No. CS/SB 1682
Filed under Transportation.
Local Administration of Vessel Restrictions; Authorizing counties and municipalities to adopt ordinances to administer, in coordination with the Fish and Wildlife Conservation Commission, certain provisions relating to vessels at risk of becoming derelict, the enforcement of long-term anchoring permit requirements, and derelict and migrant vessels, respectively; authorizing counties and municipalities to designate code enforcement officers for specified purposes; providing that certain determinations made by the code enforcement officers are for administrative purposes only and are not criminal findings, etc.
Plain English Summary
AI-GENERATEDCounties and municipalities may now adopt ordinances letting their own code enforcement officers, not just state or local police, determine whether a vessel is at risk of becoming derelict, is derelict, or violates long-term anchoring permit rules.
These code officers can issue actual citations for anchoring-permit violations, and make administrative determinations for at-risk or derelict vessels, but the bill states plainly that none of this counts as a criminal finding or basis for prosecution.
Properly documented local determinations and citations count the same as one made by a law enforcement officer for state grant and prevention programs, and local governments can still coordinate with police on criminal cases separately.
Separately, the bill lowers the number of new public moorings Monroe County needs near the Key West Bight City Dock before liveaboard vessel owners lose their exemption from anchoring limits, from 100 down to 60.
AICounties and municipalities may adopt an ordinance to administer, together with the state wildlife commission, the at-risk-vessel process under section 327.4107, the anchoring-permit enforcement under section 327.4111, and the derelict-vessel process under section 823.11, three programs that previously ran through the commission and law enforcement alone.
AIA designated code enforcement officer may determine whether a vessel is at risk of becoming derelict or is derelict, but that determination is for administrative abatement purposes only and cannot be used as a criminal finding or to support a prosecution.
AIFor long-term anchoring permit violations, a designated code enforcement officer may go further than a status determination and actually investigate, document, and issue a citation, which is a noncriminal infraction usable for civil penalties, corrective action, or cost recovery.
AIThe domicile exemption from anchoring-limitation rules for Monroe County liveaboards near the Key West Bight City Dock now ends once at least 60 new public moorings are available, down from the 100 previously required, shortening how long the exemption can last.
AIA properly documented local administrative designation or citation must be treated as equivalent to one made by a law enforcement officer for purposes of commission-run grant and vessel-prevention programs, as long as the county or municipality submits the required documentation.
AILocal administrative enforcement does not replace law enforcement: counties and municipalities may still coordinate with police on criminal investigations, and a code enforcement officer may support that work but may not make a criminal determination or take any action reserved for law enforcement officers.