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New law in effect to reduce derelict vessels

New law in effect to reduce derelict vessels

Written by Leslie Lake on . Posted in Boating, Outdoors.

TALLAHASSEE – New legislation effective statewide on July 1 is designed to help reduce the number of at-risk and derelict vessels across the state and improve enforcement tools for Florida Fish and Wildlife Conservation Commission (FWC) officers and partner agencies.

The FWC “is preparing to implement a new law aimed at strengthening vessel account­ability and enhancing protections for Florida’s waterways. Senate Bill 164 was signed into law by Gov. Ron DeSantis on June 19,” according to a June 27 press release.

Local boat captains have expressed concern about sunken and unreg­istered boats south of the Cortez Bridge, and in May 2024, marine law enforcement agencies issued more than 20 citations for multiple unregistered and derelict vessels.

A derelict vessel is any vessel that is that is left in a wrecked, junked or substantially dismantled condition upon waters of the state. Derelict vessels pose risks to navigation, marine life, seagrass beds and public safety. Vessels at risk of becoming derelict include those taking on water without an effective way to dewater; those with spaces meant to be enclosed that remain open to the elements; those listing due to water intrusion, those that have broken loose or may break loose from anchor or those tied to an unlawful or unpermitted structure or mooring.

Key provisions of the new law include:

  • Clarified Ownership Standards: The definition of “vessel owner” is clarified, and a valid vessel title will now serve as prima facie (presumed) evidence of ownership;
  • Stronger Requirements for At-Risk Vessels: Vessel owners must now complete an Effective Means of Propulsion (EMP) evaluation upon request by law enforcement. If an officer has reason to believe the vessel lacks an effective means of propulsion and the owner is present, the evaluation must be conducted immediately or within 48 hours if notified otherwise;
  • Public Nuisance Vessel Designation: A vessel may now be declared a public nuisance – subject to removal like a derelict vessel – if the owner receives three citations related to any at-risk conditions within a 24-month period, including unpaid citations or failure to appear in court.

Expanded Noncriminal Infractions: Violations such as expired registration and long-term anchoring may now be addressed through mailed noncriminal citations from law enforcement;

  • More Flexible Use of Removal Funds: Derelict Vessel removal funding may now be used not only for removing derelict vessels but also for preventive removals under the Vessel Turn-In Program and for public nuisance vessels;
  • Harsher Penalties for Repeat DV Offenders: First offense, first-degree misdemeanor; second offense, third-degree felony and third offense, second-degree felony; and
  • No Liveaboard on Derelict Vessels: It is now a first-degree misdemeanor to live aboard a vessel that has been declared derelict by the court.

Additional requirements, including an annual electronic permit issued by FWC for vessels anchoring longterm, will go into effect on July 1, 2026. The penalty for unauthorized long-term anchoring will consist of fines ranging from $100 to $500.

“If a vessel owner receives three violations within a two-year period, the vessel may be declared a public nuisance and removed as if it were derelict. Some exemptions apply and include vessels that are government-operated, construc­tion vessels, actively engaged in commercial or recreational fishing, docked at a public or private facility or moored at permitted moorings,” according to the FWC release.

“We have seen increasing suc­cess in our efforts to combat the ongoing derelict vessel problem in Florida’s waters,” said Capt. Travis Franklin, leader of the FWC Derelict Vessel Removal and Prevention Program. “This new legislation enhances our ef ­forts to not only remove derelict vessels but also prevent at-risk vessels from becoming derelict. ”

The FWC has removed nearly 200 vessels through the Vessel Turn-In Program and is taking applications from at-risk vessel owners. For more informa­tion, call 850-488-5600 or visit the FWC website.

FWC offers funds for derelict boat removal

FWC offers funds for derelict boat removal

Written by Leslie Lake on . Posted in Boating, Outdoors.

The Florida Fish and Wildlife Conservation Commission (FWC) is rolling out an initiative to assist in the derelict boat removal process for some municipalities.

At a September meeting, FWC commissioners approved rule amendments creating a block grant option within the FWC derelict vessel and public nuisance vessel removal grant program.

The FWC Boating and Waterways Section proposed the option to allow for additional reimbursement for ongoing vessel removals in areas that remove a substantial number of derelict vessels annually.

A derelict vessel is any vessel that is left in a wrecked, junked or substantially dismantled condition in the waters of the state.

Eligible governments must have removed 40 or more vessels within three of the preceding five calendar years.

However, smaller municipalities such as Bradenton Beach may not qualify for the block grants.

According to Bradenton Beach Police Chief John Cosby, approximately 25 derelict and abandoned boats have been removed by the city from waters in the past five years.

Local boat captains have expressed concern about sunken and unregistered boats south of the Cortez Bridge off the fishing village of Cortez, in Manatee County. In May, marine law enforcement agencies issued more than 20 citations for multiple unregistered and derelict vessels.

“Our goal is to keep improving our waterways by removing as many DVs as possible,” said Maj. Bill Holcomb, FWC boating and waterways section leader. “This amendment will allow local governments that have DV removal experience and are familiar with the process an option to remove these vessels more efficiently. They can remove eligible DVs and submit for reimbursement from their awarded block grant.”

As of June 1, there were 700 derelict vessels listed in the FWC derelict vessel database statewide.

“These vessels cause the destruction of valuable seagrass resources and endanger marine life. They also threaten human life, safety and property as they drift on or beneath the surface of the water or block navigable waterways, posing a navigational hazard to the boating public,” according to an FWC press release.

The funding for each block grant award is based on a formula that includes the average number of vessel removals for the applicant and the statewide average cost per removal.

For more information about the derelict vessel removal grant program, visit MyFWC.com/boating, select “Grant Programs” then “Derelict Vessels Removal Grant Program.”

Officers issuing citations for unregistered boats

Officers issuing citations for unregistered boats

Written by Leslie Lake on . Posted in Boating, Outdoors.

CORTEZ – Marine law enforcement agencies have issued more than 20 citations recently for multiple unregistered and derelict vessels moored in the waters just south of the Cortez Bridge.

“The Manatee County Sheriff’s Office (MCSO) Marine Unit is working closely with FWC (Florida Fish and Wildlife Conservation Commission) to get derelict boats removed before hurricane season,” MCSO Public Information Officer Randy Warren said on May 17. “Deputies are also patrolling the area and have been writing citations for unregistered vessels.”

Warren said the MCSO Marine Unit has issued four citations in the past several days for vessels with expired registration.

“The FWC works very closely with our partners, including the Manatee County Sheriff’s Office, to ensure state waters are safe for boaters and wildlife alike and derelict vessels continue to be a priority,” FWC spokesperson Bradley Johnson wrote in a May 17 email to The Sun.

Johnson said there are currently four derelict vessels in the area that are being actively investigated, with two that are likely to be removed soon.

“There have also been 18 citations written to vessel owners in this area for various “At Risk” violations over the past two months alone,” Johnson wrote.

Local boat captains have expressed concern about the moored boats crowding the harbor, as well as at least four sunken boats that are hazardous to navigation.

Brittany Bull, who owns and rents six of the boats in the area, spoke to The Sun on May 18.

“The way I’ve gotten these boats is I’ll see a boat that is sunken and get hold of the owner and see if I can obtain ownership, and now we have them floating,” Bull said. “They may not look great on the outside but the inside of the boats have been refurbished.”

Bull’s boyfriend, Brian Grimes, said the six boats are rented with a portable air conditioner, generator, bottled water and portable shower. A dinghy is provided for some of the boats to allow renters to get to shore.

“The boats are stationary, they don’t have motors, and they’re anchored out there,” Grimes said.

One of the FWC criteria for an “at-risk” vessel being classified as derelict is that it does not have an effective means of propulsion for safe navigation within 72 hours after the vessel owner or operator receives telephone or written notice, which may be provided by fax, email or other electronic means, stating that 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 Coast Guard has rules so they have to be moved every month to a different location and we just move them a little bit so we don’t get in trouble with the Coast Guard,” Grimes said.

Bull said the Coast Guard comes out to conduct boat safety checks.

The Coast Guard did not respond to a request for comment.

Other ‘at risk’ criteria include a vessel taking on water without an effective way to dewater; spaces meant to be enclosed remaining open to the elements; the vessel listing due to water intrusion; the vessel has broken loose or may break loose from its anchor; and the vessel is tied to an unlawful or unpermitted structure or mooring.

“We prefer to have people remove them on their own. If they don’t remove them, the state will do it eventually,” Warren said. “People might not realize there’s a process to get them physically removed.”

A derelict vessel is any vessel that is left in a wrecked, junked or substantially dismantled condition upon waters of the state, according to Florida Statute 823.11.

The derelict vessel adjudication and removal process can include multiple court hearings and court orders to remove a vessel from state waters. Each derelict vessel owner must also be afforded the opportunity for an administrative hearing by the law enforcement agency investigating the case as well as potential criminal proceedings before the vessels may be authorized for removal, according to Johnson.

Johnson wrote, “FWC makes every effort to work with the vessel owners to have them either remove the vessel from state waters themselves or return it to non-derelict status to minimize the cost to taxpayers. There is a difference between a vessel that is derelict and a vessel that is at-risk of becoming derelict. It is much less expensive to remove an at-risk vessel than it is to remove one already rendered derelict.”

Derelict vessel removals typically cost between $400-$800 per foot to remove. A 30-foot boat, barring any extraordinary circumstances, will cost between $12,000 and $24,000.

“Vessel removals can vary greatly in cost and new derelict vessel cases are constantly being added to the state’s inventory,” Johnson wrote. “On average, 600 new derelict vessels are added to the FWC’s DV database annually. Derelict vessels may be removed by owners, local government entities or the state.”

In an attempt to prevent vessels from becoming derelict on Florida’s waters, FWC initiated the Florida Vessel Turn in Program, a program in which vessel owners may apply to have their at-risk vessels removed from the waters of the state at no charge to them. Guidelines and applications are available at www.FloridaVTIP.com Vessel owners who have received a citation or written warning for a vessel in at-risk condition by law enforcement may apply for this program if they meet the eligibility requirements.

Derelict sailboat removal expected soon

Derelict sailboat removal expected soon

Written by Joe Hendricks on . Posted in Anna Maria, Community News.

ANNA MARIA – The large sailboat that’s been grounded offshore near the Anna Maria City Pier since mid-December is expected to be removed as early as this week.

Florida Fish and Wildlife Conservation Commission (FWC) Public Information Officer Adam Brown provided an update on the pending vessel removal by email on Wednesday, Sept. 16.

“I’ve reached out to our derelict vessel coordinator and was told the required 35-day waiting period necessary to give the registered owner an opportunity to remove the vessel will have elapsed on Friday, Sept. 18. With that being the case, we have also reached out to staff with WCIND (West Coast Inland Navigation District) and confirmed that they too are aware of this timeframe and are taking the proper steps to proceed with removal if the registered owner has not taken action before Friday. Sometimes the bidding process for removal and the removal itself can take some time, but I feel confident this is something that will take priority and I hope you will see movement beginning next week,” Brown wrote in his email response.

Brown said he also spoke with Anna Maria Mayor Dan Murphy earlier in the week about the long-anticipated vessel removal.

During the Thursday, Sept. 10 Anna Maria City Commission meeting, Chair Carol Carter said derelict and liveaboard vessel concerns were discussed at the ManaSota League of Cities meeting she participated in earlier that day.

“We had another public inquiry about issues regarding unsafe liveaboard concerns on derelict vessels,” Carter said.

Carter said Bradenton Beach resident Barbara Baker manages three condominium associations that are having issues with unsafe liveaboard vessels and has contacted state Rep. Will Robinson Jr. and former state Rep. and current Florida Senate candidate Jim Boyd about these concerns.

Derelict sailboat removal expected soon
Derelict and liveaboard vessels south of the Bridge Street Pier in Bradenton Beach have long been a source of community concern. – Joe Hendricks | Sun

Carter said the ManaSota League of Cities members who represent the Manatee and Sarasota County communities plan to add derelict and liveaboard vessel concerns to their list of the League’s 2021 legislative priorities.

“I made comments about our one derelict vessel that has not been moved for nine months or so, even though the mayor tells me there’s plenty of money available. I think there may be some legislation coming up at the next session with regards to these kinds of things because there are many coastal communities in Florida that are affected. We’re bringing to light how much of an issue it is. It affects public safety and it also affects the water quality,” Carter said.

Murphy said during the conversations he had in July with WCIND and FWC officials, he was told the money was earmarked and the vessel would be removed within the next 30 days or so.

High enterococcus levels in Bradenton Beach waters cause for concern

High enterococcus levels cause for concern

Written by Joe Hendricks on . Posted in Bradenton Beach, Community News.

BRADENTON BEACH – “Extremely high” pollution levels have been discovered at the Bradenton Beach bayfront, according to Suncoast Waterkeeper Executive Director Andy Mele and board Chair Joe McClash.

According to their Friday, Feb. 14 press release, “Over a period of two weeks, enterococcus levels exceeding 24,000 colony-forming units (CFU) per liter have been discovered twice along the waterfront at Bridge Street and Bay Dr. South in Bradenton Beach, an area intensively used by tourists throughout the year. Other samples reached 1,670 cfu/L and 4,884 cfu/L.”

According to the Florida Department of Health website, “Enterococci are enteric bacteria that normally inhabit the intestinal tract of humans and animals. The presence of enteric bacteria can be an indication of fecal pollution, which may come from stormwater runoff, pets and wildlife and human sewage. If they are present in high concentrations in recreational waters, and are ingested while swimming or enter the skin through a cut or sore, they may cause human disease, infections or rashes.”

The Suncoast Waterkeeper press release states that the Florida Department of Health’s threshold for beach closure advisories is 70 cfu/L and that Bradenton Beach bayfront samples have ranged from 24 to 340 times higher than the levels the state regards as unsafe for direct human contact.

“Bay Drive is home to a dinghy beach for people coming ashore from boats in the anchorage, a waterfront restaurant and a number of docks and private piers with small beaches. Bridge Street is Bradenton Beach’s main commercial hub, linked to the bayfront at Bay Drive and the historic pier. The area is frequently accessed by boaters and frequented by recreational paddlers,” according to the press release.

The press release does not cite any suspected sources for the higher-than-usual enterococcus levels.

For several years now, Bradenton Beach residents, business owners and city officials have expressed concerns about liveaboard boaters in that area dumping untreated human waste into those waters. It is not known if the liveaboard boating activities in the unmanaged anchorage south of the Bridge Street Pier contributed to the recently higher enterococcus levels.

High enterococcus levels in Bradenton Beach waters cause for concern
Several liveaboard boaters populate the unmanaged waters south of the Bridge Street Pier. – Joe Hendricks | Sun

Suncoast Waterkeeper is also monitoring 11 other sites on a weekly basis for enterococcus along Sarasota Bay and its adjacent waters.

“The Florida Department of Health monitors public beaches weekly and biweekly, so Suncoast Waterkeeper makes no attempt to duplicate their efforts, but to monitor other areas used recreationally that are representative of our inshore coastal waters. Other sites exceed the advisory level of 70 cfu by orders of magnitude, but the two Bradenton Beach bayfront sites are by far the worst,” the press release states.

According to the press release, Mayor John Chappie said, “We are aware we had a problem and we are about to start testing ourselves so we can get to the bottom of it. You know we believe in the importance of clean, healthy waters. We have the clam project and living shoreline in progress.”

The Suncoast Waterkeeper samples were analyzed by Benchmark EnviroAnalytical Inc. an accredited and certified laboratory in Palmetto.

“We are not pointing fingers here,” Mele said in the press release. “We are concerned that there could be a public health problem and we will be working with the Manatee County Department of Health and the Bradenton Beach government to help identify the sources and resolve the problem.”

The Feb. 12 sampling data can be viewed in its entirety at the Suncoast Waterkeeper website.

Anchorage enforcement

Officer Eric Hill, Det. Sgt. Lenard Diaz and Lt. John Cosby from the Bradenton Beach Police Department are among those who play active roles in the ongoing and increased enforcement efforts taking place in the unmanaged waters south of the pier.

When contacted Sunday, Cosby said, “As time goes on, I believe some of that will clear up. We’ve reduced the amount of liveaboards there by half. Six months ago, we had 58 boats out there. We’ve got 24 right now. And the ones we have removed were the ones we were having the most issues with.”

Cosby was asked if the city is having issues with liveaboard boaters dumping human waste into those waters.

“We don’t know, because we would have to physically see them dump it, and we have not seen that. Obviously, if we’re out there they’re not going to do it in front of us,” Cosby said, noting it could possibly happen at night.

Regarding vessel inspections, Cosby said, “We have the Coast Guard help us with that, but the boat has to be operational. If the boat is derelict and the boat doesn’t run, the pump system doesn’t work so the Coast Guard can’t test it. So, that’s part of this derelict enforcement that we’re doing.

“They have to get the boat up and running and be able to demonstrate that it has power, steering and is seaworthy. And FWC just came out with a new course that boaters have to navigate in order to show us the boat is maneuverable. Before, it used to be a guess. Now a sailboat or powerboat has to run to demonstrate to us that the boat is able to be steered and has enough power to propel itself,” Cosby said.

“The big thing out there is continued enforcement. That’s the only thing that’s going to keep that under control, and that’s what we plan on doing,” he added.

Cosby noted the city has a newly-amended ordinance, Ordinance 19-509, that addresses vessels moored in the unmanaged anchorage. The amended ordinance now limits the space available for liveaboard boaters to leave their dinghies at and near the city-owned ‘dinghy dock’ next to the Bridge Tender Inn’s Dockside Bar.

High enterococcus levels in Bradenton Beach waters cause for concern
A newly amended city ordinance allows beached dinghies to be removed from the area at the dinghy owner’s expense. – Joe Hendricks | Sun

“That’s going to help a lot. We’re having signs made that say you can’t beach your dinghy anymore in that area.  If there’s not enough room to put their dinghy on the dinghy dock, then they’re out of luck. They’ve been beaching them on that little cove where the dinghy dock is. They’re not allowed to do that anymore. Once the signs are up, we’re actually allowed to seize the dinghy, charge a $100-a-day storage fee and also charge them what it costs for Public Works to remove it,” Cosby said.

The amended ordinance prepared by City Attorney Ricinda Perry also addresses the rafting of multiple vessels and/or floating platforms and other prohibited acts and anchorage-related concerns.

High enterococcus levels in Bradenton Beach waters cause for concern
A recently amended ordinance also addresses the rafting of multiple vessels and/or floating platforms. – Joe Hendricks | Sun