FLOATING STRUCTURES

Jacksonville Ordinance Code tit. X, ch. 388, pt. 2

in effect

Jacksonville Ordinance Code § 388.201 Prohibitions; Exceptions.

Sec. 388.201. - Prohibitions; Exceptions. (a) Except in case of emergency, a person may not anchor, moor, or ground, or allow to be anchored, moored, or aground, a floating structure on the waters of the county. (b) Except in case of emergency, a person may not anchor, moor, or ground, or allow to be anchored, moored, or aground, a floating structure on the waters of the county in a manner which unreasonably or unnecessarily constitutes a navigational hazard, hinders access to a public right-of-way or to public utilities, or creates an imminent danger to public safety or to the environment. (c) It is unlawful for any person who finds any lost or abandoned floating structure anchored, moored, or aground, on the waters of the county to appropriate the same to his or her own use or to refuse to deliver the same when required by law. Any person who unlawfully appropriates a lost or abandoned floating structure to his or her own use, or refuses to deliver such property when required, commits theft, as defined in F.S. § 812.014, punishable as provided by law. As used in this subsection, the terms, abandoned floating structure and lost floating structure, are defined in Section 388.206(e), Ordinance Code. (d) Commercial or governmental floating structures that are designed for, and in use by, a licensed marine contractor for water-dependent construction or shoreside vessel operation are exempt from the prohibition on floating structures under subsection (a). However, inactivity of such a floating structure anchored or moored on the waters of the county outside of a commercial marina or a sovereign submerged land lease for a period greater than ten days within a 30-day period, within an eight nautical mile radius, will be considered to be not in use by a licensed marine contractor.(e) Floating structures on the waters of the county owned or operated by the City of Jacksonville to which watercraft are permitted to be moored, such as within the definition of dock, in Section 28.701, Ordinance Code, are exempt from the prohibition on floating structures under this Part. (Ord. 2025-432-E, § 3)

Jacksonville Ordinance Code § 388.202 Investigations; Inspections; Emergency Right of Entry.

Sec. 388.202. - Investigations; Inspections; Emergency Right of Entry. (a) A code enforcement officer or law enforcement officer has the authority to conduct investigations of a floating structure, when such floating structure is anchored, moored, or aground, on the waters of the county. The term officer as used in this Part refers to either or both, a code enforcement officer or a law enforcement officer. (b) Reporting lost or abandoned floating structures. Whenever any person finds any lost or abandoned floating structure, such person may report the description and location of the floating structure to the Director of the Parks, Recreation & Community Services Department, or designee, or to a law enforcement officer who shall deliver a copy of the report to the Director of the Parks, Recreation & Community Services Department, or designee. The person taking the report shall ascertain whether the person reporting the floating structure wishes to make a claim to it if the rightful owner cannot be identified or located. If the person does wish to make such claim, he or she shall deposit with the City a reasonable sum sufficient to cover the cost for transportation, storage, and publication of notice. This sum shall be reimbursed to the finder by the rightful owner should he or she identify and reclaim the lost floating structure. (c) An officer investigating a floating structure pursuant to this Part shall make a reasonable inquiry to ascertain the name and address of the owner and any lien holder. (d) Except as provided below, an officer may not board or make an inspection of a floating structure in the enforcement of this Part, unless: (1) Consent for the inspection is received from the owner, operator, or person in charge; or (2) The appropriate warrant, as provided in F.S. Ch. 933, is obtained. (e) In the event of an emergency or extreme hazard which may involve the loss of life or severe property damage, or to otherwise assure the maintenance of public health and safety, including the floating structure posing or reasonably likely to become a navigational hazard, and under circumstances which preclude reference to a court or magistrate for a warrant, a law enforcement officer may enter upon a floating structure without warrant for the limited purpose of such emergency action as the circumstances may require to avert the emergency. This provision shall not authorize action which could, consistent with the public interest, be deferred pending the obtaining of a warrant. (f) This Section does not prohibit the lawful right of entry or inspection of a floating structure pursuant to any other provision of law or rule. (Ord. 2025-432-E, § 3)

Jacksonville Ordinance Code § 388.203 Notice of Violation; Form and service of notice.

Sec. 388.203. - Notice of Violation; Form and service of notice. (a) Whenever a code enforcement officer or law enforcement officer has reasonable cause to believe that a floating structure exists on the waters of the county in violation of this Part, the officer shall cause notice of violation to be served upon the owner, operator, or other person legally responsible for the floating structure. The officer may also provide a copy of the notice of violation to the owner of any non-public land adjacent to which such a floating structure is anchored, moored or aground. (b) Notice of violation shall be in writing, shall specify the violation alleged with reference to the relevant ordinance, and shall direct that the floating structure be removed from the waters of the county within a reasonable time, not less than five days otherwise a citation may be issued to the owner, operator, or other person legally responsible for the floating structure. Notice shall include that a person who has been issued a citation may request a hearing in the County Court to challenge a citation issued. Notice shall include a conspicuous statement in substantially the following form: IF THE OWNER OR OPERATOR HAS NOT REMOVED THIS FLOATING STRUCTURE FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 21 DAYS OF THE DATE OF THIS NOTICE THIS FLOATING STRUCTURE WILL BE REMOVED AND DISPOSED OF AS LOST OR ABANDONED PROPERTY PURSUANT TO CHAPTER 705, FLORIDA STATUTES, OR SECTION 388.206, ORDINANCE CODE. The notice shall also inform that in addition to fines and penalties, the owner, operator, or other person legally responsible for the floating structure may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of a floating structure; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 2, Ordinance Code. (c) Service of notice of violation required by this Part shall be provided as follows: (1) If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, notice shall be provided by: a. Certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the floating structure is owned by a corporation, notices may be provided by certified mail to the registered agent of the corporation. If notice sent by certified mail is not signed as received within 14 days after the postmarked date of mailing, notice may be provided by posting as described in subparagraph (2); b. Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer; c. Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the notice at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the notice; or, d. In the case of commercial premises, leaving the notice with the manager or other person in charge. (2) If the owner, operator, or other person legally responsible for the floating structure is not known or cannot be ascertained upon reasonable inquiry such notice shall be posted in the following two locations for a period of 21 days: a. Conspicuously posted to the floating structure; and b. Posted at the primary municipal government office. If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, in addition to providing notice or attempting notice as set forth in subsection (1), notice may be served by posting as described in this subsection. (3) In addition to providing notice as set forth in subsection (1) or (2), notice may be served by publication, if published in print in a newspaper or on a publicly accessible website, as provided in F.S. § 50.0311, for three consecutive weeks. If published in print, the notice shall be published once during each week for three consecutive weeks (three publications being sufficient) in a newspaper in the County, such newspaper shall meet such requirements as are prescribed under F.S. Ch. 50 for legal and official advertisements. (d) Failure in notification to the owner of any non-public land adjacent to which a floating structure is anchored, moored or aground is not grounds to invalidate otherwise lawful service upon the owner, operator, or other person legally responsible for the floating structure. (e) A copy of the notice of violation shall be sent to the lien holder, if any, by certified mail, return receipt requested, on the same day as posting, mailing or publishing, or as soon as practicable thereafter. Failure in notice to the lien holder, if any, does not invalidate an otherwise validly issued citation. (f) Notice by posting or publishing may run concurrently with, or may follow, an attempt or attempts to provide notice by hand delivery or by mail as required under subsection (c). (g) Evidence that an attempt has been made to hand deliver or mail notice as provided in subsection (c)(1), together with proof of posting as provided in subsection (c)(2), shall be sufficient to show that the notice requirements of this Part have been met, without regard to whether or not the alleged violator actually received such notice. (h) Proof of posting or publishing shall be by affidavit of the person posting or publishing the notice, which affidavit shall include a copy of the notice, posted or published, and the dates and locations of posting or publishing. (i) Notice of violation posted to a floating structure shall be not less than eight inches by ten inches and shall be sufficiently weatherproof to withstand normal exposure to the elements, and shall be in substantially the following form: NOTICE TO THE OWNER AND ALL PERSONS WITH LEGAL INTEREST IN THE ATTACHED PROPERTY. There is reasonable cause to believe that this floating structure, to wit: (describe the floating structure) is in violation of Section 388.201, Ordinance Code, and is unlawfully on the waters of the county, to wit: (setting forth brief description of location). THIS FLOATING STRUCTURE MUST BE REMOVED FROM THE WATERS OF THE COUNTY WITHIN 5 DAYS OF THE POSTING OF THIS NOTICE OTHERWISE A CITATION MAY BE ISSUED. A person to whom a citation is issued may request a hearing in the County court to challenge the citation. IF THE OWNER OR OPERATOR HAS NOT REMOVED THIS FLOATING STRUCTURE FROM THE WATERS OF THE COUNTY OR SHOWN REASONABLE CAUSE FOR FAILURE TO DO SO WITHIN 21 DAYS OF THE DATE OF THIS NOTICE THIS FLOATING STRUCTURE WILL BE REMOVED AND DISPOSED OF AS LOST OR ABANDONED PROPERTY, PURSUANT TO CHAPTER 705, FLORIDA STATUTES OR SECTION 388.206, ORDINANCE CODE. The owner, operator or other person legally responsible for the floating structure being unlawfully on the waters of the county may be liable for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of the floating structure; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 2, Ordinance Code. Dated this: (setting forth the date of posting of notice) Signed: (setting forth name, title, address, and telephone number of officer). (Ord. 2025-432-E, § 3)

Jacksonville Ordinance Code § 388.204 Citations; Form and service of citation.

Sec. 388.204. - Citations; Form and service of citation. (a) Whenever an officer has reasonable cause to believe that a floating structure exists on the waters of the county in violation of this Part, after notification of violation and after the time period for the opportunity for the violator to correct the violation, if required in Section 388.203, such officer has the authority to issue a citation consistent with this Part. (b) If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, service of a citation shall be effectuated upon such person by: (1) Certified mail, return receipt requested, to the address listed in the tax collector's office for tax notices or to the address listed in the County property appraiser's database. If the floating structure is owned by a corporation, citations may be provided by certified mail to the registered agent of the corporation. If any citation sent by certified mail is not signed as received within 15 days after the postmarked date of mailing, the citation may be posted in a weatherproof covering in a conspicuous location upon the floating structure; (2) Hand delivery by the sheriff or other law enforcement officer, or code enforcement officer; (3) Certified mail, return receipt requested, to the person's usual place of residence, if known; or leaving the citation at the person's usual place of residence with any person residing therein who is above 15 years of age and informing such person of the contents of the citation; or, (4) In the case of commercial premises, leaving the citation with the manager or other person in charge. (c) A citation issued under this Part shall contain: (1) The date and time of issuance. (2) The name and address of the person to whom the citation is issued. (3) The date and time the infraction was committed. (4) G.P.S. coordinates and a general description of the location of the violation. (5) The facts constituting reasonable cause to believe the violation has been committed. (6) The number or Section of the Ordinance Code which has been violated. (7) The name and authority of the officer issuing the citation. (8) The procedure for the person to follow in order to pay the civil penalty or to contest the citation, which may include a reference to the Jacksonville.gov webpage that contains such information. (9) The applicable civil penalty if the person elects to contest the citation, and the applicable civil penalty if the person elects not to contest the citation. (10) A conspicuous statement that if the person fails to pay the civil penalty within the time allowed, or fails to appear in court to contest the citation, he or she shall be deemed to have waived the right to contest the citation and that, in such case, judgement may be entered against the person for an amount up to the maximum civil penalty. (11) A conspicuous statement that in addition to any penalties under law, the City may recover from the owner, operator or other responsible person for all costs incurred by the City to abate the violation, as described in Section 388.103(l), Ordinance Code, which may include costs to relocate, remove, store, destroy or dispose of the floating structure; costs to remediate or mitigate damage or threatened damage to the environment caused by the violation; costs to remediate or mitigate litter or debris caused by the violation; and the costs of enforcement of Chapter 388, Part 2, Ordinance Code. (d) Within five days after issuing a citation, the issuing officer shall deposit the original and one copy of the citation with the County Court and shall transmit a copy of the citation to the Director of the Parks, Recreation & Community Services Department, or designee. (e) The County Court in and for the Fourth Judicial Circuit is the Court of competent jurisdiction for citations issued pursuant to this Part. (Ord. 2025-432-E, § 3)

Jacksonville Ordinance Code § 388.205 Penalties.

Sec. 388.205. - Penalties. (a) Notwithstanding Chapter 609, Ordinance Code, any person who causes or knowingly allows a floating structure to be anchored, moored, or grounded, on the waters of the county, in violation of Section 388.201(a), shall be guilty of a violation of this Part as a Class C offense, as described in Section 609.109, Ordinance Code. The penalty for a second violation within three years shall be twice the amount of the first offender fine. The penalty for a third or subsequent violation within five years shall be three times the amount of the first offender fine. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation. (b) Notwithstanding Chapter 609, Ordinance Code, any person who causes or knowingly allows a floating structure to be anchored, moored, or grounded, on the waters of the county which results in damage to the property of another, or causes or knowingly allows a floating structure to be anchored, moored, or grounded, on the waters of the county in violation of Section 388.201(b), or willfully abandons a floating structure on the waters of the county, shall be guilty of a violation of this Part as a Class D offense, as described in Section 609.109, Ordinance Code. The penalty for a subsequent violation within five years shall be punishable as a misdemeanor by a fine of up to $500 per violation and a definite term of imprisonment of not more than 60 days, as provided in F.S. § 125.69. The penalty shall be in addition to restitution for damage to the property of another and all costs incurred by the City to abate the violation. (c) The penalties under this Section are in addition to other penalties provided by law. (d) As used in this subsection, all costs incurred by the City to abate the violation means as described in Section 388.103(l), Ordinance Code. The City shall have the right to utilize any available method under the law to recover such costs. Recovered costs for abatement of a violation of this Part shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787, Ordinance Code. (e) Each day during any portion of which a violation of this Part occurs shall constitute a separate offense. (Ord. 2025-432-E, § 3)

Jacksonville Ordinance Code § 388.206 Relocation, removal, and other disposition of floating structures.

Sec. 388.206. - Relocation, removal, and other disposition of floating structures. (a) When a law enforcement officer determines that a floating structure constitutes an immediate hazard to navigation, the environment, or to public health, safety, and welfare, the officer may immediately remove or relocate, but not destroy, the floating structure. As soon as practicable thereafter, notice of violation shall be provided as described in Section 388.203, and notice shall include the location where the floating structure is being held and the reason for removal or relocation, and how to reclaim the vessel, including that the owner or other interested party with legal standing on the disposition of the floating structure must make a claim to the floating structure within 21 days of notice of removal or relocation and must pay the costs for removal, relocation and storage, within 30 days of the attempt to reclaim the floating structure. The owner, operator, or other person legally responsible for the floating structure is liable to the City for all costs incurred by the City to abate the violation, as described in Section 388.103(l). Relocation or removal under this subsection does not prevent the issuance of a citation under this Part. (b) If the owner, operator, or other person legally responsible for the floating structure is known or ascertained by reasonable inquiry, and either, (1) The owner, operator, or other person legally responsible for the floating structure has disavowed responsibility for the floating structure and no other owner or other interested party with legal standing on the disposition of the floating structure is known; or (2) After service of the notice of violation has been attempted as provided in Section 388.203, and the term of days to correct the violation has lapsed under Section 388.203, and the term of days to contest an issued citation has lapsed, and no person has come forward in response to the notice or citation; the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e). (c) If the owner, operator, or other person legally responsible for the floating structure is not known or cannot be ascertained upon reasonable inquiry, and notice of violation has been attempted as provided in Section 388.203, and the term of days to correct the violation has lapsed under Section 388.203, and no person has come forward to take responsibility for the floating structure, the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e). (d) If, at the end of 21 days after service of the notice of violation as provided in Section 388.203, and the term of days to correct the violation has lapsed under Section 388.203, and the term of days to contest an issued citation has lapsed, the owner, operator, or other person legally responsible for the floating structure has not removed the floating structure from the waters of the county or shown reasonable cause for failure to do so, the floating structure may be designated as a Lost Floating Structure or Abandoned Floating Structure, subject to subsection (e). (e) An Abandoned Floating Structure or Lost Floating Structure is tangible personal property, pursuant to F.S. § 192.001(17). As the used in this Part, an Abandoned Floating Structure or a Lost Floating Structure, is "abandoned property" and "lost property," respectively, as defined in F.S. § 705.101. An Abandoned Floating Structure or a Lost Floating Structure may be removed or relocated by a law enforcement officer, and, (1) As to an Abandoned Floating Structure, the City may retain the property for its own use or for use, trade the property to another unit of local government or state agency, donate the property to a charitable organization, sell the property, or dispose of the property. (2) As to a Lost Floating Structure, the City shall take custody and the agency shall retain custody of the property for 90 days, and shall publish notice of the intended disposition of the property during the first 45 days of this time period, as provided: a. If the City elects to retain the property for use by the unit of government, donate the property to a charitable organization, surrender such property to the finder, sell the property, or trade the property to another unit of local government or state agency, notice of such election shall be given by an advertisement published once a week for two consecutive weeks in a newspaper of general circulation in the County where the property was found if the value of the property is more than $100. If the value of the property is $100 or less, notice shall be given by posting a description of the property at the law enforcement agency where the property was turned in. The notice must be posted for not less than two consecutive weeks in a public place designated by the law enforcement agency. The notice must describe the property in a manner reasonably adequate to permit the rightful owner of the property to claim it. b. If the City elects to sell the property, it must do so at public sale by competitive bidding. Notice of the time and place of the sale shall be given by an advertisement of the sale published once a week for two consecutive weeks in a newspaper of general circulation in the County where the sale is to be held. The notice shall include a statement that the sale shall be subject to any and all liens. The sale must be held at the nearest suitable place to that where the lost or abandoned property is held or stored. The advertisement must include a description of the goods and the time and place of the sale. The sale may take place no earlier than ten days after the final publication. Notice of the intended disposition shall describe the property in a manner reasonably adequate to permit the rightful owner of the property to identify it. (f) If a Lost Floating Structure is sold at public sale pursuant to subsection (e)(2)b, the City shall deduct from the proceeds the costs of transportation, storage, and publication of notice, including all costs incurred by the City to abate the violation, as described in Section 388.103(l), and any balance of proceeds shall be deposited into an interest-bearing account not later than 30 days after the date of the sale and held there for 1 year. The City shall provide a bill of sale clearly stating that the sale is subject to any and all liens. The rightful owner of the property may claim the balance of the proceeds within 1 year from the date of the above stated deposit by making application to the agency. If no rightful owner comes forward with a claim to the property within the designated year, the balance of the proceeds shall be deposited into the Derelict and Abandoned Vessel and Floating Structure Enforcement and Removal Trust Fund, Section 111.787. (g) The owner, operator, or other person legally responsible for the floating structure, who, after notice of violation as provided in Section 388.203, does not remove such vessel within the specified period is liable to the City for all costs incurred by the City to abate the violation, as described in Section 388.103(l), less any salvage value obtained by disposal of the floating structure. Upon final disposition of the floating structure, the City shall notify the owner or other interested party with legal standing on the disposition of the floating structure, if known, of the amount owed. Notice shall be effectuated by the methods described for notice of violation in this Part. If the rightful owner does not pay such costs within 30 days of making claim to the property, the property shall vest with the City and the City may recover the costs as provided in Section 388.103(l). (h) Employees of any state, county, or municipal agency shall be deemed agents of such governmental entity, and a Lost or Abandoned Floating Structure found by them during the course of their official duties shall be turned in to the proper person or department designated to receive such property by the governmental entity. Such property shall be subject to the provisions of this Part, or F.S. Ch. 705, after which, if unclaimed by the rightful owner, the title to such property shall be vested in the state, county, or municipality and not in the employee. (Ord. 2025-432-E, § 3)

Source: City of Jacksonville, Ordinance Code and Charter and Related Laws (Municode Library, library.municode.com)URL: https://library.municode.com/fl/jacksonville/codes/code_of_ordinances?nodeId=TITXENAF_CH388BOWA_PT2FLSTFetched: 10/27/2026