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Item M5BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date April 16, 2014 Division: BOCC Bulk Item: Yes No x Department: George R. Neugent Staff Contact Person/Phone #: T. Colonna 4512 AGENDA ITEM WORDING: Report on Derelict Vessel Processing, Derelict Vessel Prevention/solutions and review of Florida State DV Statutes. ITEM BACKGROUND: March 19, 2014 BOCC meeting it was discussed and requested that staff meet with FWC and Sheriff Officials bringing back preventive solutions to future DV events as the "Tilly" sinking. PREVIOUS RELEVANT BOCC ACTION: CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: TOTAL COST: INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes No AMOUNT PER MONTH Year APPROVED BY: County Atty OMB/Purchasing Risk Management DOCUMENTATION: Included x DISPOSITION: Revised 7/09 Not Required AGENDA ITEM # Potential Solutions for Addressing the Processing and Prevention of Derelict Vessels in Monroe County 3/28/2014 Monroe County Marine Resources Office DERELICT VESSEL PROCESSING 1) Hire off -duty law enforcement officers to process additional derelict vessels. Off duty law enforcement officer/s can be hired to focus on additional d/v removals. This has been used in other counties and appears to be effective. Subsequently, additional funding sources would need to be identified for the additional removal costs due to the limited County d/v removal budget. 2) The State Legislature is considering HB 1363 (Senate Bill 1594) which provides for FWC (and the contractor/s they assign, with a towing endorsement on their captain's license) to tow/relocate/and tie secure or re -anchor a vessel adrift, or swinging on anchor into a marked channel, or otherwise creating a navigational hazard. This bill was brought forward by Representative Van Zant from the Green Cove Springs area, and enables law enforcement or their assignee (a towing contractor) to reposition and secure a vessel (d/v or not) which is adrift or otherwise poses a hazard to navigation, without incurring liability. This would address the issue contractors and FWC are concerned about with laying hands on a vessel and resecuring it. HB1363 has passed the House and is now in the Senate. If approved by the Governor this would go into effect in a few months. 3) Implementation of `emergency moorings' by FWC to address derelict vessels that are adrift, or at anchor and swinging into a navigational channel, or otherwise creating a navigational hazard. This idea furthers the mechanism provided by HB 1363 (above) and provides a place for law enforcement officers to temporarily secure a vessel. Based on a brief conversation with Capt. Langley with FWC, after the vessel is secured to an emergency mooring, FWC would contact the vessel owner to retrieve the vessel to re-anchor/secure the vessel elsewhere. The mooring would not be intended as a site for a vessel owner to perform maintenance on the vessel or leave it on the mooring for an extended period. DERELICT VESSEL PREVENTION 1) Consider creating a prohibition of anchoring or mooring of floating structures upon the waters of Monroe County (with exception for those allowed in public mooring fields which allow them, or those that have been permitted by the Florida DEP). Florida Statute (see below) provides for local governments to enact regulations restricting or prohibiting the anchoring or mooring of floating structures. Statute 327.07(10): "Floating structure" means a floating entity, with or without accommodations built thereon, which is not primarily used as a means of transportation on water but which serves purposes or provides services typically associated with a structure or other improvement to real property. The term "floating structure" includes, but is not limited to, each entity used as a residence, place of business or office with public access, hotel or motel, restaurant or lounge, clubhouse, meeting facility, storage or parking facility, mining platform, dredge, dragline, or similar facility or entity represented as such. Floating structures are expressly excluded from the definition of the term "vessel" provided in this section. Incidental movement upon water or resting partially or entirely on the bottom shall not, in and of itself, preclude an entity from classification as a floating structure. Statute 327.60(3): Nothing in this section shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulations which prohibit or restrict the mooring or anchoring of floating structures or live -aboard vessels within their jurisdictions or of any vessels within the marked boundaries of mooring fields permitted as provided in s. 327.40. However, local governmental authorities are prohibited from regulating the anchoring outside of such mooring fields of vessels other than live -aboard vessels as defined in s. 327.02. 2) Consider creating a prohibition on the anchoring or mooring of liveaboard vessels upon the waters of Monroe County in such geographic areas as may be established, such as Boca Chica Basin. Florida Statute (see below) provides for local governments to enact regulations restricting or prohibiting the anchoring of liveaboard vessels. Statute 327.02(17): "Live -aboard vessel" means: (a) Any vessel used solely as a residence and not for navigation; (b) Any vessel represented as a place of business or a professional or other commercial enterprise; or (c) Any vessel for which a declaration of domicile has been filed pursuant to s. 222.17. Statute 327.60(3): Nothing in this section shall be construed to prohibit local governmental authorities from the enactment or enforcement of regulations which prohibit or restrict the mooring or anchoring of floating structures or live -aboard vessels within their jurisdictions or of any vessels within the marked boundaries of mooring fields permitted as provided in s. 327.40, However, local governmental authorities are prohibited from regulating the anchoring outside of such mooring fields of vessels other than live -aboard vessels as defined in s. 327.02. 3) Hire an off -duty law enforcement officer to issue warnings/citations for vessels in violation of the requirements stipulated in the Pilot Program anchoring ordinance. Off duty FWC (or S.O.) officer/s can be hired to focus on enforcing the anchoring ordinance requirements in 1) managed anchoring zones, including issuing warnings/citations for vessels exhibiting pre -derelict conditions, and 2) no anchoring buffer zones. 4) Vessel -Be -Gone Program If funding is available (this cannot be done with State BIF), remove and dispose of Florida titled vessels (with owners consent/signature) that are At Risk as tagged by FWC. The intent of the program would be to assist vessel owners who cannot or choose not to maintain their non -derelict vessels, and thereby preventing a potential derelict vessel. To reduce the incentive for owners to abuse the program and title another boat, a mechanism would be developed (if allowed by the State) so the owner could not title another boat in Florida for an extended period of time (e.g. ten years), or until such time they provide full reimbursement for the removal and disposal costs previously incurred. 5) Freezing titles by FWC Work with FWC to determine how the `freezing' of titles of vessels declared derelict can be implemented so that the derelict vessels cannot be resold/retitled. This is currently allowed/authorized by FWC (according to FWC staff), but needs to be thought out so it can be applied more effectively. The vessel title would be frozen until such time maintenance is performed and the vessel is brought out of derelict vessel condition. Otherwise the vessel would be removed and disposed of as part of the existing derelict vessel process. 6) Locking down vessels in marinas/slips by USCG USCG may have the authority (this is not yet confirmed) to `lock -down' larger vessels at marinas which are determined to be un-seaworthy, preventing the vessel from leaving port until the vessel is brought into seaworthy condition. 7) Prohibition on the anchoring or mooring of stored vessels upon the waters of Monroe County in such geographic areas as may be established (with exception for those allowed in public mooring fields which), such as Boca Chica Basin. This prohibition may have a significant impact on the generation of derelict vessels, as long- term stored vessels are known to be one of the greatest generators of derelict vessels. This would have to be further researched by legal, as it may tread on the rights of `vessels in navigation'. This is a long standing issue (i.e. how long is too long) and the right to anchor for any period of time will likely be defended by boating advocacy groups. This prohibition could potentially be included in the current Pilot Program ordinance, if approved by the FWC. 8) Consideration of FWC recommending to the Legislature revising the derelict vessel statute 823.11 to include going in to marinas to inspect and tag vessels as derelict. There was discussion with Capt. Pat Langley to consider if existing statutory language could be revised to extend the authority of FWC to go into marinas to tag and process derelict vessels, rather than waiting for the vessels to leave the marina and go out into public waters. The below statutory citation describes the current authority for law enforcement to process derelict and abandoned vessels in public waters. *Further information- based on an e-mail from Comm. Neugent on 3/26/2014, the Commissioner spoke with Major Moore who indicated that `FWC can visit marinas during working Hrs.' Statute 823.11(3)(a) The Fish and Wildlife Conservation Commission and its officers and all law enforcement officers as specified in s. 327.70 are authorized and empowered to remove or cause to be removed any abandoned or derelict vessel from public waters in any instance when the same obstructs or threatens to obstruct navigation or in any way constitutes a danger to the environment. Removal of vessels pursuant to this section may be funded by grants provided in ss. 206.606 and 376.15. The Fish and Wildlife Conservation Commission is directed to implement a plan for the procurement of any available federal disaster funds and to use such funds for the removal of derelict vessels. All costs incurred by the commission or other law enforcement agency in the removal of any abandoned or derelict vessel as set out above shall be recoverable against the owner thereof. The Department of Legal Affairs shall represent the commission in such actions. As provided in s. 705.103(4), any person who neglects or refuses to pay such amount is not entitled to be issued a certificate of registration for such vessel or for any other vessel or motor vehicle until the costs have been paid. 9) Consider launching an aggressive education/outreach campaign to inform boaters, and potential boat owners, about existing anchoring regulations, anchoring impacts, the need to maintain vessels, vessel owners responsibilities etc. Multiple media sources could be utilized (County website, newspaper, radio, billboards) to inform boaters about the need to be responsible boat owners, necessary maintenance of their vessels, and various boating regulations. Information should include a description of the various impacts created by improper boating techniques, including: anchor dragging, seagrass and hard bottom damage from anchoring, impacts of sewage dumping, unattended vessels, the nuisance created by inappropriate upland access, etc. 10) Consider making the FWC At Risk Program mandatory. The At Risk Program is currently structured to prevent vessels which exhibit `at risk' conditions from becoming derelict by letting the owner know that his/her vessel needs attention. It is not currently a regulatory program. Monroe County would like FWC to make the program regulatory in Monroe County. Derelict Vessel Statutes and removal procedures- a brief summary F.S. 705.103 Procedures for removal of abandoned property on public property (such as floating structures on sovereign submerged lands) F.S. 823.11 Provides definition of derelict vessel, and provides law enforcement the authorization to remove them. It provides the d/v owner with the opportunity to remove the vessel (60 days) if docked, grounded, or beached on private property without owner's consent. It makes a dv a 1st degree misdemeanor. F.S. 376.15 Same info as above, but also provides for a grant funding program by FWC (the FBIP Program)