The Florida Fish and Wildlife Conservation Commission (FWC) is set to enforce a new law intended to improve vessel accountability and safeguard Florida's waterways. Senate Bill 164, signed by Governor Ron DeSantis on June 19, will be effective from July 1, 2025.
This legislation aims to decrease the number of at-risk and derelict vessels in the state while enhancing enforcement tools for FWC officers and partner agencies. Key elements of the law include:
- Clarified Ownership Standards: The definition of "vessel owner" is clarified, with a valid vessel title now serving as prima facie evidence of ownership.
- Stronger Requirements for At-Risk Vessels: Vessel owners must complete an Effective Means of Propulsion (EMP) evaluation upon request by law enforcement. If an officer suspects the vessel lacks propulsion and the owner is present, the evaluation must occur immediately or within 48 hours if notified otherwise.
- Public Nuisance Vessel Designation: A vessel may be declared a public nuisance if its owner receives three citations related to at-risk conditions within 24 months, including unpaid citations or failures to appear in court.
- Expanded Noncriminal Infractions: Violations like expired registration and long-term anchoring can now be addressed through mailed noncriminal citations from law enforcement.
- More Flexible Use of Removal Funds: Derelict Vessel removal funding can now also cover preventive removals under the Vessel Turn-In Program and public nuisance vessels.
- Harsher Penalties for Repeat DV Offenders:
- First offense: First-degree misdemeanor
- Second offense: Third-degree felony
- Third offense: Second-degree felony
It is now a first-degree misdemeanor to live aboard a vessel declared derelict by the court or if the owner has not requested an administrative hearing. Additional requirements, such as an annual electronic permit issued by FWC for long-term anchoring vessels, will start on July 1, 2026. Unauthorized long-term anchoring penalties range from $100 for a first offense to $500 for subsequent offenses. If a vessel owner incurs three violations within two years, it may be deemed a public nuisance and removed like a derelict vessel. Exemptions apply to government-operated vessels, construction vessels, those engaged in fishing activities, docked at facilities or moored at permitted moorings.
"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 efforts to not only remove derelict vessels but also prevent at-risk vessels from becoming derelict."
Derelict vessels are still prioritized by FWC due to their risks to seagrass beds, marine life, navigation safety, and property. The Boating and Waterways Section leads this statewide effort alongside local governments and law enforcement.
Leaving a vessel in dereliction is criminalized as these boats pose threats when sinking or stripped of vital systems.
For more information about derelict or potentially derelict vessels visit MyFWC.com/Boating under “Waterway Management” then “Derelict Vessel Removal Program.”
The FWC has removed nearly 200 boats via the Vessel Turn-In Program (VTIP) while accepting applications from owners with at-risk boats. Owners can contact VTIP specialists at FWC via phone at 850-488-5600 or visit MyFWC.com/boating clicking on “Vessel Turn-In Program.”