New Law Aimed at Florida's Derelict Boats

A new state law aimed at strengthening vessel accountability and enhancing protections for Florida’s waterways went into effect on July 1.

Senate Bill 164, signed into law by Gov. Ron DeSantis on June 19, is expected to help reduce the number of at-risk and derelict vessels across the state and improve law-enforcement tools, the Florida Fish and Wildlife Conservation Commission said in a news release.

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 failures 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 DVs but also for preventive removals under the Vessel Turn-In Program and for public nuisance vessels.

Harsher Penalties for Repeat Offenders

• First offense: First-degree misdemeanor
• Second offense: Third-degree felony
• Third offense: Second-degree felony
• 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 or the owner has not requested an administrative hearing.
• Additional requirements, including an annual electronic permit issued by FWC for vessels anchoring long-term, will go into effect on July 1, 2026. The penalty for unauthorized long-term anchoring will consist of fines ranging from $100 for the first offense, $250 for the second offense, and $500 for the third or subsequent offense. If a vessel owner receives three violations within a 2-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.

Leaving a vessel in a derelict condition is a crime, the FWC says. Derelict vessels, including those that are sinking, grounded, stripped or lacking vital systems, threaten both people and Florida’s natural resources.

For more information on derelict or vessels at risk of becoming derelict, visit MyFWC.com/Boating and select “Waterway Management” followed by “Derelict Vessel Removal Program.” The FWC has removed nearly 200 vessels through the Vessel Turn-In Program and is actively taking applications from at-risk vessel owners. Vessel owners can call VTIP specialists at the FWC for more information on the program at 850-488-5600 or visit the VTIP website at MyFWC.com/boating and click on “Vessel Turn-In Program” on the second slider at the top of the page.

---

• Subscribe to Florida Sportsman magazine.

---