Derelict Boats on Volusia County’s Waterways

Abandoned boats along the Intracoastal Waterway and beaches of Volusia County are not only a blight on the natural environment, but they also often pose threats to safe navigation and endanger marine life and habitat. In addition, abandoned or derelict vessels can cause serious damage to docks and property as they drift on or beneath the water’s surface.

Local authorities and the Florida Fish and Wildlife Conservation Commission (FWC) actively track, remove, and prosecute owners of derelict vessels across Volusia County's waterways.

The FWC classifies abandoned vessels in three categories: public nuisance vessel, at-risk vessel and derelict vessel.

Public Nuisance Vessels

The FWC declares a vessel a public nuisance and may be removed as if it were derelict when the owner has been cited three times within a 24-month period for any at-risk conditions, without acquittal or dismissal. This provides a way to remove vessels from the water before they become derelict. Because nuisance vessels are still afloat, they are less expensive to remove than derelict vessels.

At-Risk Vessels

FWC officers or officers from a law enforcement agency specified in Florida Statute 327.70, may determine a vessel is at risk of becoming derelict if:

• The vessel is taking on or has taken on water without an effective means to dewater.

• 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.

• The vessel has broken loose or is in danger of breaking loose from its anchor.

• The vessel is listing due to water intrusion.

• The vessel does not have an effective means of propulsion for safe navigation.

• The vessel is tied to an unlawful or unpermitted structure or mooring.

• 
  

The vessel owner or operator has 48 hours after receiving a notice to provide a receipt, proof of purchase, or other documentation of having ordered necessary parts for vessel repair.

Derelict Vessel

The FWC defines a derelict vessel as one that is wrecked, junked, or in substantially dismantled condition upon any waters of this state.

• A “wrecked” vessel is one that is sunken or sinking; aground without the ability to extricate itself absent mechanical assistance; or remaining after a marine casualty, including, but not limited to, a boating accident, extreme weather, or a fire.

• A “junked” vessel is one that has been substantially stripped of vessel components, if vessel components have substantially degraded or been destroyed, or if the vessel has been discarded by the owner or operator. 

• A vessel is “substantially dismantled” if at least two of the three following vessel systems or components are missing, compromised, incomplete, inoperable, or broken: the steering system, the propulsion system, or the exterior hull integrity is missing or have been compromised.

• Located at any port in Florida without the consent of the agency having jurisdiction thereof.

• Docked or grounded at or beached upon the property of another without the consent of the property owner.

Reporting and Removal Process

Anyone can report abandoned or derelict boats by calling the FWC wildlife alert hotline at (888) 404-3922 or the Volusia County Environmental Management Division at (386) 736-5927.

The FWC or local marine units will locate the vessel identification number (VIN) and post a 21-calendar-day notice. If the owner fails to comply or cannot be found, a letter of authorization is issued to remove, demolish, and dispose of the vessel at the Tomoka Landfill. 

Intentionally abandoning a vessel in Florida is a first-degree misdemeanor carrying fines, while repeat offenders can face third-degree felony charges.

Boat owners who receive a derelict, at-risk or public nuisance warning and can no longer care for their vessel can surrender it for free disposal through FWC's Vessel Turn-In Program.

The Law on Claiming Ownership

Taking an abandoned boat without an official title transfer is illegal in Florida and is considered theft. Florida is a title state and does not have automatic "finders keepers" salvage rights for claiming ownership of abandoned vessels.  

If you find an abandoned or derelict boat and want to claim it legally, you must follow the process outlined in Section 705.103 of the Florida Statutes. You must first report the suspected abandoned boat to a local law enforcement agency or the FWC. Law enforcement will conduct an owner investigation, which usually costs you between $300 and $600 and takes 45 to 120 days or longer. If the original owner cannot be found or does not claim the vessel, the agency may provide a bill of sale or transfer rights so you can apply for a new title through the Florida Department of Highway Safety and Motor Vehicles.

While you cannot simply tow an abandoned boat home and call it yours, traditional maritime salvage laws still apply to the physical act of saving a boat or cargo from marine peril. If you successfully rescue a distressed or sinking vessel, you may be entitled to a salvage award (a percentage of the boat's value), but this is a financial reward determined by maritime law rather than an automatic right to keep the vessel as your own. 

For private towing, recovery, or salvage assistance in the local area, contact Sea Tow Daytona / Ponce / New Smyrna located in nearby Ponce Inlet (open 24/7 at +1 386-767-1508).