of any 150 applicable federal act. 151 Section 4. This act shall take effect July 1, 2014. 152 153 ================= T I T L E A M E N D M E N T ================ 154 And the title is amended as follows: 155 Delete everything before the enacting clause 156 and insert: 157 A bill to be entitled 158 An act relating to vessel safety; amending s. 327.44, 159 F.S.; authorizing the Fish and Wildlife Conservation 160 Commission and certain law enforcement agencies or 161 officers to relocate or remove vessels that 162 unreasonably or unnecessarily constitute a navigation 163 hazard or interfere with another vessel; exempting the 164 commission or a law enforcement agency or officer from 165 liability for damages to a derelict vessel under 166 certain circumstances caused by the relocation or 167 removal of such a vessel; providing that the 168 commission or a law enforcement agency may recover 169 from the vessel owner its costs for the relocation or 170 removal of such a vessel; requiring the Department of 171 Legal Affairs to represent the commission in actions 172 to recover such costs; amending s. 823.11, F.S.; 173 providing definitions; authorizing the commission and 174 certain law enforcement agencies and officers to 175 relocate or remove a derelict vessel from public 176 waters if such vessel poses a danger to property or 177 persons; exempting the commission or a law enforcement 178 agency of officer from liability for damages caused by 179 its relocation or removal of such a vessel under 180 certain circumstances; expanding costs recoverable by 181 the commission or a law enforcement agency against the 182 owner of a derelict vessel for the relocation or 183 removal of such vessel; abrogating the power of the 184 commission to remove certain abandoned vessels and 185 recover its costs therefor; amending s. 376.15, F.S.; 186 providing a definition; authorizing relocation of 187 derelict vessels; exempting the commission or a law 188 enforcement agency of officer from liability for 189 damages caused by its relocation or removal of such a 190 vessel under certain circumstances; providing an 191 effective date.