If you are ever cruising the coast or intercoastal waters of Florida, you will see many boats littering the waterways. Abandoned and derelict boats are a major problem for the Sunshine State regarding safety and environment, and millions of taxpayer dollars are spent on removal and disposal costs. While these vessels are scattered throughout the waterways, you can’t salvage and bring the ship home. The laws that surround salvaging derelict and abandoned boats are lengthy but straightforward. If you are working towards salvaging a wrecked vessel, consider hiring a maritime lawyer with experience navigating these waters. At Mase Seitz Briggs, we understand the intricacies of maritime law and can help you work toward successful salvage.
What Constitutes an Abandoned Vessel?
A derelict or abandoned vessel is defined as a boat that is wrecked or substantially dismantled in the waters, which means that the ship has been disposed of on public property and cannot be disengaged without mechanical assistance. How the boat wrecked, partially dismantled, or otherwise inoperable doesn't matter. If you leave your boat in this condition, it can result in fines or even jail time. If the boat is lost, the owner is responsible for removing the vessel from the water. Still, the Florida Fish and Wildlife Conservation Commission is responsible for coordinating their removal if the owner can't be found or gives up their ownership rights.
Salvage Rights and Responsibilities
While it is illegal to take an abandoned boat and claim it without the title, there is a way to claim the vessel and become the legal owner of the boat. Salvage laws in Florida state that if you report the suspected abandoned vessel to a law enforcement agency and pay the fees, they will investigate the boat’s owner. If the vessel is not claimed in the investigation, the FWC may allow the transfer to the boat’s finder, and then they can put the title in their name. Claiming the vessel is just the first step in salvaging it and can take up to 120 days, and the investigation cost can be anywhere from $300-600.
You cannot claim the boat as its legal owner, but if you are able to salvage the boat physically, you can earn what is called a salvage award. If you can help save abandoned boats or their cargo, you can receive an award based on a percentage of the value. Although not guaranteed, the reward can be a large payout for those capable of physically salvaging boats from the Florida waterways.
Important Considerations Before Claiming a Derelict Vessel
Abandoned vessels threaten people and the environment by blocking channels, damaging the ecosystems, and potentially leaking hazardous material into the water. Removing these boats can be complicated and expensive, located in hard to reach areas, and needing expensive equipment for recovery and transportation. The local FWC utilizes significant resources for assessing, removing, and disposing of these vessels, but if boat owners and those who can salvage them, all pitches in our waterways can clear. Those who work to physically salvage the boats in the hope that they will be able to collect the award will not only cover the expense of physically salvaging the ship but also include some income. When these awards don’t pay out, or you struggle to get the title to an abandoned boat, you should consult an experienced maritime attorney. A maritime attorney can help you claim salvage rights, negotiate permits, or fight for the compensation you deserve.
When to Contact a Miami Maritime Attorney
Abandoned boats are a danger to all, including the environment, but owners are responsible for removing any damaged or derelict vessels from our waterways. If one has the ability to salvage it, they should and sometimes are handsomely rewarded. If you ever find yourself in the middle of a legal battle with maritime matters, Mase Seitz Briggs can help you navigate these complex laws. Salvage comes with many definitions depending on the circumstances, but when it comes to derelict and abandoned vessels, the legal issues can be lengthy. Mase Seitz Briggs has the highest level of personal service, professionalism, and case preparation for each claim we represent. Contact us today to get started on your case.