Originally Posted by zboss
...The point is... if they get this crazy about a 64 square inch space in their front yard just imagine how they get with a truly derelict boat out back.
Trying to get a little closer to the topic again.
I would imagine that they would be just as upset and for exactly the same reason: they are under the mistaken impression that they own the land that the cable company wants to use or that they have any control over the water
behind their house.
The area where the cable company puts its box is on an easement that belongs to the local government
(whatever that may be). The water
behind their house, and in Florida
(with very few exceptions), even the land behind their house below the mean high water mark belongs to the state as well.
I have lived in Florida
my entire life and have owned property here for most of my adult life. Some of that property has been waterfront property. That being said, I understand that my property rights end at my property line. I may not like what is happening out on the easement or what is anchored out back but that does not give me any right to dictate or restrict any otherwise lawful use of a piece of property which I do not own.
The issue of dealing with derelict boats should not be confused with the issue of people not wanting to look at derelict boats. Derelict boats are a problem and there are already laws on the books
in Florida to deal with them.
Florida currently defines a derelict vessel as one that is:
1. In a wrecked, junked, or substantially dismantled condition upon any public waters of this state.
2. At a port in this state without the consent of the agency having jurisdiction thereof.
3. Docked, grounded, or beached upon the property of another without the consent of the owner of the property
It is unlawful to store, leave or abandon a derelict vessel in the state (1st degree misdemeanor). FWC, local police departments, local sheriff's departments - pretty much anyone who carries a gun and can arrest you - is authorized to remove a derelict vessel.
I'm not saying that the definition is a perfect one, but I do see a lot of vessels that unambiguously fit it which are not being dealt with under the existing law.
The OP specifically mentioned a boat which was sitting on the bottom and five others which appeared to be partially dismantled. For the sake of argument I'll concede that all six fit the legal
definition of a derelict vessel under Florida law. That means that the Florida Fish
and Wildlife commission, Monroe County Sheriff's Department and perhaps a municipal police department all have jurisdiction to have any or all of them removed right now under the existing law.