Vessels at risk of becoming derelict on waters of this state.

(1) To prevent vessels in neglected or deteriorating condition from reaching a likely and foreseeable state of disrepair, a vessel that is at risk of becoming derelict pursuant to subsection (2) may not anchor on, moor on, or occupy the waters of this state.

(2) It is a noncriminal infraction punishable as provided in s. 327.73 for a person to anchor or moor a vessel at risk of becoming derelict on the waters of this state or to allow such vessel to occupy such waters. A vessel is at risk of becoming derelict if, as determined by an officer of the commission or a law enforcement agency, any of the following conditions exist:

(a) The vessel is taking on or has taken on water without an effective means to dewater.

(b) Spaces on the vessel which are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time.

(c) The vessel has broken loose or is in danger of breaking loose from its anchor.

(d) The vessel is listing due to water intrusion.

(e) The vessel does not have an effective means of propulsion, and the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for repair. If the owner or operator is present on the vessel, a law enforcement officer may require a test of the vessel’s effective means of propulsion for safe navigation, to be conducted immediately. If the owner or operator is not present on the vessel, the owner or operator must, in the presence of law enforcement, conduct the test for effective means of propulsion for safe navigation within 48 hours after the vessel owner or operator receives notice from a law enforcement officer. The commission may adopt rules to implement this paragraph.

(f) The vessel is tied to an unlawful or unpermitted structure or mooring.

(3) The penalty under this section is in addition to other penalties provided by law.

(4) The commission, an officer of the commission, or a law enforcement agency or officer specified in s. 327.70 may relocate or cause to be relocated an at-risk vessel found to be in violation of this section to a distance greater than 20 feet from a mangrove or upland vegetation. The commission, an officer of the commission, or a law enforcement agency or officer acting pursuant to this subsection upon waters of this state shall be held harmless for all damages to the at-risk vessel resulting from such relocation unless the damage results from gross negligence or willful misconduct as these terms are defined in s. 823.11.

(5)(a) A county or municipality may authorize by ordinance a code enforcement officer as defined in s. 162.21(1) to administer this section relating to the identification, notice, corrective action, relocation, removal, storage, destruction, or disposal of public nuisance vessels and vessels at risk of becoming derelict. However, such ordinance may not take effect until it has been reviewed and approved by the commission. The commission shall adopt rules to implement this subsection.

(b) Code enforcement officers authorized under this subsection may issue a noncriminal infraction, punishable as provided in s. 327.73, pursuant to the uniform boating citation system under s. 327.74 for violations as specified in subsection (2). Such citations are exempt from the requirements of s. 162.21(3)(c) and (d).

(6) This section does not apply to a vessel that is moored to a private dock or wet slip with the consent of the owner for the purpose of receiving repairs.

(7) The commission may establish a derelict vessel prevention program to address vessels at risk of becoming derelict. Such program may, but is not required to, include:

(a) Removal, relocation, and destruction of vessels declared a public nuisance, derelict or at risk of becoming derelict, or lost or abandoned in accordance with s. 327.53(7), s. 327.73(1)(aa), s. 705.103(2) and (4), or s. 823.11(3).

(b) Creation of a vessel turn-in program allowing the owner of a vessel determined by law enforcement to be at risk of becoming derelict in accordance with this section to turn his or her vessel and vessel title over to the commission to be destroyed without penalty.

(c) Providing for removal and destruction of an abandoned vessel for which an owner cannot be identified or the owner of which is deceased and no heir is interested in acquiring the vessel.

(d) Purchase of anchor line, anchors, and other equipment necessary for securing vessels at risk of becoming derelict.

(e) Creating or acquiring moorings designated for securing vessels at risk of becoming derelict.

The commission may adopt rules to implement this subsection. Implementation of the derelict vessel prevention program shall be subject to appropriation by the Legislature and shall be funded by the Marine Resources Conservation Trust Fund or the Florida Coastal Protection Trust Fund.