Derelict Vessels

Any of you who have lived in the Marco Island, Goodland, and Naples area for any period of time have seen abandoned and, in many cases, sunken boats in our local waters. Over the years, I have always thought the best thing to do would be to tow all these boats offshore and sink them in one spot. That would make one heck of a fishing and SCUBA diving spot. Turns out that's not such a great idea. Thankfully, our local and state law enforcement agencies have a solution to handle this problem. I have had conversations with people who ask why the process takes so long. As always, the best thing to do is to turn to someone who actually has the correct answers. Currently, as I write this article, there is a sunken sailboat on the north side of the Marco River, across from Factory Bay.

I first reached out to Marco Island Police Department's Marine Patrol Officer, Josh Ferris, with some questions based on his experience,

Question: From your experience, what seems to be the most common reasons that these boats run aground and or get abandoned in the first place?

Ferris: These derelicts can be caused by many different issues. Many of the boats that get abandoned are due to owners who don't have the physical ability to take care of the vessel or the time to dedicate to their commitment. Once the boats get run down and the owners can't keep them up, the boats often end up in an at-risk condition. At Risk indicates that the vessel is at risk of becoming derelict.

Question: Why aren't the owners made to remove these boats?

Ferris: The derelict vessel program is designed to hold the owners accountable, although it takes a lot of time to go through the notification and legal processes. Even when all these processes are effectively executed, if the owner doesn't have the financial means to pay for a salvage bill, then there's only so much that you can do to make the owner remove the boat.

Question: If the owners don't get the boat removed, can't they be charged with a crime and forced to remove the boats? Does law enforcement have any recourse to force the owners to remove them or make the owners pay for the removal?

Ferris: The owners can and will be charged with a criminal offense if they leave a derelict boat on state waters. Once again, there’s only so much that can be done to force someone to remove a boat. There are grants available to find the money to pay for the removal of the vessels if the owners cannot pay for it. If the derelict vessel process is done correctly, these grants are available to municipalities, counties, and salvage companies. Once this is done, if the state chooses, they can go after the owners civilly.

Question: It seems it takes a long time for the boats to get removed when the city, county, or state must get involved. Why is that? What are the steps law enforcement has to take to get the boat removed?

Ferris: The fastest I've ever seen the derelict vessel removal process be completed is six months. This process consists of a notification and labeling of the vessel. This gives the owner a chance to correct the issue. Then, they can be issued a criminal violation that has to go through the district attorney's office and court system until it's completed.

After this process is done, if the owner is unable to remove the boat, the grant process must be completed correctly, which takes a while, depending on a few different factors. Once the grant is awarded, then a salvage company has a period of time to effect the removal.

Folks must remember that the reason this process is so meticulous is because we are ultimately taking someone’s property away from them, and sometimes their home.

Question: Where do these boats end up? Sold for parts? Landfills?

Ferris: Once the salvage company removes the vessel, they can do what they want with it, but they normally end up in a landfill.

Okay, great information, but I thought I'd drill down a little deeper and check with FWC, our Florida Fish and Wildlife Commission, to see what they could add to the conversation. I reached out to one of our local FWC officers, Daniel Delgado, who introduced me to Arielle Callender, the Public Information Director, South Region, of the Florida Fish and Wildlife Conservation Commission. Arielle told me about what the FWC does with derelict vessels and vessels that could soon be abandoned:

Derelict vessels are a top priority for the Florida Fish and Wildlife Conservation Commission (FWC). The Division of Law Enforcement's Boating and Waterways Section has led a multi-year effort to significantly reduce the backlog of these vessels across Florida's waterways. However, law enforcement continues to document new cases, as derelict vessels persistently pose threats to the environment and public safety. Except for those affected by hurricanes or natural disasters, vessels do not become derelict overnight. Law enforcement officers identify warning signs that indicate a vessel is “at-risk” of becoming derelict. Through routine inspections, citations, and warnings, officers document vessel conditions and work with owners to bring their vessels into compliance before they reach a derelict state. FWC makes every effort to assist vessel owners in either removing their vessels from state waters or restoring them to a seaworthy condition, minimizing costs to taxpayers. Additionally, FWC collaborates with local governments through the Derelict Vessel Grant Program, which reimburses municipalities 100% for the removal of eligible vessels once a grant agreement is executed. For cases outside this program, FWC also operates a Direct Removal Program, contracting directly with approved vendors to remove vessels.

The process of adjudicating and removing derelict vessels can be complex, often requiring multiple court hearings, orders, and administrative proceedings before

removal is authorized. Vessel owners are afforded due process, including the opportunity for administrative hearings and potential criminal proceedings.

Once removed, derelict vessels are typically destroyed and sent to a landfill, though disposal methods may vary depending on the contractor and county.

To proactively address the issue, FWC launched the Florida Vessel Turn-In Program (VTIP). This program allows eligible vessel owners to voluntarily surrender their at-risk vessels for removal at no cost. Owners who have received a citation or written warning for an at-risk vessel condition may apply if they meet the eligibility requirements. More details and applications are available at FloridaVTIP.com.

By addressing derelict vessels through prevention, enforcement, and removal efforts, FWC remains committed to protecting Florida’s waterways, marine life, and the boating community.

Pretty interesting indeed. I did not know about the state's turn-in program, VTIP. Anyone who is aware of a possible boat that could be heading to a derelict condition needs to pass on the FloridaVTIP.com site if they can contact the owner.

Sadly, I am sure in our area of storms and other boat ownership issues we will see sunken and abandoned boats again. Hopefully, we now have some answers and ideas on how we can assist our local and state law enforcement officers work to solve the problem.