Fla. Stat. 327.4107
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)

An officer of the commission or of a law enforcement agency specified in s. 327.70 may determine that a vessel is at risk of becoming derelict if any of the following conditions exist:The vessel is taking on or has taken on water without an effective means to dewater.Spaces on the vessel that are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time.The vessel has broken loose or is in danger of breaking loose from its anchor.The vessel is listing due to water intrusion.The vessel does not have an effective means of propulsion for safe navigation within 72 hours after the vessel owner or operator receives telephonic notice, in-person notice recorded on an agency-approved body camera, or written notice, which may be provided by facsimile, electronic mail, or other electronic means, stating such from an officer, and the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for vessel repair. The commission may adopt rules to implement this paragraph.The vessel is tied to an unlawful or unpermitted structure or mooring.

(a)

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

(b)

Spaces on the vessel that 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 for safe navigation within 72 hours after the vessel owner or operator receives telephonic notice, in-person notice recorded on an agency-approved body camera, or written notice, which may be provided by facsimile, electronic mail, or other electronic means, stating such from an officer, and the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for vessel repair. The commission may adopt rules to implement this paragraph.

(f)

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

(3)

A person who anchors or moors a vessel at risk of becoming derelict on the waters of this state or allows such a vessel to occupy such waters commits a noncriminal infraction, punishable as provided in s. 327.73.

(4)

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

(5)

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.

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

(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.

Source: Section 327.4107 — Vessels at risk of becoming derelict on waters of this state, https://www.­flsenate.­gov/Laws/Statutes/2024/0327.­4107 (accessed Aug. 7, 2025).

327.01
Short title
327.02
Definitions
327.04
Rules
327.30
Collisions, accidents, and casualties
327.31
Transmittal of information
327.32
Vessel declared dangerous instrumentality
327.33
Reckless or careless operation of vessel
327.34
Incapacity of operator
327.35
Boating under the influence
327.36
Mandatory adjudication
327.37
Water skis, parasails, aquaplanes, kiteboarding, kitesurfing, and moored ballooning regulated
327.38
Skiing prohibited while intoxicated or under influence of drugs
327.39
Personal watercraft regulated
327.40
Uniform waterway markers
327.41
Uniform waterway regulatory markers
327.42
Mooring to or damaging of uniform waterway markers prohibited
327.43
Silver Glen Run and Silver Glen Springs
327.44
Interference with navigation
327.45
Protection zones for springs
327.46
Boating-restricted areas
327.47
Competitive grant programs
327.48
Regattas, races, marine parades, tournaments, or exhibitions
327.49
Testing vessels and vessel motors
327.50
Vessel safety regulations
327.52
Maximum loading and horsepower
327.53
Marine sanitation
327.54
Liveries
327.56
Safety and marine sanitation equipment inspections
327.58
Jurisdiction
327.59
Marina evacuations
327.60
Local regulations
327.65
Muffling devices
327.66
Carriage of gasoline on vessels
327.70
Enforcement of this chapter and chapter 328
327.71
Exemption
327.72
Penalties
327.73
Noncriminal infractions
327.74
Uniform boating citations
327.301
Written reports of accidents
327.302
Accident report forms
327.331
Divers
327.352
Tests for alcohol, chemical substances, or controlled substances
327.353
Blood test for impairment or intoxication in cases of death or serious bodily injury
327.354
Presumption of impairment
327.355
Operation of vessels by persons under 21 years of age who have consumed alcoholic beverages
327.359
Refusal to submit to testing
327.371
Human-powered vessels regulated
327.375
Commercial parasailing
327.391
Airboats regulated
327.395
Boating safety education
327.461
Safety zones, security zones, regulated navigation areas, and naval vessel protection zones
327.462
Temporary protection zones for spaceflight launches and recovery of spaceflight assets
327.463
Special hazards
327.521
No-discharge zones
327.731
Mandatory education for violators
327.803
Boating Advisory Council
327.804
Compilation of statistics on boating accidents and violations
327.4107
Vessels at risk of becoming derelict on waters of this state
327.4108
Anchoring of vessels in anchoring limitation areas
327.4109
Anchoring or mooring prohibited
327.35215
Penalty for failure to submit to test

Current through Fall 2025

§ 327.4107. Vessels at risk of becoming derelict on waters of this state's source at flsenate​.gov