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Old 08-12-2013, 23:10   #106
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Originally Posted by CaptForce View Post
The primary targets are those that break the law. .....dropping an anchor on a coral reef; motoring at a four foot draft through a bed of "turtle grass" that is four feet deep; anchoring without a proper anchor light; anchoring in a channel; a lack of registration/documentation or safety equipment. I do not have direct evidence, but I suspect that boats which appear as a means of cheap housing rather than active cruising boats are subject to more scrutiny. I've been a part time resident of the Keys since the fifties and cruising/anchoring there since the seventies without ever being questioned or approached by any authority, so I might not have the experience to give good advice, but my lack of experience with law enforcement is a message too!

The OP was clearly talking about the moorings at City Marina: so no coral reef, no turtle grass, ... He explained clearly what was the object of the tickets like for " wet life jackets" (!!!)
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Old 08-12-2013, 23:16   #107
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Re: Civil Rights Attorney Needed Marathon FL

I know that up in the Coconut Grove area, there have been some outboard & fuel thefts recently. The launch boats there now shine a light on anyone that they don't recognize in hopes of catching the low life thieves in action. Maybe the same thieves have been working a little further south now that the heat is on them in Miami? Maybe the FWC guys are trying to catch them there?
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Old 08-12-2013, 23:27   #108
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Re: Civil Rights Attorney Needed Marathon FL

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With respect to Florida registration there is no grace period if you do not have the boat registered in some state. The 90 day rule only applies to a boat with a current out of state registration. If it is from a state where registration of documented boats is not done or optional you can be required to purchase a Florida registration the second you cross into Florida waters.
I think that there is actually a 30 day grace period for getting a newly purchased boat registered & lettered in Florida if it is not registered elsewhere. I believe that the dated bill of sale will get you by for those 30 days.

Florida Boating Regulations
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Old 09-12-2013, 04:33   #109
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Re: Civil Rights Attorney Needed Marathon FL

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I think that there is actually a 30 day grace period for getting a newly purchased boat registered & lettered in Florida if it is not registered elsewhere. I believe that the dated bill of sale will get you by for those 30 days.

Florida Boating Regulations
Are you saying that an US documented vessel cannot pass through Florida? I'v been out of the US for 20 years and this is the first I heard of this.
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Old 09-12-2013, 05:46   #110
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Re: Civil Rights Attorney Needed Marathon FL

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Can you clarify this last part? You just got done saying the only reason they could board you is if you give them permission, they are inspecting your head, or are deputized by the Uscg. Now you say they can pull you over to inspect safety equipment. Can they board you under that pretenses as well? Please clarify and thanks for the info.
Pulling you over is not the same as boarding. If you can produce all of the required safety equipment and documentation at the rail they have no "right" to board you. Florida Statute 327 covers what they can and cannot do. It is available on line and is not that complicated to read.

Chapter 327 - 2013 Florida Statutes - The Florida Senate

A common revenue generating ploy in Florida is the ticket they give you when you don't have the "Y" valve locked in the closed position. The fine for that is $50. The fine for having it in the open position is $250. Cops in Florida write the $250 ticket every time as far as I can tell. I've never heard of anyone getting the $50 ticket. They're hoping you'll just pay the fine rather than fighting it in court.

Jubilee39; You can pass through Florida with a federally documented vessel, you just can't do it for free if you don't have a state registration in force as well. If Florida Law enforcement officers catch you they will require you to register your boat in the state of Florida. The only exception seems to be that you can bring it in for repairs, but you need to be able to show that you are proceeding to a boatyard or from one. There is a document the boatyard can give you to allow you to get from the boat yard to the border. Also if you buy a boat in Florida and are moving it to another state this same document is available from the broker and gives you 90 days to remove the boat from the state or pay for registration and sales tax. If you don't have the paper you have the document from the boatyard or broker then you are immediately required to have the registration.
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Old 09-12-2013, 06:11   #111
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Re: Civil Rights Attorney Needed Marathon FL

To anyone who thinks there is a legit reason for the boarding hasn't been through Florida. They will board your boat without probable cause, and most don't care to see your safety gear they just want to check your head. There is now court cases outlawing this. I believe it was in the great lakes where boats were getting boarded but different agencies multiple times in the same day for the same reasons. The courts have told a few states they can not harress law abiding citizens and passed laws against it. Hope it helps everyone.

Mike S/V BAY TRIPPER
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Old 09-12-2013, 07:14   #112
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Re: Civil Rights Attorney Needed Marathon FL

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Jubilee39; You can pass through Florida with a federally documented vessel, you just can't do it for free if you don't have a state registration in force as well. If Florida Law enforcement officers catch you they will require you to register your boat in the state of Florida. The only exception seems to be that you can bring it in for repairs, but you need to be able to show that you are proceeding to a boatyard or from one. There is a document the boatyard can give you to allow you to get from the boat yard to the border. Also if you buy a boat in Florida and are moving it to another state this same document is available from the broker and gives you 90 days to remove the boat from the state or pay for registration and sales tax. If you don't have the paper you have the document from the boatyard or broker then you are immediately required to have the registration.
I don't agree with this. Reading the attached, it states at the bottom of page 3 about exemptions to registration:

http://www.flhsmv.gov/dmv/FFFVO.pdf

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..... or by the United States Coast Guard in a state without a federally approved numbering system, provided that the vessels are not operated in Florida waters more than 90 consecutive days.
This reads that if you are a USCG documented vessel from a state that does not require such vessels to be state registered, you still have 89 days in Florida for free.
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Old 09-12-2013, 07:39   #113
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Re: Civil Rights Attorney Needed Marathon FL

SV Destiny & Alecadi, You must have overlooked Gemini Dreams post # 97 which I was clearly responding to when I was listing the behaviors that are more likely to cause difficulties with law enforcement when "cruising through" the area. By answering Gemini Dreams' question I was not intending to disregard Thin Line's complaint and I have not suggested that my lack of harassment by Florida law enforcement is everyone's experience. Too often people respond quickly without reading. I still believe, as I have stated earlier, that the best response to the haraasment in Marathon would be to document and report these occurances.
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Old 09-12-2013, 07:48   #114
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Re: Civil Rights Attorney Needed Marathon FL

Civil rights lawyer from Lawyers.com
Welcome To Vernis & Bowling :: Attorneys At Law • 1970

Walton Lantaff Schroeder & Carson LLP | Trusted in Florida Since 1934

These guys have fancy websites So may require $$$$
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Old 09-12-2013, 08:04   #115
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Re: Civil Rights Attorney Needed Marathon FL

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sorry do not want to sidetrack this most imporant issue but i felt i must reply to the above - i apologize for not staying on track


DotDun -- you have got to be kidding -- not sure where you sail but we have done the entire caribbean except Venezuela --and it is a lot safer than when we lived in Miami -- of course i did not take vacations in Iraq either (my son did twice through with the USMC) - i would not take a vacation in Chicago -- have you been to East St Louis - i have and had to work at night there doing some consulting and that was dangerous

as for the attacks in grenadines - so there was one - how many muggings happened in miami last night?? Please get real -

we have been all over the caribbean and only in Trinidad did we spend a bit more time being careful
we sailed across the atlantic and now in Tunisia and travelled to within a few miles of the Libyan border and were perfectly safe -

Get out of America and you will see just how safe the rest of the world in for the most part -- i know the Dept of State puts travels warnings up but did you know some countries are putting travel warnings on the USA for places like NYC, Chicago, LA, Miami and others

give me a break
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Old 09-12-2013, 08:15   #116
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Re: Civil Rights Attorney Needed Marathon FL

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...
as for the attacks in grenadines - so there was one - how many muggings happened in miami last night??
scanning the news this morning, I don't see any attacks on cruisers last night in Miami
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Old 09-12-2013, 08:21   #117
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Re: Civil Rights Attorney Needed Marathon FL

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SV Destiny & Alecadi, You must have overlooked Gemini Dreams post # 97 which I was clearly responding to when I was listing the behaviors that are more likely to cause difficulties with law enforcement when "cruising through" the area. By answering Gemini Dreams' question I was not intending to disregard Thin Line's complaint and I have not suggested that my lack of harassment by Florida law enforcement is everyone's experience. Too often people respond quickly without reading. I still believe, as I have stated earlier, that the best response to the haraasment in Marathon would be to document and report these occurances.
Thank you for clarifying and I apologize if I wasn't as nice as I could be.
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Old 09-12-2013, 09:42   #118
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SV Destiny & Alecadi, You must have overlooked Gemini Dreams post # 97 which I was clearly responding to when I was listing the behaviors that are more likely to cause difficulties with law enforcement when "cruising through" the area. By answering Gemini Dreams' question I was not intending to disregard Thin Line's complaint and I have not suggested that my lack of harassment by Florida law enforcement is everyone's experience. Too often people respond quickly without reading. I still believe, as I have stated earlier, that the best response to the haraasment in Marathon would be to document and report these occurances.
Respectfully I understood you were answering Gemini Dreams and I was explaining that Thin Line was not talking of the cases you were talking about in your answer but totally different cases as the harassment by FWC officers, as described by the OP, is directed mainly toward boats at the moorings at City Marina. No coral reef there etc...
Did I miss something?
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Old 09-12-2013, 09:59   #119
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Re: Civil Rights Attorney Needed Marathon FL

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Civil rights lawyer from Lawyers.com
Welcome To Vernis & Bowling :: Attorneys At Law • 1970

Walton Lantaff Schroeder & Carson LLP | Trusted in Florida Since 1934

These guys have fancy websites So may require $$$$
Not to disparage civil rights lawyers but I would not approach this as a civil rights issue. FWC is an agency in the state of Florida so I would be looking for an administrative law attorney who not only knows administrative law but also has connections with the government in Tallahassee.

As I posted earlier the State of Florida spends significant dollars to attract folks to the state and there are posts in this thread that support the claim that the FWC actions at the City Marina have discouraged some folks from visiting Florida.

Instead of fighting FWC directly it may be more productive to get agencies in the Florida state government involved and bring pressure on FWC from those agencies and Gov. Scott. The local Marathon government has an interest in not losing City Marina customers and would probably be the best way to bring pressure quickly. If the City of Marathon does not have a staff attorney they wish to use I would suggest these guys as they have lots of experience in administrative law and are well connected in Tallahassee.

Holland and Knight
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Old 09-12-2013, 10:05   #120
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Not to disparage civil rights lawyers but I would not approach this as a civil rights issue. FWC is an agency in the state of Florida so I would be looking for an administrative law attorney who not only knows administrative law but also has connections with the government in Tallahassee. As I posted earlier the State of Florida spends significant dollars to attract folks to the state and there are posts in this thread that support the claim that the FWC actions at the City Marina have discouraged some folks from visiting Florida. Instead of fighting FWC directly it may be more productive to get agencies in the Florida state government involved and bring pressure on FWC from those agencies and Gov. Scott. The local Marathon government has an interest in not losing City Marina customers and would probably be the best way to bring pressure quickly. If the City of Marathon does not have a staff attorney they wish to use I would suggest these guys as they have lots of experience in administrative law and are well connected in Tallahassee. Holland and Knight
Making sense.
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