Title 388 · Chapter 388 - BOATS AND WATERWAYS

Chapter 388 - BOATS AND WATERWAYS

Section: 388

Sec. 387.105. - Penalties. TITLE XI - EQUAL OPPORTUNITY Chapter 388 - BOATS AND WATERWAYS

PART 1. - FINDINGS AND LEGISLATIVE INTENT; DEFINITIONS; ADMINISTRATION AND ENFORCEMENT[1]

Footnotes: --- (1) ---

Editor's note— Ord. 2025-432-E, § 1, amended the Code by, in effect, repealing former Pt. 1, §§ 388.101—388.106, and adding a new Pt. 1. Former Pt. 1 pertained to watercraft regulations, and derived from Ord. 2020-589-E, § 5.

Sec. 388.101. - Findings and legislative intent.

(a)

Pursuant to F.S. § 327.60(3), (2019), the Florida Legislature has expressly authorized local governments to enact regulations that prohibit or restrict the mooring or anchoring of floating structures, live-aboard vessels, or commercial vessels(excluding commercial fishing vessels, as defined in F.S. § 327.02), within the local government's jurisdiction.

(b)

Insecure and improper mooring or anchoring of vessels on the waters of the county, particularly with no anchor watch, increases the danger of grounding and breaking loose of vessels and thereby endangers navigation, life and property; insecurely and improperly moored vessels have broken loose in the past and damaged bridges, structures, infrastructure and other valuable property.

(c)

Vessels on the waters of the county that remain anchored or moored in the same location for over ten days out of a 30-day period not under the supervision and control of a person capable of operating, maintaining, or moving it from one location to another, demonstrates that the vessel is no longer engaged in the exercise of navigation, and such vessels are known to be contributors to abandoned and derelict vessels and conflicts with the Public Trust Doctrine, which holds and protects sovereign submerged lands and the water column above it for the benefit and use of the public.

(d)

Unattended vessels that remain on the waters of the county, whether at-risk or derelict, through deterioration cause physical damage to the surrounding ecosystems through the proliferation of marine debris, or the threat of discharge of sewage, oil and/or hazardous substances into the marine environment, and cause damage to infrastructure, including collisions with docks, bridges, and power lines, and contribute to the obstruction and loss of use of the waterways, public docks and boat ramps and pose a risk to public safety and the environment. Prohibiting vessels from becoming unauthorized stored vessels on the waters of the county bears a rational relation to the legitimate government interest of protecting public safety on the waterways, promoting maritime tourism, protecting county infrastructure, preventing obstructions to navigation and protecting sovereign submerged lands and the water column above it for the benefit and use of the public.

(e)

Lost vessels and abandoned vessels present a threat to public health, safety and welfare, such as potential hazards to safe navigation and commercial or recreational use of county waters, sources of pollution of county waters, sources of degradation of the aesthetic value of county waters and shoreline, and hazards to waterfront property and public safety during severe weather.

(f)

The Floating Structures that have been observed in Duval County pose a significant threat to the environment, human health, and navigational safety as an obstruction to navigation through deterioration, physical damage to the surrounding ecosystems, through the proliferation of marine debris, or the threat of discharge of sewage, oil and/or hazardous substances into the marine environment, including materials left on the Floating Structure if abandoned, and the potential use of the structure as an illegal dumping site for oil and other hazardous substances.

(g)

The potential damage that a Floating Structure could cause the persons or property is significant because they are not regulated as vessels and thus are not required to meet even basic structural capability or to provide basic safety equipment for either their inhabitants or other mariners, such as lighting equipment that would warn other mariners using the waters of the county that an obstacle was present in the marine environment.

(h)

Floating Structures are not required by the State to register with the Florida Department of Highway Safety and Motor Vehicles, so ownership and liability for the damage that they may cause becomes a hindrance to enforcement.

(i)

Derelict vessels and vessels at risk of becoming derelict that have been observed in Duval County pose a significant threat to the environment, safe navigation, and commercial and recreational use of City waters and are sources of degradation of the aesthetic value of City waters and shoreline. Derelict vessels that remain on the waters of the county can become difficult and expensive to remove.

(j)

Pursuant to F.S. § 823.11, as amended from time to time, the City Council has the authority to provide by ordinance for the removal and disposition, including destruction, of derelict vessels, to promote the public safety, health, and welfare of the residents, and tourists and guests visiting or vacationing in Jacksonville, by reducing or eliminating the threats posed by derelict vessels.

(k)

Pursuant to F.S. Ch. 253, the Board of Trustees of the Internal Improvement Trust Fund is vested and charged with, among other things, the administration, management, control, supervision, conservation and protection of all lands owned by the State by right of its sovereignty, including sovereign submerged lands.

(l)

Enabled by F.S. Ch. 253, the Florida Department of Environmental Protection ("FDEP") has promulgated Rule 18-21.004, Florida Administrative Code (2019), which outlines the general proprietary powers of the FDEP and instructs that the activities on sovereignty lands be, with very few exceptions as outlined in the statute, limited to water dependent activities, and that residential structures be prohibited on sovereignty lands.

(m)

The provisions of this Chapter are not intended and should not be construed as in any way superseding or attempting to conflict with applicable statutes, ordinances, rules or regulations of the federal government or of the State of Florida but are intended to supplement any such enactments or provisions. Pursuant to F.S. § 327.60(2)(h) (2023), if any provision described in this Chapter is deemed inconsistent with any Florida Statute, the provisions of the Florida Statute shall prevail.

(n)

It is the legislative intent of the City Council in enacting this Chapter to provide additional or supplemental means of obtaining compliance with the requirements stated herein. Nothing contained in this Chapter shall be deemed to prohibit the City from seeking enforcement by any other means provided by law, including, but not limited to, filing an action for declaratory and injunctive relief in a court of competent jurisdiction.

(o)

The Council in enacting this Chapter is acting as the governing body of Duval County, Florida. The area of enforcement of the provisions of this Chapter shall be on the waters of the county, as defined in this Part, throughout and within the boundaries of Duval County, Florida. The municipalities of Atlantic Beach, Neptune Beach, and Jacksonville Beach within Duval County are also authorized to administer and enforce the provisions of this Chapter either individually, or in partnership with the City or each other, or both.

(Ord. 2025-432-E, § 1)

Sec. 388.102. - Definitions.

For the purpose of this Chapter, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein.

Aground, or grounded, means a vessel which is, intentionally or unintentionally, resting on the bottom of a body of water or on the shore (within the mean high tide mark). As used in this Chapter aground includes sunk.

Anchoring means the temporary attachment of a vessel or floating structure to the bottom of a body of water or to the shore or coast by means of an anchor or similar retrievable ground tackle.

Barge means as defined in F.S. § 327.02, a vessel that does not have living quarters, is not propelled by its own power, and is designed to be pushed or pulled by another vessel.

Boating accident means a collision, accident, or casualty involving a vessel in or upon, or entering into or exiting from, the water, including capsizing, collision with another vessel or object, sinking, personal injury, death, disappearance of a person from on board under circumstances that indicate the possibility of death or injury, or property damage to any vessel or bulkhead, floating dock, fixed dock, pier or piling.

Code enforcement officer means any designated or authorized employee or agent of the City whose duty is to enforce or assure compliance with ordinances enacted by the City.

Commercial fishing vessel means as defined in F.S. § 327.02, a vessel primarily engaged in the taking or landing of saltwater fish or saltwater products or freshwater fish or freshwater products, or a vessel licensed pursuant to F.S. § 379.361, from which commercial quantities of saltwater products are harvested, from within and without the of the for sale to the consumer or to a retail or wholesale dealer.

Effective means of propulsion for safe navigation means a vessel, other than a barge that meets the requirements of Rule 68D-15.002, F.A.C. (Effective Means of Propulsion for Save Navigation), that is equipped with one of the following:

(1)

A functioning motor, controls, and steering system; or

(2)

Rigging and sails that are present and in good working order, and a functioning steering system.

Floating Structure means as defined in F.S. § 327.02(14), a floating entity, with or without accommodations built thereon, and 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 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. Incidental movement upon water or resting partially or entirely on the bottom does not, in and of itself, preclude an entity from classification as a floating structure. Pursuant to F.S. § 327.02(14), floating structures are expressly excluded from the definition of the term "vessel". Pursuant to F.S. § 192.001(17), a floating structure is expressly included as a type of tangible personal property.

Gross negligence means conduct so reckless or wanting in care that it constitutes a conscious disregard or indifference to the safety of the property exposed to such conduct. The use of this term shall not be interpreted as a waiver of F.S. § 768.28.

Houseboat means as defined in F.S. § 327.02, a vessel that is used primarily as a residence for at least 21 days during any 30-day period in a county of this state if such residential use of the vessel is to the preclusion of its use as a means of transportation.

Law enforcement officer means as defined in F.S. § 705.101, any person who is elected, appointed, or employed full time by any sheriff, any municipality, or the State or any political subdivision thereof; who is vested with the authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of the State.

Live-aboard vessel means as defined in F.S. § 327.02, as amended from time to time:

(1)

A vessel used solely as a residence not for navigation;

(2)

A vessel for which a declaration of domicile has been file pursuant to F.S. § 222.17 (Homestead and Exemptions: Manifesting and evidencing domicile in Florida); or

(3)

A vessel used as a residence that does not have an effective means of propulsion for safe navigation.

A commercial fishing vessel is expressly excluded from the term "live-aboard vessel."

Marina means as defined in F.S. § 327.02, a licensed commercial facility that provides secured public moorings or dry storage for vessels on a leased basis.

Marine sanitation device means as defined in F.S. § 327.02, equipment, other than a toilet, for installation on board a vessel which is designed to receive, retain, treat, or discharge sewage, and any process to treat such sewage. Marine sanitation device Types I, II, and III shall be defined as provided in 33 C.F.R. part 159.

Marker means a channel mark or other aid to navigation, an information or regulatory mark, an isolated danger mark, a safe water mark, a special mark, an inland waters obstruction mark, or mooring buoy in, on, or over the Waters of the county or the shores thereof, and includes, but is not limited to, a sign, beacon, buoy, or light.

Mooring or to moor means to fasten, attach or secure a vessel or floating structure to a fixed object such as a pier, quay, or to an object fixed to the bottom of the waters of the county, such as a mooring buoy.

Mooring field means a designated water area managed by a municipality or non-governmental entity where five or more recreational vessels are moored, established by local ordinance, codifying a management plan that regulates activity within the mooring field.

Operate means to be in charge of, in command of, or in actual physical control of a vessel on the waters of the county, to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway on the waters of the county, or to control or steer a vessel being towed by another vessel on the waters of the county.

Owner means a person, other than a lienholder, having the property in or title to a watercraft. The term includes a person entitled to the use or possession of a watercraft subject to an interest in another person which is reserved or created by agreement and securing payment of performance of an obligation. The term does not include a lessee under a lease not intended as security.

Person means an individual, partnership, firm, corporation, association, or other entity.

Reasonable effort to ascertain the name and address of the owner and any lien holder, as the term applies to vessels subject to registration requirements of F.S. Ch. 328, means, at minimum, a query to the Department of Highway Safety and Motor Vehicles or the appropriate agency in the state of registration, if known, to determine the name and address of the owner, as provided in F.S. § 328.48, and the name and address of any person who has filed a lien on the vessel as provided in F.S. § 319.27(2) or (3), or F.S. § 328.15.

Registration means as defined in F.S. § 327.02, as amended from time to time, a State operating license on a vessel which is issued with an identifying number, an annual certificate of registration, and a decal designating the year for which a registration fee is paid.

Safe navigation means as defined in Rule 68D-15.002, F.A.C. (Effective Means of Propulsion for Save Navigation), the ability of a vessel operator to make headway, properly steering the vessel on a predetermined course without substantial risk of injury or damage to other persons, vessels, or property solely from the vessel's operation.

Vessel is synonymous with "boat" as referenced in Section 1(b) Art. VII of the State Constitution and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

Waters of the county means all portions of those waters, up to and including the mean high water mark, located within the limits of Duval County, including, but not limited to, all navigable and non-navigable waterways, canals, lagoons, bayous, bays, rivers, lakes, streams, springs, impoundments, and all other bodies of water, including fresh, brackish, saline, tidal surfaces or underground, and including surface waters created by the removal of soil from uplands, but excluding any area preempted by law.

Willful misconduct means conduct evidencing carelessness or negligence of such a degree or recurrence as to manifest culpability, wrongful intent, or evil design or to show an intentional and substantial disregard of the interests of the vessel owner.

(Ord. 2025-432-E, § 1)

Sec. 388.103. - Administration and enforcement.

(a)

Violations of this Chapter may be prosecuted as provided in F.S. § 125.69 and may be punishable upon conviction by a fine not to exceed $500 or by imprisonment not to exceed 60 days or by both such fine and imprisonment. Each violation of this Part shall constitute a separate offense. Nothing contained in this Chapter shall be deemed to prohibit the City of Jacksonville from seeking enforcement by any other means provided by law.

(b)

Except as otherwise stated within this Chapter, the Parks, Recreation & Community Services Department shall have responsibility for the administration of this Chapter for the City of Jacksonville and will cooperate with the second, third, and fourth urban services districts (the Beaches communities) in the administration of this Chapter.

(c)

The Director of the Parks, Recreation & Community Services Department, or designee, shall be responsible for the development of a tracking system to record complaints, notifications, citations, removals, and a general record of the enforcement of this Chapter.

(d)

The Director of the Parks, Recreation & Community Services Department, or designee, shall make annual reports to the Waterways Commission, in the month of June, regarding the enforcement of floating structures, derelict vessels, vessels at risk of becoming derelict, lost vessels, abandoned vessels, and At-risk/Public Nuisance Vessels, as defined in this Chapter.

(e)

Except as otherwise stated within this Chapter, members of all duly authorized law enforcement agencies within Duval County and its municipalities, as well as Code Enforcement Officers authorized pursuant to Section 23.803 of the Jacksonville Environmental Quality Division, as described in Section 23.801, Ordinance Code, and the Jacksonville Municipal Code Compliance Division, as described in Section 34.301, Ordinance Code, share enforcement duties as provided in this Chapter.

(f)

Except as otherwise stated within this Chapter, the Municipal Code Compliance Division shall be responsible for enforcement of the City's laws concerning nuisance abatement, floating structures, derelict vessels, vessels at risk of becoming derelict, and similar subject matters subject of this Chapter.

(g)

Except as otherwise stated within this Chapter, the Environmental Quality Division within the Office of Administrative Services shall be responsible for the enforcement of the City's laws concerning floating structures, derelict vessels, vessels at risk of becoming derelict, and other hazards to the environment, water quality, and related public health concerns within the waters of the county and similar subject matters subject of this Chapter.

(h)

The City may request legal representation from the Office of General Counsel, to commence and maintain the necessary action in the appropriate court to assist in the enforcement of this Chapter.

(i)

A law enforcement agency, law enforcement officer, or code enforcement officer, acting under this Chapter to relocate, remove, impound, store, destroy or dispose of, or cause to be relocated, removed, impounded, stored, destroy or dispose of, a vessel or floating structure from Waters of the county shall be held harmless for all damages to the vessel or floating structure resulting from such relocation, removal, impoundment, storage, or disposal, unless the damage results from gross negligence or willful misconduct.

(j)

Nothing in this Chapter shall be interpreted as a waiver of F.S. § 768.28.

(k)

A contractor performing activities at the direction of a law enforcement agency, law enforcement officer, or code enforcement officer, acting under this Chapter, must: be licensed in accordance with applicable United States Coast Guard regulations where required; obtain and carry in full force and effect a policy from a licensed insurance carrier in this state to insure against any accident, loss, injury, property damage, or other casualty caused by or resulting from the contractor's actions; and be properly equipped to perform the services to be provided.

(l)

All costs incurred by the City to abate a violation of this Chapter includes costs owed to a third party, and may include costs to relocate, remove, store, destroy or dispose of a vessel or floating structure pursuant to this Chapter; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation which may include, but is not limited to, the release of a pollutant or contaminant as described in Sections 360.408(4) and (5), Ordinance Code; and may include costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of this Chapter. Costs are recoverable against the owner, operator, or other person legally responsible for the vessel or floating structure that is the subject of an enforcement action. Reimbursement for the removal, storage, destruction or disposal of vessels or floating structures resulting from the enforcement of this Chapter shall be provided to the entity that initially paid for those services. The Office of General Counsel shall represent the City in actions to recover such costs. The recovery of costs may include, but is not limited to, a special assessment lien against the subject vessel or floating structure. Such lien may be recorded in the public records of Duval County. Such lien shall accrue interest at the maximum legal rate allowed by law from the date of the City's invoice until the costs and administrative fee are paid. The Office of General Counsel is hereby authorized to file such instruments as are necessary to establish and enforce any lien for such costs. The City may foreclose on such lien pursuant to Section 91.112, Ordinance Code. Such lien shall have equal dignity with a tax lien.

(Ord. 2025-432-E, § 1)

Sec. 388.104. - Nonexclusivity of remedy.

The remedies referenced in this Chapter are cumulative with other available remedies pursuant to state law or municipal law, including, but not limited to, arrest and prosecution pursuant to criminal statutes, civil remedies, and fines, and are not exclusive. The City's access to the courts of the state is neither precluded nor prohibited by the enactment of this Chapter.

(Ord. 2025-432-E, § 1)

Sec. 388.105. - Anonymous complaints.

As provided in F.S. § 162.21(8), a code enforcement officer may not initiate an investigation of a potential violation of this Chapter by way of an anonymous complaint. A person who reports a potential violation of this Chapter must provide his or her name and address to the respective local government before an investigation may occur. This paragraph does not apply if the code enforcement officer has reason to believe that the violation presents an imminent threat to public health, safety, or welfare or imminent destruction of habitat or sensitive resources.

(Ord. 2025-432-E, § 1)

Sec. 388.106. - Interfering with enforcement.

(a)

Notwithstanding Chapter 609, Ordinance Code, whoever opposes, obstructs, or resists any law enforcement officer or any person authorized by the law enforcement officer in the discharge of her or his duties as provided in this Chapter, upon conviction is guilty of a class D offense, as defined in Section 632.101. This Section does not prohibit prosecution under the Florida Statutes.

(b)

Notwithstanding Chapter 609, Ordinance Code, whoever interferes with, prevents or hinders any code enforcement officer in the performance of any duty required by this Chapter, upon conviction is guilty of a is guilty of a class D offense, as defined in Section 632.101.

(c)

Notwithstanding Chapter 609, Ordinance Code, whoever mutilates, obstructs, defaces, removes or otherwise tampers with an official notice required by this Chapter to be posted upon a vessel or floating structure, unless authorized to do so by a law enforcement officer, upon conviction is guilty of a is guilty of a class C offense, as defined in Section 632.101.

(Ord. 2025-432-E, § 1)

PART 2. - FLOATING STRUCTURES[2]

Footnotes: --- (2) ---

Editor's note— Ord. 2025-432-E, §§ 2 and 3, amended the Code by repealing former Pt. 2, §§ 388.201—388.204, and adding a new Pt. 2. Former Pt. 2 pertained to enforcement authority, and derived from Ord. 2020-589-E, § 5.

Sec. 388.201. - Prohibitions; Exceptions.

(a)

Except in case of emergency, a person may not anchor, moor, or ground, or allow to be anchored, moored, or aground, a floating structure on the waters of the county.

(b)

Except in case of emergency, a person may not anchor, moor, or ground, or allow to be anchored, moored, or aground, a floating structure on the waters of the county in a manner which unreasonably or unnecessarily constitutes a navigational hazard, hinders access to a public right-of-way or to public utilities, or creates an imminent danger to public safety or to the environment.

(c)

It is unlawful for any person who finds any lost or abandoned floating structure anchored, moored, or aground, on the waters of the county to appropriate the same to his or her own use or to refuse to deliver the same when required by law. Any person who unlawfully appropriates a lost or abandoned floating structure to his or her own use, or refuses to deliver such property when required, commits theft, as defined in F.S. § 812.014, punishable as provided by law. As used in this subsection, the terms, abandoned floating structure and lost floating structure, are defined in Section 388.206(e), Ordinance Code.

(d)

Commercial or governmental floating structures that are designed for, and in use by, a licensed marine contractor for water-dependent construction or shoreside vessel operation are exempt from the prohibition on floating structures under subsection (a). However, inactivity of such a floating structure anchored or moored on the waters of the county outside of a commercial marina or a sovereign submerged land lease for a period greater than ten days within a 30-day period, within an eight nautical mile radius, will be considered to be not in use by a licensed marine contractor.(e) Floating structures on the waters of the county owned or operated by the City of Jacksonville to which watercraft are permitted to be moored, such as within the definition of dock, in Section 28.701, Ordinance Code, are exempt from the prohibition on floating structures under this Part.

(Ord. 2025-432-E, § 3)

Sec. 388.202. - Investigations; Inspections; Emergency Right of Entry.

(a)

A code enforcement officer or law enforcement officer has the authority to conduct investigations of a floating structure, when such floating structure is anchored, moored, or aground, on the waters of the county. The term officer as used in this Part refers to either or both, a code enforcement officer or a law enforcement officer.

(b)

Reporting lost or abandoned floating structures. Whenever any person finds any lost or abandoned floating structure, such person may report the description and location of the floating structure to the Director of the Parks, Recreation & Community Services Department, or designee, or to a law enforcement officer who shall deliver a copy of the report to the Director of the Parks, Recreation & Community Services Department, or designee. The person taking the report shall ascertain whether the person reporting the floating structure wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the City a reasonable sum sufficient to cover the cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the lost floating structure.

(c)

An officer investigating a floating structure pursuant to this Part shall make a reasonable inquiry to ascertain the name and address of the owner and any lien holder.

(d)

Except as provided below, an officer may not board or make an inspection of a floating structure in the enforcement of this Part, unless:

(1)

Consent for the inspection is received from the owner, operator, or person in charge; or

(2)

The appropriate warrant, as provided in F.S. Ch. 933, is obtained.

(e)

In the event of an emergency or extreme hazard which may involve the loss of life or severe property damage, or to otherwise assure the maintenance of public health and safety, including the floating structure posing or reasonably likely to become a navigational hazard, and under circumstances which preclude reference to a court or magistrate for a warrant, a law enforcement officer may enter upon a floating structure without warrant for the limited purpose of such emergency action as the circumstances may require to avert the emergency. This provision shall not authorize action which could, consistent with the public interest, be deferred pending the obtaining of a warrant.

(f)

This Section does not prohibit the lawful right of entry or inspection of a floating structure pursuant to any other provision of law or rule.

(Ord. 2025-432-E, § 3)

Sec. 388.203. - Notice of Violation; Form and service of notice.

(a)

Whenever a code enforcement officer or law enforcement officer has reasonable cause to believe that a floating structure exists on the waters of the county in violation of this Part, the officer shall cause notice of violation to be served upon the owner, operator, or other person legally responsible for the floating structure. The officer may also provide a copy of the notice of violation to the owner of any non-public land adjacent to which such a floating structure is anchored, moored or aground.

(b)

Notice of violation shall be in writing, shall specify the violation alleged with reference to the relevant ordinance, and shall direct that the floating structure be removed from the waters of the county within a reasonable time, not less than five days otherwise a citation may be issued to the owner, operator, or other person legally responsible for the floating structure. Notice shall include that a person who has been issued a citation may request a hearing in the County Court to challenge a citation issued. Notice shall include a conspicuous statement in substantially the following form:

IF THE OWNER OR OPERATOR HAS NOT REMOVED THIS FLOATING STRUCTURE FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 21 DAYS OF THE DATE OF THIS NOTICE THIS FLOATING STRUCTURE WILL BE REMOVED AND DISPOSED OF AS LOST OR ABANDONED PROPERTY PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR SECTION 388.206, ORDINANCE CODE.

The notice shall also inform that in addition to fines and penalties, the owner, operator, or other person legally responsible for the floating structure may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a floating structure; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 2, Ordinance Code.

(c)

Service of notice of violation required by this Part shall be provided as follows:

(1)

If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, notice shall be provided by:

Certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the floating structure is owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If notice sent by certified mail is not signed as received within 14 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph (2);

Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer;

Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the notice at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or,

In the case of commercial premises, leaving the notice with the manager or other person in charge.

(2)

If the owner, operator, or other person legally responsible for the floating structure is not known or cannot be ascertained upon reasonable inquiry such notice shall be posted in the following two locations for a period of 21 days:

Conspicuously posted to the floating structure; and

Posted at the primary municipal government office.

If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, in addition to providing notice or attempting notice as set forth in subsection (1), notice may be served by posting as described in this subsection.

(3)

In addition to providing notice as set forth in subsection (1) or (2), notice may be served by publication, if published in print in a newspaper or on a publicly accessible website, as provided in F.S. § 50.0311, for three consecutive weeks. If published in print, the notice shall be published once during each week for three consecutive weeks (three publications being sufficient) in a newspaper in the County, such newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements.

(d)

Failure in notification to the owner of any non-public land adjacent to which a floating structure is anchored, moored or aground is not grounds to invalidate otherwise lawful service upon the owner, operator, or other person legally responsible for the floating structure.

(e)

A copy of the notice of violation shall be sent to the lien holder, if any, by certified mail, return receipt requested, on the same day as posting, mailing or publishing, or as soon as practicable thereafter. Failure in notice to the lien holder, if any, does not invalidate an otherwise validly issued citation.

(f)

Notice by posting or publishing may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (c).

(g)

Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (c)(1), together with proof of posting as provided in subsection (c)(2), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice.

(h)

Proof of posting or publishing shall be by affidavit of the person posting or publishing the notice, which affidavit shall include a copy of the notice, posted or published, and the dates and locations of posting or publishing.

(i)

Notice of violation posted to a floating structure shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. There is reasonable cause to believe that this floating structure, to wit: (describe the floating structure) is in violation of Section 388.201, Ordinance Code, and is unlawfully on the waters of the county, to wit: (setting forth brief description of location). THIS FLOATING STRUCTURE MUST BE REMOVED FROM THE WATERS OF THE COUNTY WITHIN 5 DAYS OF THE POSTING OF THIS NOTICE OTHERWISE A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County court to challenge the citation. IF THE OWNER OR OPERATOR HAS NOT REMOVED THIS FLOATING STRUCTURE FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 21 DAYS OF THE DATE OF THIS NOTICE THIS FLOATING STRUCTURE WILL BE REMOVED AND DISPOSED OF AS LOST OR ABANDONED PROPERTY, PURSUANT TO CHAPTER 705, FLORIDA STATUTES OR SECTION 388.206, ORDINANCE CODE. The owner, operator or other person legally responsible for the floating structure being unlawfully on the waters of the county may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of the floating structure; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 2, Ordinance Code.

Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of officer).

(Ord. 2025-432-E, § 3)

Sec. 388.204. - Citations; Form and service of citation.

(a)

Whenever an officer has reasonable cause to believe that a floating structure exists on the waters of the county in violation of this Part, after notification of violation and after the time period for the opportunity for the violator to correct the violation, if required in Section 388.203, such officer has the authority to issue a citation consistent with this Part.

(b)

If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, service of a citation shall be effectuated upon such person by:

(1)

Certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the floating structure is owned by a corporation, citations may be provided by certified mail to the registered agent of the corporation. If any citation sent by certified mail is not signed as received within 15 days after the postmarked date of mailing, the citation may be posted in a weatherproof covering in a conspicuous location upon the floating structure;

(2)

Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer;

(3)

Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the citation at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the citation; or,

(4)

In the case of commercial premises, leaving the citation with the manager or other person in charge.

(c)

A citation issued under this Part shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person to whom the citation is issued.

(3)

The date and time the infraction was committed.

(4)

G.P.S. coordinates and a general description of the location of the violation.

(5)

The facts constituting reasonable cause to believe the violation has been committed.

(6)

The number or Section of the Ordinance Code which has been violated.

(7)

The name and authority of the officer issuing the citation.

(8)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation, which may include a reference to the Jacksonville.gov webpage that contains such information.

(9)

The applicable civil penalty if the person elects to contest the citation, and the applicable civil penalty if the person elects not to contest the citation.

(10)

A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he or she shall be deemed to have waived the right to contest the citation and that, in such case, judgement may be entered against the person for an amount up to the maximum civil penalty.

(11)

A conspicuous statement that in addition to any penalties under law, the City may recover from the owner, operator or other responsible person for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of the floating structure; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 2, Ordinance Code.

(d)

Within five days after issuing a citation, the issuing officer shall deposit the original and one copy of the citation with the County Court and shall transmit a copy of the citation to the Director of the Parks, Recreation & Community Services Department, or designee.

(e)

The County Court in and for the Fourth Judicial Circuit is the Court of competent jurisdiction for citations issued pursuant to this Part.

(Ord. 2025-432-E, § 3)

Sec. 388.205. - Penalties.

(a)

Notwithstanding Chapter 609, Ordinance Code, any person who causes or knowingly allows a floating structure to be anchored, moored, or grounded, on the waters of the county, in violation of Section 388.201(a), shall be guilty of a violation of this Part as a Class C offense, as described in Section 609.109, Ordinance Code. The penalty for a second violation within three years shall be twice the amount of the first offender fine. The penalty for a third or subsequent violation within five years shall be three times the amount of the first offender fine. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation.

(b)

Notwithstanding Chapter 609, Ordinance Code, any person who causes or knowingly allows a floating structure to be anchored, moored, or grounded, on the waters of the county which results in damage to the property of another, or causes or knowingly allows a floating structure to be anchored, moored, or grounded, on the waters of the county in violation of Section 388.201(b), or willfully abandons a floating structure on the waters of the county, shall be guilty of a violation of this Part as a Class D offense, as described in Section 609.109, Ordinance Code. The penalty for a subsequent violation within five years shall be punishable as a misdemeanor by a fine of up to $500 per violation and a definite term of imprisonment of not more than 60 days, as provided in F.S. § 125.69. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation.

(c)

The penalties under this Section are in addition to other penalties provided by law.

(d)

As used in this subsection, all costs incurred by the City to abate the violation means as described in Section 388.103(l), Ordinance Code. The City shall have the right to utilize any available method under the law to recover such costs. Recovered costs for abatement of a violation of this Part shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787, Ordinance Code.

(e)

Each day during any portion of which a violation of this Part occurs shall constitute a separate offense.

(Ord. 2025-432-E, § 3)

Sec. 388.206. - Relocation, removal, and other disposition of floating structures.

(a)

When a law enforcement officer determines that a floating structure constitutes an immediate hazard to navigation, the environment, or to public health, safety, and welfare, the officer may immediately remove or relocate, but not destroy, the floating structure. As soon as practicable thereafter, notice of violation shall be provided as described in Section 388.203, and notice shall include the location where the floating structure is being held and the reason for removal or relocation, and how to reclaim the vessel, including that the owner or other interested party with legal standing on the disposition of the floating structure must make a claim to the floating structure within 21 days of notice of removal or relocation and must pay the costs for removal, relocation and storage, within 30 days of the attempt to reclaim the floating structure. The owner, operator, or other person legally responsible for the floating structure is liable to the City for all costs incurred by the City to abate the violation, as described in Section 388.103(l). Relocation or removal under this subsection does not prevent the issuance of a citation under this Part.

(b)

If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, and either,

(1)

The owner, operator, or other person legally responsible for the floating structure has disavowed responsibility for the floating structure and no other owner or other interested party with legal standing on the disposition of the floating structure is known; or

(2)

After service of the notice of violation has been attempted as provided in Section 388.203, and the term of days to correct the violation has lapsed under Section 388.203, and the term of days to contest an issued citation has lapsed, and no person has come forward in response to the notice or citation;

the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e).

(c)

If the owner, operator, or other person legally responsible for the floating structure is not known or cannot be ascertained upon reasonable inquiry, and notice of violation has been attempted as provided in Section 388.203, and the term of days to correct the violation has lapsed under Section 388.203, and no person has come forward to take responsibility for the floating structure, the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e).

(d)

If, at the end of 21 days after service of the notice of violation as provided in Section 388.203, and the term of days to correct the violation has lapsed under Section 388.203, and the term of days to contest an issued citation has lapsed, the owner, operator, or other person legally responsible for the floating structure has not removed the floating structure from the waters of the county or shown reasonable cause for failure to do so, the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e).

(e)

An Abandoned Floating Structure or Lost Floating Structure is tangible personal property, pursuant to F.S. § 192.001(17). As the used in this Part, an Abandoned Floating Structure or a Lost Floating Structure, is "abandoned property" and "lost property," respectively, as defined in F.S. § 705.101. An Abandoned Floating Structure or a Lost Floating Structure may be removed or relocated by a law enforcement officer, and,

(1)

As to an Abandoned Floating Structure, the City may retain the property for its own use or for use, trade the property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or dispose of the property.

(2)

As to a Lost Floating Structure, the City shall take custody and the agency shall retain custody of the property for 90 days, and shall publish notice of the intended disposition of the property during the first 45 days of this time period, as provided:

If the City elects to retain the property for use by the unit of government, donate the property to a charitable organization, surrender such property to the finder, sell the property, or trade the property to another unit of local government or state agency, notice of such election shall be given by an advertisement published once a week for two consecutive weeks in a newspaper of general circulation in the County where the property was found if the value of the property is more than $100. If the value of the property is $100 or less, notice shall be given by posting a description of the property at the law enforcement agency where the property was turned in. The notice must be posted for not less than two consecutive weeks in a public place designated by the law enforcement agency. The notice must describe the property in a manner reasonably adequate to permit the rightful owner of the property to claim it.

If the City elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale published once a week for two consecutive weeks in a newspaper of general circulation in the County where the sale is to be held. The notice shall include a statement that the sale shall be subject to any and all liens. The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The advertisement must include a description of the goods and the time and place of the sale. The sale may take place no earlier than ten days after the final publication. Notice of the intended disposition shall describe the property in a manner reasonably adequate to permit the rightful owner of the property to identify it.

(f)

If a Lost Floating Structure is sold at public sale pursuant to subsection (e)(2)b, the City shall deduct from the proceeds the costs of transportation, storage, and publication of notice, including all costs incurred by the City to abate the violation, as described in Section 388.103(l), and any balance of proceeds shall be deposited into an interest-bearing account not later than 30 days after the date of the sale and held there for 1 year. The City shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within 1 year from the date of the above stated deposit by making application to the agency. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787.

(g)

The owner, operator, or other person legally responsible for the floating structure, who, after notice of violation as provided in Section 388.203, does not remove such vessel within the specified period is liable to the City for all costs incurred by the City to abate the violation, as described in Section 388.103(l), less any salvage value obtained by disposal of the floating structure. Upon final disposition of the floating structure, the City shall notify the owner or other interested party with legal standing on the disposition of the floating structure, if known, of the amount owed. Notice shall be effectuated by the methods described for notice of violation in this Part. If the rightful owner does not pay such costs within 30 days of making claim to the property, the property shall vest with the City and the City may recover the costs as provided in Section 388.103(l).

(h)

Employees of any state, county, or municipal agency shall be deemed agents of such governmental entity, and a Lost or Abandoned Floating Structure found by them during the course of their official duties shall be turned in to the proper person or department designated to receive such property by the governmental entity. Such property shall be subject to the provisions of this Part, or F.S. Ch. 705, after which, if unclaimed by the rightful owner, the title to such property shall be vested in the state, county, or municipality and not in the employee.

(Ord. 2025-432-E, § 3)

PART 3. - DERELICT VESSELS; AT-RISK/PUBLIC NUISANCE VESSELS; VESSELS INTERFERING WITH NAVIGATION[3]

Footnotes: --- (3) ---

Editor's note— Ord. 2025-432-E, §§ 4 and 5, amended the Code by repealing former Pt. 3, §§ 388.301—388.304, and adding a new Pt. 3. Former Pt. 3 pertained to violations, penalties and enforcement, and derived from Ord. 2020-589-E, § 5.

Sec. 388.301. - Definitions.

As used in this Part,

(a)

Derelict vessel means a vessel that is:

(1)

In a wrecked, junked, or substantially dismantled condition on waters of this county.

A vessel is wrecked if it is sunken or sinking; aground without the ability to extricate itself absent mechanical assistance; or remaining after a marine casualty, including but not limited to, a boating accident, extreme weather, or a fire.

A vessel is junked if it has been substantially stripped of vessel components, if vessel components have substantially degraded or been destroyed, or if the vessel has been discarded by the owner, operator, or other person legally responsible for the vessel. Attaching an outboard motor to a vessel that is otherwise junked will not cause the vessel to no longer be junked if such motor is not an effective means of propulsion for safe navigation, as the term is defined in Section 388.102.

A vessel is substantially dismantled if at least two of three following vessel systems or components are missing, compromised, incomplete, inoperable, or broken:

The steering system;

The propulsion system; or

The exterior hull integrity.

Attaching an outboard motor to a vessel that is otherwise substantially dismantled will not cause the vessel to no longer be substantially dismantled if such motor is not an effective means of propulsion for safe navigation, as the term is defined in Section 388.102.

(2)

At any City-owned or leased bulkhead, floating dock, fixed dock or pier, without the consent of the Director, the Parks, Recreation & Community Services Department, or designee. For the purpose of this subsection, without the consent of the Director means in violation of Park Rules or in violation of any provision of law.

(3)

Anchored, moored or aground upon the property of another without the consent of the owner of the property.

(b)

Vessel at risk of becoming derelict means, as defined in F.S. § 327.4107, a vessel on the Waters of the county with any one of the following conditions:

(1)

The vessel is taking on or has taken on water without an effective means to dewater.

(2)

Spaces on the vessel which are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time.

(3)

The vessel has broken loose or is in danger of breaking loose from its anchor or mooring.

(4)

The vessel is listing due to water intrusion.

(5)

The vessel does not have an effective means of propulsion, and the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for repair. If the owner or operator is present on the vessel, a law enforcement officer may require a test of the vessel's effective means of propulsion for safe navigation, to be conducted immediately. If the owner or operator is not present on the vessel, the owner or operator must, in the presence of law enforcement, conduct the test for effective means of propulsion for safe navigation within 48 hours after the vessel owner, operator, or other person legally responsible for the vessel receives notice from a law enforcement officer. A law enforcement officer investigating a vessel regarding the factor "effective means of propulsion for safe navigation," is required to follow the evaluation procedures promulgated as Rule 68D-15.002, F.A.C. (Effective Means of Propulsion for Save Navigation) by the Florida Fish and Wildlife Conservation Commission.

(6)

The vessel is tied to an unlawful or unpermitted structure or mooring.

The term vessel at risk of becoming derelict does not include a vessel that is moored to a private dock or wet slip with the consent of the owner for the purpose of receiving repairs.

(c)

At-risk/Public Nuisance Vessel means a vessel that is on the Waters of the county and has been the subject of three or more citations issued pursuant to the same paragraph of F.S. § 327.4107(2), within a 24-month period which result in dispositions other than acquittal or dismissal, as described in F.S. § 327.73(1)(aa). For purposes of this paragraph, failure to appear at a hearing or failure to pay the civil penalty constitutes a disposition other than acquittal or dismissal unless such failure to appear or such nonpayment is excused or set aside by the court for good cause shown.

(Ord. 2025-432-E, § 5)

Sec. 388.302. - Findings.

(a)

Derelict Vessels on the waters of the county endanger public health, safety and welfare, and are public nuisances.

(b)

Vessels at risk of becoming derelict, being in neglected or deteriorating condition on the waters of the county, are subject to enforcement necessary to protect public health, safety and welfare.

(c)

At-risk/Public Nuisance Vessels on the waters of the county endanger public health, safety and welfare, and are public nuisances.

(Ord. 2025-432-E, § 5)

Sec. 388.303. - Derelict Vessels, Vessels At-Risk of Becoming Derelict, and At-Risk/Public Nuisance Vessels Prohibited.

(a)

No person shall cause or allow a derelict vessel to be anchored, moored, or grounded, on the waters of the county, or to be grounded upon the property of another.

(b)

No person shall cause or allow a vessel that is at risk of becoming derelict to be anchored, moored, or grounded, on the waters of the county, or be grounded upon the property of another.

(c)

No person shall cause or allow an At-risk/Public Nuisance Vessel to be anchored, moored, or grounded, on the waters of the county, or to be grounded upon the property of another.

(d)

Paragraphs (a) and (b), do not apply to a vessel that becomes derelict or a vessel at risk of becoming derelict on the waters of the county solely as a result of a boating accident that is reported to law enforcement in accordance with F.S. § 327.301, or otherwise reported to law enforcement; a hurricane; or another sudden event outside of his or her control if:

(1)

The person documents for law enforcement the specific event that led to the vessel to become derelict or to become at risk of becoming derelict on the waters of the county; and

(2)

The vessel has been removed from the waters of the county or has been repaired or addressed such that it is no longer derelict or at risk of becoming derelict on the waters of the county.

For a vessel that has been derelict or at risk of becoming derelict as a result of a boating accident or other sudden event outside his or her control, within seven days after such accident or event; or

Within 45 days after the hurricane has passed over the state.

(e)

The additional time provided in subparagraph (d) for an owner, operator, or other person legally responsible for the vessel to remove a derelict vessel or vessel at risk of becoming derelict from the waters of the county or to repair and remedy the vessel's derelict condition does not apply to a vessel that was derelict or at risk of becoming derelict on the waters of the county before the stated accident or event.

(Ord. 2025-432-E, § 5)

Sec. 388.304. - Vessels Interfering with navigation.

In addition to the provisions of Section 28.723 ("Boating"), and the limitations on docking as described in Chapter 615 ("Docking"),

(a)

On the waters of the county, except in case of emergency, a person may not anchor, moor or ground, or allow to be anchored, moored, or aground, a vessel in a manner which unreasonably or unnecessarily constitutes a navigational hazard or interference with another vessel, that hinders access to a public right-of-way or to public utilities, or creates an imminent danger to public safety or to the environment.

(b)

Anchoring, mooring or grounding a vessel under bridges or in or adjacent to heavily traveled channels constitutes a navigational hazard or interference with another vessel if unreasonable under the prevailing circumstances. The term under bridges includes bridge approaches, bridge fenders or piles driven or placed for the protection of bridges or their approaches or in the area between the bank or shore owned by a public authority and the bridge fender system.

(c)

Anchoring or mooring a vessel to any marker or other aid to navigation constitutes a navigational hazard.

(d)

On the waters of the county, except in case of emergency, a person may not anchor or moor, or allow to be anchored or moored, a vessel to a floating structure. Vessels in use by a licensed marine contractor, or agent thereof, for water-dependent construction or shoreside vessel operation that are anchored or moored to a commercial or governmental floating structure that is in use by the licensed marine contractor, or agent thereof, for water-dependent construction or shoreside vessel operation are exempt from this subsection. Floating structures owned or operated by the City of Jacksonville to which watercraft are permitted to be moored, such as within the definition of dock, in Section 28.701, are exempt from the prohibition on anchoring or mooring to floating structures under this Part.

(e)

A mechanical failure that poses an unreasonable risk of harm to the vessel or the persons onboard such vessel may constitute an emergency. The owner, operator, or other person legally responsible for such vessel may anchor, moor or be aground, on the waters of the county, for five business days or until the vessel is repaired, whichever occurs first, unless the vessel unreasonably or unnecessarily constitutes a navigational hazard or interferes with another vessel. Imminent or existing weather conditions in the vicinity of the vessel that pose an unreasonable risk of harm to the vessel or to the persons onboard such vessel may constitute an emergency. However, during a hurricane or tropical storm, weather conditions are deemed to no longer pose an unreasonable risk of harm when the hurricane or tropical storm warning affecting the area has expired.

(Ord. 2025-432-E, § 5)

Sec. 388.305. - Relocation or removal of vessels.

A law enforcement officer is authorized and empowered to relocate, remove, or cause to be relocated or removed, any vessel anchored, moored, or grounded, on the waters of the county that the officer has reasonable cause to believe is in violation of Section 388.304, or is a Derelict Vessel, or is an At-Risk/Public Nuisance Vessel. The law enforcement officer shall make a reasonable effort to ascertain the name and address of the owner and any lien holder, as described in Section 388.102. Such a vessel may be relocated or removed as follows:

(a)

Without prior notice. Where a law enforcement officer determines that a vessel constitutes an immediate hazard to navigation, the environment, or to public health, safety, and welfare, a law enforcement officer may immediately remove or relocate, but not destroy, the vessel pursuant to F.S. §§ 327.44, 327.70, and 823.11. As soon as practicable thereafter, notice of violation shall be provided as described in Section 388.306, Ordinance Code. The owner, operator, or other person legally responsible for the vessel is liable to the City for all costs of removal, relocation and storage. Relocation or removal under this subsection does not prevent the issuance of a citation under this Part.

(b)

With prior notice. Except where a vessel constitutes an immediate hazard to navigation, the environment, or to public health, safety, and welfare, a law enforcement officer shall serve notice of violation as described in Section 388.306.

(Ord. 2025-432-E, § 5)

Sec. 388.306. - Notice of violation; Form and service of notice.

(a)

Notice of violation shall be in writing and shall specify the violation alleged, with reference to the relevant ordinance.

(1)

If the vessel has been removed or relocated pursuant to Section 388.305(a), notice shall include the location where the vessel is being held, the reason for removal or relocation, and how to reclaim the vessel, including that the owner or other interested party with legal standing on the disposition of the vessel must make a claim to the vessel within 21 days of notice of removal or relocation and must pay the costs for removal, relocation and storage, within 30 days of the attempt to reclaim the vessel. If the vessel has not been removed or relocated, notice shall direct that the vessel be removed from the waters of the county within a reasonable time, not less than 21 days, otherwise a citation may be issued.

(2)

Notice shall advise that the owner, operator, or other person legally responsible for the vessel may be subject of a citation for violation of this Part and that a person issued such citation may request a hearing in the County Court to challenge a citation. The notice shall inform the owner, operator or other person legally responsible for the vessel, that in addition to any penalties under law, the City may recover from the owner, operator or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of this Part.

(3)

As to a Derelict Vessel or At-risk/Public Nuisance Vessel, in addition to subsections (1) and (2), the notice shall also include that the owner or other interested party with legal standing on the disposition of the vessel has 30 days to request an administrative hearing regarding the determination that the vessel is a Derelict Vessel or an At-risk/Public Nuisance Vessel in accordance with Section 388.310, and that failure to request such hearing shall be deemed a waiver of the right to such administrative hearing.

(4)

As to a vessel that is at risk of becoming derelict, as described in Section 388.303(b), in addition to subsections (1) and (2), the notice shall also include a description of the specific issue with the vessel that denotes it is at risk of becoming derelict, as described in Section 388.301, and that the condition must be corrected or the vessel removed from the waters of the county within ten days or a citation may be issued and that a person issued such citation may request a hearing in the County court to challenge a citation. Subsection (b) notwithstanding, if the at-risk condition is or includes that the vessel does not have an effective means of propulsion for safe navigation, prior to a citation being issued a notice of the lack of effective means of propulsion must be made from an officer to the owner or operator of the vessel notifying the owner or operator that the vessel owner or operator has 48 hours to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for vessel repair. The notice of the effective means of propulsion shall inform that the evaluation procedures promulgated as Rule 68D-15.002, F.A.C. (Effective Means of Propulsion for Save Navigation) by the Florida Fish and Wildlife Conservation Commission shall be the measure employed to verify if the vessel has an effective means of propulsion.

(b)

Notice required by this Part shall be provided as follows:

(1)

If the vessel has not been removed or relocated pursuant to Section 388.305(a), notice shall be posted upon the vessel for at least 21 days in substantially the following form:

For a vessel in violation of Section 388.304, but not a Derelict Vessel or At-risk/Public Nuisance Vessel:

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This vessel, to wit: (make, model, registration numbers, if available, HIN, if available) is anchored, moored or grounded [choose: short description of nature of violation: in a manner which unreasonably or unnecessarily constitutes a navigational hazard or interference with another vessel, that hinders access to a public right-of-way or to public utilities, or creates an imminent danger to public safety or to the environment; under a bridge, bridge approaches, bridge fenders, or piles driven or placed for the protection of bridges or their approaches or in the area between the bank or shore owned by a public authority and the bridge fender system; to a marker or other aid to navigation; to a floating structure] in violation of Sec 388.304, Ordinance Code, and is unlawfully on the waters of the county (setting forth brief description of location). THIS VESSEL MUST BE REMOVED FROM THE WATERS OF THE COUNTY WITHIN 5 DAYS OF THE POSTING OF THIS NOTICE OTHERWISE A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County court to challenge the citation.

IF THE OWNER OR OTHER PERSON LEGALLY RESPONSIBLE FOR THIS VESSEL HAS NOT REMOVED THIS VESSEL FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 21 DAYS OF THE DATE OF THIS NOTICE THIS VESSEL WILL BE REMOVED AND DISPOSED OF AS LOST OR ABANDONED PROPERTY, PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR SECTION 388.506, ORDINANCE CODE. The City may recover from the owner or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 3, Ordinance Code.

Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the law enforcement officer).

For a Derelict Vessel or At-Risk/Public Nuisance Vessel,

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This vessel, to wit: (make, model, registration numbers, if available, HIN, if available) has been determined to be [choose: a Derelict Vessel OR an At-risk/Public Nuisance Vessel] as described in Chapter 388, Part 3, Ordinance Code, and is unlawfully on the waters of this county (setting forth brief description of location), in violation of Section 388.303, Ordinance Code. THIS VESSEL MUST BE REMOVED WITHIN 21 DAYS OTHERWISE IT WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR PURSUANT TO SECTION 388.311, ORDINANCE CODE, AND A CITATION MAY BE ISSUED. The owner or other party with legal standing on the disposition of the vessel has 30 days to request an administrative hearing to challenge the determination that this vessel is [choose: a Derelict Vessel or an At-risk/Public Nuisance Vessel] or otherwise in violation of the law, as described in Section 388.310, Ordinance Code. Contact (contact information for person who can arrange for a hearing in accordance with this Section). A person to whom a citation is issued may request a hearing in the County Court to challenge the citation. The City may recover from the owner or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 3, Ordinance Code.

Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the law enforcement officer).

For a vessel at risk of becoming derelict,

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This vessel, to wit: (make, model, registration numbers, if available, HIN, if available) has been determined to be at risk of becoming derelict as described in Chapter 388, Part 3, Ordinance Code, and is unlawfully on the waters of this county (setting forth brief description of location) in violation of Section 388.303, Ordinance Code. Specifically, this vessel is deemed at risk of becoming derelict due to the following condition(s): [include any that apply:

The vessel is taking on or has taken on water without an effective means to dewater; Spaces on the vessel which are designed to be enclosed are incapable of being sealed off or remain open to the elements for extended periods of time; The vessel has broken loose or is in danger of breaking loose from its anchor or mooring; The vessel is listing due to water intrusion; That on (date, at least 48 hours prior) notice by (method of notice described in subsection (a)(4)) this vessel does not have an effective means of propulsion for safe navigation within 48 hours after the vessel owner or operator received notice of the specific condition; The vessel is tied to an unlawful or unpermitted structure or mooring.] THE CONDITION MUST BE CORRECTED WITHIN 10 DAYS OR A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County Court to challenge the citation.

Further, IF THE CONDITION IS NOT CORRECTED OR IF THE VESSEL IS NOT REMOVED FROM THE WATERS OF THE COUNTY WITHIN 30 DAYS THIS VESSEL WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR PURSUANT TO SECTION 388.311, ORDINANCE CODE. The City may recover from the owner or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 3, Ordinance Code.

Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the law enforcement officer).

Notice posted on the vessel shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(2)

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, notice shall also be provided to such person on the date of posting to the vessel as described in subsection (1), or as soon thereafter as is practical, as follows:

Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If notice sent by certified mail is not signed as received within 30 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph 3;

Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer;

In the case of commercial premises, leaving the notice with the manager or other person in charge.

(3)

If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort such notice shall also be posted in the following two locations for a period of at least 30 days:

Posted at the primary municipal government office in the jurisdiction of the location of the vessel; and,

By publication in print in a newspaper or on a publicly accessible website, as provided in F.S. § 50.0311, for three consecutive weeks. If published in print, the notice shall be published once during each week for three consecutive weeks (three publications being sufficient) in a newspaper in the county, such newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements.

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, in addition to providing notice or attempting notice as set forth in subsection (2), notice may be served by posting as described in this subsection.

(4)

A copy of the notice shall be sent to the lien holder, if any, by certified mail, return receipt requested, on the same day as posting, mailing or publishing, or as soon as practicable thereafter. Failure in notice to the lien holder, if any, does not invalidate an otherwise validly issued citation.

(c)

(d)

Evidence of posting as provided in subsection (1), together with proof of posting and publishing as provided in subsection (3), and if the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, proof that an attempt has been made to hand deliver or mail notice as provided in subsection (2), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice.

(Ord. 2025-432-E, § 5)

Sec. 388.307. - Citations; Form and service of citation.

(a)

Whenever a law enforcement officer has reasonable cause to believe that a vessel exists on the waters of the county in violation of this Part, after notification of violation and after the time period for the opportunity for the violator to correct the violation, if required, such officer has the authority to issue a citation consistent with this Part.

(b)

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, service of a citation shall be effectuated upon such person by:

(1)

Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, citations may be provided by certified mail to the registered agent of the corporation. If any citation sent by certified mail is not signed as received within 15 days after the postmarked date of mailing, the citation may be posted in a weatherproof covering in a conspicuous location upon the vessel;

(2)

Hand delivery by the sheriff or other law enforcement officer;

(3)

(4)

In the case of commercial premises, leaving the citation with the manager or other person in charge.

(c)

A citation issued under this Part shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person to whom the citation is issued.

(3)

The date and time the infraction was committed.

(4)

G.P.S. coordinates and a general description of the location of the violation.

(5)

The facts constituting reasonable cause to believe the violation has been committed.

(6)

The number or Section of the Ordinance Code which has been violated.

(7)

The name and authority of the officer issuing the citation.

(8)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation, which may include a reference to the Jacksonville.gov webpage that contains such information.

(9)

The applicable civil penalty if the person elects to contest the citation, and the applicable civil penalty if the person elects not to contest the citation.

(10)

(11)

A conspicuous statement that in addition to any penalties under law, the City may recover from the owner, operator, or other person legally responsible for the vessel, for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of this Part.

(e)

(f)

The County Court in and for the Fourth Judicial Circuit is the Court of competent jurisdiction for citations issued pursuant to this Part.

(Ord. 2025-432-E, § 5)

Sec. 388.308. - Penalties and Remedies.

(a)

Notwithstanding Chapter 609, any person owning, operating or having control of a vessel, in violation of 388.304, other than a Derelict Vessel or an At-risk/Public Nuisance Vessel, in violation of this Part shall be guilty of a violation of this Part as a Class C offense, as described in Section 609.109. The penalty for a second violation within three years shall be twice the amount of the first offender fine. The penalty for a third or subsequent violation within five years shall be three times the amount of the first offender fine. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103(l).

(b)

Notwithstanding Chapter 609, any person owning, operating or having control of a Derelict Vessel in violation of this Part shall be guilty of a violation of this Part as a Class D offense, as described in Section 609.109. The penalty for a subsequent violation within five years shall be twice the amount of the first offender fine. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103(l).

(c)

Notwithstanding Chapter 609, any person owning, operating or having control of an At-risk/Public Nuisance Vessel in violation of this Part shall be guilty of a violation of this Part for which the civil penalty is:

(1)

For a first offense, $100.

(2)

For a second offense occurring 30 days or more after a first offense but within three years, $250.

(3)

For a third or subsequent offense occurring 30 days or more after a previous offense but within five years, $500.

The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103(l).

(d)

Notwithstanding Chapter 609, any person owning, operating or having control of a vessel in violation of this Part which results in damage to the property of another shall be guilty of a violation of this Part as a Class E offense, as described in Section 609.109. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103(l).

(e)

Adjudication of guilt shall not be withheld for any violation of this Part.

(f)

Each day during any portion of which a violation of this Part occurs shall constitute a separate offense.

(g)

As used in this subsection, all costs incurred by the City to abate the violation means as described in Section 388.103(l). The City shall have the right to utilize any available method under the law to recover such costs. Recovered costs for abatement of a violation of this Part shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787.

(Ord. 2025-432-E, § 5)

Sec. 388.309. - Bar on vessel and vehicle registration privileges as penalty for failure to pay costs.

In addition to any penalty for violation of this Part, pursuant to F.S. § 705.103(4), a law enforcement officer or representative of the law enforcement agency or other governmental entity shall supply the Department of Highway Safety and Motor Vehicles with the name of any person who, after having been provided written notice via certified mail that such costs are owed, has neglected or refused to pay all costs of removal, storage, destruction, or disposal of a derelict vessel, and the person shall not be entitled to be issued a certificate of registration for such derelict vessel, or any other vessel, or motor vehicle, until such costs have been paid.

(Ord. 2025-432-E, § 5)

Sec. 388.310. - Administrative hearings on declarations regarding Derelict Vessels, At-Risk/Public Nuisance Vessels, and Anchoring Limitation/Public Nuisance Vessels.

The procedure for hearings requested by adversely affected vessel owners who have received notice from City of a "Notice of Intent" to remove and dispose a vessel declared to be a Derelict Vessel, under Section 388.306, an At-risk/Public Nuisance Vessel, under Section 388.306, or an Anchoring Limitation/Public Nuisance Vessel, under Section 388.412, shall be as follows,

(a)

The Jacksonville Environmental Protection Board (the "Board") shall have jurisdiction to hold hearings and issue orders, including Final Orders, regarding the removal and disposal of Derelict Vessels, At-risk/Public Nuisance Vessels, and Anchoring Limitation/Public Nuisance Vessels.

(b)

Any hearing pursuant to this Section shall be conducted in accordance with the processes set forth in F.S. § 120.569, except that pursuant to F.S. § 705.103(2)(a)2, the Manager of the Office of Administrative Services with due regard to the expertise required for the particular matter shall name a Code Enforcement Officer to serve as the presiding officer to hear and make findings of fact and law, and to produce a recommended order to the Board. The Board shall promulgate rules of procedure, including but not limited to rules on the review of requests for hearing, notice of hearing, procedure of hearing, application of rules of evidence, proposed findings of facts and orders, procedure to file exceptions to a presiding officer's recommended order, procedure for requesting Board review, content of the record, and procedure for request for judicial review.

(c)

At every hearing under this Section, the case for the City shall be presented by one or more assistant(s) general counsel. A presenting assistant general counsel shall not concurrently serve as counsel to the Board. If a presenting assistant general counsel prevails in a case before the Board, the City shall be entitled to recover all costs incurred in prosecuting the case and such costs may be included in a lien authorized under F.S. § 162.09(3).

(d)

Upon service of Notice of Intent, a vessel owner or other interested party with legal standing on the disposition of the vessel who wishes to be heard on a Notice of Intent shall file a Notice of Request for Hearing with the Manager of the Office of Administrative Services and the Office of General Counsel within 30 days of service of the notice of intent. Each request for hearing shall be in writing and shall be filed by electronic mail to the Manager of the Office of Administrative Services and to the General Counsel. A request for hearing must include a clear articulation of legal standing as to the disposition of the vessel. A person making the request is the "Respondent."

(e)

In any proceeding held under this subsection, the definitions of terms defined in Chapter 388, Ordinance Code, apply.

(f)

Final Orders by the Board pursuant to this Section shall be considered final agency action. A party who is adversely affected by a Final Order of the Board, including the local governing body, is entitled to request judicial review in the Circuit Court of the Fourth Judicial Court in and for Duval County.

(Ord. 2025-432-E, § 5)

Sec. 388.311. - Disposal of Vessels.

(a)

As to a vessel other than a Derelict Vessel or an At-Risk/Public Nuisance Vessel:

(1)

If, after the term of days required for posting, publishing, or mailing notice, as required by Section 388.306, the owner, operator, or other person legally responsible for the vessel has not caused the vessel to be removed within the term of days specified in the notice or shown reasonable cause for failure to do so, or if a vessel has been removed by law enforcement pursuant to Section 388.305(a) and no person makes a claim to the vessel within 21 days of notice of removal or relocation, or if a rightful owner makes a claim to the vessel within 21 days but fails to pay costs of removal, relocation and storage within 30 days of the attempt to reclaim, and if a citation has been issued the term of days to contest a citation has lapsed, or,

(2)

If the owner, operator, or other person legally responsible for the vessel has disavowed responsibility for the vessel and no other owner, operator, or other person legally responsible for the vessel, or lien holder, can be ascertained by reasonable effort,

the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506, of this Chapter. The term of days specified in the notice posted, mailed or published, as required under Section 388.306(b) of this Part may run concurrently to the required term of days for notice required under Part 5 of this Chapter.

(b)

As to a Derelict Vessel or an At-risk/Public Nuisance Vessel:

(1)

If, after the term of days required for posting, publishing, or mailing notice, if required, the owner, operator, or other person legally responsible for the vessel has not caused the vessel to be removed within the term of days specified in the notice or shown reasonable cause for failure to do so, or if a vessel has been removed by law enforcement pursuant to Section 388.305(a) and no person makes a claim to the vessel within 21 days of notice of removal or relocation, or if a rightful owner makes a claim to the vessel within 21 days but fails to pay costs of removal, relocation and storage within 30 days of the attempt to reclaim, and the rightful owner has not timely requested an administrative hearing on the determination of the vessel as either a Derelict Vessel or an At-risk/Public Nuisance Vessel, and if a citation has been issued the term of days to contest a citation has lapsed; or

(2)

(3)

If, following a hearing pursuant to F.S. § 705.103(2)(a)2., a judge, magistrate, administrative law judge, or hearing officer, or in the instance of an administrative proceeding described in Section 388.310, Ordinance Code, a code enforcement officer named as the presiding officer or the Environmental Protection Board, has determined the vessel to be a Derelict Vessel or an At-risk/Public Nuisance Vessel, and a final order has been entered;

The law enforcement agency, or its designee, may:

Remove the vessel from the waters of the county and destroy and dispose of the vessel or authorize another governmental entity or its designee to do so; or

Authorize the use of the vessel as an artificial reef in accordance with F.S. § 379.249 if all necessary federal, state, and local authorizations are received.

(Ord. 2025-432-E, § 5)

PART 4. - ANCHORING LIMITATION AREAS

Sec. 388.401. - Findings and legislative intent.

(a)

Pursuant to F.S. § 327.4108, as amended from time to time, the Florida Legislature has expressly authorized counties meeting certain criteria to enact regulations that establish anchoring limitation areas adjacent to urban areas that have residential docking facilities and significant recreational boating traffic.

(b)

The Council finds that the City of Jacksonville, acting under its authority as a chartered county government pursuant to Section 1.101 of the City Charter and Section 4.102, Ordinance Code, meets the criteria established in F.S. § 327.4108, to create anchoring limitation areas within its jurisdiction.

(c)

The purpose of this Part is to implement the provisions of F.S. § 327.4108, by creating anchoring limitation areas ("Anchoring Limitation Areas"), as more fully described below, which will promote the public access to the waters of the county and state; enhance navigational safety; protect maritime infrastructure; protect the marine environment, deter improperly stored, abandoned, or derelict vessels, and provide a civil enforcement mechanism with regard to Anchoring Limitation Areas.

(d)

Should F.S. § 327.4108 be amended, the statute will immediately take precedence over this Part.

(Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Sec. 388.402. - Definitions.

As used in this Part,

Navigable-in-fact waterways means, as defined in F.S. § 327.4108, waterways that are navigable in their natural or unimproved condition over which useful commerce or public recreation of a substantial and permanent character is or may be conducted in the customary mode of trade and travel on water. The term does not include lakes or streams that are theoretically navigable; have a potential for navigability; or are temporary, precarious, and unprofitable, but the term does include lakes or streams that have practical usefulness to the public as highways for transportation.

Unattended vessel, for the purpose of this Part, means a vessel that is not under the supervision and control of a person capable of operating, maintaining, or moving the vessel from one location to another. A vessel is attended for a day if a person is on board the vessel for four continuous hours in a 24-hour period. Any vessel left unattended for more than ten days out of a 30-day period in an Anchoring Limitation Area demonstrates that the vessel is no longer engaged in navigation and may be deemed an unauthorized stored vessel.

(Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Sec. 388.403. - Criteria for Anchoring Limitation Areas.

The following criteria required by F.S. § 327.4108, as amended from time to time, are as follows:

(a)

The aggregate total of Anchoring Limitation Areas within Duval County may not exceed ten percent of the County's delineated navigable-in-fact waterways.

(b)

Each Anchoring Limitation Area established herein must meet all of the following requirements:

(1)

Be less than 100 acres in size. For purposes of this subsection, the calculated size of the anchoring limitation area does not include any portion of the marked channel of the Florida Intracoastal Waterway contiguous to the anchoring limitation area;

(2)

Not include any mooring field or marina; and

(3)

Be clearly marked with the following:

Signs that provide reasonable notice to boaters identifying the duration of time beyond which anchoring is limited and identifying Ch. 388, Part 4, Ordinance Code, as the ordinance that created the Anchoring Limitation Area.

Buoys may, if required, also be installed and maintained to mark the boundary of the anchoring limitations areas.

(c)

The design and the proposed location of the signs, as either posts or buoys, shall be managed by the Parks, Recreation and Community Services Department. The Parks, Recreation and Community Services Department shall coordinate the permitting of the signs and buoys with Florida Fish and Wildlife Conservation Commission ("FWC"), pursuant to F.S. §§ 327.4108, 327.40, and FWC Rules.

(Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Sec. 388.404. - Anchoring Limitation Areas Defined.

The following areas are designated as Anchoring Limitation Areas:

(a)

Ortega River Anchoring Limitation Area # 1

(b)

Ortega River Anchoring Limitation Area # 2

(c)

Ortega River Anchoring Limitation Area # 3

(d)

Ortega River Anchoring Limitation Area # 4

Renderings of the boundaries of these Anchoring Limitation Areas can also be found at www.coj.net.

(Ord. 2022-61-E, § 3)

Sec. 388.405. - Anchoring Restricted in Anchoring Limitation Areas.

(a)

A person may not anchor a vessel for more than 45 consecutive days in any six-month period in an Anchoring Limitation Area established in this Part without leaving all Anchoring Limitation Areas on the waters of the county for at least 24 hours, and eight nautical miles away, except as provided in Section 388.406, below. If a person moves a vessel from an Anchoring Limitation Area on or before the forty-fourth day, that vessel shall not relocate to another Anchoring Limitation Area within a radius of eight nautical miles within six months from the date the vessel was moved from an Anchoring Limitation Area.

(b)

A vessel anchored for one or more nights within an Anchoring Limitation Area, as described in this Part, shall display a current vessel registration decal on the port side of the vessel and shall exhibit an all-around white light where it can best be seen, pursuant to United States Coast Guard Navigation Rules (2023), as amended from time to time. A vessel anchored for more than one night within an Anchoring Limitation Area without a functional, visible all-around white light as described in the USCG Navigation Rules creates an imminent danger to public safety and may constitute a navigational hazard if unreasonable under the prevailing circumstances and may be subject to relocation or removal as a violation of Section 388.304(a).

(c)

An unattended vessel, as defined in this Part, anchored or moored for more than ten days out of a 30-day period in an Anchoring Limitation Area may be investigated by a law enforcement officer as an unauthorized stored vessel and may be subject to Part 5 of this Chapter.

(d)

Notwithstanding subsection (a), a person may anchor a vessel in an anchoring limitation area during a time that would otherwise be unlawful:

(1)

If the vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor for three business days or until the vessel is repaired, whichever occurs first.

(2)

If imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk of harm to the vessel or the persons onboard unless the vessel anchors. The vessel may anchor until weather conditions no longer pose such risk. During a hurricane or tropical storm, weather conditions are deemed to no longer pose an unreasonable risk of harm when the hurricane or tropical storm warning affecting the area has expired.

(Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Sec. 388.406. - Vessels not restricted in Anchoring Limitation Areas.

The anchoring restrictions of this Part do not apply to:

(a)

Vessels owned or operated by a governmental entity for law enforcement, firefighting, military or rescue purposes.

(b)

Construction or dredging vessels on an active job site.

(c)

Commercial fishing vessels actively engaged in commercial fishing.

(d)

Vessels anchored or moored within the riparian rights of the owner of the vessel, and only at a maximum distance from the shore of the riparian owner that provides the depth required for the safe anchoring/mooring of such vessel, considering the swing of the vessel at mean low tide. Riparian rights means those rights incident to the lands bordering upon navigable waters, as recognized by the courts of Florida and in common law.

(e)

Vessels engaged in recreational fishing if the persons onboard are actively tending hook and line fishing gear or nets.

(Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Sec. 388.407. - Enforcement Procedures.

(a)

A law enforcement officer who has reason to believe that a vessel exists on the waters of the county in violation of this Part has the authority to investigate consistent with this Part.

(b)

A law enforcement officer investigating a violation of this Part shall make a reasonable effort to ascertain the name and address of the owner and any lien holder.

(c)

Prior to issuing a citation, the law enforcement officer shall provide the owner, operator, or other person legally responsible for the subject vessel notice of the violation, as described in Section 388.408, and an opportunity to demonstrate proof that the vessel has not exceeded the limitations on anchoring. Proof that the vessel has not exceeded the limitations on anchoring may include any of the following:

(1)

Documentation showing that the vessel was in another location at least eight nautical miles away, and for at least 24 hours, within a period of less than 45 days before the inquiry; or

(2)

Electronic evidence, including, but not limited to, navigational devices or tracking devices permanently affixed to the vessel that show the vessel was in another location at least eight nautical miles away, for at least 24 hours, within a period of less than 45 days before the inquiry.

(d)

After the period for notice of violation as described in Section 388.408(a), if the owner, operator, or other person legally responsible for the vessel fails or refuses to correct the violation or timely provide proof that the vessel has not exceeded the limitations on anchoring, the law enforcement officer who has reasonable cause to believe that the vessel is in violation of this Part may issue a citation as described in Section 388.409.

(Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Sec. 388.408. - Notice of violation, form, method of service.

(a)

A notice of violation shall be in writing and shall identify the vessel in violation [to include: the registration number of the vessel (if known); Hull identification number; the general description of the vessel including, make, model, color and length; and the name of the vessel (if known)]; the Section of the Code violated; the date(s) of the violation; and the location of the violation (to include: a general physical description and the identity of the Anchoring Limitation Area). The notice shall include a conspicuous statement that if the vessel is not removed within ten days, a citation may be issued. The notice shall provide the name and contact information of an officer to whom proof of non-violation of violation of anchoring limitation term limits may be presented and a statement informing that the owner, operator, or other person legally responsible for the vessel have ten days to provide proof that the vessel has not exceeded the limitations on anchoring, as described in Section 388.407(c), otherwise a citation may be issued. The notice shall inform that a person to whom a citation is issued may request a hearing in the County Court to challenge an issued citation. The notice shall inform that the owner or the party legally responsible for the vessel being unlawfully anchored in an anchoring limitation area may be liable for and all costs incurred by the City to abate the violation, as described in Section 388.103(l), if the vessel is not removed by the owner, operator, or other interested party.

(b)

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, notice shall be provided by:

(1)

(2)

Hand delivery by the sheriff or other law enforcement officer;

(3)

(4)

In the case of commercial premises, leaving the notice with the manager or other person in charge.

(c)

If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort, notice shall be posted in the following two locations for a period of 30 days:

(1)

conspicuously posted to the vessel in substantially the form described in Section 388.409; and

(2)

posted at the primary municipal government office.

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, in addition to providing notice as set forth in subsection (b), notice may be served by posting as described in this subsection.

(d)

In addition to providing notice as set forth in subsection (b) or (c), notice may be served by publication, if published in print in a newspaper or on a publicly accessible website, as provided in F.S. § 50.0311, for four consecutive weeks. If published in print, the notice shall be published once during each week for four consecutive weeks (four publications being sufficient) in a newspaper in the County, such newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements.

(e)

(f)

Notice by posting or publishing may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (b).

(g)

(h)

Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (b), together with proof of posting as provided in subsection (c), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice.

(i)

Notice of violation posted to a vessel shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. There is reasonable cause to believe that this vessel, to wit: (describe the vessel) is in violation of Section 388.405, Ordinance Code, and is unlawfully anchored for more than 45 consecutive days in any 6-month period in an Anchoring Limitation Area established pursuant to Chapter 388, Part 4, Ordinance Code, to wit: (setting forth brief description of location and dates of known anchoring). The owner, operator, or other person legally responsible for the vessel may within ten days of the posting of this Notice present evidence of non-violation of the Anchoring Limitation Area restrictions by contacting the officer listed below to provide information described in Section 388.407, Ordinance Code, otherwise a citation may be issued. A person to whom a citation is issued may request a hearing in the County Court to challenge the citation. The owner or the other party legally responsible for the vessel being unlawfully anchored in an Anchoring Limitation Area may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388, Part 4, Ordinance Code, if the vessel is not removed by the owner, operator, or other person legally responsible for the vessel.

Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of law enforcement officer).

(Ord. 2022-61-E, § 3; Ord. 2025-432-E, § 6)

Sec. 388.409. - Citations; Form and service of citation.

Whenever a law enforcement officer with reasonable cause to believe that a vessel on the waters of the county is in violation of this Part, after notification of violation and after the time period for the opportunity for the violator to correct the violation, if required, and has lapsed, and after an opportunity to demonstrate proof that the vessel has not exceeded the limitations on anchoring has expired (as described in Section 388.407), such officer has the authority to issue a citation consistent with this Part, as follows:

(a)

A citation issued pursuant to this Part shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person to whom the citation is issued;

(3)

The date and time of the violation;

(4)

The number or Section of the Ordinance Code which has been violated;

(5)

A description of the vessel, to include: the registration number of the vessel; the name of the title owner of the vessel (if known); Hull identification number; the general description of the vessel including, make, model, color and length; and the name of the vessel (if known);

(6)

The location of the violation, to include: a general physical description and the identity of the Anchoring Limitation Area;

(7)

Facts constituting reasonable cause to believe the violation has occurred or is occurring.

(8)

The name and agency authority of the Officer issuing the citation;

(9)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation, which may include a reference to the Jacksonville.gov webpage that contains such information.

(10)

The applicable civil penalty if the person elects to contest the citation, and the applicable civil penalty if the person elects not to contest the citation.

(11)

(12)

A conspicuous statement that the vessel owner or operator is directed to remove the vessel from the Anchoring Limitation Area within 12 hours of effective service of the citation. The statement shall include the warning that the vessel may be impounded by law enforcement pursuant to Section 399.411, Ordinance Code, and F.S. § 327.4108(6)(c), if the vessel is not removed from the Anchoring Limitation Area after being served the directive to do so by a law enforcement, or if the vessel is moved it is anchored in violation of Part 4 of Chapter 388 within 12 hours after being issued the citation.

(13)

A conspicuous statement that in addition to any penalties under law, the City may recover from the owner, operator, or other person legally responsible for the vessel, for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of this Part.

(b)

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, service of a citation shall be effectuated upon such person by:

(1)

Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, citations may be provided by certified mail to the registered agent of the corporation. If a citation sent by certified mail is not signed as received within 15 days after the postmarked date of mailing, the citation may be posted in a weatherproof covering in a conspicuous location upon the vessel;

(2)

Hand delivery by the sheriff or other law enforcement officer;

(3)

(4)

In the case of commercial premises, leaving the citation with the manager or other person in charge.

(c)

(d)

Upon the issuance of a citation, or as soon as practicable, law enforcement may post to the vessel a directive to remove the vessel. Such notice shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. There is reasonable cause to believe that this vessel, to wit: (describe the vessel) is in violation of Section 388.405, Ordinance Code, and is unlawfully anchored for more than 45 consecutive days in any 6-month period in an Anchoring Limitation Area established pursuant to Chapter 388, Part 4, Ordinance Code, to wit: (setting forth brief description of location and dates of known anchoring). A citation has been issued. THE OWNER, OPERATOR, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE VESSEL ARE DIRECTED TO REMOVE THE VESSEL FROM THE ANCHORING LIMITATION AREA WITHIN 12 HOURS OF THE POSTING OF THIS NOTICE. If the vessel is not removed from the Anchoring Limitation Area in 12 hours, or if the vessel is otherwise anchored in violation of Chapter 388, Section 4, Ordinance Code, within 24 hours, THE VESSEL MAY BE REMOVED AND IMPOUNDED, pursuant to Section 399.411, Ordinance Code, or Florida Statutes Section 327.4108(6)(c). The owner, operator, or other person legally responsible for the vessel may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388, Part 4, Ordinance Code, if the vessel is not removed by the owner, operator, or other person legally responsible for the vessel.

Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of law enforcement officer).

Proof of posting shall be by affidavit of the person posting the notice, which affidavit shall include a copy of the notice posted and the date and location(s) of its posting.

(Ord. 2025-432-E, § 6)

Editor's note— Ord. 2025-432-E, § 6, amended the Code by, in effect, repealing former § 388.409, and adding new § 388.409. Former § 388.409 pertained to violations, and derived from Ord. 2022-61-E, § 3.

Sec. 388.410. - Penalties and Remedies.

(a)

Notwithstanding Chapter 609, a violation of Anchoring Limitation Areas is punishable as a noncriminal infraction for which the penalty is:

(1)

For a first offense, up to a maximum of $100.

(2)

For a second offense, up to a maximum of $250.

(3)

For a third or subsequent offense, up to a maximum of $500.

(b)

The penalties under this Section are in addition to other penalties provided by law.

(c)

In addition to the civil penalty imposed above, the owner or other person legally responsible for a vessel that is removed and impounded pursuant to Section 388.411, must pay all removal and storage fees before the vessel is released. A vessel removed pursuant to Section 388.411 may not be impounded for longer than 48 hours. Following impoundment, the vessel may be stored as described in Section 388.411.

(d)

All fines relating to this Part shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787, Ordinance Code.

(e)

Each day during any portion of which a violation of this Part occurs shall constitute a separate offense.

(f)

The County Court in and for the Fourth Judicial Circuit is the Court of competent jurisdiction for citations issued pursuant to this Part.

(Ord. 2025-432-E, § 6)

Sec. 388.411. - Impoundment, removal and disposal of vessels.

(a)

After posting the removal directive to the vessel, as described in Section 388.409(d), a law enforcement officer may authorize the removal of a vessel from an Anchoring Limitation Area and impound the vessel for up to 48 hours, or may cause such removal and impoundment, if the vessel owner, operator or other legally responsible party fails to remove the vessel from the Anchoring Limitation Area or shown reasonable cause for failure to do so, or anchors the vessel in violation of this Part within 12 hours after being issued a citation for violation of this Part. If the vessel is impounded pursuant to this subsection, after 48 hours have elapsed since impoundment, if the vessel owner or other interested party with legal standing on the disposition of the vessel has not claimed the vessel at the designated impoundment location, then the law enforcement officer acting under this Part is authorized to place, or have placed, the vessel into a designated storage location, at the expense of the vessel owner, operator, or other responsible party, until the vessel owner, operator, or responsible party has paid all removal, impoundment, penalty and storage fees which have accrued since impoundment and as a result of any penalties. Notice of removal and storage shall be served in the same manner as provided for notice of violation in Section 388.408. The vessel owner or other interested party with legal standing on the disposition of the vessel may reclaim a stored vessel after payment of towing, impoundment and storage fees. If, within 30 days of service of notice of removal and storage pursuant to this subsection, no attempt has been made to claim the vessel, the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506, of this Chapter.

(b)

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, and either:

(1)

The owner, operator, or other person legally responsible for the vessel has disavowed responsibility for the vessel and no other owner, operator, or other person legally responsible for the vessel is known; or

(2)

After service of the notice of violation has been attempted as provided in Section 388.408, and the term of days to correct the violation has lapsed under Section 388.408, no party legally responsible for the vessel has removed the vessel from the waters of the county or shown reasonable cause for failure to do so, and the term of days to contest an issued citation has lapsed, and no person has come forward in response to the notice or citation;

the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506, of this Chapter.

(c)

If the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort, and notice of violation has been provided pursuant to Section 388.408, and the term of days to correct the violation has lapsed under Section 388.408, and no person legally responsible for the vessel has caused the vessel to be removed within the term of days specified in the notice or shown reasonable cause for failure to do so, the vessel may be designated as a Lost or Abandoned Vessel, subject to Section 388.506, of this Chapter.

(d)

If the following language is included in the notice of violation pursuant to Section 388.408, the term of days required under subsection (a), may run concurrent to the required term of days under Part 5 of this Chapter:

IF THE OWNER, OPERATOR, OR OTHER PERSON LEGALLY RESPONSIBLE FOR THE ATTACHED PROPERTY HAS NOT REMOVED THIS VESSEL FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 30 DAYS OF THE DATE OF THIS NOTICE THIS VESSEL WILL BE REMOVED AND DISPOSED OF AS ABANDONED, PURSUANT TO CHAPTER 705, FLORIDA STATUTES OR CHAPTER 388, PART 5, Ordinance Code.

(Ord. 2025-432-E, § 6)

Sec. 388.412. - Anchoring Limitation/Public Nuisance Vessel.

(a)

A vessel that is the subject of four of more violations within 12 months which result in dispositions other than acquittal or dismissal, as described in F.S. § 327.4108, is a vessel habitually in violation of anchoring limitations and shall, by operation of law, be declared an Anchoring Limitation/Public Nuisance Vessel and may be disposed of as provided in this Section, or as provided in F.S. § 705.103.

(b)

A law enforcement officer with reasonable cause to believe a vessel anchored or moored on the waters of the county is an Anchoring Limitation/Public Nuisance Vessel, the officer shall serve upon the owner, operator, or other person legally responsible for the vessel a notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel ("notice of intent"). Notice of intent shall be in writing and shall identify the vessel in violation [to include: the registration number of the vessel (if known); Hull identification number (if known); the general description of the vessel including, make, model, color and length; and the name of the vessel (if known)]; shall refer to Section 388.412, Ordinance Code, and F.S. § 327.4108; shall include the court case number or citation number of four or more previous violations within 12 months, with the dispositions and dates of disposition for each; and the notice shall include that the owner or other interested party with legal standing on the disposition of the vessel has 30 days from service of the notice of intent to request an administrative hearing regarding on the determination that the vessel is an Anchoring Limitation/Public Nuisance Vessel and that failure to request such hearing shall be deemed a waiver of the right to such administrative hearing.

(c)

Notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel shall be served by the methods described for a notice of violation pursuant to Section 388.408, except that the content of the notice shall be as described in subsection (b) of this Section, and notice posted to the vessel shall be as described in subsection (d) of this Section.

(d)

Notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel posted to a vessel shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This vessel, to wit: (make, model, registration numbers, if available, HIN, if available) has been declared to be an Anchoring Limitation/Public Nuisance Vessel, as described in Section 388.412, Ordinance Code, and Florida Statutes Section 327.4108, and is unlawfully on the waters of this county in violation of Section 388.405, Ordinance Code, to wit: (brief description of location). The vessel having been the subject of four or more violations of anchoring limitations within 12 months, to wit: [court case number or citation number of four or more previous violations within 12 months, the dispositions and dates of disposition], the vessel is declared to be a public nuisance. The vessel owner or other interested party with legal standing on the disposition of the vessel has 30 days from the date of this notice to request an administrative hearing regarding the determination that the vessel is an Anchoring Limitation/Public Nuisance Vessel, under Section 388.412, Ordinance Code. Failure to request such hearing shall be deemed a waiver of the right to such administrative hearing.

THIS VESSEL MUST BE REMOVED WITHIN 21 DAYS OTHERWISE IT WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR PURSUANT TO SECTION 388.412, ORDINANCE CODE, AND A CITATION MAY BE ISSUED. The City may recover from the owner or other person legally responsible for the vessel for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388, Part 4, Ordinance Code.

Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of the law enforcement officer).

(e)

The procedure for hearings requested by adversely affected vessel owners who have received notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel, under this Section shall be as described in Section 388.310, Ordinance Code.

(f)

Disposal of an Anchoring Limitation/Public Nuisance Vessel may occur as follows:

(1)

If, after the term of days required for posting, publishing, or mailing notice of intent to remove and dispose a vessel declared to be an Anchoring Limitation/Public Nuisance Vessel, the owner, operator, or other person legally responsible for the vessel has not caused the vessel to be removed or shown reasonable cause for failure to do so, the owner or other interested party with legal standing on the disposition of the vessel has not timely requested an administrative hearing on the determination of the vessel as an Anchoring Limitation/Public Nuisance Vessel, and if a citation has been issued the term of days to contest a citation has lapsed; or

(2)

(3)

If, following a hearing pursuant to F.S. § 705.103(2)(a)2., a judge, magistrate, administrative law judge, or hearing officer, or in the instance of an administrative proceeding described in Section 388.310, Ordinance Code, a Code Enforcement Officer named as a presiding officer or the Environmental Protection Board, has determined the vessel to be an Anchoring Limitation/Public Nuisance Vessel and a Final Order has been entered;

the law enforcement agency or its designee may dispose of the vessel as a lost vessel as described in Section 388.506(f), Ordinance Code.

(Ord. 2025-432-E, § 6)

PART 5. - ABANDONED VESSELS; LOST VESSELS

Sec. 388.501. - Findings and legislative intent.

(a)

Pursuant to F.S. § 327.60 (2023), as amended from time to time, the Florida Legislature has expressly authorized local governments to enact and enforce regulations to implement the procedures for abandoned or lost property that allow the local law enforcement agency to remove a vessel affixed to a public dock or mooring within its jurisdiction that is abandoned or lost property pursuant to F.S. § 705.103(1). Such regulation must require the local law enforcement agency to post a written notice at least 24 hours before removing the vessel.

(b)

Abandoned vessels pose a significant threat to the environment, human health, and navigational safety as an obstruction to navigation through deterioration, physical damage to the surrounding ecosystems, through the proliferation of marine debris, or the threat of discharge of sewage, oil and/or hazardous substances into the marine environment.

(c)

Vessels which are not under the supervision and control of a person capable of operating, maintaining, or moving it from one location to another and which remain anchored or moored in the same location for over ten days out of a 30-day period demonstrates that such vessels are no longer engaged in the exercise of navigation, and should be classified as unauthorized stored vessels.

(d)

The abandonment of vessels conflicts with the Public Trust Doctrine, which holds and protects sovereign submerged lands and the water column above it for the benefit and use of the public.

(e)

Prohibitions on lost or abandoned vessels serve to promote public health, safety and welfare by reducing or eliminating the threats posed by lost vessels and abandoned vessels, through the exercise of the authority granted to the City pursuant to F.S. Ch. 705.

(Ord. 2025-432-E, § 7)

Sec. 388.502. - Definitions.

For the purpose of this Part, the following terms, phrases, words, abbreviations and their derivations shall have the meaning given herein.

(a)

Abandoned Vessel means any vessel that has an identified owner who is unwilling to take control of the vessel, or an vessel that does not have an identifiable owner upon reasonable effort (to ascertain the name and address of the owner and any lien holder, as described in Section 388.102) and which is anchored or moored on the waters of the county under the following criterion, but no single criterion shall be conclusive:

(1)

The vessel identification numbers and other means of identification have been removed so as to hinder or nullify efforts to locate or identify the owner.

(2)

Absence of a current license decal, registration or inspection.

(3)

Evidence that the vessel's registration certificate is expired for 45 or more days and the registered owner no longer resides at the address listed in the vessel registration.

(4)

Evidence that the last registered owner of record disclaims ownership and the current owner's name or address cannot be determined.

(5)

The Department of Highway Safety and Motor Vehicles or the appropriate agency in the state of registration, if known, have no record of the vessel having ever been registered and the owner's name or address cannot be determined.

(6)

Whether the vessel has value other than nominal salvage value.

(7)

Whether the vessel is in sufficient repair to perform its intended purpose.

Evidence of disrepair shall include missing, removed, or partially or completely dismantled parts; broken glass; or other signs of substantial deterioration.

In making evaluations under this subsection, the compliance officer may require the owner to demonstrate the operability of the vessel.

(8)

Evidence that the vessel has been left unprotected from the elements, including without limitation: growth of vegetation or standing pools subject to insect infestation; rust or other corrosion; the positioning of the vessel in other than an upright or operable manner; and vandalism.

(9)

Evidence that the vessel was involved in a collision or other incident during which it was physically damaged and has remained in the condition for in excess of 72 hours and no repair activity has taken place over a 72-hour period. This criterion does not apply to persons who abandon a vessel on the waters of the county solely as a result of a boating accident that is reported to law enforcement in accordance with F.S. § 327.301 (2023), or otherwise reported to law enforcement; a hurricane; or another sudden event outside of his or her control if:

The individual documents for law enforcement the specific event that led to the vessel to become abandoned on the waters of the county; and

The owner or operator of the abandoned vessel shall make a bona fide attempt to recover the vessel,

For a vessel that has been abandoned as a result of a boating accident or other sudden event outside his or her control, within seven days after such accident or event; or

Within 45 days after the hurricane has passed over the state.

The term Abandoned Vessel as used in this Part is distinct from the term Abandoned Property, as used in Chapter 670. Vessels described in Section 388.311, (a), (b) or (c), or Section 388.411, (a) or (c), or Section 388.411, may be designated as a Lost Vessel or Abandoned Vessel, subject to Section 388.506.

(b)

Attended vessel means that a person capable of operating, maintaining, or moving the vessel from one location to another is on board the subject vessel for four continuous hours in a 24-hour period. Any vessel left unattended for more than ten days out of a 30-day period demonstrates that the vessel is no longer engaged in navigation and may be deemed unattended.

(c)

Lost Vessel means any unattended vessel anchored or moored on the waters of the county that does not have an identifiable owner upon reasonable effort (to ascertain the name and address of the owner and any lien holder, as described in Section 388.102) and which is in a substantially operable, functioning condition or which has an apparent intrinsic value to the rightful owner. A vessel described in Section 388.412(f), may constitute a lost vessel.

(Ord. 2025-432-E, § 7)

Sec. 388.503. - Prohibitions.

(a)

Notwithstanding Chapter 609, any person who willfully abandons a vessel anchored, moored, or aground, on the waters of the county, or allows a vessel to be anchored, moored, or aground, on the waters of the county, shall be guilty of a violation of this Part as a Class C offense, as described in Section 609.109, Ordinance Code. The penalty for a second violation within three years shall be twice the amount of the first offender fine. The penalty for a third or subsequent violation within five years shall be three times the amount of the first offender fine. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation, as described in Section 388.103(l).

(b)

It is unlawful for any person who finds any lost or abandoned vessel on the waters of the county to appropriate the same to his or her own use or to refuse to deliver the same when required by law. Any person who unlawfully appropriates such lost or abandoned vessel to his or her own use or refuses to deliver such property when required commits theft, as defined in F.S. § 812.014, punishable as provided by law.

(c)

(d)

Reserved.

(e)

Each day during any portion of which a violation of this Part occurs shall constitute a separate offense.

(f)

This Section does not apply to persons who abandon a vessel on the waters of the county solely as a result of a boating accident that is reported to law enforcement in accordance with F.S. § 327.301, or otherwise reported to law enforcement; a hurricane; or another sudden event outside of his or her control if:

(1)

The individual documents for law enforcement the specific event that led to the vessel to become abandoned on the waters of the county; and

(2)

The owner or operator of the abandoned vessel shall make a bona fide attempt to recover the vessel,

For a vessel that has been abandoned as a result of a boating accident or other sudden event outside his or her control, within seven days after such accident or event; or

Within 45 days after the hurricane has passed over the state.

(Ord. 2025-432-E, § 7)

Sec. 388.504. - Reporting, Notice, and Procedure for Lost or Abandoned Vessels.

(a)

Law enforcement officers may investigate violations of this Part. An officer investigating a vessel pursuant to this Part shall make a reasonable effort to ascertain the name and address of the owner and any lien holder.

(b)

Reporting lost or abandoned vessels. Whenever any person finds any lost or abandoned vessel, such person may report the description and location of the vessel to the Director of the Parks, Recreation & Community Services Department, or designee, or to a law enforcement officer who shall deliver a copy of the report to the Director of the Parks, Recreation & Community Services Department, or designee. The person taking the report shall ascertain whether the person reporting the vessel wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the City a reasonable sum sufficient to cover the cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the property.

(c)

Required Notice.

(1)

Whenever a law enforcement officer has reasonable cause to believe that a vessel anchored, moored, or grounded, on the waters of the county, reported as lost or abandoned, is a Derelict Vessel, as described in Section 388.301, or an At-risk/Public Nuisance Vessel, as described in Section 388.301, the officer shall proceed under Part 3 of this Chapter. If there is reasonable cause to believe that a vessel reported as lost or abandoned qualifies as an Anchoring Limitation/Public Nuisance Vessel, as described in Section 388.412, the officer shall proceed under Part 4 of this Chapter. However, any vessel described in Section 388.311, (a), (b) or (c); Section 388.411, (a) or (c); or Section 388.411, may be designated as a Lost or Abandoned Vessel and the subject to Section 388.506, regardless of the vessel also qualifying as a Derelict Vessel, an At-risk/Public Nuisance Vessel, or an Anchoring Limitation/Public Nuisance Vessel.

(2)

Whenever a law enforcement officer has reasonable cause to believe that a vessel anchored, moored, or grounded, on the waters of the county, reported as lost or abandoned, is a lost or abandoned vessel, the officer shall cause notice of violation to be served as described in this Section. Notice of violation shall be in writing, shall specify the violation alleged with reference to the relevant ordinance, and shall direct that the vessel be removed from the waters of the county within a reasonable time, not less than five days otherwise a citation may be issued to the owner, operator, or other person legally responsible for the vessel. Notice shall include that a person who has been issued a citation may request a hearing in the County Court to challenge a citation issued. Notice shall include a conspicuous statement that if the owner or other person legally responsible for the vessel has not removed this vessel from the waters of the county within the five days, it will be removed and disposed of pursuant to F.S. Ch. 705, or Chapter 388, Part 5, Ordinance Code. The notice shall also inform that in addition to fines and penalties, the owner, operator, or other person legally responsible for the floating structure may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 5, Ordinance Code. Notice of violation posted upon such vessel, shall be in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description of vessel) is unlawfully upon public property known as (setting forth brief description of location) in violation of Section 388.503, Ordinance Code. THIS VESSEL MUST BE REMOVED WITHIN 5 DAYS; OTHERWISE, IT WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES OR CHAPTER 388, PART 5, ORDINANCE CODE, AND A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County Court to challenge the citation. The owner or other person legally responsible for the vessel will be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388, Part 5, Ordinance Code.

Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of law enforcement officer).

(3)

Whenever a law enforcement officer has reasonable cause to believe that a vessel, reported as lost or abandoned, is a lost or abandoned vessel and is anchored, moored, or affixed to a public dock or public mooring, the officer shall cause notice of violation to be served as described in this Section. Notice of violation shall be in writing, shall specify the violation alleged with reference to the relevant ordinance, and shall direct that the vessel be removed from the waters of the county within a reasonable time, not less than 48 hours otherwise a citation may be issued to the owner, operator, or other person legally responsible for the vessel. Notice shall include that a person who has been issued a citation may request a hearing in the County Court to challenge a citation issued. Notice shall include a conspicuous statement that if the owner or other person legally responsible for the vessel has not removed this vessel from the waters of the county within 48 hours, it will be removed and disposed of pursuant to F.S. Ch. 705, or Chapter 388, Part 5, Ordinance Code. The notice shall also inform that in addition to fines and penalties, the owner, operator, or other person legally responsible for the floating structure may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 5, Ordinance Code. Notice of violation posted upon such vessel, shall be in substantially the following form:

NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. This property, to wit: (setting forth brief description of vessel) is unlawfully upon public property known as (brief description of location) in violation of Section 388.503, Ordinance Code. THIS VESSEL MUST BE REMOVED WITHIN 48 HOURS OTHERWISE, IT WILL BE REMOVED AND DISPOSED OF PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR CHAPTER 388, PART 5, ORDINANCE CODE, AND A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County Court to challenge the citation. The owner or other person legally responsible for the vessel will be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to abate the violation, costs to remediate or mitigate damage or threatened damage to the environment caused by the violation, and the costs of enforcement of Chapter 388, Part 5, Ordinance Code.

Dated this: (setting forth the date of posting of notice), signed: (setting forth name, title, address, and telephone number of law enforcement officer).

(d)

Notice required to be posted to a vessel shall not be less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements.

(e)

On the date of posting notice to a vessel, or as soon thereafter as is practical, the officer shall also serve a copy of such notice as follows,

(1)

If the name and address of the owner is known to the officer or ascertained by reasonable effort, by:

Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel is owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If notice sent by certified mail is not signed as received within 14 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph (3);

Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer;

In the case of commercial premises, leaving the notice with the manager or other person in charge.

(2)

Posted at the primary municipal government office in the jurisdiction of the location of the vessel; and,

(3)

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, in addition to providing notice or attempting notice as set forth in subsection (1), notice may be served by posting as described in this subsection.

(f)

(g)

(h)

Evidence of posting as provided in subsection (c), together with proof of posting and publishing as provided in subsection (e)(2), and if the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, proof that an attempt has been made to hand deliver or mail notice as provided in subsection (e)(1), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice.

(Ord. 2025-432-E, § 7)

Sec. 388.505. - Citations; Form and service of citation.

(a)

(b)

A citation issued pursuant to this Part shall contain:

(1)

The date and time of issuance.

(2)

The name and address of the person to whom the citation is issued;

(3)

The date and time of the violation;

(4)

The number or Section of the Ordinance Code which has been violated;

(5)

A description of the vessel: the registration number of the vessel; the name of the title owner of the vessel (if known); Hull identification number; the general description of the vessel including, make, model, color and length; and the name of the vessel (if known);

(6)

The location of the violation, to include: a general physical description and G.P.S.;

(7)

Facts constituting reasonable cause to believe the violation has occurred or is occurring.

(8)

The name and agency authority of the Officer issuing the citation;

(9)

The procedure for the person to follow in order to pay the civil penalty or to contest the citation, which may include a reference to the Jacksonville.gov webpage that contains such information.

(10)

The applicable civil penalty if the person elects to contest the citation, and the applicable civil penalty if the person elects not to contest the citation.

(11)

(12)

A conspicuous statement that in addition to any penalties under law, the City may recover from the owner, operator, or other person legally responsible for the vessel, for all costs incurred by the City to abate the violation, as described in Section 388.103(l), which may include costs to relocate, remove, store, destroy or dispose of a vessel; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of this Part.

(c)

If the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, service of a citation shall be effectuated upon such person by:

(1)

Certified mail, return receipt requested, to the last address listed in vessel registration record for the state of registration; if the vessel is not registered, by certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the vessel or floating structure is owned by a corporation, citations may be provided by certified mail to the registered agent of the corporation. If a citation sent by certified mail is not signed as received within 14 days after the postmarked date of mailing, the citation may be posted in a weatherproof covering in a conspicuous location upon the vessel;

(2)

Hand delivery by the sheriff or other law enforcement officer;

(3)

(4)

In the case of commercial premises, leaving the citation with the manager or other person in charge.

(d)

(e)

The County Court in and for the Fourth Judicial Circuit is the Court of competent jurisdiction for citations issued pursuant to this Part.

(Ord. 2025-432-E, § 7)

Sec. 388.506. - Disposition of Abandoned or Lost Vessels.

(a)

If, at the end of five days after posting the notice under Section 388.504(c)(2), or at the end of 48 hours after posting the notice under Section 388.504(c)(3), no party legally responsible for the vessel has removed the vessel from the waters of the county or shown reasonable cause for failure to do so, the vessel may be removed or relocated by law enforcement. Relocation or removal under this subsection does not prevent the issuance of a citation under this Part. As soon as practicable after the vessel has been removed or relocated pursuant to this subsection, notice shall be effectuated by the methods described for notice of violation in this Part. The notice shall include the location where the vessel is being held and how to reclaim the vessel, including that the owner or other interested party with legal standing on the disposition of the vessel must make a claim to the vessel within 21 days of notice of removal or relocation and must pay the costs for removal, relocation and storage, within 30 days of the attempt to reclaim the vessel. If no person makes a claim to the vessel within 21 days of notice of removal or relocation, or if a rightful attempts to reclaim the vessel within 21 days but fails to pay costs of removal, relocation and storage within 30 days of the attempt to reclaim, the vessel may be designated as a Lost or Abandoned Vessel, subject to subsection (f), below.

(b)

As to a vessel described in Section 388.411(c), or a vessel described in Section 388.503, if the owner, operator, or other person legally responsible for the vessel is not known or cannot be ascertained upon reasonable effort, after notice of violation as provided in Section 388.408 as to a Section 388.411(c) vessel, and Section 388.504 as to a Section 388.503 vessel, and no person legally responsible for the vessel has caused the vessel to be removed within the term of days specified in the notice or shown reasonable cause for failure to do so, and no person has come forward to take responsibility for the vessel, the vessel may be designated as a Lost or Abandoned Vessel, subject to subsection (f), below.

(c)

As to a vessel described in Section 388.311(a) or Section 388.411(b), if the owner, operator, or other person legally responsible for the vessel is known or ascertained by reasonable effort, and the owner, operator, or other person legally responsible for the vessel has disavowed responsibility for the vessel and no other owner, operator, or other person legally responsible for the vessel is known, the vessel may be designated as a Lost or Abandoned Vessel, subject to subsection (f), below.

(d)

As to a vessel described in Section 388.311(a), if, at the end of 21 days after service of the notice of violation as provided in Section 388.306, the owner, operator, or other person legally responsible for the vessel has not caused the vessel to be removed within the term of days specified in the notice or shown reasonable cause for failure to do so, or if a vessel has been removed by law enforcement pursuant to Section 388.305(a), but the owner or other interested party with legal standing on the disposition of the vessel has not attempted to reclaim the vessel within the term of days specified in the notice, and if a citation has been issued the term of days to contest a citation has lapsed, the vessel may be designated as a Lost or Abandoned Vessel, subject to subsection (f), below.

(e)

As to a vessel described in Section 388.411(a), if a vessel has been impounded and stored pursuant to Section 388.411(a) for over 30 days and either, no owner or other interested party with legal standing on the disposition of the vessel has attempted to reclaim the vessel within the term of days specified in the notice or the owner or other interested party with legal standing on the disposition of the vessel made claim to the vessel but failed to timely pay the cost of towing, cost of impoundment and storage fees, the vessel may be designated as a Lost or Abandoned Vessel, subject to subsection (f), below.

(f)

An Abandoned Vessel or Lost Vessel may be removed or relocated by a law enforcement officer, and,

(1)

As to an Abandoned Vessel, the City may retain the property for its own use or for use, trade the property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or dispose of the property.

(2)

As to a Lost Vessel, the City shall take custody and the agency shall retain custody of the property for 90 days, and shall publish notice of the intended disposition of the property during the first 45 days of this time period, as provided,

If the City elects to retain the property for use by the unit of government, donate the property to a charitable organization, surrender such property to the finder, sell the property, or trade the property to another unit of local government or state agency, notice of such election shall be given by an advertisement published once a week for two consecutive weeks in a newspaper of general circulation in the county where the property was found if the value of the property is more than $100. If the value of the property is $100 or less, notice shall be given by posting a description of the property at the law enforcement agency where the property was turned in. The notice must be posted for not less than two consecutive weeks in a public place designated by the law enforcement agency. The notice must describe the property in a manner reasonably adequate to permit the rightful owner of the property to claim it.

If the City elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale published once a week for two consecutive weeks in a newspaper of general circulation in the county where the sale is to be held. The notice shall include a statement that the sale shall be subject to any and all liens. The sale must be held at the nearest suitable place to where the lost or abandoned property is held or stored. The advertisement must include a description of the goods and the time and place of the sale. The sale may take place no earlier than ten days after the final publication. Notice of the intended disposition shall describe the property in a manner reasonably adequate to permit the rightful owner of the property to identify it.

(g)

Upon the expiration of the 90-day custodial time period and the notice requirements specified in Section 388.504(f)(2), have been met, unless the rightful owner or a lienholder claims the property within that time, pursuant to F.S. § 705.104, title to a lost or abandoned vessel vests in the finder of the vessel.

(h)

If a lost vessel is sold at public sale pursuant to subsection (f)(2)b the City shall deduct from the proceeds the costs of transportation, storage, and publication of notice, including costs as described in Section 388.503(c), and any balance of proceeds shall be deposited into an interest-bearing account not later than 30 days after the date of the sale and held there for 1 year. The City shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within 1 year from the date of the above stated deposit by making application to the agency. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787.

(i)

The owner, operator, or other person legally responsible for the vessel, who after notice of violation as provided in Section 388.504, does not remove such vessel within the specified period or show reasonable cause for failure to do so, is liable to the City for all costs incurred by the City to abate the violation, as described in Section 388.103(l), less any salvage value obtained by disposal of the vessel. Upon final disposition of the vessel, the City shall notify the owner, if known, of the amount owed. Notice shall be effectuated by the methods described for notice of violation in this Part. If the rightful owner does not pay such costs within 30 days of making claim to the property, title to the property shall vest in the City. The City may recover the costs as provided in Section 388.503(l).

(j)

Employees of any state, county, or municipal agency shall be deemed agents of such governmental entity, and a lost vessel or abandoned vessel found by them during the course of their official duties shall be turned in to the proper person or department designated to receive such property by the governmental entity. Such property turned in to the City shall be subject to the provisions of this Part, or F.S. Ch. 705, after which, if unclaimed by the rightful owner, the title to such property shall be vested in the City and not in the employee.

(Ord. 2025-432-E, § 7)

Sec. 388.507. - Bar on vessel and vehicle registration privileges as penalty for failure to pay costs.

In addition to any penalty for violation of this Part, a law enforcement officer or representative of the law enforcement agency or other governmental entity shall supply the Department of Highway Safety and Motor Vehicles with the name of any person who has neglected or refused to pay all costs of removal, storage, destruction, or disposal of an abandoned vessel or lost vessel, after having been provided written notice via certified mail that such costs are owed, and the person shall not be entitled to be issued a certificate of registration for such vessel, or any other vessel, or motor vehicle, until such costs have been paid, as provided in F.S. § 705.103(4).

(Ord. 2025-432-E, § 7)

Sec. 387.105. - Penalties. TITLE XI - EQUAL OPPORTUNITY