a t statewide at-risk program from stem to stern ii · from stem to stern ii (may 15-17, 2012)...

Phil Horning

Division of Law Enforcement

Boating and Waterways Section

Waterway Management Unit

(850) 617-9540

[email protected]

Florida Fish and Wildlife Conservation Commission

May 16th, 2012

From Stem to Stern II

Statewide At-Risk Program

From Stem To Stern II (May 15-17, 2012)

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mailto:[email protected]

2,276 miles of tidal

shoreline


1,197 Statute Miles of

Florida Coastline


663 miles of accessible

beaches


7,700 Lakes greater

than 10 acres


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http://en.wikipedia.org/wiki/File:Pie_chart_of_US_population_by_state.png

Waterfront is Crucial for Economy


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80.9 Million visitors

each year


Florida is the #1 Travel Destination in

the World

61 Billion Dollars In Tourism Annually


Approx 1 million vessels foreign

and domestic


Florida Vessel Registrations

Sources: FDHSMV & FDNR

1973 through 2011


There was a severe recession in the United States which

began in July 1981 and ended in November 1982. The

primary cause of the recession was a contradictory

monetary policy established by the Federal Reserve

System to control high inflation.

Current Economic Downturn

1982 1990-94 2008-12

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1982 1990-94 2008-12

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18 million

12 million

6 million

20 million

4 million 2 million

8 million 10 million

14 million 16 million

0

2,000,000

4,000,000

6,000,000

8,000,000

10,000,000

12,000,000

14,000,000

16,000,000

18,000,000

20,000,000

1 2 3 4 5 6 7

1950 2010 1960 1970 1980 1990 2000

Coastal Counties

Inland Counties

Source: US CENSUS

Coastal Growth


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• The 2010 Census shows 18,801,310

permanent residents.

• A constant demand for waterfront property use

FLORIDA 2010

4 From Stem To Stern II (May 15-17, 2012)

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823.11 Abandoned and derelict vessels; removal; penalty.— (1)

“Derelict vessel” means any vessel, as defined in s. 327.02, that is left,

stored, or abandoned:

(b) At any port in this state without the consent of the agency having

jurisdiction thereof.

(c) Docked or grounded at or beached upon the property of another

without the consent of the owner of the property.

(2) It is unlawful for any person, firm, or corporation to store, leave, or

abandon any derelict vessel as defined in this section in this state.

Derelict Vessels section 823.11Florida Statutes

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http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=823.11&URL=0300-0399/0327/Sections/0327.02.html



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Is this vessel derelict ?



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Ugly is not Derelict

Frightful, Unpleasant, Morally Offensive, Objectionable

But



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Is this vessel derelict ?



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No Motors, No Helm, Open to Elements, Full of Debris and Broken Parts

This Vessel is Derelict


Penalties for Violations of s823.11FS

(3)(a) The Fish and Wildlife Conservation Commission and its

officers and all law enforcement officers as specified in s.

327.70 are authorized and empowered to remove or cause to

be removed any abandoned or derelict vessel from public

waters in any instance when the same obstructs or threatens

to obstruct navigation or in any way constitutes a danger to the

environment.

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1st Degree Misdemeanor

Up to $1,000.00 in fines and Up to 1 year in Jail

Probation, Restitution, Revocation of Registration Privileges,

Court Costs, Legal Fees and Community Service Hours.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=823.11&URL=0300-0399/0327/Sections/0327.70.html


So Where Did the At-Risk Program

Come From?

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Community Policing

Different Card

Same Purpose

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What are At-Risk Vessels?

An “at-risk vessel” is defined as “a vessel exhibiting

conditions known to precede a derelict condition and which

cause an officer to have just concern for its welfare.”

Indicators that a vessel may be considered at risk include,

but are not limited to, the following:

(a) Improper, non-working, or no anchor light, which is a

hazard to navigation (Section 327.33 and 327.44 F.S.), when

combined with an owner/operator who is not tending to the

vessel.

(b) Vessel is neglected, improperly maintained, or is not able

to be used for navigation as intended

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(c) Vessel does not comply with current registration

requirements (S. 328.46 F.S.) when combined with an

owner/operator who is not tending to the vessel.

(d) Vessel is barnacle-laden

(e) Vessel interior is exposed to the elements (rain, waves,

etc.)

(f) Vessel is listing

(g) Vessel is aground

(h) Vessel is in danger of breaking its mooring

(i) Vessel is sinking

What are At-Risk Vessels? A

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Identification of At-Risk Vessels

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Benefits of Early Detection

Capture ownership information before vessel sinks

Capture ownership information before evasive action taken

Open friendly but serious dialogue with vessel owner prior to legal action

Encourages prevention through proactive law enforcement activity

Results in greater compliance rates rather than reactive enforcement

ENTERING INFORMATION

into the At Risk Database


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ACTIVE AR FWNE-11-OFF-001313

•Taking on water

•Hard aground and listing

•No anchor light

TAGGING THE VESSEL


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Mailing letter to the

AT RISK Vessel Owner From Stem To Stern II (May 15-17, 2012)

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Managing the At- Risk Vessel Case


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In some areas of the state,

we have had over 65% +

compliance with those

vessel owners noticed

35% 65%

Vessel Owner does not comply


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Vessel becomes derelict

At-Risk Case becomes Derelict Vessel Case


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Vessel is Posted and DV Letter Sent

Vessel May be Removed and Destroyed


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Charges may be filed on owner

23 Sheriff’s

Offices

Okaloosa

Pasco

Hillsborough

Brevard

Citrus

Monroe

Flagler

Jacksonville

St. Johns

Martin

31 Police

Departments City of Miami PD

Port St. Lucie PD

Panama City PD

St. Petersburg PD

Gulfport PD

Treasure Island PD

Key West PD

Miami Dade PD

Clearwater PD

Stuart PD

Hollywood PD

Palm Beach PD

Key Biscayne PD

Cape Coral PD

16 Other Users

Sarasota County Coastal Resources

Lee County DNR

Collier Coastal Management

USCG Sector Miami

Brevard County B&W

St Augustine Port Authority

Charlotte Parks and DNR

Miami DERM

City of Miami Public Works

Pinellas State Attorneys Office

St. Lucie State Attorneys Office

Monroe County Marine Projects

Escambia Marine Resources Div

Okaloosa Public Works

Seminole Water Quality Office

Putnam County Parks and Rec

23 Sheriff’s

Offices

Collier

Putnam

Charlotte

Escambia

Palm Beach

Broward

Pinellas

Nassau

Osceola

Clay

Sarasota

Manatee

Pasco

31 Police

Departments Ft. Pierce PD

Riveria Beach PD

St. Augustine PD

Port Canaveral PD

Tampa PD

Sarasota PD

Venice PD

Sunny Isles PD

Aventura PD

Stuart PD

Green Cove Springs PD

Jupiter PD

Boynton Beach PD

Delray Beach PD

Melbourne PD

Bradenton Beach PD

Longboat Key PD

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The following agencies are participating


• Non regulatory community policing effort.

• Outreach to local boaters that law enforcement is involved.

• Gives Law Enforcement more time to investigate each case.

• Offers law enforcement a tactical advantage in information

gathering efforts.

• Establishes conversation between law enforcement and the

target vessel owners.

• Will help to reduce derelict vessel removal costs to the citizens

of Florida

• Assists in educating boaters on their vessel ownership

responsibilities


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Benefits of program


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Where are we going


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Florida’s At-Risk Vessel Program

If It’s Not Floating

Then It’s Not Boating

Statewide Brochure Distribution


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Statewide Media Outreach

•Television Spots

•Radio Spots

•Print Media

•Web Content


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Statewide At-Risk Database Application

Upgrade


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Partnership Building and Mentoring


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Public Outreach Events


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Compliant Partnership


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•It is a preventative law enforcement activity

instead of a reactive enforcement action.

Inspired by FWC officers through inovative

investigative approaches.

•Creative development of the FWC IT Technology

team and FWC Staff.

•Per Mr. Dusty McCoy’s presentation yesterday

vessel usable age is increasing. This indicates

a need for increased prevention activity.

•Also a special thanks to Ms. Janet Luce with

Atkins for her inovative input that helped get

the wheels turning

By Working Together

We can make a difference

Phil Horning

Division of Law Enforcement

Boating and Waterways Section

Waterway Management Unit

(850) 617-9540

[email protected]

Florida Fish and Wildlife Conservation Commission

May 16th, 2012

From Stem to Stern II

Statewide At-Risk Program


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mailto:[email protected]

a t statewide at-risk program from stem to stern ii · from stem to stern ii (may 15-17, 2012)...

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