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. a. Evidence of disrepair shall include missing, removed, or partially or completely dismantled parts; broken glass; or other signs of substantial deterioration. b. 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: a. The individual documents for law enforcement the specific event that led to the vessel to become abandoned on the waters of the county; and b. The owner or operator of the abandoned vessel shall make a bona fide attempt to recover the vessel, 1. 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 2. 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)