Bill Text: FL S1594 | 2014 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Vessel Safety

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2014-05-01 - Laid on Table, companion bill(s) passed, see CS/CS/HB 1363 (Ch. 2014-143) [S1594 Detail]

Download: Florida-2014-S1594-Comm_Sub.html

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       Florida Senate - 2014                             CS for SB 1594
       
       
        
       By the Committee on Environmental Preservation and Conservation;
       and Senators Bradley and Dean
       
       
       
       
       592-02552-14                                          20141594c1
    1                        A bill to be entitled                      
    2         An act relating to vessel safety; amending s. 327.44,
    3         F.S.; authorizing the Fish and Wildlife Conservation
    4         Commission and certain law enforcement agencies or
    5         officers to relocate or remove vessels that
    6         unreasonably or unnecessarily constitute a navigation
    7         hazard or interfere with another vessel; exempting the
    8         commission or a law enforcement agency or officer from
    9         liability for damages to such a vessel caused by the
   10         relocation or removal thereof; providing an exception;
   11         providing that the commission or a law enforcement
   12         agency may recover from the vessel owner its costs for
   13         the relocation or removal of such a vessel; requiring
   14         the Department of Legal Affairs to represent the
   15         commission in actions to recover such costs; amending
   16         s. 376.15, F.S.; defining the term “commission”;
   17         authorizing the commission and certain law enforcement
   18         agencies and officers to relocate or remove a derelict
   19         vessel from public waters; exempting the commission or
   20         a law enforcement agency of officer from liability for
   21         damages to such a vessel caused by the relocation or
   22         removal thereof; providing an exception; amending s.
   23         823.11, F.S.; defining the term “commission”;
   24         authorizing the commission and certain law enforcement
   25         agencies and officers to relocate or remove a derelict
   26         vessel from public waters if such vessel poses a
   27         danger to property or persons; exempting the
   28         commission or a law enforcement agency of officer from
   29         liability for damages to such a vessel caused by the
   30         relocation or removal thereof; providing an exception;
   31         expanding costs recoverable by the commission or a law
   32         enforcement agency against the owner of a derelict
   33         vessel for the relocation or removal thereof;
   34         abrogating the power of the commission to remove
   35         certain abandoned vessels and recover its costs
   36         therefor; providing an effective date.
   37          
   38  Be It Enacted by the Legislature of the State of Florida:
   39  
   40         Section 1. Section 327.44, Florida Statutes, is amended to
   41  read:
   42         327.44 Interference with navigation; relocation or removal;
   43  recovery of costs.—
   44         (1) No person shall anchor, operate, or permit to be
   45  anchored, except in case of emergency, or operated a vessel or
   46  carry on any prohibited activity in a manner which shall
   47  unreasonably or unnecessarily constitute a navigational hazard
   48  or interfere with another vessel. Anchoring under bridges or in
   49  or adjacent to heavily traveled channels shall constitute
   50  interference if unreasonable under the prevailing circumstances.
   51         (2) The commission, officers of the commission, and any law
   52  enforcement agency or officer specified in s. 327.70 is
   53  authorized and empowered to relocate, remove, or cause to be
   54  relocated or removed a vessel that unreasonably or unnecessarily
   55  constitutes a navigational hazard or interferes with another
   56  vessel. The commission and any other law enforcement agency or
   57  officer acting under this subsection to relocate, remove, or
   58  cause to be relocated or removed a vessel that unreasonably or
   59  unnecessarily constitutes a navigational hazard or interferes
   60  with another vessel shall be held harmless for all damages to
   61  the derelict vessel resulting from such relocation or removal,
   62  unless the damage results from gross negligence or willful
   63  misconduct.
   64         (3) All costs, including costs owed to a third party,
   65  incurred by the commission or other law enforcement agency in
   66  the relocation or removal of a vessel that unreasonably or
   67  unnecessarily constitutes a navigational hazard or interferes
   68  with another vessel are recoverable against the vessel owner.
   69  The Department of Legal Affairs shall represent the commission
   70  in actions to recover such costs.
   71         Section 2. Section 376.15, Florida Statutes, is amended to
   72  read
   73         376.15 Derelict vessels; relocation or removal from public
   74  waters.—
   75         (1) For the purposes of this section, “commission” means
   76  the Fish and Wildlife Conservation Commission.
   77         (2)(1) It is unlawful for any person, firm, or corporation
   78  to store, leave, or abandon any derelict vessel as defined in s.
   79  823.11(1) in this state.
   80         (3)(2)(a) The Fish and Wildlife Conservation commission and
   81  its officers and all law enforcement officers as specified in s.
   82  327.70 are authorized and empowered to relocate or remove any
   83  derelict vessel as defined in s. 823.11(1) from public waters.
   84  All costs incurred by the commission or other law enforcement
   85  agency in the relocation or removal of any abandoned or derelict
   86  vessel shall be recoverable against the owner of the vessel. The
   87  Department of Legal Affairs shall represent the commission in
   88  such actions.
   89         (b) The commission and any other law enforcement agency or
   90  officer as specified in s. 327.70 acting under this section to
   91  relocate, remove, or cause to be relocated or removed a derelict
   92  vessel from public waters shall be held harmless for all damages
   93  to the derelict vessel resulting from such relocation or
   94  removal, unless the damage results from gross negligence or
   95  willful misconduct.
   96         (c)(b) The commission may establish a program to provide
   97  grants to local governments for the removal of derelict vessels
   98  from the public waters of the state. The program shall be funded
   99  from the Florida Coastal Protection Trust Fund. Notwithstanding
  100  the provisions in s. 216.181(11), funds available for grants may
  101  only be authorized by appropriations acts of the Legislature.
  102         (d)(c) The commission shall adopt by rule procedures for
  103  submitting a grant application and criteria for allocating
  104  available funds. Such criteria shall include, but not be limited
  105  to, the following:
  106         1. The number of derelict vessels within the jurisdiction
  107  of the applicant.
  108         2. The threat posed by such vessels to public health or
  109  safety, the environment, navigation, or the aesthetic condition
  110  of the general vicinity.
  111         3. The degree of commitment of the local government to
  112  maintain waters free of abandoned and derelict vessels and to
  113  seek legal action against those who abandon vessels in the
  114  waters of the state.
  115         (e)(d) This section shall constitute the authority for such
  116  removal but is not intended to be in contravention of any
  117  applicable federal act.
  118         Section 3. Section 823.11, Florida Statutes, is amended to
  119  read:
  120         823.11 Abandoned and Derelict vessels; relocation or
  121  removal; penalty.—
  122         (1) For the purposes of this section, the term:
  123         (a) “Derelict vessel” means a any vessel, as defined in s.
  124  327.02, that is left, stored, or abandoned:
  125         1.(a) In a wrecked, junked, or substantially dismantled
  126  condition upon any public waters of this state.
  127         2.(b) At a any port in this state without the consent of
  128  the agency having jurisdiction thereof.
  129         3.(c) Docked, or grounded, at or beached upon the property
  130  of another without the consent of the owner of the property.
  131         (b) “Commission” means the Fish and Wildlife Conservation
  132  Commission.
  133         (2) It is unlawful for a any person, firm, or corporation
  134  to store, leave, or abandon any derelict vessel as defined in
  135  this section in this state.
  136         (3)(a) The Fish and Wildlife Conservation commission, and
  137  its officers of the commission, and any all law enforcement
  138  agency or officer officers as specified in s. 327.70 is are
  139  authorized and empowered to relocate, remove, or cause to be
  140  relocated or removed a any abandoned or derelict vessel from
  141  public waters if the derelict vessel in any instance when the
  142  same obstructs or threatens to obstruct navigation or in any way
  143  constitutes a danger to the environment, property, or persons.
  144  The commission or any other law enforcement agency or officer
  145  acting under this subsection to relocate, remove, or cause to be
  146  relocated or removed a derelict vessel from public waters shall
  147  be held harmless for all damages to the derelict vessel
  148  resulting from such relocation or removal, unless the damage
  149  results from gross negligence or willful misconduct.
  150         (a) Removal of derelict vessels under pursuant to this
  151  subsection section may be funded by grants provided in ss.
  152  206.606 and 376.15. The Fish and Wildlife Conservation
  153  Commission shall is directed to implement a plan for the
  154  procurement of any available federal disaster funds and to use
  155  such funds for the removal of derelict vessels.
  156         (b) All costs, including costs owed to a third party,
  157  incurred by the commission or other law enforcement agency in
  158  the relocation or removal of a any abandoned or derelict vessel
  159  are as set out above shall be recoverable against the vessel
  160  owner thereof. The Department of Legal Affairs shall represent
  161  the commission in such actions to recover such costs. As
  162  provided in s. 705.103(4), a any person who neglects or refuses
  163  to pay such costs may amount is not entitled to be issued a
  164  certificate of registration for such vessel or for any other
  165  vessel or motor vehicle until such the costs have been paid.
  166         (4)(b) When a derelict vessel is docked, or grounded, at or
  167  beached upon private property without the consent of the owner
  168  of the property, the owner of the property may remove the vessel
  169  at the vessel owner’s expense 60 days after compliance with the
  170  notice requirements specified in s. 328.17(5). The private
  171  property owner may not hinder reasonable efforts by the vessel
  172  owner or the vessel owner’s agent to remove the vessel. Any
  173  Notice given pursuant to this subsection is paragraph shall be
  174  presumed to be delivered when it is deposited with the United
  175  States Postal Service, certified, and properly addressed with
  176  prepaid postage.
  177         (5)(4) A Any person, firm, or corporation violating this
  178  section act commits a misdemeanor of the first degree and shall
  179  be punished as provided by law. A conviction under this section
  180  does shall not bar the assessment and collection of the civil
  181  penalty provided in s. 376.16 for violation of s. 376.15. The
  182  court having jurisdiction over the criminal offense,
  183  notwithstanding any jurisdictional limitations on the amount in
  184  controversy, may order the imposition of such civil penalty in
  185  addition to any sentence imposed for the first criminal offense.
  186         Section 4. This act shall take effect July 1, 2014.