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Re: T&T: Ortega River Anchoring

JH
Jim Healy
Mon, Jan 13, 2020 5:20 PM

Here is what I wrote to the five Florida Senators this morning:


My wife and I are residents of Green Cove Springs, Florida.  Our communiuty is directly affected by the proposed HB417/SB606.  I am OPPOSED to HB417/SB606.  The reasons for my opposition are as follows:

  1. There are no navigational safety issues arising from boats anchored in the waters under discussion in these bills.  Likewise, there is no demonstrable evidence of actual violations of the US Clean Waters Act by boats anchored in the affected waters.  Speculation and innuendo to the contrary by those with personal motives does not justify the taking of these Public Trust lands from this public use.
  2. This bill has the effect of an administrative taking of Public Trust lands; in as much, it disregards and disrespects the Public Trust Doctrine that the Florida legislature is responsible to protect in the interest of all Floridians and all Americans.
  3. By creating exceptions (FS327.4108) to underlying state law, this bill a) promotes public confusion, b) makes voluntary compliance by the public more difficult to understand, c) adds enforcement burden to already sparse police resources, and d) disregards the best judgement of the legislature's past actions to create and promote consistency across the entire State of Florida.  Furthermore, support of this bill guarantees an unending cascade of future time consumed/wasted on additional requests for more and more "exceptions" which invalidate the intent of the parent legislation.
  4. This bill has the effect of transferring control and ownership rights of littoral submerged lands to wealthy waterfront landowners who have no such control rights in law over these Public Trust lands.
  5. It is not reasonable to deny anchoring rights to thousands of users that are entirely in compliance with US and Florida navigation and sanitation laws simply because there might be an occasional violator.  (The legislature would not deny the right to operate a motor vehicle on Florida highways to all drivers simply because some small percentage of operators are un-licensed.)  Legislative controls of this sort must target violators, the legislature having done a good job of that in connection with the creation and adoption of the definition of "derelict vessel" and funding of enforcement of the removal of derelict vessels.

I strongly urge that you withhold support from this proposed legislation.


Jim

Peg and Jim Healy, living aboard Sanctuary
http://gilwellbear.wordpress.com http://gilwellbear.wordpress.com/
Monk 36 Hull #132
MMSI #367042570
AGLCA #3767
MTOA #3436

Here is what I wrote to the five Florida Senators this morning: - - - - - - - - - - - - - - - - - - My wife and I are residents of Green Cove Springs, Florida. Our communiuty is directly affected by the proposed HB417/SB606. I am OPPOSED to HB417/SB606. The reasons for my opposition are as follows: 1. There are no navigational safety issues arising from boats anchored in the waters under discussion in these bills. Likewise, there is no demonstrable evidence of actual violations of the US Clean Waters Act by boats anchored in the affected waters. Speculation and innuendo to the contrary by those with personal motives does not justify the taking of these Public Trust lands from this public use. 2. This bill has the effect of an administrative taking of Public Trust lands; in as much, it disregards and disrespects the Public Trust Doctrine that the Florida legislature is responsible to protect in the interest of all Floridians and all Americans. 3. By creating exceptions (FS327.4108) to underlying state law, this bill a) promotes public confusion, b) makes voluntary compliance by the public more difficult to understand, c) adds enforcement burden to already sparse police resources, and d) disregards the best judgement of the legislature's past actions to create and promote consistency across the entire State of Florida. Furthermore, support of this bill guarantees an unending cascade of future time consumed/wasted on additional requests for more and more "exceptions" which invalidate the intent of the parent legislation. 4. This bill has the effect of transferring control and ownership rights of littoral submerged lands to wealthy waterfront landowners who have no such control rights in law over these Public Trust lands. 5. It is not reasonable to deny anchoring rights to thousands of users that are entirely in compliance with US and Florida navigation and sanitation laws simply because there might be an occasional violator. (The legislature would not deny the right to operate a motor vehicle on Florida highways to all drivers simply because some small percentage of operators are un-licensed.) Legislative controls of this sort must target violators, the legislature having done a good job of that in connection with the creation and adoption of the definition of "derelict vessel" and funding of enforcement of the removal of derelict vessels. I strongly urge that you withhold support from this proposed legislation. - - - - - - - - - - - - - - - - - - Jim Peg and Jim Healy, living aboard Sanctuary http://gilwellbear.wordpress.com <http://gilwellbear.wordpress.com/> Monk 36 Hull #132 MMSI #367042570 AGLCA #3767 MTOA #3436