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FAQs: Derelict Vessels | |||
Updated April 8, 2009
What is a derelict vessel?Derelict vessels are defined in F.S. 823.11(1). Derelict vessels that the Florida Fish and Wildlife Conservation Commission (FWC) may remove are vessels that are left, stored or abandoned in a wrecked, junked or substantially dismantled condition upon any public waters of the state. What is the process for the FWC in dealing with derelict vessels?When a derelict vessel is identified by the FWC, a notice is posted on the vessel, and the owner of the vessel is contacted. The owner must remove the vessel within 5 days of receiving notice. However, if the owner has a valid reason for being unable to remove the vessel within 5 days, the FWC will work with the owner. The FWC uses every available means to identify the owner of a derelict vessel and compels the owner to remove it at his own expense. If the owner does not remove the vessel, he is prosecuted under F.S. 823.11(4) - a first-degree misdemeanor - and can be charged civilly for the expense of removing the vessel. In some instances, the owner may be charged with a felony. One of the conditions of a felony charge is that the owner intentionally dumped the vessel. If the owner of the derelict vessel is not identified, the regional FWC Division of Law Enforcement captain determines if the vessel should be removed at state expense. On occasion, someone other than the owner is responsible for the derelict vessel. This may be the last person in possession of the vessel. The same rules apply to this person and may relieve the owner of responsibility. How much does it cost to remove a derelict vessel?The cost can vary from a few thousand dollars to hundreds of thousands of dollars depending on the size of the vessel, the equipment needed for removal, how difficult it is to remove, environmental clean-up, location of the vessel, etc. In what order are the vessels being removed from the state's waters?Currently, the FWC is removing vessels in various counties and municipalities throughout the state - no particular county has been given priority. However, at these locations, derelict vessels are prioritized. Those derelict vessels that are public safety and navigational hazards are removed first. Derelict vessels that are environmental hazards are then removed. Why has this become a priority for the FWC?Historically, as the population of Florida has increased so has the number of boats on the water and as a consequence, the number of derelict vessels. These derelict vessels are a priority concern for the FWC’s Division of Law Enforcement, as these vessels’ existence increases the potential for accidents because they are hazards to navigation. Derelict vessels also pose a threat to the fragile marine ecosystem, which is so important to Florida’s tourism, fishing, and economy. FWC is increasing its role as trainers and educators in the area of derelict vessels. This training and education is directed at counties and municipalities to familiarize them with the resources available to address this problem. The FWC's Division of Law Enforcement has met with federal agencies for the purpose of procuring funding derelict vessel training. In the 2008-09 fiscal year, the Florida Legislature appropriated $1.55 million for removal of derelict vessels by the FWC; however, counties and municipalities can address these concerns at a local level as well. FWC is interested in partnering with those counties that could benefit from training opportunities and also utilize tools provided by the state for derelict vessel prevention. How many derelict vessels are there?Approximately 1,500 derelict vessels are documented throughout the state, and the number is increasing. This includes coastal and inland waters. Is the FWC removing the derelict vessels?Yes. An FWC officer identifies a derelict vessel. The officer conducts the investigation, notifies the owner of the derelict vessel, and follows through to make sure the vessel is removed by the owner or the state, and if applicable, charges the owner of the vessel if he fails to remove it. If the vessel is derelict, the officer makes sure it is destroyed and taken to a licensed landfill. The FWC has a contract with Post, Buckley, Schuh & Jernigan (PBS&J) to assist with the physical removal of derelict vessels. PBS&J is a full-service planning and engineering consulting firm headquartered in Tampa. Why did the FWC contract with PBS&J?PBS&J requires its subcontractors to use best management practices, including provisions to protect the Florida manatee from harm during the removal of derelict vessels. How does a citizen report a suspected derelict vessel?The public is encouraged to call 888-404-3922 to report derelict vessels. However, the public should be aware that not all boats which may appear "derelict," are. There are specific criteria that must be met before a vessel is identified as derelict. If the boat meets the derelict vessel criteria, an officer will be assigned to investigate and start a derelict vessel case. A vessel doesn't have to be pretty; it just has to be legal. It is not a crime to have an unattractive boat on the waters of the state. What criteria are used for a boat to be considered derelict?According to state law, a boat must be "left, stored or abandoned in a wrecked, junked or substantially dismantled condition" for it to be considered derelict. A derelict vessel can be floating or sunken. However, a sunken boat may not meet the criteria if it is salvageable and the owner salvages it. Likewise, a boat may be floating, but if it is inoperable and taken apart, it may be considered derelict. This is why an investigation is necessary to make sure a boat is junked, wrecked or permanently taken apart and the owner is unable or unwilling to remove it. What is done with derelict vessels after removal?The marine contractor may remove whatever is salvageable from a derelict vessel to offset the cost of removal. The derelict vessel is destroyed, which is verified by an FWC officer. What remains of the destroyed derelict vessel is taken to the local licensed landfill for disposal. The officer files a report, as does PBS&J. When will the removal of derelict vessels begin?It already has. As of the end of March, the FWC has removed 22 derelict vessels. Within the next three months, the FWC will remove another 75 - for a year's total of 97 vessels removed. FWC Derelict Vessel Status Report:Total derelict vessels removed to date = 22
Total derelict vessels anticipated to be removed by June 30 = 75
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Our mission: Managing fish and wildlife resources for their long-term well-being and the benefit of people.
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