PROPOSED BILL WOULD MAKE KEYS LIVEABOARDS MOVE EVERY 3 MONTHS

[CSYChip]

Key West does not have any more derelict boats than it normally has. There are 2 very local issues pushing the bill now. One is that it is in the interest of certain marina developers to remove what they see as eye sores near their marinas so that they can attract mega-yachts. The other is that this year (probably due to covid) all of the slips and public moorings have been full to overflowing since November.

[AA3JY]

Originally Posted by sailorboy1

If you have been to Boot Key/Marathon you understand exactly what boats are targeted in this Bill and why.

Yep..just arrived in Boot Key...and definitely needs to be addressed here..

[capn_billl]

Originally Posted by GordMay

Has anyone actually read House Bill 639, it’s Amendments, Analysis, and Citations?
➥ https://www.flsenate.gov/Session/Bill/2021/639
➥ https://www.flsenate.gov/Session/Bil...illText/c1/PDF

Thanks for posting this.

It looks like the usual grab bag of "regulations", tossed in together.

[GordMay]

A few of the relevant sections, excerpted from “Citations”
➥ https://www.flsenate.gov/Session/Bil...?Tab=Citations

327.4107 Vessels at risk of becoming derelict on waters of this state
➥ https://www.flsenate.gov/laws/statutes/2020/327.4107

327.4108 Anchoring of vessels in anchoring limitation areas
➥ https://www.flsenate.gov/laws/statutes/2020/327.4108

327.4109 Anchoring or mooring prohibited; exceptions; penalties
➥ https://www.flsenate.gov/laws/statutes/2020/327.4109

327.53 Marine sanitation
➥ https://www.flsenate.gov/laws/statutes/2020/327.53

327.60 Local regulations; limitations
➥ https://www.flsenate.gov/laws/statutes/2020/327.60

823.11 Derelict vessels; relocation or removal; penalty
➥ https://www.flsenate.gov/laws/statutes/2020/823.11

[capn_billl]

Like most bills an attempt to fix problems caused by government is,...more government.

The derelict boats is a real problem.

The law currently exists to seize, or fine boats with expired registration, but is not enforced.
(Except on boats with out of State registration just passing through).

Which brings up the next point.

Government tends to ignore moderate laws claiming "not enough laws" until new draconian regulations are passed, then apply them vigorously to everyone EXCEPT the stated targets.

If this law is passed, is the State of Florida going to evaluate each boat, and tow the abandoned ones out?

NO, not a chance.

What will happen is a new budget will be approved, taxes increased, and the newly funded water patrol will harass cruisers who are passing through, and fining them for any infractions listed in this new bill.

The derelicts will still be there.

WHY? There is no money in it.

Whomever abandoned these boats with no identification, did so because they did not have the money to dispose of them properly.

I know of one boat that was arrested while on the boat, and is now serving a lengthy prison sentence.

His boat has since sunk after dragging anchor in a storm, and colliding with other boats before hitting a reef.

Apparently the arresting officers couldn't be bothered to secure his boat, and he didn't want to waste his phone call on a relative or friend to secure it while he was in prison.

Without electing pro boating politicians i don't see a solution here.

[capn_billl]

327.127.

"The following densely populated urban areas, which have narrow state waterways, residential docking facilities, and significant recreational boating traffic, are designated as anchoring limitation areas:
(a) The section of Middle River lying between Northeast 21st Court and the Intracoastal Waterway in Broward County.
(b) Sunset Lake in Miami-Dade County.
(c) The sections of Biscayne Bay in Miami-Dade County lying between:
1. Rivo Alto Island and Di Lido Island.
2. San Marino Island and San Marco Island.
3. San Marco Island and Biscayne Island.
(2) To promote the public’s use and enjoyment of the designated waterway, except as provided in subsections (3) and (4), a person may not anchor a vessel at any time during the period between one-half hour after sunset and one-half hour before sunrise in an anchoring limitation area."

Hey look, Boot Key is NOT on the list, and now they want to kick ALL boats out of a Major portion of Biscayne Bay after sunset.

How is THIS going to eliminate "derelict" boats?

I've anchored in these areas, and YES, there were a lot of boats, and sometimes hard to get a good anchor spot.

BUT most of these boats were power boats, and 3/4's of them left at sundown, most of the rest were gone by morning.

Near the channel entrances are popular queuing spots for an early morning Bahamas jump.

Most of the boats aren't there for more than 3 or 4 days waiting for a weather window.

So again, this is government using a problem that exists, as an excuse to solve a problem that does NOT exist.

[redneckrob]

Originally Posted by capn_billl

327.127.

"The following densely populated urban areas, which have narrow state waterways, residential docking facilities, and significant recreational boating traffic, are designated as anchoring limitation areas:
(a) The section of Middle River lying between Northeast 21st Court and the Intracoastal Waterway in Broward County.
(b) Sunset Lake in Miami-Dade County.
(c) The sections of Biscayne Bay in Miami-Dade County lying between:
1. Rivo Alto Island and Di Lido Island.
2. San Marino Island and San Marco Island.
3. San Marco Island and Biscayne Island.
(2) To promote the public’s use and enjoyment of the designated waterway, except as provided in subsections (3) and (4), a person may not anchor a vessel at any time during the period between one-half hour after sunset and one-half hour before sunrise in an anchoring limitation area."

Hey look, Boot Key is NOT on the list, and now they want to kick ALL boats out of a Major portion of Biscayne Bay after sunset.

How is THIS going to eliminate "derelict" boats?

I've anchored in these areas, and YES, there were a lot of boats, and sometimes hard to get a good anchor spot.

BUT most of these boats were power boats, and 3/4's of them left at sundown, most of the rest were gone by morning.

Near the channel entrances are popular queuing spots for an early morning Bahamas jump.

Most of the boats aren't there for more than 3 or 4 days waiting for a weather window.

So again, this is government using a problem that exists, as an excuse to solve a problem that does NOT exist.

How exactly would someone waiting 3-4 days for a weather window be impacted by a bill that required you to move only after 3 months?

[Montanan]

Snipets from the 68 page proposed bill.

authorizing certain officers to
43 provide notice that a vessel is at risk of becoming
44 derelict via body camera recordings; authorizing the
45 commission or certain officers to relocate at-risk
46 vessels to a certain distance from mangroves or
47 vegetation; providing that the commission or officers
48 are not liable for damages to such vessels; providing
49 an exception; authorizing the commission to establish
50 a derelict vessel prevention program consisting of certain components


designating waters of this state as no-discharge zones
81 upon approval by the United States Environmental
82 Protection Agency; prohibiting discharge of sewage
83 from a vessel or floating structure into such waters;
84 providing penalties; declaring a vessel or floating
85 structure that violates such prohibition a nuisance
86 and a hazard to public safety; providing for removal
87 of such vessel or structure from the waters of this
88 state upon a second conviction; providing requirements
89 for removal and sale of such vessel or structure under
90 certain circumstances; defining the term "conviction";
91 amending s. 327.53, F.S.; requiring the owner or
92 operator of a live-aboard vessel or houseboat equipped
93 with certain sanitation devices to maintain a record
94 of the date and location of each pumpout of the device
95 for a certain period;

101 authorizing a local government to enact and enforce
102 regulations allowing the local law enforcement agency
103 to remove an abandoned or lost vessel affixed to a
104 public mooring;


increasing certain civil
110 penalties; providing that certain vessels shall be
111 declared a public nuisance subject to certain
112 statutory provisions; authorizing the commission or
113 certain officers to relocate or remove public nuisance
114 vessels from the waters of this state; providing that
115 the commission or officers are not liable for damages
116 to such vessels; providing an exception; amending s.
117 328.09, F.S.; prohibiting the Department of Highway
118 Safety and Motor Vehicles from issuing a certificate
119 of title to an applicant for a vessel that has been
120 deemed derelict pursuant to certain provisions;
121 authorizing the department, at a later date, to reject
122 an application for a certificate of title for such a
123 vessel; amending s. 376.15, F.S.; revising unlawful
124 acts relating to derelict vessels; defining the term
125 "leave"; prohibiting an owner or operator whose vessel


126 becomes derelict due to specified accidents or events
127 from being charged with a violation under certain
128 circumstances; providing applicability; conforming
129 provisions to changes made by the act; authorizing a
130 governmental subdivision that has received
131 authorization from a law enforcement officer or agency
132 to direct a contractor to perform vessel storage,
133 destruction, and disposal activities; authorizing the
134 commission to provide local government grants for the
135 storage, destruction, and disposal of derelict
136 vessels; providing for funding; amending s. 705.103,
137 F.S.; providing notice procedures for when a law
138 enforcement officer ascertains that a derelict or
139 public nuisance vessel is present on the waters of
140 this state; requiring a mailed notice to the owner or
141 party responsible for the vessel to inform him or her
142 of the right to a hearing; providing hearing
143 requirements; authorizing a law enforcement agency to
144 take certain actions if a hearing is not requested or
145 a vessel is determined to be derelict or otherwise in
146 violation of law; revising provisions relating to
147 liability for vessel removal costs and notification of
148 the amount owed; providing penalties for a person who
149 is issued a registration for a vessel or motor vehicle
150 before such costs are paid; requiring persons whose
151 vessel registration and motor vehicle privileges have
152 been revoked for failure to pay certain costs to be
153 reported to the department; prohibiting issuance of a
154 certificate of registration to such persons until such
155 costs are paid; amending s. 823.11, F.S.; revising
156 application of definitions; revising the definition of
157 the term "derelict vessel"; specifying requirements
158 for a vessel to be considered wrecked, junked, or
159 substantially dismantled; providing construction;
160 revising unlawful acts relating to derelict vessels;
161 defining the term "leave"; prohibiting an owner or
162 operator whose vessel becomes derelict due to
163 specified accidents or events from being charged with
164 a violation under certain circumstances; providing
165 applicability; providing that relocation or removal
166 costs incurred by a governmental subdivision are
167 recoverable against the vessel owner or the party
168 determined to be legally responsible for the vessel
169 being derelict; providing penalties for a person who
170 is issued a registration for a vessel or motor vehicle
171 before such costs are paid; authorizing a governmental
172 subdivision that has received authorization from a law
173 enforcement officer or agency to direct a contractor
174 to perform vessel relocation or removal activities;
175 providing effective dates.

[Montanan]

Snipet: Waste pumpouts

1207 (8) The owner or operator of a live-aboard vessel as
1208 defined in s. 327.02(23)(a) or (c), or a houseboat as defined in
1209 s. 327.02(17), that is equipped with a marine sanitation device
1210 or a sanitation device-type toilet that processes and manages
1211 human waste using currently accepted composted marine toilet
1212 technologies that meet United States Coast Guard standards must
1213 maintain a record of the date of each pumpout of the marine
1214 sanitation device or sanitation device-type toilet and the
1215 location of the pumpout station or waste reception facility.
1216 Each record must be maintained for 1 year after the date of the
1217 pumpout

[Montanan]

Snipet - Boater Safety Course Completion Certificate Requirement Amended to apply to ALL ages of boat operators, not just those born on or after 1988.

All old farts are going to need to pass the boating safety education.

699 Section 10. Section 327.395, Florida Statutes, is amended
700 to read:
701 327.395 Boating safety education.—
702 (1)(a) A person born on or after January 1, 1988, may not
703 operate a vessel powered by a motor of 10 horsepower or greater
704 unless such person has in his or her possession aboard the
705 vessel the documents required by subsection (2).
706 (b) Beginning January 1, 2023, a person, regardless of his
707 or her date of birth, may not operate a vessel powered by a
708 motor of 10 horsepower or greater unless such person has in his
709 or her possession aboard the vessel the documents required by
710 subsection (2).
711 (2) While operating a vessel, a person must have in his or
712 her possession aboard the vessel photographic identification and
713 a boating safety identification card issued by the commission, a
714 state-issued identification card or driver license indicating
715 possession of the boating safety identification card, or
716 photographic identification and a temporary certificate issued
717 or approved by the commission, which shows that he or she has:
718 (a) Completed a commission-approved boating safety
719 education course that meets the minimum requirements established
720 by the National Association of State Boating Law Administrators;
721 or
722 (b) Passed a temporary certificate examination developed
723 or approved by the commission.

752 (6) A person is exempt from subsection (1) if he or she:
753 (a)1. Is licensed by the United States Coast Guard to
754 serve as master of a vessel; or
755 2. Has been previously licensed by the United States Coast
756 Guard to serve as master of a vessel, provides proof of such
757 licensure to the commission, and requests that a boating safety
758 identification card be issued in his or her name.

[Montanan]

Snipet:

813 327.4107 Vessels at risk of becoming derelict on waters of
814 this state.—
815 (2) An officer of the commission or of a law enforcement
816 agency specified in s. 327.70 may determine that a vessel is at
817 risk of becoming derelict if any of the following conditions
818 exist:
819 (e) The vessel does not have an effective means of
820 propulsion for safe navigation within 72 hours after the vessel
821 owner or operator receives telephonic notice, in-person notice
822 recorded on an agency-approved body camera, or written notice,
823 which may be provided by facsimile, electronic mail, or other
824 electronic means, stating such from an officer, and the vessel
825 owner or operator is unable to provide a receipt, proof of
826 purchase, or other documentation of having ordered necessary
827 parts for vessel repair. The commission may adopt rules to
828 implement this paragraph.
829 (5) The commission, an officer of the commission, or a law
830 enforcement agency or officer specified in s. 327.70 may
831 relocate or cause to be relocated an at-risk vessel found to be
832 in violation of this section to a distance greater than 20 feet
833 from a mangrove or upland vegetation. The commission, an officer
834 of the commission, or a law enforcement agency or officer acting
835 pursuant to this subsection upon waters of this state shall be
836 held harmless for all damages to the at-risk vessel resulting
837 from such relocation unless the damage results from gross
838 negligence or willful misconduct as these terms are defined in
839 s. 823.11.
840 (7) The commission may establish a derelict vessel
841 prevention program to address vessels at risk of becoming
842 derelict. Such program may, but is not required to, include:
843 (a) Removal, relocation, and destruction of vessels
844 declared a public nuisance, derelict or at risk of becoming
845 derelict, or lost or abandoned in accordance with s. 327.521(2),
846 s. 327.53(7), s. 327.73(1)(aa), s. 705.103(2) and (4), or s.
847 823.11(3).
848 (b) Creation of a vessel turn-in program allowing the
849 owner of a vessel determined by law enforcement to be at risk of
850 becoming derelict in accordance with this section to turn his or
851 her vessel and vessel title over to the commission to be
852 destroyed without penalty.
853 (c) Providing for removal and destruction of an abandoned
854 vessel for which an owner cannot be identified or the owner of
855 which is deceased and no heir is interested in acquiring the
856 vessel.
857 (d) Purchase of anchor line, anchors, and other equipment
858 necessary for securing vessels at risk of becoming derelict.
859 (e) Creating or acquiring moorings designated for securing
860 vessels at risk of becoming derelict.
861
862 The derelict vessel prevention program created pursuant to this
863 subsection may include other preventative efforts and methods as
864 determined appropriate and necessary by the commission. The
865 commission may adopt rules to implement this subsection.
866 Implementation of the derelict vessel prevention program shall
867 be subject to appropriation by the Legislature and shall be
868 funded by the Marine Resources Conservation Trust Fund or the
869 Florida Coastal Protection Trust Fund.

[Montanan]

Addition to provide clarification of without wake or with minimum wake.

1070 Section 16. Section 327.463, Florida Statutes, is created
1071 to read:
1072 327.463 Special hazards.—
1073 (1) For purposes of this section, a vessel:
1074 (a) Is operating at slow speed, minimum wake only if it
1075 is:
1076 1. Fully off plane and completely settled into the water;
1077 and
1078 2. Proceeding without wake or with minimum wake.
1079
1080 A vessel that is operating at slow speed, minimum wake may not
1081 proceed at a speed greater than a speed that is reasonable and
1082 prudent to avoid the creation of an excessive wake or other
1083 hazardous condition under the existing circumstances.
1084 (b) Is not proceeding at slow speed, minimum wake if it
1085 is:
1086 1. Operating on plane;
1087 2. In the process of coming off plane and settling into
1088 the water or getting on plane; or
1089 3. Operating at a speed that creates a wake that
1090 unreasonably or unnecessarily endangers other vessels.
1091 (2) A person may not operate a vessel faster than slow
1092 speed, minimum wake within 300 feet of any emergency vessel,
1093 including, but not limited to, a law enforcement vessel, United
1094 States Coast Guard vessel, or firefighting vessel, when such
1095 emergency vessel's emergency lights are activated.
. . .

[Montanan]

Creation of the entire State of Florida as a no-discharge zone upon effective approval by the US EPA.


1142 Section 18. Section 327.521, Florida Statutes, is created
1143 to read:
1144 327.521 No-discharge zones.—Effective upon approval by the
1145 United States Environmental Protection Agency of a no-discharge
1146 zone determination for the waters of the United States within
1147 the territorial limits of this state:
1148 (1) All waters of this state are designated no-discharge
1149 zones. A person may not discharge sewage of any type, whether
1150 treated or untreated, from any vessel or floating structure into
1151 waters of this state. A person who violates this subsection
1152 commits a noncriminal infraction, punishable by a civil penalty
1153 of up to $250. If any discharge prohibited by this subsection is
1154 ongoing or continuous, the person may be assessed a penalty of
1155 up to $250 for each day the violation continues.
1156 (2) A vessel or floating structure in violation of this
1157 section is declared a nuisance and a hazard to public safety and
1158 health. The owner or operator of a vessel or floating structure
1159 convicted a second time for violating this section shall, within
1160 30 days following the conviction, remove the vessel or floating
1161 structure from the waters of this state. If the vessel or
1162 floating structure remains on the waters of this state in
1163 violation of this subsection, law enforcement officers charged
1164 with the enforcement of this chapter under s. 327.70 shall apply
1165 to the appropriate court in the county in which the vessel or
1166 floating structure is located to order or otherwise cause the
1167 removal of such vessel or floating structure from the waters of
1168 this state at the owner's expense. If the owner cannot be found
1169 or otherwise fails to pay the removal costs, the provisions of
1170 s. 328.17 shall apply. If the proceeds under s. 328.17 are not
1171 sufficient to pay all removal costs, funds appropriated from the
1172 Marine Resources Conservation Trust Fund pursuant to s.
1173 327.53(6)(b) or s. 328.72(15)(c) may be used.
1174 (3) For purposes of this section, the term "conviction"
1175 means a disposition other than acquittal or dismissal.

[Montanan]

New Addition to Florida Law - Notice of derelict vessel.

1478 b. A derelict vessel or a vessel declared a public
1479 nuisance pursuant to s. 327.73(1)(aa) is present on the waters
1480 of this state, the officer shall cause a notice to be placed
1481 upon such vessel in substantially the following form:
1482
1483 NOTICE TO THE OWNER AND ALL PERSONS INTERESTED IN THE ATTACHED
1484 VESSEL. This vessel, to wit: ...(setting forth brief
1485 description)... has been determined to be (derelict or a public
1486 nuisance) and is unlawfully upon the waters of this state
1487 ...(setting forth brief description of location)... and must be
1488 removed within 21 days; otherwise, it will be removed and
1489 disposed of pursuant to chapter 705, Florida Statutes. The owner
1490 and other interested parties have the right to a hearing to
1491 challenge the determination that this vessel is derelict or
1492 otherwise in violation of the law. Please contact ...(contact
1493 information for person who can arrange for a hearing in
1494 accordance with this section).... The owner or the party
1495 determined to be legally responsible for the vessel being upon
1496 the waters of this state in a derelict condition will be liable
1497 for the costs of removal, destruction, and disposal if this
1498 vessel is not removed by the owner. Dated this: ...(setting
1499 forth the date of posting of notice)..., signed: ...(setting
1500 forth name, title, address, and telephone number of law
1501 enforcement officer)....
1502 2. A Such notice required under subparagraph 1. may shall
1503 be not be less than 8 inches by 10 inches and shall be
1504 sufficiently weatherproof to withstand normal exposure to the
1505 elements. In addition to posting, the law enforcement officer
1506 shall make a reasonable effort to ascertain the name and address
1507 of the owner. If such is reasonably available to the officer,
1508 she or he shall mail a copy of such notice to the owner on or
1509 before the date of posting. If the property is a motor vehicle
1510 as defined in s. 320.01(1) or a vessel as defined in s. 327.02,
1511 the law enforcement agency shall contact the Department of
1512 Highway Safety and Motor Vehicles in order to determine the name
1513 and address of the owner and any person who has filed a lien on
1514 the vehicle or vessel as provided in s. 319.27(2) or (3) or s.
1515 328.15(1). On receipt of this information, the law enforcement
1516 agency shall mail a copy of the notice by certified mail, return
1517 receipt requested, to the owner and to the lienholder, if any,
1518 except that a law enforcement officer who has issued a citation
1519 for a violation of s. 376.15 or s. 823.11 to the owner of a
1520 derelict vessel is not required to mail a copy of the notice by
1521 certified mail, return receipt requested, to the owner. For a
1522 derelict vessel or a vessel declared a public nuisance pursuant
1523 to s. 327.73(1)(aa), the mailed notice must inform the owner or
1524 responsible party that he or she has a right to a hearing to
1525 dispute the determination that the vessel is derelict or
1526 otherwise in violation of the law. If a request for a hearing is
1527 made, a state agency shall follow the processes set forth in s.
1528 120.569. Local governmental entities shall follow the processes
1529 set forth in s. 120.569, except that a local judge, magistrate,
1530 or code enforcement officer may be designated to conduct such a
1531 hearing. If, at the end of 5 days after posting the notice in
1532 sub-subparagraph 1.a., or at the end of 21 days after posting
1533 the notice in sub-subparagraph 1.b., and mailing such notice, if
1534 required, the owner or any person interested in the lost or
1535 abandoned article or articles described has not removed the
1536 article or articles from public property or shown reasonable
1537 cause for failure to do so, and, in the case of a derelict
1538 vessel or a vessel declared a public nuisance pursuant to s.
1539 327.73(1)(aa), has not requested a hearing in accordance with
1540 this section, the following shall apply:
1541 a.(a) For abandoned property other than a derelict vessel
1542 or a vessel declared a public nuisance pursuant to s.
1543 327.73(1)(aa), the law enforcement agency may retain any or all
1544 of the property for its own use or for use by the state or unit
1545 of local government, trade such property to another unit of
1546 local government or state agency, donate the property to a
1547 charitable organization, sell the property, or notify the
1548 appropriate refuse removal service.
1549 b. For a derelict vessel or a vessel declared a public
1550 nuisance pursuant to s. 327.73(1)(aa), the law enforcement
1551 agency or its designee may:
1552 (I) Remove the vessel from the waters of this state and
1553 destroy and dispose of the vessel or authorize another
1554 governmental entity or its designee to do so; or
1555 (II) Authorize the vessel's use as an artificial reef in
1556 accordance with s. 379.249 if all necessary federal, state, and
1557 local authorizations are received.

Toughening of the consequences of derelict vehicles or vessels - will not be able to register any other vehicle or vessel until all the costs of removal and disposal and fines are paid.

1621 vessel or motor vehicle, until such costs have been paid. A
1622 person who has neglected or refused to pay all costs of removal,
1623 storage, disposal, and destruction of a vessel or motor vehicle
1624 as provided in this section, after having been provided written
1625 notice via certified mail that such costs are owed, and who
1626 applies for and is issued a registration for a vessel or motor
1627 vehicle before such costs have been paid in full commits a
1628 misdemeanor of the first degree, punishable as provided in s.
1629 775.082 or s. 775.083. The law enforcement officer or
1630 representative of the law enforcement agency or other
1631 governmental entity shall supply the Department of Highway
1632 Safety and Motor Vehicles with a list of persons whose vessel
1633 registration privileges and or whose motor vehicle privileges
1634 have been revoked under this subsection. Neither The department
1635 or a nor any other person acting as an agent of the department
1636 may not thereof shall issue a certificate of registration to a
1637 person whose vessel and or motor vehicle registration privileges
1638 have been revoked, as provided by this subsection, until such
1639 costs have been paid

[CaptTom]

...Neither The department
1635 or a nor any other person acting as an agent of the department
1636 may not thereof shall issue a certificate of registration to a
1637 person...

Not to be pedantic, but I hope someone proof-reads this before it's enacted into law!