Senate Bill 1812 (2025) — Derelict vessels
SB 1812
Florida Bills
Florida Senate - 2025 SB 1812 By Senator Jones 34-00506A-25 20251812__ Page 1 of 11 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1
An act relating to derelict vessels; amending s. 2 327.4107, F.S.; revising conditions by which an 3 officer of the Fish and Wildlife Conservation 4 Commission or of a law enforcement agency may 5 determine a vessel is at risk of becoming derelict; 6 conforming provision to changes made by the act; 7 amending s. 705.103, F.S.; revising the list of 8 vessels upon which a law enforcement officer must 9 place a certain notice; conforming provisions to 10 changes made by the act; amending s. 823.11, F.S.; 11 revising the definition of the term “derelict vessel”; 12 requiring that a vessel subject to a specified number 13 of violations during a certain timeframe be declared a 14 public nuisance; conforming provisions to changes made 15 by the act; reenacting ss. 327.54(3)(
d) and 16 705.101(1), F.S., relating to renting or leasing a 17 vessel by a livery, and
definitions, respectively, to 18 incorporate the amendment made to s. 823.11, F.S., in 19 references thereto; providing an effective date. 20 21 Be It Enacted by the Legislature of the State of Florida: 22 23
Section 1. Paragraph (
a) of subsection (7) of
section 24 327.4107, Florida Statutes, is amended, and paragraph (
g) is 25 added to subsection (2) of that section, to read: 26 327.4107 Vessels at risk of becoming derelict on waters of 27 this state.— 28
(2) An officer of the commission or of a law enforcement 29
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 2 of 11 CODING: Words stricken are deletions; words underlined are additions. agency specified in s. 327.70 may determine that a vessel is at 30 risk of becoming derelict if any of the following conditions 31 exist: 32 (
g) The owner of the vessel fails to timely renew the 33 registration for the vessel pursuant to s. 328.72(12) and s. 34 328.735(1). 35
(7) The commission may establish a derelict vessel 36 prevention program to address vessels at risk of becoming 37 derelict. Such program may, but is not required to, include: 38 (
a) Removal, relocation, and destruction of vessels 39 declared a public nuisance, derelict or at risk of becoming 40 derelict, or lost or abandoned in accordance with s. 327.53(7), 41 s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(2)(
e) and 42 (3) s. 823.11(3). 43 44 The commission may adopt rules to implement this subsection. 45 Implementation of the derelict vessel prevention program shall 46 be subject to appropriation by the Legislature and shall be 47 funded by the Marine Resources Conservation Trust Fund or the 48 Florida Coastal Protection Trust Fund. 49
Section 2. Paragraph (
a) of subsection (2) and subsection 50 (4) of
section 705.103, Florida Statutes, are amended to read: 51 705.103 Procedure for abandoned or lost property.— 52 (2)(a)1. Whenever a law enforcement officer ascertains 53 that: 54 a. An
article of lost or abandoned property other than a 55 derelict vessel or a vessel declared a public nuisance pursuant 56 to s. 327.73(1)(aa) is present on public property and is of such 57 nature that it cannot be easily removed, the officer shall cause 58
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 3 of 11 CODING: Words stricken are deletions; words underlined are additions. a notice to be placed upon such
article in substantially the 59 following form: 60 61 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 62 PROPERTY. This property, to wit: ...(setting forth brief 63 description)... is unlawfully upon public property known as 64 ...(setting forth brief description of location)... and must be 65 removed within 5 days; otherwise, it will be removed and 66 disposed of pursuant to
chapter 705, Florida Statutes. The owner 67 will be liable for the costs of removal, storage, and 68 publication of notice. Dated this: ...(setting forth the date of 69 posting of notice)..., signed: ...(setting forth name, title, 70 address, and telephone number of law enforcement officer).... 71 72 b. A derelict vessel or a vessel declared a public nuisance 73 pursuant to s. 327.73(1)(aa) or s. 823.11(2)(
e) is present on 74 the waters of this state, the officer shall cause a notice to be 75 placed upon such vessel in substantially the following form: 76 77 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED 78 VESSEL. This vessel, to wit: ...(setting forth brief description 79 of location)... has been determined to be ...(derelict or a 80 public nuisance)... and is unlawfully upon the waters of this 81 state ...(setting forth brief description of location)... and 82 must be removed within 21 days; otherwise, it will be removed 83 and disposed of pursuant to
chapter 705, Florida Statutes. The 84 owner and other interested parties have the right to a hearing 85 to challenge the determination that this vessel is derelict or 86 otherwise in violation of the law. Please contact ...(contact 87
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 4 of 11 CODING: Words stricken are deletions; words underlined are additions. information for person who can arrange for a hearing in 88 accordance with this section).... The owner or the party 89 determined to be legally responsible for the vessel being upon 90 the waters of this state in a derelict condition or as a public 91 nuisance will be liable for the costs of removal, destruction, 92 and disposal if this vessel is not removed by the owner.
Dated 93 this: ...(setting forth the date of posting of notice)..., 94 signed: ...(setting forth name, title, address, and telephone 95 number of law enforcement officer).... 96 97 2. The notices required under subparagraph 1. may not be 98 less than 8 inches by 10 inches and must be sufficiently 99 weatherproof to withstand normal exposure to the elements. In 100 addition to posting, the law enforcement officer shall make a 101 reasonable effort to ascertain the name and address of the 102 owner.
If such is reasonably available to the officer, she or he 103 shall mail a copy of such notice to the owner on the date of 104 posting or as soon thereafter as is practical. If the property 105 is a motor vehicle as defined in s. 320.01(1) or a vessel as 106 defined in s. 327.02, the law enforcement agency shall contact 107 the Department of Highway Safety and Motor Vehicles in order to 108 determine the name and address of the owner and any person who 109 has filed a lien on the vehicle or vessel as provided in s. 110 319.27(2) or (3) or s. 328.15.
On receipt of this information, 111 the law enforcement agency shall mail a copy of the notice by 112 certified mail, return receipt requested, to the owner and to 113 the lienholder, if any, except that a law enforcement officer 114 who has issued a citation for a violation of s. 823.11 to the 115 owner of a derelict vessel is not required to mail a copy of the 116
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 5 of 11 CODING: Words stricken are deletions; words underlined are additions. notice by certified mail, return receipt requested, to the 117 owner. For a derelict vessel or a vessel declared a public 118 nuisance pursuant to s. 327.73(1)(aa), the mailed notice must 119 inform the owner or responsible party that he or she has a right 120 to a hearing to dispute the determination that the vessel is 121 derelict or otherwise in violation of the law.
If a request for 122 a hearing is made, a state agency shall follow the processes as 123 set forth in s. 120.569. Local governmental entities shall 124 follow the processes set forth in s. 120.569, except that a 125 local judge, magistrate, or code enforcement officer may be 126 designated to conduct such a hearing. If, at the end of 5 days 127 after posting the notice in sub-subparagraph 1.a., or at the end 128 of 21 days after posting the notice in sub-subparagraph 1.b., 129 and mailing such notice, if required, the owner or any person 130 interested in the lost or abandoned
article or articles 131 described has not removed the
article or articles from public 132 property or shown reasonable cause for failure to do so, and, in 133 the case of a derelict vessel or a vessel declared a public 134 nuisance pursuant to s. 327.73(1)(aa), has not requested a 135 hearing in accordance with this section, the following shall 136 apply: 137 a.
For abandoned property other than a derelict vessel or a 138 vessel declared a public nuisance pursuant to s. 327.73(1)(aa), 139 the law enforcement agency may retain any or all of the property 140 for its own use or for use by the state or unit of local 141 government, trade such property to another unit of local 142 government or state agency, donate the property to a charitable 143 organization, sell the property, or notify the appropriate 144 refuse removal service. 145
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 6 of 11 CODING: Words stricken are deletions; words underlined are additions. b. For a derelict vessel or a vessel declared a public 146 nuisance pursuant to s. 327.73(1)(aa), the law enforcement 147 agency or its designee may: 148 (
I) Remove the vessel from the waters of this state and 149 destroy and dispose of the vessel or authorize another 150 governmental entity or its designee to do so; or 151 (II) Authorize the vessel’s use as an artificial reef in 152 accordance with s. 379.249 if all necessary federal, state, and 153 local authorizations are received. 154 155 A law enforcement agency or its designee may also take action as 156 described in this sub-subparagraph if, following a hearing 157 pursuant to this section, the judge, magistrate, administrative 158 law judge, or hearing officer has determined the vessel to be 159 derelict as provided in s. 823.11 or otherwise in violation of 160 the law in accordance with s. 327.73(1)(aa) and a final order 161 has been entered or the case is otherwise closed. 162
(4) The owner of any abandoned or lost property, or in the 163 case of a derelict vessel or a vessel declared a public nuisance 164 pursuant to s. 327.73(1)(aa) or s. 823.11(2)(e), the owner or 165 other party determined to be legally responsible for the vessel 166 being upon the waters of this state in a derelict condition or 167 as a public nuisance, who, after notice as provided in this 168 section, does not remove such property within the specified 169 period is liable to the law enforcement agency, other 170 governmental entity, or the agency’s or entity’s designee for 171 all costs of removal, storage, destruction, and disposal of such 172 property, less any salvage value obtained by disposal of the 173 property.
Upon final disposition of the property, the law 174
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 7 of 11 CODING: Words stricken are deletions; words underlined are additions. enforcement officer or representative of the law enforcement 175 agency or other governmental entity shall notify the owner, or 176 in the case of a derelict vessel or vessel declared a public 177 nuisance pursuant to s. 327.73(1)(aa) or s. 823.11(2)(e), the 178 owner or other party determined to be legally responsible, if 179 known, of the amount owed.
In the case of an abandoned vessel or 180 motor vehicle, any person who neglects or refuses to pay such 181 amount is not entitled to be issued a certificate of 182 registration for such vessel or motor vehicle, or any other 183 vessel or motor vehicle, until such costs have been paid.
A 184 person who has neglected or refused to pay all costs of removal, 185 storage, disposal, and destruction of a vessel or motor vehicle 186 as provided in this section, after having been provided written 187 notice via certified mail that such costs are owed, and who 188 applies for and is issued a registration for a vessel or motor 189 vehicle before such costs have been paid in full commits a 190 misdemeanor of the first degree, punishable as provided in s. 191 775.082 or s. 775.083.
The law enforcement officer or 192 representative of the law enforcement agency or other 193 governmental entity shall supply the Department of Highway 194 Safety and Motor Vehicles with a list of persons whose vessel 195 registration privileges and motor vehicle privileges have been 196 revoked under this subsection. The department or a person acting 197 as an agent of the department may not issue a certificate of 198 registration to a person whose vessel and motor vehicle 199 registration privileges have been revoked, as provided by this 200 subsection, until such costs have been paid. 201
Section 3. Paragraph (
b) of subsection (1) and paragraph 202 (
c) of subsection (4) of
section 823.11, Florida Statutes, are 203
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 8 of 11 CODING: Words stricken are deletions; words underlined are additions. amended, and paragraph (
e) is added to subsection (2) of that 204 section, to read: 205 823.11 Derelict vessels; relocation or removal; penalty.— 206
(1) As used in this section, the term: 207 (b) “Derelict vessel” means a vessel, as defined in s. 208 327.02, that is: 209 1. In a wrecked, junked, or substantially dismantled 210 condition upon any waters of this state. 211 a. A vessel is wrecked if it is sunken or sinking; aground 212 without the ability to extricate itself absent mechanical 213 assistance; or remaining after a marine casualty, including, but 214 not limited to, a boating accident, extreme weather, or a fire. 215 b.
A vessel is junked if it has been substantially stripped 216 of vessel components, if vessel components have substantially 217 degraded or been destroyed, or if the vessel has been discarded 218 by the owner or operator. Attaching an outboard motor to a 219 vessel that is otherwise junked will not cause the vessel to no 220 longer be junked if such motor is not an effective means of 221 propulsion as required by s. 327.4107(2)(
e) and associated 222 rules. 223 c. A vessel is substantially dismantled if at least two of 224 the three following vessel systems or components are missing, 225 compromised, incomplete, inoperable, or broken: 226 (
I) The steering system; 227 (II) The propulsion system; or 228 (III) The exterior hull integrity. 229 d. A vessel is wrecked, junked, or substantially dismantled 230 if the vessel owner or operator is unable to provide a receipt, 231 proof of purchase, or other documentation of having made a 232
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 9 of 11 CODING: Words stricken are deletions; words underlined are additions. permanent and substantial repair to the vessel which remedies 233 its wrecked, junked, or substantially dismantled state. 234 235 Attaching an outboard motor to a vessel that is otherwise 236 substantially dismantled will not cause the vessel to no longer 237 be substantially dismantled if such motor is not an effective 238 means of propulsion as required by s. 327.4107(2)(
e) and 239 associated rules. 240 2. At a port in this state without the consent of the 241 agency having jurisdiction thereof. 242 3. Docked, grounded, or beached upon the property of 243 another without the consent of the owner of the property. 244 4. Unregistered or has never been registered in this state. 245 (2) 246 (
e) A vessel of a person, firm, or corporation charged with 247 violating paragraph (
a) three or more times within a 24-month 248 period must be declared a public nuisance subject to subsection 249 (4) and s. 705.103(2) and (4). 250 (4) 251 (
c) The commission may establish a program to provide 252 grants to local governments for the removal, storage, 253 destruction, and disposal of derelict vessels from the waters of 254 this state. This grant funding may also be used for the removal, 255 storage, destruction, and disposal of vessels declared a public 256 nuisance pursuant to paragraph (2)(
e) and s. 327.73(1)(aa). The 257 program must be funded from the Marine Resources Conservation 258 Trust Fund or the Florida Coastal Protection Trust Fund. 259 Notwithstanding s. 216.181(11), funds available for these grants 260 may only be authorized by appropriations acts of the 261
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 10 of 11 CODING: Words stricken are deletions; words underlined are additions. Legislature. In a given fiscal year, if all funds appropriated 262 pursuant to this paragraph are not requested by and granted to 263 local governments for the removal, storage, destruction, and 264 disposal of derelict vessels or vessels declared a public 265 nuisance pursuant to paragraph (2)(
e) and s. 327.73(1)(aa) by 266 the end of the third quarter, the Fish and Wildlife Conservation 267 Commission may use the remainder of the funds to remove, store, 268 destroy, and dispose of, or to pay private contractors to 269 remove, store, destroy, and dispose of, derelict vessels or 270 vessels declared a public nuisance pursuant to paragraph (2)(e) 271 and s. 327.73(1)(aa). The commission shall adopt by rule 272 procedures for local governments to submit a grant application 273 and criteria for allocating available funds. Such criteria must 274 include, at a minimum, the following: 275 1.
The number of derelict vessels within the jurisdiction 276 of the applicant. 277 2. The threat posed by such vessels to public health or 278 safety, the environment, navigation, or the aesthetic condition 279 of the general vicinity. 280 3. The degree of commitment of the local government to 281 maintain waters free of abandoned and derelict vessels and to 282 seek legal action against those who abandon vessels in the 283 waters of this state as defined in s. 327.02. 284
Section 4. For the purpose of incorporating the amendment 285 made by this act to
section 823.11, Florida Statutes, in a 286 reference thereto, paragraph (
d) of subsection (3) of
section 287 327.54, Florida Statutes, is reenacted to read: 288 327.54 Liveries; safety regulations; penalty.— 289
(3) A livery may not knowingly lease or rent a vessel to 290
Florida Senate - 2025 SB 1812 34-00506A-25 20251812__ Page 11 of 11 CODING: Words stricken are deletions; words underlined are additions. any person: 291 (
d) When the vessel is not seaworthy, is a derelict vessel 292 as defined in s. 823.11, or is at risk of becoming derelict as 293 provided in s. 327.4107. 294
Section 5. For the purpose of incorporating the amendment 295 made by this act to
section 823.11, Florida Statutes, in a 296 reference thereto, subsection (1) of
section 705.101, Florida 297 Statutes, is reenacted to read: 298 705.101
Definitions.—As used in this chapter: 299 (1) “Abandoned property” means all tangible personal 300 property that does not have an identifiable owner and that has 301 been disposed on public property in a wrecked, inoperative, or 302 partially dismantled condition or has no apparent intrinsic 303 value to the rightful owner. The term includes derelict vessels 304 as defined in s. 823.11 and vessels declared a public nuisance 305 pursuant to s. 327.73(1)(aa). 306