Florida House Bill 703 (2016) - SailNet Community
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post #1 of 17 Old 01-31-2016 Thread Starter
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Florida House Bill 703 (2016)

Finally... One I think we should support. HB-703 (Workman; Perry) and SB-1454 (Hutson)

These proposed bills restrict the stopping of vessels for safety checks (by FWC , County, and Local Officers) without "Probable Cause". Be nice to have the same rights as you do behind the wheel of the car.

While I don't agree with the practices of the introducing House Member (Riding the kids on the bow of the boat is kinda like riding them on the hood of the car) the basic premise still stands. Dislike having my day interrupted for a random "Safety Check" while headed back to the mooring ball. Yeah, I got my jacket, whistle, etc... Same as last week. Same as every week. I didn't get old, being too bold.

Anyway, a couple we can watch and hopefully support.

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post #2 of 17 Old 02-11-2016 Thread Starter
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Re: Florida House Bill 703 (2016)

Update... HB 703 has cleared committee with an amendment changing the original proposed language. The original draft restricted State and Local LEOs from stopping a vessel for a safety inspection without "probable cause". The amended version eliminates the requirement for probable cause, but requires tne officer to issue a Safety Inspection Sticker if all safety requirements are met. Vessels displaying a valid Safety Inspection Sticker cannot be stopped in the future without obvious violations in progress. The amemdment was introduced by the bills original sponsor and the amended bill passed committee by a vote of 12 to 3.

Better than a poke in the eye with a sharp stick. Write your local reps if you are a Fl resident.

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post #3 of 17 Old 02-11-2016
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Re: Florida House Bill 703 (2016)

Florida is putting all the fruit and nuts on display for the snowbird season. Right now SE Florida wants to ban all spearfishing, including recreational spearfishing, out to the 150' depth line. Apparently those mean old recreational free divers and scuba divers are depopulating the reefs...although, no one bothered to study how many divers, licenses, catches (as verified by FWC water stops) or anything else are actually involved.

"(Riding the kids on the bow of the boat is kinda like riding them on the hood of the car)"
Had that discussion with the USCG one day wile under sail. They said "bowriding" we said "No, that's the foredeck crew on the foredeck inspecting the luff of the foresail." See, they're facing BACKwards and looking UP, not playing Titanic....

Apparently it will only take another one-foot rise is sea level to submerge most everything east of Federal Highway, and the rise in groundwater will ensure everything west to the Glades (being restrained by a crumbling 20' dike) floods out regularly in any heavy rain, as the ground water table rises too high to allow drainage.

Between that and the Zika mosquitoes, Florida may solve itself within fifty years.
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post #4 of 17 Old 02-12-2016
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Re: Florida House Bill 703 (2016)

Don't get me started on illegal government searches disguised as "safety checks." It is the most blatant violation of the 4th Amendment that anyone can imagine, yet some seem to think it's no big deal.
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post #5 of 17 Old 02-12-2016
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Re: Florida House Bill 703 (2016)

we all forget that we as boating souls are no t subject to land laws. these are equalizers to force the boating public to be harrassed by same standards as land craft. such fun. precedents for future boardings without cause for whatever toilet reason they find to stop ye ... good luck.

perhaps you started the bbq and someone reports maria joowanna smoke from your boat-- enjoy the fun


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post #6 of 17 Old 02-14-2016
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Re: Florida House Bill 703 (2016)

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Originally Posted by hellosailor View Post
Florida is putting all the fruit and nuts on display for the snowbird season. Right now SE Florida wants to ban all spearfishing, including recreational spearfishing, out to the 150' depth line. Apparently those mean old recreational free divers and scuba divers are depopulating the reefs...although, no one bothered to study how many divers, licenses, catches (as verified by FWC water stops) or anything else are actually involved.

"(Riding the kids on the bow of the boat is kinda like riding them on the hood of the car)"
Had that discussion with the USCG one day wile under sail. They said "bowriding" we said "No, that's the foredeck crew on the foredeck inspecting the luff of the foresail." See, they're facing BACKwards and looking UP, not playing Titanic....

Apparently it will only take another one-foot rise is sea level to submerge most everything east of Federal Highway, and the rise in groundwater will ensure everything west to the Glades (being restrained by a crumbling 20' dike) floods out regularly in any heavy rain, as the ground water table rises too high to allow drainage.

Between that and the Zika mosquitoes, Florida may solve itself within fifty years.
Every year it seems that more and more houses get built in low-lying places that are bound to get washed away WHEN a major hurricane hits the "Treasure Coast" and vicinity. Just a matter of time before we all get to subsidize the rebuilding of more houses where houses should never have been built.

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post #7 of 17 Old 02-16-2016
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Re: Florida House Bill 703 (2016)

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Originally Posted by caberg View Post
Don't get me started on illegal government searches disguised as "safety checks." It is the most blatant violation of the 4th Amendment that anyone can imagine, yet some seem to think it's no big deal.
I agree that these laws need clarification or amendment, like FL seems to be trying to do.

However, saying its a violation of the 4th amendment is a layman's argument. It clearly isn't (not that I'm happy with it). The 4th says that "unreasonable" search and seizures are not permitted, not all. The Supreme Court has explicitly agreed that maritime searches are not unreasonable, given the exposure to smuggling and contraband that are routinely identified.

Sure, local law enforcement and the USCG use this as their right to board and inspect, when the intent doesn't seem related to recreational boating. That said, how long would it take a smuggler to start using recreational vessels, if they were off limits. Smuggling is not remotely limited to drugs. Think about it.
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post #8 of 17 Old 02-16-2016
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Re: Florida House Bill 703 (2016)

Explain how a suspicionless stop and search of your vehicle is illegal under the 4th Amendment, but a boat is not. Smugglers use cars too.
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post #9 of 17 Old 02-16-2016
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sorry to tell you there is NO protection ON WATER per maritime law protecting anyone from unlawful search and seizure because there is no duch thing on water. we CHOOSE to give up our bill of rights coverage when moving on board.
no right to privacy
no protection from alleged illegal search n seizure
no right to bear arms on board--seems to be act of aggression...projectiles forbidden...
and one other skips my brain at present.
move on board and these are gone.
so...
all MOOT.
get with it.
you *****ing about land rights you gave up when you moved onto boats.
and yet we still live on boats. go figger.
research a lil better before spewing RIGHTS you gave up when moving onto water.
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post #10 of 17 Old 02-16-2016
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Re: Florida House Bill 703 (2016)

Quote:
Originally Posted by caberg View Post
Explain how a suspicionless stop and search of your vehicle is illegal under the 4th Amendment, but a boat is not. Smugglers use cars too.
Smugglers in cars are stopped at the boarder and are subject to search. Big difference.

Nevertheless, I'm not trying to argue right from wrong here. I'm only saying that the law is extremely clear on this one. Maritime searches are explicitly not a violation of the 4th amendment.

We can all agree we don't like it, but that's different from being illegal.

Again, however, I ask what would prevent a bad guy from adopting whatever situation were deemed untouchable on the water.

Note, the vast majority of our boarder is water and the vast majority of that (think remote beaches) are not secure whatsoever. Unlike road crossings.


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