Captain Alan S. Richard
Tallahassee, Florida
Presented to the
Admiralty Law Committee
of the Florida Bar
June 22, 2022

Federal:
◦ There are two bills:
The Ocean Shipping Reform Act of 2022 became law on June 16, 2022;
The Coast Guard Authorization Act of 2022 is stuck in a Senate committee.
◦ The Coast Guard has undertaken three significant rulemaking actions.

State of Florida:
◦ Three of the bills we discussed in January have now become law;
◦ The FWC lost two administrative actions challenging rules that would
have affected vessel traffic;
◦ The FWC is proposing three new environmental rules affecting vessel
operation.
2

Companion bills: Senate Bill 3580 and House Resolution 4996
◦ The Senate passed its version in March and sent it to the House.
◦ The House sat on it (held it at “the desk”) until last week (6/13/2022).
◦ The House picked up the Senate bill, suspended its rules, and passed the
Senate version by 369 to 42
 Only 40 minutes discussion and debate;
 Passed without amendment.



Presented to the President on 6/14/2022.
Signed into law on 6/16/2022.
Public law 117-146.
3
The purpose of the act is to:


“[E]nsure an efficient, competitive, and economical
transportation system in the ocean commerce of the United
States.”
“Promote the growth and development of United States
exports through a competitive and efficient system for the
carriage of goods by water in the foreign commerce of the
United States, and by placing a greater reliance on the
marketplace.”
4
Creates a new section 46 U.S.C. § 40504 titled
“Shipping exchange registry”
Defines the term "shipping exchange" to mean:
[A] platform (digital, over-the-counter, or
otherwise) that connects shippers with common
carriers for the purpose of entering into
underlying agreements or contracts for the
transport of cargo, by vessel or other modes of
transportation.”
5
Registration required:

“No person may operate a shipping exchange involving
ocean transportation in the foreign commerce of the
United States unless the shipping exchange is registered
as a national shipping exchange under the terms and
conditions provided in this section and the regulations
issued pursuant to this section.”
6
Registration required:


Must register with the Federal Maritime Commission as prescribe by
rule.
FMC has 3 years to come up with these rules.
◦ The requirement becomes effective once the FMC promulgates the rules.


These rules may prescribe the information and documents as the
FMC decides are “necessary or appropriate to complete a shipping
exchange's registration.”
The FMC may exempt, if it “finds that the shipping exchange is subject
to comparable, comprehensive supervision and regulation by the
appropriate governmental authorities in a foreign country where the
shipping exchange is headquartered.”
7
Adds a new subsection to the end of 46 U.S.C. § 41102
prohibiting retaliation and other discriminatory actions.

Applies to common carriers, marine terminal operators, and
ocean transportation intermediaries acting:
◦ Alone or in conjunction with any other person;
◦ Directly or indirectly.

Prohibits adverse action against shippers, shippers’ agents of a
shipper, ocean transportation intermediaries, or motor carriers.
8

Prohibited actions include:
◦ Retaliation by refusing, or threatening to refuse, an otherwise-available
cargo space accommodation;
◦ Resorting to any other unfair or unjustly discriminatory action.

Prohibited if the target:
◦ Patronized another carrier;
◦ Filed a complaint against the perpetrator;
◦ For “any other reason.”

So, it looks like one cannot do anything unfair, unjust, or
simply mean, regardless of the reason.
9
Amends 46 U.S.C. § 41104


Prohibits common carriers from unreasonably refusing cargo
space accommodations when available or resorting to other
unfair or unjustly discriminatory methods.
Common carriers cannot engage in any unfair or unjustly
discriminatory practice against any commodity group or type of
shipment or in the matter of rates or charges with respect to any
port when acting pursuant to a service contract.
10
FMC Must initiate rulemaking within:

30 days to define unreasonable refusal to deal or negotiate with
respect to vessel space under 46 U.S.C. § 41104(a)(10);


45 days to further define prohibited practices by common
carriers, marine terminal operators, shippers, and ocean
transportation intermediaries regarding the assessment of
demurrage or detention charges;
60 days, in consultation with USCG, to define unfair or unjustly
discriminatory methods under 46 U.S.C. § 41104(a)(3).
11
Creates and new section 46 U.S.C. § 41310, “Charge
complaints”


A person may submit to the FMC complaints about charges
assessed by a common carrier.
The information:
◦ Must include the bill of lading numbers and invoices, and
◦ May include any other relevant
information.
12
Creates and new section 46 U.S.C. § 41310, “Charge complaints”


The FMC must promptly investigate the charge with regard to compliance with
46 U.S.C. §§ 41104(a) and 41102.
The common carrier:
◦ Has an opportunity to submit additional information related to the charge in question; and
◦ Bears the burden of establishing the reasonableness of any demurrage or detention charges.

If the Commission determines that a charge does not comply with 46 U.S.C. §§
41104(a) or 41102, the Commission shall promptly order the refund of charges
paid.
13
Amends 46 U.S.C. § 41107 to provide for a refund of demurrage,
detention, or other fees charged by a carrier “in addition to or in lieu of a
civil penalty” for violations of 46 U.S.C. §§ 40101 through 41310 or any
regulation or order of the FMC issued under those sections.
 FMC should reduce the penalties by the amount of the ordered
refund.
 Penalties are $5,000 for violation and $25,000 for willful and
knowing violation.
 Each day is a separate violation.
 “The amount of a civil penalty or, in addition to or in lieu of a civil
penalty, the refund of a charge, imposed on a common carrier
under this section constitutes a lien on the vessels operated by the
carrier.”
14
Has numerous other provisions concerning FMC activities
relating to:

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Cargo container storage in ports;
Best practices for on-terminal or near-terminal chassis pools;
Transportation of hazardous materials;
CDL testing;
TWIC cards;
Adoption of new technology;
Various reports to Congress
15
House Resolution 6865 is not yet law!


The House introduced and passed it in less than 30
days.
It has been sitting in the Senate untouched since March.
◦ It was read twice and referred to the Committee on Commerce, Science, and
Transportation

If it does not pass in some form, the Coast Guard will not
have a budget after September 30.
16


Authorizes appropriations through FY2023 for the Federal
Maritime Commission and the U.S. Coast Guard.
Contains numerous provisions concerning:
◦ Military personnel matters

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
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◦
◦
◦
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Authorized strength.
Continuation of officers with certain critical skills on active duty.
Number and distribution of officers on active duty promotion list.
Coast Guard behavioral health policy.
Operational matters
Diversity and inclusion initiatives
Great Lakes winter shipping
Other even less relevant or interesting stuff.
17


This is just an overview of the highlights.
There is no telling what form the final product will
take once the Senate finally decides to consider it.
18
Vessel Safety

USCG must issue safety regulations for amphibious passenger
vessels operating in waters subject to the jurisdiction of the
United States.
◦ Must be issued within 12 months after passage of the act.
◦ Compliance required not later than 24 months after passage of the act.

Regulations must include, inter alia:
◦
◦
◦
◦
◦
Passive reserve buoyancy
Obtaining forecast and monitoring weather
Check that no passengers are using a seatbelt while underway
Operator and crew training requirements
Additional structural and equipment requirements
19
Exoneration and Limitation of Liability for Small
Passengers Vessels

Redesignates sections 46U.S.C. §§ 30503 through 30512 as
sections 30521 through 30530, respectively.
20
Exoneration and Limitation of Liability for Small Passengers
Vessels

Adds a definition to 46 U.S.C. § 30501:
The term ‘covered small passenger vessel’—
(A) means a small passenger vessel, as defined in section 2101 that is—
(i) not a wing-in-ground craft; and
(ii) carrying—
(I) not more than 49 passengers on an overnight domestic
voyage; and
(II) not more than 150 passengers on any voyage that is not an
overnight domestic voyage; and
(B) includes any wooden vessel constructed prior to March 11, 1996,
carrying at least 1 passenger for hire.
21
Exoneration and Limitation of Liability for Small
Passengers Vessels


Adds “and covered small passenger vessels” to those covered in
Chapter 305.
Changes the minimum time limit a vessel owner (master, agent,
etc.) can specify giving notice of, or filing a claim for, personal
injury or death:
◦ Giving notice or filing a claim – 2 years 6 months;
◦ Bringing a civil action – 2 years 1 year.
22
Automatic identification system requirements


Amends section 46 U.S.C. § 70114 to require fishing vessels
over 65 feet in length be equipped with and operate an automatic
identification system (AIS).
Authorizes $5 million to the Secretary of Commerce for fiscal
year 2022 to purchase AIS for fishing vessels more than 50 feet
in length.
23
Restriction on changing salvors
Amends the Federal Water Pollution Act, 33 U.S.C. § 1321, by
prohibiting a vessel owner/operator from changing salvors
designated in vessel response plans as long as those salvors
satisfy the Coast Guard requirements in accordance with the
National Contingency Plan.
Requires the Coast Guard to submit a report to Congress
whenever the Coast Guard authorize a deviation from the salvor
designated in the vessel response plan.
24
Personal injury to or death of seamen:
Amends 46 U.S.C. § 30104 to limit recovery:


For injuries sustained by an aquaculture worker if state workers’
compensation is available to such individual;
To individuals who, at the time of injury, were engaged in
aquaculture activities in a place where the individual had lawful
access.
25
Personal injury to or death of seamen
Amends 46 U.S.C. § 30104 to extent the time limit for bringing a
maritime tort from 3 years to not more than 5 years for a claim of
sexual harassment or sexual assault to after the cause of action for
a claim of sexual harassment or sexual assault arose.
26
Sexual Harassment and Sexual Assault
The new provisions are too numerous and complex to
cover in depth in the time allotted.
27
Sexual harassment and sexual assault highlights:

Provides definitions of sexual harassment or sexual assault;

Constitutes grounds for license denial, suspension, or revocation;


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Crew berthing areas must have notices posted with vessel owner’s
policies and reporting procedures on sexual harassment or sexual
assault, retaliation, and drug or alcohol use;
Mandatory reporting for vessel owners and for all crew members
with first-hand or personal knowledge;
Prohibition against retaliation.
28
Sexual harassment and sexual assault highlights:


Requires annual training on prevention, bystander intervention,
reporting, response, and investigation;
Surveillance cameras required on passageways showing stateroom
doors;
◦ Grants law enforcement and victims access to the video footage;


Requires vessels to have a master key control system;
USCG required to:
◦ Study safe limits for (or prohibition of) alcohol aboard US vessels;
◦ Maintain sexual assault forensic examination kits on cutters when underway
for at least five consecutive days without access to advanced medical care.
29
Fire Safety of Small Passenger Vessels, Interim Rule

The interim rule adds requirements to 46 CFR subchapters T
and K for vessels (other than ferries) that:
◦ Operate on a Coastwise or Oceans route
OR
◦ Have overnight accommodations for passengers.

Amends 46 CFR Parts 114, 116, 118, 122, 175, 177, 181,
and 185.
30
Fire Safety of Small Passenger Vessels, Interim Rule
These vessels must:



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Install interconnected fire detection systems in all spaces where passengers and
crew have routine access, including dining areas, sleeping quarters, and lounges;
Install portable fire extinguishers on ‘‘existing vessels’’ so that they meet the
same current regulatory requirements for ‘‘new vessels’’;
Develop safe handling procedures for the operation and storage of potentially
hazardous items such as rechargeable batteries (especially lithium batteries);
Develop crew firefighting and emergency egress training.
31
Fire Safety of Small Passenger Vessels, Interim Rule
If these vessels have overnight accommodations, they must also:

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Have two unobstructed means of escape that are not located directly above, or
dependent on, a berth;
Ensure that means of escape arrangements onboard ‘‘existing vessels’’ meet the same
current regulatory requirements outlined for ‘‘new vessels’’;
Install and use a monitoring device to ensure the wakefulness of the required night
watchmen;
Conduct passenger emergency egress drills; and
Post a passenger safety bill (that includes an emergency egress plan) in passenger
accommodation spaces
32
Fire Protection for Recreational Vessels, Final Rule

Goals:
◦ Separate recreational vessel fire extinguishing equipment requirements from
the commercial vessel fire extinguishing equipment requirements in 46
C.F.R.;
◦ Consolidate recreational vessel-specific requirements into one part in title 33
of the CFR;
◦ Eliminate NFPA requirements for visual inspection, annual maintenance, and
recordkeeping on recreational vessels.

Changes do not affect commercial vessels, including vessels
carrying passengers for hire.
33
Fire Protection for Recreational Vessels, Final Rule




Creates a new Subpart E in 33 C.F.R. Part 175
Contains seven nonconsecutively numbered sections, 175.301
through 175.390.
Applies only to recreational vessels that are propelled or
controlled by propulsion machinery.
Separate requirements for older recreational vessels:
◦ Vessels constructed prior to November 19, 1952;
◦ Vessels constructed prior to August 22, 2016, but after November 19, 1952.
34
Fire Protection for Recreational Vessels, Final Rule


The requirements are substantially the same as existing
requirements.
Fire extinguisher size and nomenclature did change:
◦ B-1 extinguishers must now be 5-B;
◦ B-2 extinguishers must now be 20-B.


Don’t worry about the nomenclature, just read the label.
Older extinguishers on older recreational vessels are still
acceptable as long as they remain serviceable.
35
Uniform Certificate of Title Act for Vessels, Final Rule

This rule have been simmering on the back burner for decades.
◦ The USCG began pushing this in 1988;
◦ The National Association of State Boating Law Administrators has been
playing with this since about 1990;
◦ The National Conference of Commissioners on Uniform State Laws
published its first draft in March of 2011.


The Florida Legislature implemented this in statute in 2019 with
an effective date of July 1, 2023.
The Florida Bar ALC covered this at our June 2019 meeting in
Boca Raton.
36
 Creates the Uniform Certificate of Title for Vessels Act.
 Implements in chapter 328 the model act adopted by the
National Conference of Commissioners on Uniform State
Laws.
 The purposes are to:
 Provide to states legislation that brings clarity to state statutes;
 Strengthen the federal system by providing rules and procedures
that are consistent from state to state.
The principal objectives of the UCOTVA are to:
(i) Qualify as a state titling law that the Coast Guard will
approve;
(ii) Facilitate transfers of ownership of a vessel;
(iii) Deter and impede the theft of vessels by making
information about the ownership of vessels available
to both government officials and those interested in
acquiring an interest in a vessel;
(iv) Accommodate existing financing arrangements for
vessels;
(v) Work seamlessly with the Uniform Commercial Code;
The principal objectives of the UCOTVA are to:
(vi) Manage, to the extent possible, the complications that can
arise from a vessel’s transition in or out of federal
documentation;
(vii) Provide clear rules on the consequences of compliance or
noncompliance;
(viii) Impose minimal or no new burdens or costs on state
titling offices; and
(ix) Protect buyers and others acquiring an interest in an
undocumented vessel by requiring that the title for the
vessel be branded if a casualty or sinking has caused
significant damage to the vessel’s hull integrity.
Branding the title:
 Vessels with hidden hull damage are often salvaged and
resold, after cosmetic repairs, without disclosure of the
damage.
 The Act creates two title brands–
 One that owners are required to place on the title; and
 A second supervening brand that insurers are required to place
on the title.
 The act encourages compliance with its branding rules
by imposing an administrative penalty on owners who
fail to comply and by having insurers who fail to comply
warranty that the hull is merchantable.
OK, so now what?

Effective 7-1-2023, Florida will be compliant with the new rule.
◦ The USCG will then certify Florida’s vessel titling system as meeting the
requirements of this regulation.
◦ At that point, lenders will be eligible to have security interests that are
perfected under Florida law deemed preferred mortgages under 46 U.S.C.
§ 31322.

The State must also comply with the USCG’s Vessel
Identification System participation requirements of and make the
vessel information it collects available to the USCG.
◦ It already does this.
41
This act may be cited as the “Boating Safety Act
of 2022.”
42
New definition of “convicted” and “conviction” for
boating accident violations under § 327.30 (render
aid, exchange information, make an immediate
report) and “conviction” for vessel livery violations
under § 327.54:
“any judicial disposition other than
acquittal or dismissal”
43
Boating Accidents – Present Situation

§ 327.30 requires operators involved in a boating accident
with death, injury beyond first aid, or property damage
over $2,000 to:



Render “all possible aid” if practicable,
Exchange personal and vessel information, and
Notify law enforcement immediately.

Hit and run with injuries is a felony.

All other violations are 2nd degree misdemeanors
44
Boating Accidents – New Provision



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Provides an additional fine of up to $1,000 per violation;
Applies to section 327.30 and FWCC rules and orders issued
pursuant to that section;
Fines must be deposited into the state’s Marine Resources
Conservation Trust Fund;
Funds may only be “used to enhance state and local law
enforcement activities related to boating infractions.”
45
Boating Safety Education – New Required Topics
All FWC approved boating safety courses must add the following
(effective 10-1-2022):

The danger associated with:
◦ A passenger riding on a seat back, gunwale, transom, bow, motor cover, or any other
vessel area not designed and designated by the manufacturer for seating.
◦ A passenger falling overboard.
◦ Operating a vessel with a person in the water near the 106 vessel.
◦ Starting a vessel with the engine in gear.
◦ Leaving the vessel running when a passenger is boarding or disembarking.

The proper use and lifesaving benefits of an engine cutoff switch for
motorboats and personal watercraft.
46
Engine Cutoff Switch – New Requirement



The operator of a vessel used in the instruction of a water sport or
activity must use an engine cutoff switch and wear an operative link to
the switch when a person participating in the water sport or activity is
in the water.
Note the potential conflict with 46 U.S.C. § 4312.
Engine cut-off switches only required for recreational vessels
◦ Less than 26 feet long with about 3 or more HP
◦ Constructed on or after January 1, 2020
◦ That DO NOT have an enclosed helm.

This is likely to be preempted under 33 U.S.C. § 4306.
47
Vessel Liveries
“Livery” means a person who offers a vessel for use
by another in exchange for any type of consideration
when such person does not also provide the lessee
or renter with a captain, a crew, or any type of staff
or personnel to operate, oversee, maintain, or
manage the vessel. A vessel rented or leased by a
livery is a livery vessel as defined in s. 327.02.
48
Vessel Liveries
“ ‘Seaworthy’ means the vessel and all of its parts
and equipment, including, but not limited to,
engines, bilge pumps, and kill switches, are
functional and reasonably fit for their intended
purpose.”
Note: Does not specify that a competent operator is
required for a livery vessel to be seaworthy but does not
exclude this.
49
Vessel Liveries


Effective 1/1/2023, a livery may not offer a vessel
for lease or rent without first being issued a nocost annual permit by the FWCC.
To get the permit, a livery must:
◦ Provide to FWCC a list of vessels offered for rent;
◦ Have $500,000/$1,000,000 insurance;
◦ Have sufficient safety PFD’s and required safety
equipment for all listed vessels.
50
Vessel Liveries
Pre-rental or pre-ride instruction

Removes the 10-HP threshold
◦ Now required for ANY vessel rental, even if unpowered

FWCC will establish the instruction requirements by rule

Adds to “must include” topics -- see next slide
51
Vessel Liveries
Additional pre-rental/pre-ride instruction “must include”:


Local characteristics of the waterway where the vessel
will be operated, such as navigational hazards, the
presence of boating-restricted areas, and water
depths.
Emergency procedures such as appropriate
responses to capsizing, falls overboard, taking on
water, and vessel accidents.
52
Vessel Liveries
Person receiving pre-rental/pre-ride instruction must give
the livery a signed form attesting to each component of
the instruction.



FWCC must establish the content of the form by rule.
The form must be signed by the individual providing the
instruction.
The livery must maintain the form for no less than 90 days and
make the form available to law enforcement.
53
Vessel Liveries
Notwithstanding the person’s age or any exemptions
provided in s. 327.395, any person delivering the required
pre-rental or pre-ride instruction must have successfully
completed a boating safety education course approved by
the NASBLA and the FWCC.
54
Vessel Liveries

Requires a written rental agreement that must include:
◦ A list of names, addresses, and DOBs for all persons who will be aboard;
◦ When and where the vessel must be returned
◦ An emergency contact name, address, and telephone number (does not
specify if this information is for the renter or the livery)

Livery must keep rental agreements on file for at least one year
and make them available to law enforcement
55
Vessel Liveries
Cannot rent a vessel
 To anyone under 18 years old.
 Unless any renter born after on or after 1/1/1988 unless the
person provides a photo ID and proof of boating safety
education:
◦
◦
◦
◦
Florida Boating Safety ID card or DL/ID endorsement;
FWCC temporary certificate examination;
A valid International Certificate of Competency;
A NASBLA approved course or examination from another state,
territory, or Canada.
56
Vessel Liveries
Livery reporting requirements:


Must report all overdue rented vessels (more than one hour
late) to law enforcement AND the USCG;
Must file a written report with FWCC if a rented vessel is
involved in a reportable boating accident (see § 327.301).
57
Vessel Liveries



All liveries (presently only PWC liveries) must obtain a policy
insuring against ANY accident, loss, injury, property damage, or
other casualty caused by or resulting from the operation of the
vessel.
The policy must
◦
◦
◦
◦
Provide at least $500,000/$1,000,000 policy limits;
Be from a Florida licensed carrier;
Be kept in full force and effect;
Proof of insurance must be available for inspection by law enforcement.
Liveries must provide to EACH RENTER the insurance
carrier’s name and address and the insurance policy number.
58
Although § 253.0346 applies to all sovereignty
submerged lands for marinas, boatyards,
mooring fields, and marine retailers, these new
lease provisions will only apply to approved and
permitted moorings or mooring fields in Monroe
County.
59
The New Lease Conditions


The general tenancy on a mooring may exceed 12
months, if requested, but may not exceed 10 years.
A sovereign submerged land or other proprietary
lease may not prohibit a vessel from an approved and
permitted mooring or mooring field or limit the
tenancy of a vessel because:
◦ An individual has established it as his or her domicile in
accordance with s. 222.17; or
◦ The vessel is an individual’s primary residence.
60
Monroe County Anchoring Limitation Area


Every vessels anchored in Monroe County within 10
linear nautical miles of a public mooring field or a
designated anchoring area must pull anchor and
move from its location using the vessel’s
propulsion system and be re-anchored in a new
location.
Must move at least once every 90 days.
61
Monroe County Anchoring Limitation Area

Does not apply to:
◦ Vessels on approved and permitted moorings (i.e., moored,
not anchored).
◦ Vessels declared a domicile under § 222.17 until at least
100 new moorings are available for public use within one
mile of the Key West Bight City Dock.
62
Monroe County Anchoring Limitation Area


The new location must be no less than one-half linear
nautical mile from the vessel’s starting location or in a
different designated anchoring area.
A vessel may not be re-anchored:
◦ Within one-half linear nautical mile from the vessel’s starting
location for at least 90 days; or
◦ In its originating designated anchoring area for at least 90 days
after anchoring within a new designated anchoring area
63
Monroe County Anchoring Limitation Area


FWCC must promulgate rules establishing
designated anchoring areas throughout Monroe
County.
Must consult with Monroe County and the Florida
Keys National Marine Sanctuary.
64
Monroe County Anchoring Limitation Area
The rules must:



Specify a maximum vessel draft for each area;
Be only where water depth is sufficient for vessels whose
drafts are less than the area’s specified maximum to
navigate in and out without grounding or stranding;
Not be located over coral reefs or other sensitive fish or
wildlife habitat;
65
Monroe County Anchoring Limitation Area
The rules must:


Not be located in an area with hazardous currents or
tides or containing navigational hazards; and
Not be located within federal navigational channels or
setbacks established by the Army Corps of Engineers or
in areas where anchoring is prohibited.
66
Monroe County Marine Sanitation

Applies to vessels in Monroe County equipped with USCG compliant
MSDs (except for marine composting toilets) that:
◦ Has enclosed living spaces or rooms; and is used as a dwelling or living space
overnight at any time, notwithstanding whether or not the vessel is also used
for navigation; or
◦ Is moored in a public mooring field.

Must maintain for one year a record of:
◦ The date of each pumpout of the marine sanitation device and
◦ The location of the pumpout station or waste reception facility.

The record must indicate that the vessel was pumped out within the
last 30 days.
67
Potential Preemption Issues

What about vessels with only Type I and II MSDs?
◦ They are flow-through treatment devices.
◦ They do not get pumped out.
◦ They cannot be used in a “no discharge” zone.

In Monroe County, there are only three no discharge zones:
◦ Destin Harbor
◦ The City of Key West waters
◦ State waters within the Florida Keys National Marine Sanctuary.

It is unclear what these vessel must do or what records they must
keep (if any) in the rest of the county.
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


Allows the operation of human-powered vessels in the ICW
channel when participating in interscholastic,
intercollegiate, intramural, or club athletic teams or sports
affiliated with an educational institution.
Adds being tied to an unlawful or unpermitted structure or
mooring to the list of conditions which make a vessel at
risk of becoming derelict
Amends the authority of local governments to create vessel
exclusion areas for public beaches or swim areas to
prohibit creating such areas within 100 feet of any portion
of the ICW marked channel.
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
Derelict and Public Nuisance Vessels
◦ Adds public nuisance vessels to the definition of abandoned
property
◦ Specifies when law enforcement may destroy or dispose of
specified vessels
◦ Specifies that a certificate of title may not be issued for a public
nuisance vessel
◦ Reorganizes FWCC grant program to local governments for the
removal, storage, destruction, and disposal of derelict vessels.
◦ Places liability for costs of vessel removal, storage, destruction,
and disposition on the owner or responsible party after notice is
given.
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
Repeals section 376.15
◦ Removes the duplicate prohibition of derelict vessels.
◦ The penalty provision in section 376.16 ($50,000 per day)
will no longer apply to derelict vessel violations.
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Rule Challenges

68D-21.001 — DOAH Case No.: 21-1662

68D-24.017 — DOAH Case No.: 21-1661
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Rule Challenge to 68D-21.001



Held Partially Invalid (definition of “launching or landing
facility”)
The statutory authority reads: “any boat ramp, hoist, marine
railway, or other launching or landing facility.”
The proposed rule included in the definition of “launching or
landing facility”:
◦ “[A]ny improvement built or installed upon land that facilitates the
transitioning of a vessel from land to the water or from water to land.
◦ [A]n unimproved vessel launching or landing area if such area is located
within a state, county or municipal park, and the park includes both
permanently installed public restrooms and public parking, and the
unimproved vessel launching or landing area is identified and designated
for such use by the park.
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Rule Challenge to 68D-21.001

The FWCC proposed rule would have included almost
anything, including a staircase, a patch of sand, or a
rubber mat:
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Rule Challenge to 68D-21.001

Citing the canon of ejusdem generis, the ALJ held:
◦ “The common element of the three statutorily listed facilities is
that they are constructed for the specific purpose of functioning as
a boat launching and landing facility, that they involve a degree of
construction or installation, and that they are fixed and
permanent.”
◦ “[P]edestrian stairs, stabilizing timbers, wheelchair and public
access matting, and unimproved patches of sand are not facilities
similar to or of the same class as boat ramps, hoists, or marine
railways.”
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Rule Challenge to 68D-24.017


Held Invalid (Jupiter Narrows Boating Restricted
Area).
FWC relied on criteria (vessel traffic congestion)
that it had not adopted by rule and could not show
that rulemaking was not feasible because it
adopted the same criteria by rule for reviewing local
government applications for boating ordinance
approval.
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New Environmental Rules Affecting Vessel Operation



68D-24.0035 — Protection Zones for Springs, Final Rule eff.
2/7/2022
68D-24.0041— Dutchman Key Private Submerged Lands
Seagrass Protection Boating Restricted Areas (the first of such
areas), Final Rule eff. 4/22/2022
Notice of Rule Development, 68D-15, Vessels at Risk of
Becoming Derelict
◦ 68D-15.003 — “Vessel Turn In Program”
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Captain Alan S. Richard
Office/Mobile: (850) 556-9955
Home: (850) 893-9655
Email: alan.s.richard@gmail.com
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