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(c) A law enforcement officer or agency may remove a vessel from an anchoring limitation area and <br />impound the vessel for up to 48 hours, or cause such removal and impoundment, if the vessel operator, after <br />being issued a citation for a violation of this section: <br />1. Anchors the vessel in violation of this section within 12 hours after being issued the citation; or <br />2. Refuses to leave the anchoring limitation area after being directed to do so by a law enforcement officer <br />or agency. <br />(d) A vessel that is the subject of more than three violations within 12 months which result in dispositions <br />other than acquittal or dismissal shall be declared to be a public nuisance and subject to s. 705.103 or, for a <br />derelict vessel, subject to s. 823.11. <br />(e) A taw enforcement officer or agency acting under this subsection to remove or impound a vessel, or to <br />cause such removal or impoundment, shalt be held harmless for any damage to the vessel resulting from such <br />removal or impoundment unless the damage results from gross negligence or willful misconduct. <br />(f) A contractor performing removal or impoundment services at the direction of a taw enforcement officer <br />or agency pursuant to this subsection must: <br />1. Be licensed in accordance with United States Coast Guard regulations, as applicable. <br />2. Obtain and carry a current policy issued by a licensed insurance carrier in this state to insure against any <br />accident, loss, injury, property damage, or other casualty caused by or resulting from the contractor's actions. <br />3. Be properly equipped to perform such services. <br />(g) In addition to the civil penalty imposed under s. 327.73(1)(z), the operator of a vessel that is removed <br />and impounded pursuant to paragraph (c) must pay all removal and storage fees before the vessel is released. A <br />vessel removed pursuant to paragraph (c) may not be impounded for longer than 48 hours. <br />(7) A violation of this section is punishable as provided in s. 327.73(1)(z). <br />History—s. 1, ch. 2016-96; s. 5, ch. 2017-163; s. 13, ch. 2021-184; s. 1, ch. 2021-192. <br />1 Note.—Substituted by the editors for a reference to subsections (3) and (4), as added by s. 13, ch. 2021-184, to conform to the <br />redesignation of subsections by s. 1, ch. 2021-192. <br />2Note.—As amended by s. 13, ch. 2021-184. The amendment by s. 1, ch. 2021-192, uses the word "subsection" instead of the word <br />"section. " <br />Copyright Q 1995-2022 The Florida Legislature • Privacy Statement • Contact Us <br />339 <br />