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. 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. b. 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 . c. A vessel is substantially dismantled if at least two of three following vessel systems or components are missing, compromised, incomplete, inoperable, or broken: 1. The steering system; 2. The propulsion system; or 3. The exterior hull integrity. d. 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)