"WaIIy" wrote in message
...
On Tue, 17 Jan 2012 15:12:00 -0500, "Wilbur Hubbard"
wrote:

I was hoping everybody would forget. It turns out that for civil
trials
they don't do transcripts. All they do is provide a CD with a voice
recording of the trial. Since the trial lasted about 45 minutes, I
decided that transcribing it myself is not worth the bother nor is
paying a court recorder to do it at 35 bucks an hour. I did purchase
the CD and could send you a copy if you're really interested.

Wilbur Hubbard


or you could make an mp3 and post it in a binary group/

Hmmmm...... what ya hiding ?

Obviously something since you jumped up and changed your terlet right
away,



Huh? I have the same toilet I've had for about three years. I bought it
new at West to replace an aging toilet that had cracks in the porcelain
bowl. I'm not hiding anything. Rather, I'm allowing interested folks who
might be ticketed by bully FWC officers to get some insight into their
dubious tactics which included the following:

1) cite you for one paragraph of the statute [327.53(1)] and then on the
court date amend it to another paragraph [327.53(2)] hoping you aren't
prepared for it.

2) hope you have to take a continuance because of the amended charge you
aren't prepared to litigate and hope you won't bother fighting any
longer especially if you are cruising out of the area soon.

3) after being granted the amended charge [327.53(2)] by the judge then
attempt to bring up another paragraph of the statutes that you did not
specify in the amendment [327.53(5)] - a clear violation of due process
rights

4) then hand the court a cropped version of the Code of Federal
Regulations to which that sub paragraph (5) refers to, which cropped
version conveniently leaves out half the CFR that proves your vessel is
in compliance. (to the judges credit, he pretty much ignored this and
later rebuked the state by saying he couldn't even consider subparagraph
5 because it would involve due process issues.)

5) when the state failed to prevail on their trickery they then went
back to the *original* sub paragraph (1) and pursued that even though
they said they were amending the charges to sub paragraph (2) because
they wrote the wrong sub-paragraph number on the citation.

6) then go off an a tangent and attempt to prosecute on personal hygiene
habits when the statute in question is only about vessel waste equipment
requirements.

7) attempt to redefine what a houseboat is [327.02(13)] by conveniently
leaving out the part after the *and* that says to be a houseboat a
vessel must have some condition that *precludes* its use as a means of
transportation.

8) then the judge asks for a dictionary to look up the definition of
"preclude" even after I stated the definition. (to prevent or make
impossible)

9) then the judge begrudgingly admitting he had to find me not guilty
but suggesting that the FWC/state should try to get the statutory
definition of *houseboat* changed by eliminating the part about any
condition that precludes its use as a means of transportation.

10) It all smacks of a kangaroo court.

When listening to the recording it would be wise to have a copy of the
statue to refer to. Here it is in it's entirely:

327.53 Marine sanitation.-
(1) Every vessel 26 feet or more in length which has an enclosed cabin
with berthing facilities shall, while on the waters of the state, be
equipped with a toilet. On a vessel other than a houseboat, the toilet
may be portable or permanently installed. Every permanently installed
toilet shall be properly attached to the appropriate United States Coast
Guard certified or labeled marine sanitation device.

(2) Every houseboat shall be equipped with at least one permanently
installed toilet which shall be properly connected to a United States
Coast Guard certified or labeled Type III marine sanitation device. If
the toilet is simultaneously connected to both a Type III marine
sanitation device and to another approved marine sanitation device, the
valve or other mechanism selecting between the two marine sanitation
devices shall be set to direct all sewage to the Type III marine
sanitation device and, while the vessel is on the waters of the state,
shall be locked or otherwise secured by the boat operator, so as to
prevent resetting.

(3) Every floating structure that has an enclosed living space with
berthing facilities, or working space with public access, must be
equipped with a permanently installed toilet properly connected to a
Type III marine sanitation device or permanently attached via plumbing
to shoreside sewage disposal. No structure shall be plumbed so as to
permit the discharge of sewage into the waters of the state.


(4)(a) Raw sewage shall not be discharged from any vessel, including
houseboats, or any floating structure in Florida waters. The operator of
any vessel which is plumbed so that a toilet may be flushed directly
into the water or so that a holding tank may be emptied into the water
shall, while the vessel is on the waters of the state, set the valve or
other mechanism directing the sewage so as to prevent direct discharge
and lock or otherwise secure the valve so as to prevent resetting.

(b) All waste from Type III marine sanitation devices shall be disposed
in an approved sewage pumpout facility.

(c) All waste from portable toilets shall be disposed in an approved
waste reception facility.

(5) Every vessel owner, operator, and occupant shall comply with United
States Coast Guard regulations pertaining to marine sanitation devices
and with United States Environmental Protection Agency regulations
pertaining to areas in which the discharge of sewage, treated or
untreated, is prohibited.

(6)(a) A violation of this section is a noncriminal infraction as
provided in s. 327.73. Each violation shall be a separate offense. The
owner and operator of any vessel shall be jointly and severally liable
for the civil penalty imposed pursuant to this section.

(b) All civil penalties imposed and collected pursuant to this section
shall be deposited in the Marine Resources Conservation Trust Fund and
shall be used: to implement, administer, and enforce this act; to
construct, renovate, or operate pumpout stations and waste reception
facilities; and to conduct a program to educate vessel operators about
the problem of human body waste discharges from vessels and inform them
of the location of pumpout stations and waste reception facilities.

(7) Any vessel or floating structure operated or occupied on the waters
of the state in violation of this section is declared a nuisance and a
hazard to public safety and health. The owner or operator of any vessel
or floating structure cited for violating this section shall, within 30
days following the issuance of the citation, correct the violation for
which the citation was issued or remove the vessel or floating structure
from the waters of the state. If the violation is not corrected within
the 30 days and the vessel or floating structure remains on the waters
of the state in violation of this section, law enforcement officers
charged with the enforcement of this chapter under s. 327.70 shall apply
to the appropriate court in the county in which the vessel or floating
structure is located, to order or otherwise cause the removal of such
vessel or floating structure from the waters of the state at the owner's
expense. If the owner cannot be found or otherwise fails to pay the
removal costs, the provisions of s. 328.17 shall apply. If the proceeds
under s. 328.17 are not sufficient to pay all removal costs, funds
appropriated from the Marine Resources Conservation Trust Fund pursuant
to paragraph (6)(b) or s. 328.72(16) may be used.