Read the full stored bill text
Florida Senate
-
2026
CS for SB 1682
By
the Appropriations Committee on Agriculture, Environment, and
General Government; and Senator Trumbull
601-02529-26 20261682c1
1 A bill to be entitled
2 An act relating to local administration of vessel
3 restrictions; amending ss. 327.4107, 327.4111, and
4 823.11, F.S.; authorizing counties and municipalities
5 to adopt ordinances to administer, in coordination
6 with the Fish and Wildlife Conservation Commission,
7 certain provisions relating to vessels at risk of
8 becoming derelict, the enforcement of long-term
9 anchoring permit requirements, and derelict and
10 migrant vessels, respectively; authorizing counties
11 and municipalities to designate code enforcement
12 officers for specified purposes; providing that
13 certain determinations made by the code enforcement
14 officers are for administrative purposes only and are
15 not criminal findings; requiring counties and
16 municipalities to comply with specified provisions;
17 authorizing the commission to provide technical
18 assistance and guidance; providing construction;
19 requiring certain designations and actions by code
20 enforcement officers to be treated as equivalent to
21 specified law enforcement actions under certain
22 circumstances; authorizing the commission to adopt
23 rules; amending s. 327.4108, F.S.; revising the
24 exemption from requirements for vessel relocation for
25 certain vessels under certain circumstances; providing
26 an effective date.
27
28 Be It Enacted by the Legislature of the State of Florida:
29
30 Section 1. Present subsections (5) and (6) of section
31 327.4107, Florida Statutes, are redesignated as subsections (6)
32 and (7), respectively, and a new subsection (5) is added to that
33 section, to read:
34 327.4107 Vessels at risk of becoming derelict on waters of
35 this state.—
36
(
5
)
A county or municipality may elect to administer, in
37
coordination with the commission, this section relating to the
38
identification, notice, corrective action, relocation, removal,
39
storage, destruction, or disposal of vessels at risk of becoming
40
derelict within its jurisdiction
by adopting an ordinance to
41
that effect.
42
(a)
A county or municipality that adopts an ordinance under
43
this subsection:
44
1.
May designate a code enforcement officer as defined in
45
s. 162.21 to determine whether a vessel meets one or more of the
46
at-risk conditions listed in subsection (2). The code
47
enforcement officer’s determination is for administrative
48
abatement purposes only and may be used solely to initiate
49
notice, corrective action, relocation, storage, disposal, or
50
cost-recovery actions pursuant to this section and in accordance
51
with rules adopted by
the commission.
The code enforcement
52
officer’s
determination is not a criminal finding and may not
53
serve as a basis for prosecution under this section or any other
54
criminal violation relating to vess
el conditions or derelict
55
vessels.
56
2.
Shall comply with all notice, documentation,
57
environmental compliance, storage, and recordkeeping
58
requirements established by the commission and this section
59
before taking corrective action on a vessel. The commission may
60
provide technical assistance and guidance to the county or
61
municipality.
62
(b)
This subsection may not be construed to prohibit a
63
county or municipality from coordinating with law enforcement
64
agencies for purposes of criminal investigation or prosecution
65
relating to violations of this chapter or chapter 823. A code
66
enforcement officer acting pursuant to this subsection may
67
provide documentation, photographs, observations, statements,
68
and other non-law enforcement support to a law enforcement
69
agency, but may not make a criminal determination or take any
70
action reserved for law enforcement officers under this chapter.
71
(c)
For purposes of any commission-administered program
72
relating to the prevention, mitigation, removal, relocation,
73
storage, or destruction of vessels at risk of becoming derelict,
74
including the derelict vessel prevention program authorized
75
under subsection (7), a designation of a vessel as at risk of
76
becoming derelict by a county or municipal code enforcement
77
officer pursuant to this subsection must be treated,
if the
78
county or municipality submits all documentation, photographic
79
evidence, and verification materials required by commission
80
rule, as equivalent to such a designation by a law enforcement
81
officer.
82
(d)
The commission may adopt rules to implement this
83
subsection, including procedures for verifying administrative
84
designations, ensuring statewide consistency in the application
85
of at-risk criteria, maintaining records of corrective actions
86
or removals, providing technical assistance to local
87
governments, and auditing reimbursement or cost-recovery
88
requests.
89 Section 2. Present subsections (5) through (9) of section
90 327.4111, Florida Statutes, are redesignated as subsections (6)
91 through (10), respectively, and a new subsection (5) is added to
92 that section, to read:
93 327.4111 Long-term anchoring.—
94
(
5
)
A county or municipality may elect to administer, in
95
coordination with the commission, this section relating to the
96
enforcement of long-term anchoring permit requirements within
97
its jurisdiction by adopting an ordinance to that effect.
98
(a)
A county or municipality that adopts an ordinance under
99
this subsection:
100
1.
May des
ignate a code
enforcement officer as defined in
101
s. 162.21 to investigate, document, and cite violations of
102
subsection (4).
A citation from a code enforcement officer is a
103
noncriminal infraction punishable as provided in s. 327.73 and
104
may be issued through local code
enforcement procedures or the
105
uniform boating citation system under s. 327.74, as determined
106
by commission rule or local ordinance. A citation issued
107
pursuant to this subparagraph
does not constitute a crimina
l
108
finding and may be used solely for the imposition of civil
109
penalties, corrective actions, or cost recovery authorized under
110
this chapter.
111
2.
Shall comply with all permit verification,
112
documentation, notice, and recordkeeping requirements
113
established by the commission before a code enforcement officer
114
may issue a citation or take other enforcement action. The
115
commission may provide technical assistance, training, and
116
guidance to the county or municipality.
117
(b)
Administrative enforcement under this subsection does
118
not preclude parallel enforcement by law enforcement officers
119
under s. 327.70. This subsection may not be construed to
120
prohibit a county or municipality from coordinating with law
121
enforcement agencies for purposes of criminal investigation or
122
prosecution relating to violations of this chapter or chapter
123
823. A code enforcement officer acting pursuant to this
124
subsection may provide documentation, photographs, observations,
125
statements, and other non-law enforcement support to a law
126
enforcement agency, but may not make a criminal determination or
127
take any action reserved for law enforcement officers under this
128
chapter.
129
(c)
For purposes of any commission-administered program
130
relating to anchoring regulation, vessel compliance, or public
131
nuisance abatement, a noncriminal infraction citation for a
132
violation of subsection (4) issued by a county or municipal code
133
enforcement officer pursuant to this subsection must be treated,
134
if the county or municipality submits all documentation,
135
photographic evidence, location data, permit status
136
verification, and other materials required by commission rule,
137
as equivalent to a uniform boating citation issued by a law
138
enforcement officer.
139
(d)
The commission may adopt rules to implement this
140
subsection, including procedures for local designation of code
141
enforcement officers, verifying compliance with permit
142
requirements, ensuring statewide consistency in enforcement
143
criteria, coordinating with the uniform boating citation system,
144
maintaining records of citations and resolutions, providing
145
technical assistance or training to counties or municipalities,
146
and auditing any reimbursement or cost-sharing requests.
147 Section 3. Present subsections (6) and (7) of section
148 823.11, Florida Statutes, are redesignated as subsections (7)
149 and (8), respectively, a new subsection (6) is added to that
150 section, and paragraph (c) of subsection (4) of that section is
151 amended, to read:
152 823.11 Derelict and migrant vessels; relocation or removal;
153 penalty.—
154 (4)
155 (c) The commission may establish a program to provide
156 grants to local governments for the removal, storage,
157 destruction, and disposal of derelict vessels or migrant vessels
158 from the waters of this state. This grant funding may also be
159 used for the removal, storage, destruction, and disposal of
160 vessels declared a public nuisance pursuant to s. 327.73(1)(aa)
161 or the derelict vessel prevention program established pursuant
162 to
s. 327.4107(8)
s. 327.4107(7)
. The program must be funded
163 from the Marine Resources Conservation Trust Fund or the Florida
164 Coastal Protection Trust Fund. Notwithstanding s. 216.181(11),
165 funds available for these grants may only be authorized by
166 appropriations acts of the Legislature. In a given fiscal year,
167 if all funds appropriated pursuant to this paragraph are not
168 requested by and granted to local governments for the removal,
169 storage, destruction, and disposal of derelict vessels, migrant
170 vessels, or vessels declared a public nuisance pursuant to s.
171 327.73(1)(aa) by the end of the third quarter, the Fish and
172 Wildlife Conservation Commission may use the remainder of the
173 funds to remove, store, destroy, and dispose of, or to pay
174 private contractors to remove, store, destroy, and dispose of,
175 derelict vessels, migrant vessels, or vessels declared a public
176 nuisance pursuant to s. 327.73(1)(aa). The commission shall
177 adopt by rule procedures for local governments to submit a grant
178 application and criteria for allocating available funds. Such
179 criteria must include, at a minimum, all of the following:
180 1. The number of derelict vessels and migrant vessels
181 within the jurisdiction of the applicant.
182 2. The threat posed by such vessels to public health or
183 safety, the environment, navigation, or the aesthetic condition
184 of the general vicinity.
185 3. The degree of commitment of the local government to
186 maintain waters free of abandoned, derelict, and migrant vessels
187 and to seek legal action against those who abandon vessels in
188 the waters of this state as defined in s. 327.02.
189
(
6
)
A county or municipality may elect to administer, in
190
coordination with the commission, this section relating to the
191
identification, removal, storage, destruction, or disposal of
192
derelict vessels within its jurisdiction by adopting an
193
ordinance to that effect.
194
(a)
A county or municipality that adopts an ordinance under
195
this subsection:
196
1.
M
ay designate
a
code
enforcement officer as defined in
197
s. 162.21 to determine
whether
a vessel meets the definition of
198
a
derelict vessel
as
provided in this section for administrative
199
abatement purposes only.
The code enforcement officer’s
200
determination is no
t a criminal finding and may not serve as the
201
basis for prosecution under this section. Such determinations
202
may be used solely to initiate notice, removal, disposal, and
203
cost-recovery actions pursuant to this section and in accordance
204
with rules adopted by the commission.
205
2.
Shall comply with all notice, documentation, storage,
206
and environmental compliance requirements established by the
207
commission and this section before removing or disposing of a
208
vessel. The commission may provide technical assistance and
209
guidance to the county or municipality.
210
(b)
This subsection may not be construed to prohibit a
211
county or municipality from coordinating with law enforcement
212
agencies for purposes of criminal investigation or prosecution
213
relating to violations of chapter 327 or this chapter. A code
214
enforcement officer acting pursuant to this subsection may
215
provide documentation, photographs, observations, statements,
216
and other non-law enforcement support to a law enforcement
217
agency but may not make a criminal determination or take any
218
action reserved for law enforcement officers under this chapter.
219
(c)
For purposes of the Derelict Vessel Removal Grant
220
Program administered by the commission, a designation of a
221
vessel as derelict by a county or municipal code enforcement
222
officer under this subsection must be treated, if the county or
223
municipality submits the required documentation, photographic
224
evidence, and verification materials in accordance with
225
commission rules, as equivalent to such a designation by a law
226
enforcement officer.
227
(d)
The commission may adopt rules to implement this
228
subsection, including procedures for verifying administrative
229
designations, maintaining records of removals, providing
230
technical assistance to local governments, and auditing
231
reimbursement requests.
232 Section 4. Paragraph (d) of subsection (3) of section
233 327.4108, Florida Statutes, is amended to read:
234 327.4108 Anchoring of vessels in anchoring limitation
235 areas.—
236 (3)
237 (d) A vessel upon the waters of this state and within
238 Monroe County for which the owner or occupant has established
239 the vessel as a domicile in accordance with s. 222.17 is exempt
240 from paragraph (a) until at least
60
100
new moorings are
241 available for public use within 1 mile of the Key West Bight
242 City Dock. Until such time, the commission shall designate the
243 area within 1 mile of the Key West Bight City Dock as a priority
244 for the investigation and removal of derelict vessels.
245 Section 5. This act shall take effect July 1, 2026.