HB 1103 — Local Administration of Vessel Restrictions

Paragraph (d) of subsection (3) of section 327.4108, Florida Statutes, is amended to read:

327.4108 Anchoring of vessels in anchoring limitation areas.— (3) (d) A vessel upon the waters of this state and within Monroe County for which the owner or occupant has established the vessel as a domicile in accordance with s.

222.17 is exempt from paragraph (a) until at least 60 100 new moorings are available for public use within 1 mile of the Key West Bight City Dock.

Until such time, the commission shall designate the area within 1 mile of the Key West Bight City Dock as a priority for the investigation and removal of derelict vessels.

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hb1103-02-c2hb1103-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1103 2026 Sectionevidence, 4.and verification materials required by commission rule, as equivalent to such a designation by a law enforcement officer.

Paragraph(d) (c)The commission may adopt rules to implement this subsection, including procedures for verifying administrative designations, ensuring statewide consistency in the application of subsectionat-risk (1)criteria, maintaining records of sectioncorrective 327.46,actions Floridaor Statutes,removals, isproviding amendedtechnical assistance to read:local governments, and auditing reimbursement or cost-recovery requests.

327.46Section Boating-restricted2. areas.— (1) Boating-restricted areas, including, but not limited to, restrictions of vessel speeds and vessel traffic, may be established on the waters of this state for any purpose necessary to protect the safety of the public if such restrictions are necessary based on boating accidents, visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational hazards or to protect seagrasses on privately owned submerged lands.

(c)Present Municipalitiessubsections and(5) countiesthrough may(9) adoptof havesection the327.4111, authorityFlorida toStatutes, establishare byredesignated ordinanceas thesubsections following(6) ordinancesthrough for(10), otherrespectively, boating-restrictedand areas:a new subsection (5) is added to that section, to read:

327.4111 Long-term anchoring.— (5) A county or municipality may elect to administer, in coordination with the commission, this section relating to the enforcement of long-term anchoring permit requirements within its jurisdiction by adopting an ordinance to that effect.

(a) A county or municipality that adopts an ordinance under this subsection:

AnMay ordinancedesignate regulating vessel speed and operation within 300 feet of a confluencecode ofenforcement waterofficer bodiesas presentingdefined ain blinds. corner, up to a distance of 1,000 feet if such extended area is necessary to ensure safe navigation and visibility for approaching vessels.

The162.21 boundariesto ofinvestigate, suchdocument, areasand mustcite beviolations clearlyof markedsubsection by(4). uniform waterway regulatory markers consistent with commission rules.

2.1.A citation from a code enforcement officer is a noncriminal infraction punishable as provided in s.

An327.73 ordinanceand establishing an idle speed, no wake boating-restricted area, if the area is within 300 feet of a confluence of water bodies presenting a blind corner, a bend in a narrow channel or fairway, or such other area if an Page 4 of 910 CODING:

hb1103-02-c2hb1103-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1103 2026 interveningmay obstructionbe toissued visibilitythrough maylocal obscurecode otherenforcement vesselsprocedures or otherthe usersuniform ofboating thecitation waterway.system under s.

3.2.327.74, as determined by commission rule or local ordinance.

AnA ordinancecitation establishingissued apursuant slowto speed,this minimumsubparagraph wake,does ornot numericalconstitute speeda limitcriminal boating-restrictedfinding areaand ifmay be used solely for the areaimposition is:of civil penalties, corrective actions, or cost recovery authorized under this chapter.

a.2.

WithinShall 300comply feetwith ofall apermit confluenceverification, ofdocumentation, waternotice, bodiesand presentingrecordkeeping arequirements blindestablished corner,by athe bendcommission inbefore a narrowcode channelenforcement orofficer fairway, or such other area if an intervening obstruction to visibility may obscureissue othera vesselscitation or take other usersenforcement ofaction. the waterway.

b.The commission may provide technical assistance, training, and guidance to the county or municipality.

Subject(b) toAdministrative unsafeenforcement levelsunder ofthis vesselsubsection trafficdoes congestion.not preclude parallel enforcement by law enforcement officers under s.

c.327.70.

SubjectThis subsection may not be construed to hazardousprohibit watera levelscounty or currents,municipality from coordinating with law enforcement agencies for purposes of criminal investigation or containingprosecution otherrelating navigationalto hazards.violations of this chapter or chapter 823.

d.A code enforcement officer acting pursuant to this subsection may provide documentation, photographs, observations, statements, and other non-law enforcement support to a law enforcement agency, but may not make a criminal determination or take any action reserved for law enforcement officers under this chapter.

AnPage area5 that accident reports, uniform boating citations, vessel traffic studies, or other creditable data demonstrate to present a significant risk of collision10 orCODING: a significant threat to boating safety.

4.3.

An ordinance establishing a vessel-exclusion zone if the area is reserved exclusively:

a.

As a canoe trail or otherwise limited to vessels under oars or under sail.

b.

For a particular activity and user group separation must be imposed to protect the safety of those participating in such activity.

Any of the ordinances adopted pursuant to this paragraph may Page 5 of 9 CODING:

hb1103-02-c2hb1103-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1103 2026 shall(c) notFor takepurposes effectof untilany thecommission-administered commissionprogram hasrelating reviewedto theanchoring ordinanceregulation, andvessel determinedcompliance, byor substantialpublic competentnuisance evidenceabatement, thata thenoncriminal ordinanceinfraction iscitation necessaryfor toa protectviolation publicof safetysubsection (4) issued by a county or municipal code enforcement officer pursuant to this paragraph.subsection must be treated, if the county or municipality submits all documentation, photographic evidence, location data, permit status verification, and other materials required by commission rule, as equivalent to a uniform boating citation issued by a law enforcement officer.

Any(d) applicationThe commission may adopt rules to implement this subsection, including procedures for approvallocal designation of ancode ordinanceenforcement shallofficers, beverifying reviewedcompliance andwith actedpermit uponrequirements, withinensuring 90statewide daysconsistency afterin receiptenforcement criteria, coordinating with the uniform boating citation system, maintaining records of acitations completedand application.resolutions, providing technical assistance or training to counties or municipalities, and auditing any reimbursement or cost-sharing requests.

WithinSection 303. days after a municipality or county submits an application for approval to the commission, the commission shall advise the municipality or county as to what information, if any, is needed to deem the application complete.

AnPresent applicationsubsections shall(6) beand considered(7) completeof uponsection receipt823.11, ofFlorida allStatutes, requestedare informationredesignated as subsections (7) and correction(8), ofrespectively, anya errornew orsubsection omission(6) foris whichadded theto applicantthat wassection, timelyand notifiedparagraph or(c) whenof thesubsection time(4) forof suchthat notificationsection hasis expired.amended, to read:

The823.11 commission'sDerelict actionand onmigrant thevessels; application shall be subject to review under chapter 120.

Therelocation commissionor shallremoval; initiate rulemaking no later than January 1, 2010, to provide criteria and procedures for reviewing applications and procedures for providing for public notice and participation pursuant to this paragraph.

Sectionpenalty.— 5.Page 6 of 10 CODING:

Paragraph (aa) of subsection (1) of section 327.73, Florida Statutes, is amended to read:

327.73 Noncriminal infractions.— (1) Violations of the following provisions of the vessel laws of this state are noncriminal infractions:

(aa) Section 327.4107, relating to vessels at risk of becoming derelict on waters of this state, for which the civil Page 6 of 9 CODING:

hb1103-02-c2hb1103-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1103 2026 penalty(4) is:(c) The commission may establish a program to provide grants to local governments for the removal, storage, destruction, and disposal of derelict vessels or migrant vessels from the waters of this state.

This grant funding may also be used for the removal, storage, destruction, and disposal of vessels declared a public nuisance pursuant to s.

327.73(1)(aa) or the derelict vessel prevention program established pursuant to s.

327.4107(8) s.

327.4107(7).

The program must be funded from the Marine Resources Conservation Trust Fund or the Florida Coastal Protection Trust Fund.

Notwithstanding s.

216.181(11), funds available for these grants may only be authorized by appropriations acts of the Legislature.

In a given fiscal year, if all funds appropriated pursuant to this paragraph are not requested by and granted to local governments for the removal, storage, destruction, and disposal of derelict vessels, migrant vessels, or vessels declared a public nuisance pursuant to s.

327.73(1)(aa) by the end of the third quarter, the Fish and Wildlife Conservation Commission may use the remainder of the funds to remove, store, destroy, and dispose of, or to pay private contractors to remove, store, destroy, and dispose of, derelict vessels, migrant vessels, or vessels declared a public nuisance pursuant to s.

327.73(1)(aa).

The commission shall adopt by rule procedures for local governments to submit a grant application and criteria for allocating available funds.

Such Page 7 of 10 CODING:

Words stricken are deletions;

words underlined are additions.

hb1103-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 1103 2026 criteria must include, at a minimum, all of the following:

ForThe anumber firstof offense,derelict $100.vessels and migrant vessels within the jurisdiction of the applicant.

ForThe athreat secondposed offenseby occurringsuch 30vessels daysto public health or moresafety, afterthe aenvironment, firstnavigation, offense,or $250.the aesthetic condition of the general vicinity.

ForThe adegree thirdof orcommitment subsequentof offensethe occurringlocal 30government daysto ormaintain morewaters afterfree aof previousabandoned, offense,derelict, $500.and migrant vessels and to seek legal action against those who abandon vessels in the waters of this state as defined in s.

A327.02. vessel that is the subject of three or more violations of s.

327.4107(2)(6) whichA occurcounty withinor amunicipality 24-monthmay periodelect andto whichadminister, result in dispositionscoordination otherwith thanthe acquittalcommission, this section relating to the identification, removal, storage, destruction, or dismissaldisposal mustof bederelict declaredvessels awithin publicits nuisancejurisdiction andby subjectadopting an ordinance to ss.that effect.

705.103(2)(a) andA (4)county andor 823.11(3).municipality that adopts an ordinance under this subsection:

For1. purposes of this paragraph, failure to appear at a hearing or failure to pay the civil penalty constitutes a disposition other than acquittal or dismissal unless such failure to appear or such nonpayment is excused or set aside by the court for good cause shown.

TheMay commission,designate an officer of the commission, or a lawcode enforcement agency or officer specifiedas defined in s.

327.70,162.21 orto determine whether a codevessel enforcementmeets officerthe authorizeddefinition underof s.a derelict vessel as provided in this section for administrative abatement purposes only.

327.4107(5)The orcode s.enforcement officer's determination is not a criminal finding and may not serve as the basis for prosecution under this section.

327.4111(5)Such determinations may relocate,be remove,used orsolely cause to beinitiate relocatednotice, orremoval, removeddisposal, suchand publiccost-recovery nuisanceactions vesselspursuant fromto watersthis section and in accordance Page 8 of this10 state.CODING:

The commission, an officer of the commission, or a law enforcement agency or officer acting pursuant to this paragraph upon waters of this state shall be held harmless for all damages to the vessel resulting from such relocation or removal unless the damage results from gross negligence or Page 7 of 9 CODING:

hb1103-02-c2hb1103-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1103 2026 willfulwith misconductrules asadopted theseby termsthe arecommission. defined in s.

823.11.2.

AShall personcomply citedwith forall anotice, violationdocumentation, ofstorage, thisand subsectionenvironmental iscompliance deemedrequirements toestablished beby chargedthe withcommission a noncriminal infraction, must be cited for such an infraction, and mustthis besection citedbefore toremoving appearor beforedisposing theof countya court.vessel.

The civilcommission penaltymay forprovide anytechnical suchassistance infractionand isguidance $100,to exceptthe ascounty otherwiseor providedmunicipality. in this section.

A(b) personThis whosubsection failsmay tonot appearbe orconstrued otherwise properly respond to prohibit a uniformcounty boatingor citation,municipality infrom additioncoordinating towith thelaw chargeenforcement relatingagencies tofor thepurposes violation of thecriminal boatinginvestigation lawsor ofprosecution thisrelating state, must be charged with the offense of failing to respondviolations to such citation and, upon conviction, be guilty of achapter misdemeanor327 ofor thethis secondchapter. degree, punishable as provided in s.

775.082A code enforcement officer acting pursuant to this subsection may provide documentation, photographs, observations, statements, and other non-law enforcement support to a law enforcement agency but may not make a criminal determination or s.take any action reserved for law enforcement officers under this chapter.

775.083.(c) For purposes of the Derelict Vessel Removal Grant Program administered by the commission, a designation of a vessel as derelict by a county or municipal code enforcement officer under this subsection must be treated, if the county or municipality submits the required documentation, photographic evidence, and verification materials in accordance with commission rules, as equivalent to such a designation by a law enforcement officer.

A(d) writtenThe warningcommission tomay thisadopt effectrules mustto beimplement providedthis atsubsection, theincluding timeprocedures suchfor uniformverifying boatingadministrative citationPage is9 issued.of 10 CODING:

Section 6.

Subsections (1), (3), and (4) of section 327.74, Florida Statutes, are amended to read:

327.74 Uniform boating citations.— (1) The commission shall prepare, and supply to every law enforcement agency and code enforcement officer authorized under s.

327.4107(5) or s.

327.4111(5) in this state that enforce which enforces the laws of this state regulating the operation of vessels, an appropriate form boating citation containing a notice to appear, (which must shall be issued in prenumbered books with citations in quintuplicate) and meet meeting the Page 8 of 9 CODING:

hb1103-02-c2hb1103-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 1103 2026 requirementsdesignations, maintaining records of thisremovals, chapterproviding ortechnical anyassistance lawsto oflocal thisgovernments, stateand regulatingauditing boating.reimbursement requests.

The,Section which4. form must shall be consistent with the state's county court rules and the procedures established by the commission.

(3) Every law enforcement officer and code enforcement officer authorized under s.

327.4107(5) or s.

327.4111(5), upon issuing a boating citation to an alleged violator of any provision of the boating laws of this state or any boating ordinance of any municipality, shall deposit the original and one copy of such boating citation with a court having jurisdiction over the alleged offense or with its traffic violations bureau within 5 days after issuance to the violator.

(4) The chief administrative officer of every law enforcement agency and code enforcement office authorized under s.

327.4107(5) or s.

327.4111(5) shall require that the return to him or her of the commission record copy of every boating citation issued by an officer under his or her supervision to an alleged violator of any boating law or ordinance be returned to him or her, as well as and all copies of every boating citation that which has been spoiled or upon which any entry has been made and not issued to an alleged violator.

Section 7.

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