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Frequently Asked Questions:
What is an abandoned vessel?
What is a derelict vessel?
Who is responsible for removing
derelict vessels?
What if the owner cannot be identified
or cannot remove the vessel from public waters?
What is the FWC process for removing a
derelict vessel?
How long does the process take?
Can a county or municipality remove
abandoned or derelict vessels?
How is the removal of derelict vessels
funded?
What are the laws regarding the
removal of abandoned, lost and derelict vessels?
What is an abandoned vessel?
A vessel left on public property in a
wrecked, inoperative, or partially dismantled condition is
considered abandoned if it has no identifiable owner or has no
intrinsic value to the rightful owner. (See also
Section 705.101(3), F.S.)
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What
is a derelict vessel?
Any vessel in
violation of
Section 376.15(1) or
Section 823.11(1) of the Florida Statutes may be deemed a
“derelict vessel.” If any vessel in a wrecked, junked, or
substantially dismantled condition is left upon any public waters or
at any port or docked at private property without the property
owner’s consent, it may be declared a derelict vessel. Vessels
entirely on land are not considered derelict. The Florida Fish and
Wildlife Conservation Commission (FWC) determines a vessel to be
derelict after all available means to have the rightful owner remove
the vessel have failed.
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Who is
responsible for removing derelict vessels?
The owner of the vessel is responsible
for removing it from public waters. If the owner refuses, he/she
may face criminal charges and possible fines.
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What if the
owner cannot be identified or cannot remove the vessel from public
waters?
If the owner
cannot be identified, the FWC is authorized to remove any abandoned
or derelict vessel when the vessel obstructs or threatens to
obstruct navigation or in any way constitutes a danger to the
environment. Also, any law enforcement agency may remove a vessel
if it is deemed to be a hazard to public safety or is considered to
be abandoned property. (See also
Section 327.70(1) and
Section 705.103 of the Florida Statutes.)
In addition, the U.S. Army Corps of
Engineers may remove a vessel if it is obstructing navigation on any
federal navigational channel.
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What is the FWC
process for removing a derelict vessel?
If the vessel
meets the criteria in section 823.11, Florida Statutes, and all
efforts have been expended to have the vessel removed from public
waters by its owner, the FWC designates the vessel as a derelict
vessel and marks accordingly with the letters “DV” and the incident
summary number assigned by the regional field office. The marking
of the vessel will be done in such a way that the vessel will be
readily identified as a specific derelict vessel by a prudent
mariner and/or a removal contractor.
How long does
the process take?
Can a county or
municipality remove an abandoned vessel that is not declared a
derelict?
Pursuant to
Section 327.70(1) of the Florida Statutes, any law enforcement
officer may order the removal of a vessel deemed to be a hazard to
public safety. Furthermore, the FWC may enter into an agreement
with the governing body of a county or municipality to delegate the
FWC authority to remove abandoned or derelict vessels from public
waters.
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How is the
removal of derelict vessels funded?
The FWC administers the
Derelict Vessel Removal Grant Program to assist local
governments with the removal and disposal of derelict vessels. The
program is funded through the Florida Coastal Protection Trust
Fund. However, no funds were appropriated for this program for the
fiscal year beginning July 1, 2005 or the previous three years.
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What other
funding is available for derelict vessel removal?
Federal Emergency
Management Agency (FEMA) Public Assistance Program funds may be used
for removal of vessels wrecked and abandoned after a hurricane or
other natural disaster. Local government entities and the State may
seek reimbursement for associated eligible disposal costs during
declared emergency situations.
The National Oceanic and Atmospheric Association (NOAA) and the
National Fish and Wildlife Foundation (NFWF) provide grant
opportunities through the
Marine Debris Program. In addition, the U.S. Department of
Agriculture, Natural Resources Conservation Service (NRCS) provides
matching grants for clean up of debris from canals and streams
resulting from a natural disaster.
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What are the
laws regarding the removal of abandoned, lost and derelict vessels?
Florida Statutes
S.327.70....... Vessel
Safety;
Enforcement
S.376.15....... Derelict
vessels; removal from public waters
S.403.413..... Florida
Litter Law
S.705.102..... Reporting
lost or abandoned property
S.705.103..... Procedures
for abandoned or lost property
S.705.104..... Title to
lost or abandoned property
S.823.11....... Abandoned
and derelict vessels; removal; penalty
Florida Administrative Code
Chapter 68D-16.029....
Derelict Vessel Removal Grant Program
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