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) 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; or, (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: 1. 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 2. 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)