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Old 10-12-2008, 13:13   #46
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Great work Mangomuffins, did you send it to the FWC as comments on their proposed changes?
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Old 10-12-2008, 13:36   #47
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mangomuffin, I can tell you first hand that the FWC officer in Vero Beach or the Miami-Dade Sheriffs deputy will tell you he does not give a rats ass and if you don't move he will fine you, arrest you, or whatever penalties the local ordinance provides for and if you want to take it to the Supreme Court, go for it, after you move.
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Old 10-12-2008, 13:45   #48
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Originally Posted by Chuck Baier View Post
mangomuffin, I can tell you first hand that the FWC officer in Vero Beach or the Miami-Dade Sheriffs deputy will tell you he does not give a rats ass and if you don't move he will fine you, arrest you, or whatever penalties the local ordinance provides for and if you want to take it to the Supreme Court, go for it, after you move.
anyone wanna chip for the legal fund?
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Old 10-12-2008, 13:46   #49
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Great work Mangomuffins, did you send it to the FWC as comments on their proposed changes?
no, but good idea...
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Old 10-12-2008, 15:56   #50
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So why is a federal officer, constrained by federal law, enforcing state mandates?
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Old 10-12-2008, 16:02   #51
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So why is a federal officer, constrained by federal law, enforcing state mandates?
And who might that Federal Officer be?
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Old 10-12-2008, 16:02   #52
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I think if you were to put the phone numbers and email adresses of politicoes supporting stricter controls here , and boaters were to send their objections to those numbers at every opportunity, several times a day, the sqeaky wheel would tend to get the grease.
Again, overpopulation has been identifiued as the cause of the problem. I have been telling doctors for years "What you guys need to come up with is either a 15 years after pill, or a retroactive vasectomy."
Brent
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Old 10-12-2008, 16:07   #53
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I think if you were to put the phone numbers and email adresses of politicoes supporting stricter controls here , and boaters were to send their objections to those numbers at every opportunity, several times a day, the sqeaky wheel would tend to get the grease.
Again, overpopulation has been identifiued as the cause of the problem. I have been telling doctors for years "What you guys need to come up with is either a 15 years after pill, or a retroactive vasectomy."
Brent

I am not sure where you developed this overpopulation thing unless you are affiliated with Planned Parenthood and that has nothing to do with it either. This is a matter of some very wealthy OLDER landowners with political connections and large donations to campaigns demanding politicians stop us from anchoring off their bulkheads. I can't find by any stretch of my imagination how population control enters into it. Who and where do you find any information that population affects anchoring restrictions in Floriduh?
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Old 10-12-2008, 16:24   #54
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Too many people fighting over to little space. Doesn't take a rocket scientist to figure that out.
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Old 10-12-2008, 20:20   #55
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The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States,…. (and) to all cases of admiralty and maritime jurisdiction…”

Federal law is enforced by federal law enforcement.
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Old 10-12-2008, 20:23   #56
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The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States,…. (and) to all cases of admiralty and maritime jurisdiction…”

Federal law. Federal law enforcement cvalled the WaTER

Runner, I guess it is getting late and the brain is not functioning but I am not understanding your posts or what you are trying to say. The only Federal Law Enforcement on the water are the US Coast Guard and Homeland Security and they are not enforcing Floriduh anchoring restrictions.
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Old 10-12-2008, 20:25   #57
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What I am saying is that if that water patrol is not a federal employee, he can not legally do anything on the water but drive his own boat.
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Old 10-12-2008, 20:29   #58
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What I am saying is that if that water patrol is not a federal employee, he can not legally do anything on the water but drive his own boat.
Tell you what, The next time a Law Enforcement officer with a gun comes over to your boat and orders you to do something like move, you tell him he can only drive his boat, and when you get out, come back and tell us about it. In Floriduh, FWC, Sheriffs Dept., and State police ALL have legal jurisdiction on the waterways. Not sure where you get your info from.
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Old 11-12-2008, 06:37   #59
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For anybody with plenty of time on their hands, here is some in depth writing on the laws pertaining here:



One aspect that provides the most problems for who is in charge lies here:

Under the Submerged Lands Act (SLA),21 ownership of submerged lands and control of
the overlying waters was transferred to the states, subject to a reservation of significant power by
the federal government.22 The SLA recognized, confirmed, and established each state's claim of
title and ownership23 as well as management and administrative responsibility24 over submerged
lands beneath navigable waters. The Supreme Court has characterized the SLA as a transfer to the
states of rights to “submerged lands and waters”.25 Congress’ goal in passing the SLA was to
decentralize management of coastal areas and foster greater local control to better meet the needs
of the state and boaters.26 Congress stated that because management of submerged lands is directly
tied to local activities, “any conflict of interest arising from the use of the submerged lands should
be and can best be solved by local authorities.”27 The SLA, however, expressly reserved in the
federal government the power to regulate these lands for the purposes of “commerce, navigation,
national defense, and international affairs.”28 Several other statutes implement that authority.


The State of Florida has successfully argued in one federal district court case involving
anchoring that the Coastal Zone Management Act authorizes local regulations such as prohibitions
on anchoring.
44 In Murphy v. Dept. of Natural Resources, residents of an area known as
“houseboat row” in Key West filed a suit seeking a declaratory judgment that Florida Statutes
Sections 253.67 through 253.71
45 were unconstitutional because the “State’s control over the
water column is narrowly circumscribed by federal law.”
46 The state maintained that it had
authority to regulate anchoring because the water and the land underneath the water had been
passed on to the state by the federal government in the Submerged Lands Act.
47 The court agreed
with the state, finding that the state’s exercise of control over the water column as an incident to
its ownership of sovereign submerged lands was specifically sanctioned in the Coastal Zone

Management Act.
48
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Old 11-12-2008, 18:16   #60
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Very good info! Runs directly counter to constitutional law, but that is no shock to anyone anymore.
As far as telling cops to go jump when they get out of hand, I have been doing it all my life and I am too old to learn new tricks. They point a gun at me and I spread my arms wide to give them a good shot. Then I expect polite answeres to my questions, and I get them. Earlier today I told a Chief of Police that his so called training officer was a punk. He did not like it a lot, but since I had broken no law, all he could do was huff and puff. When he wound down and actually stopped trying to run over me, we had a very good talk and I have his card and number in my wallet. I don't let any man push me around or bully me, and yes, I will go to jail in defense of my rights! I have a very hard time stomaching even watching people bowing down to rude ignorant arrogant law enforcement. The cops around here will tell you to be polite when talking to me and I will do everything you ask. They will also tell you straight up that I am old school and will knock a deserving fool down in a heartbeat. That includes them if they start that yelling in my face thing they train them to do for crowd control these days. When they open their mouths and show themselves to be no more than thugs, I treat them as such. If they have to deal with me, they do it by starting with a handshake and an inquiry about the family. That took a few encounters to work out, and I have two scars over my left eye from two of those discussions. I have been beaten with slapjacks, batons, and had the phone books used on me. All that does is make me mad.
Manners allow us to exist together without killing each other. Just cause your job title is Cop does not mean you rate anything more than the clerk at the local deli! In my case, I would rather rot in jail than crawl to some jerk of a cop because he doesn't like me being me! A badge doesn't make you right, and there are still some of us that will stand up straight and tell them that!
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