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Old 23-08-2012, 17:46   #1
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Update on "Cap'n" Jay

He has been to court and required by a judge to move his boat away from Gulfport by ... yesterday. I have been out of town and I don't know whether or not he has met that requirement.

Here's a link to the Gulfport Gabber. The story will be updated online as the paper gets more information. Obviously the story leaves many questions unanswered, including "Under what law is the judge acting?" I have no reason to think he's making up law, but I don't know exactly how he had the authority to do this.

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Old 23-08-2012, 18:23   #2
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Quote:
Originally Posted by Rakuflames
He has been to court and required by a judge to move his boat away from Gulfport by ... yesterday. I have been out of town and I don't know whether or not he has met that requirement.

Here's a link to the Gulfport Gabber. The story will be updated online as the paper gets more information. Obviously the story leaves many questions unanswered, including "Under what law is the judge acting?" I have no reason to think he's making up law, but I don't know exactly how he had the authority to do this.

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The link you provided covered most of the pertinent laws, the owner even entree a guilty plea.
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Old 23-08-2012, 18:46   #3
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Re: Update on "Cap'n" Jay

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Originally Posted by Greenhand View Post
The link you provided covered most of the pertinent laws, the owner even entree a guilty plea.

It didn't cite any laws. We know he was ticketed, but I don't know how that gives the court authority to say he must move his boat.

Don't get me wrong, I don't think this guy should be living aboard on any boat, much less that one. He has a seriously broken jaw. One slip getting into or out of the dinghy ...

We know he has no sanitation on that boat. We know a whole lot of things. But I don't know what authority they have to make him move his boat, except that he probably does meet Florida's very narrow definition of what a "live-aboard" is ... someone who never moves their boat. He actually could move his boat if his dinghy has an outboard motor although I wonder if he has the skills to do it.
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Old 23-08-2012, 19:23   #4
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Re: Update on "Cap'n" Jay

http://http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=0800-0899/0823/Sections/0823.11.html
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Old 23-08-2012, 20:00   #5
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Re: Update on "Cap'n" Jay


See, that's what I don't understand about the legal stuff here -- his boat was declared "in danger of being declared derelict" and he was given 90 days to make it seaworthy enough to not have that happen.

I am curious about how the judge "jumped the gun" on that. I also wonder if it could be used against other cruisers who anchor out in those waters when not sailing.

In Florida, "Live-aboard" means you never move your boat AND live on it. If you use the boat as well as live on it, you're a cruiser. I'm a cruiser; Jay is a live-aboard.
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Old 23-08-2012, 20:56   #6
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Re: Update on "Cap'n" Jay

Hopefully Jay can keep the boat off of the beach if Isaac develops into a hurricane, and makes his way up the west coast. Sorry for drifting off course, just thinking.
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Old 23-08-2012, 21:11   #7
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I suppose anything can be abused, but this boat is specifically aground in a public swim area. Also, the judge's orders apply to the owner; once the boat is delayed derelict, it will, at the very least, be impounded.
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Old 23-08-2012, 21:18   #8
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Re: Update on "Cap'n" Jay

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I suppose anything can be abused, but this boat is specifically aground in a public swim area. Also, the judge's orders apply to the owner; once the boat is delayed derelict, it will, at the very least, be impounded.
Actually, it is quiet a distance from the beach now, and well anchored. I sailed by it a week ago... here is the picture.

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Old 24-08-2012, 08:06   #9
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Re: Update on "Cap'n" Jay

Yeah, I'm confused here, too. The article does not say that the boat was declared a derelict. As far as I can tell, it has NOT been declared a derelict. Until it is, I do not see under what authority the judge thinks that he can demand that the boat be moved.

I suspect that this is mostly a matter of inadequate reporting, rather than a judge over-stepping his bounds, but it would be nice to have more of the details.
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Old 24-08-2012, 09:20   #10
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Re: Update on "Cap'n" Jay

It's hard to say, except that the article reported that Jay was represented by counsel, and that he entered guilty pleas. This may suggest that this was part of an overall plea agreement which may have covered other violations/issues/crimes we are not aware of. Given what we have read from other threads about the poor condition of the boat and the cost to make it seaworthy again, it is also plausible that Jay has abandoned the effort (despite his interview when it was re-floated), and perhaps conceded the boat as "derelict" under Fla. law as part of an overall plea bargain. Again, pure speculation here, but based on Jay being represented by counsel and formally entering a plea. If anyone who lives locally is so inclined, the court file would be public information and should be available for viewing. The contents of plea negotiations, however, are privileged and often remain confidential.
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Old 24-08-2012, 14:52   #11
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Re: Update on "Cap'n" Jay

sad
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Old 24-08-2012, 15:02   #12
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Re: Update on "Cap'n" Jay

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Originally Posted by denverd0n View Post
Yeah, I'm confused here, too. The article does not say that the boat was declared a derelict. As far as I can tell, it has NOT been declared a derelict. Until it is, I do not see under what authority the judge thinks that he can demand that the boat be moved.

I suspect that this is mostly a matter of inadequate reporting, rather than a judge over-stepping his bounds, but it would be nice to have more of the details.
Agree.

But I bet it will be here for the new storm-a-comin'.
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Old 24-08-2012, 16:57   #13
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Re: Update on "Cap'n" Jay

i doubt that the judge jumped the gun or even had any need to. Jay had pleaded guilty to the offences that he was charged with. The holding tank issue is an on going offence and who knows what tickets the local government may have been willing just to make him some one elses problem.
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Old 25-08-2012, 12:04   #14
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Re: Update on "Cap'n" Jay

I spoke to Jay a few times last week by phone. During the first call he expressed his desire to get the boat towed to a protected anchorage near Bay Pines VA in Maderia Beach. He said that the professionals that had towed the boat earlier would not help him. I again encouraged him to instead have the boat towed to Salt Creek and get it pulled out of the water. I explained that regardless of whether he keeps the boat or tries to trade it for a RV or just scraps it out, it will need to be hauled out. Jay agreed with me.
In the last conversation I had with him he told me that he was going to call the boat yard and make arrangements. That was Thursday afternoon.
The deadline for removing the boat from the waters of Gulfport was Wed. so he obviously didn't make it.
I do believe that he is trying to do the right thing and is simply overwhelmed at this time.
I'm not sure if the boat is still in the bay today. I think it is.
I know that we anchored it as securely as we could given the tackle that I had, but I sure hope it can be secured or hauled out somewhere else before Issac hits or passes. I doubt however that will happen. I guess we'll find out how good a job we did securing it.

At this point, I really don't understand why the local marine patrol doesn't just tow it into the marina and secure it to the seawall to assure that it won't end up back on the beach or tearing out someone's dock.
Actually, I do understand. It's all about liability and red tape and fear of litigation.
It's kinda sad.
If I had the means to tow it and a place to put it where it wouldn't be able to damage property, I would just do it and damn the consequences.
There's a chance that Jay would sue me but I would do it anyway. Simply because it needs to be done.

If I hear more I will pass it on.
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Old 30-08-2012, 06:23   #15
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Anyone know if Jay's boat is surviving Isaac?

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