Derelict vesssels get harsher state review

The Florida Fish and Wildlife Conservation Commission (FWC) is preparing to implement a new law aimed at strengthening vessel accountability and enhancing protections for Florida’s waterways. Senate Bill 164, signed into law by Gov. Ron DeSantis on June 19, went into effect on July 1.

This legislation is designed to help reduce the number of at-risk and derelict vessels across the state and improve enforcement tools for FWC officers and partner agencies. Key provisions of the new law include:

• 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 DV 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 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.

“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 remain a priority for the FWC, and the multi-year initiative to reduce the number of derelict vessels on Florida’s waterways is ongoing. These vessels pose serious risks to seagrass beds, marine life, navigation, public safety and property. The Boating and Waterways Section is leading this statewide effort in partnership with local governments and law enforcement.

Leaving a vessel in a derelict condition is a crime. 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 at myfwc.com/boating.