The purpose of this memorandum is to provide a brief summary and update on the Derelict Vessel Policy and Procedure. 

Changes to the Florida Statute on derelict vessels originally led to the City’s suspension of its derelict vessel removal in 2017, pursuant to the Manager’s edict upon advice and counsel of the former City Attorney and until such time the City had the policy and procedures in place to conform to the law.  Since that time, Florida Fish and Wildlife Conservation Commission (FWC) has worked with a local organization, Lagoon Keepers, to lawfully remove any derelict vessels within the waterways of Riviera Beach. 

The Office of the City Attorney was charged with updating the Derelict Vessel Policy so that it conforms to the changes in the law and provides clear procedures for the City’s Marine Unit to follow in assessing, removing, and providing lawful remedies to these vessels and its owners.

The attached Derelict Vessel Policy and Procedure was submitted to the Police Department approved on January 6, 2020 (Policy No. 4.2)  and also includes forms used by the Marine Unit. Upon the Manager’s approval of the policy and procedures, the City Attorney’s office intends to host a training session with FWC and the Marine Unit on these policies and procedures.  It will provide training for new processes and a review of the other procedures once familiar to the Unit.

In review of the policy and procedure, the City now affords a 21-day notice to the derelict vessel owner before removing or relocating the vessel.  Moreover, the law requires the City provide the owner of the derelict vessel the opportunity to request a hearing before an administrative law judge to show that the conditions alleged in the notice do not exist or the derelict vessel is not derelict pursuant to the Florida Statute by submitting a written request for hearing to the Office of the City Attorney within 21 days after the notice required by this section.   Failure to request a hearing according to our policy and procedures will be deemed a waiver of the right to a hearing and an agreement to the remedy of removal, impoundment, sale, destruction or other disposition of the derelict vessel. 

Updating and following this policy to be consistent with the changes in the Florida Statute will also make the City eligible for a grant from the Florida Fish and Wildlife Conservation Commission.  According to sections 206.606 and 376.15, Florida Statutes, the FWC established a program to provide grants to local governments for reimbursement for the removal of derelict vessels from the public waters of the state.  The new grant guidelines allows for receipt of these grant applications on a continuing basis with no deadlines as long as funding is available.  Also, FWC will now pay 100% reimbursement to the grantee (City) for all eligible vessels in the grant contract.  Therefore, it is critically important that the City maintain a policy that allows an opportunity for the vessel owner to challenge the derelict vessel determination in order to even be eligible for this grant. 

The Police Department is charged with applying for this grant on a continuing basis.  The Office of the City Attorney will be responsible for arranging the training session for FWC and the Marine Unit within the next few weeks.