Claris Law Legal Blogging Community

Name:

E-mail:

Phone Number:

Zip Code:

Your Question:

Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Marine Construction & Dredging

Derelict boats are becoming a bigger problem in Florida. How do you deal with them? Here are some tips from the FWC:

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.

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.)

What is the FWC process for removing a derelict vessel?

Once an abandoned vessel has been located, the FWC must determine if the vessel is a recovered stolen boat, lost property, or a derelict vessel. If the reported vessel constitutes a hazard to navigation, then the nearest U.S. Coast Guard station is notified. If a pollution threat exists, the FWC ensures that the appropriate U.S. Coast Guard Marine Safety Office and the Florida Department of Environmental Protection's Bureau of Emergency Response are notified.

The FWC makes a comprehensive and thorough effort to determine ownership of the reported derelict vessel. All efforts are taken to have the owner remove the vessel. The FWC mails a certified letter to the last known owner of an abandoned vessel and directs the owner to remove the vessel from public waters of the state within 30 days of receipt of the letter or provide proof of the legal transfer of the vessel's ownership. If the owner complies with the request, the matter shall be closed. If these efforts fail, the facts are reviewed to determine if criminal charges are warranted.

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.

Once the FWC has declared a vessel derelict and marked it as such, FWC notifies the appropriate local government of the location of the derelict vessel. If funding is available, FWC will also notify the local government about any grant opportunities and how to apply. Also, if the vessel became derelict as a result of a natural disaster event, the local government may apply for FEMA funding to assist with the removal costs.