Derelict Vessels

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Sinking Sailboat

At Risk Vessel Criteria:

  1. The vessel is taking on or has taken on water without an effective means to dewater.
  2. Spaces on the vessel that 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.
  4. The vessel is left or stored aground unattended in such a state that would prevent the vessel from getting underway, is listing due to water intrusion, or is sunk or partially sunk.
  5. The vessel does not have an effective means of propulsion for safe navigation within 72 hours after the vessel owner or operator receives telephonic or written notice, which may be provided by facsimile, electronic mail, or other electronic means, stating such from an officer, and the vessel owner or operator is unable to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for vessel repair.

Derelict Vessel Criteria:

  1. Wrecked: The vessel must be seriously damaged from a marine casualty and not functional under normal operations, Grounded to the point of not being able to extract itself without mechanical assistance, sunken or partially sunken requiring mechanical assistance to extract the vessel.
  2. Junked: Cast aside as if discarded, stripped of all valuable parts, no value and disposed of as if thrown away.
  3. Substantially Dismantled: The vessel’s steerage, propulsion or hull must be inoperable or missing elements allowing the steerage, propulsion or hull to not function properly. 2 out of 3 (steerage, propulsion and hull integrity) must be missing to make the vessel SUBSTANTIALLY DISMANTLED, or the vessel is sunken or partially sunken and can’t extract itself without mechanical assistance.

Process for Enforcement:

At risk vessels are enforced by citation via in person or mailed to registered owner’s address.

 

Derelict Vessel Process:

  1. Make every effort to identify and contact the owner or responsible party of the status of the vessel.
  2. A title hold is then placed on the vessel so the owner cannot sell or transfer the ownership during the investigation.
  3. Provide the owner with a derelict vessel notification of rights packet which offers the owner the opportunity for arbitration to contest the derelict status of the vessel.
  4. Once the packet is delivered or returned undeliverable, a derelict vessel decal can then be affixed to the vessel to start a 21 day time period, per policy, to allow the owner to remove the vessel or get it back into compliance.
  5. When the time period is up, the vessel is now eligible for government removal and an authorization for removal form is completed.
  6. When eligible, the vessel will then be contracted for removal either by a bidding process or an established removal contractor.
  7. Once the vessel is removed and destroyed, a demand for repayment letter is then sent to the registered owner or responsible party.
  8. The owner or responsible party then has 30 days for repayment.
  9. If payment is not made, then a hold of registration privileges is established that would prohibit registration renewal and new registrations until repayment is made. The owner or responsible party named in the case will not be able to renew or register any vessel/vehicle.
  10. Derelict vessel is a criminal misdemeanor and the owner or responsible party can be charged with the crime at any time after the derelict status has been established and no efforts to correct it have been made, this is done at the investigating officer’s discretion.

Florida Fish and Wildlife Derelict Vessel Map