what is the actual text of the two provisions of fla law in
question?

what is the federal legislation or regulation or caselaw that
you say defines a vessel in a way you apparently imply you would argue
preempts state law?


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On Sat, 3 Dec 2011 14:22:24 -0500, "Wilbur Hubbard"
wrote:

"Wayne.B" wrote in message
.. .
On Wed, 23 Nov 2011 08:39:14 -0500, "Wilbur Hubbard"
wrote:

The trial is set for Dec 2nd. I shall appraise the group as to the
results of the litigation.
===
So how did things go?


NOT GUILTY!!!! I'm going to get a transcript from the clerk of the
court and plan to post it soon.

The FWC came to court and said they had charged me under the wrong
paragraph. Instead of paragraph (1) they wanted to change it to
paragraph (2) the one that gives the requirements for a houseboat.

The judge asked me if I'd like a continuance. I said I was prepared to
defend against paragraph (2) charges.

I finally convinced the court that my vessel did not meet the statutory
definition of houseboat {paragraph (2)} after considerable wrangling.
The judge was obviously on the side of the state as he even had somebody
bring him a dictionary so he could look up the word, "preclusion". Then
he tried to construe the meaning of "transportation" as something more
complicated than just going out for a day sail or a week-end sail.

Then they had the nerve to go back to paragraph (1) even though the
officer said he had listed it wrong on the statute and meant paragraph
(2). The long and short of it was that I provided enough evidence that
the judge was forced to come back with a not guilty verdict. He even had
the nerve to say something along the lines of, "Officer________, I don't
like it and I'm sure you don't like it but Mr. Hubbard is in compliance
with the statutes." Then he had the nerve to suggest that perhaps the
FWC should work on getting paragraph (2) changed to eliminate the second
clause that talks about preclusionary use. IOW the FWC wants to define a
houseboat as any vessel on which somebody lives more than 21 days in a
month's period.

They are going to have little joy with this as federal law defines a
vessel and has only allowed Florida to regulate houseboats because the
definition of a houseboat is NOT that of a vessel as a houseboat has
conditions that preclude it's use as transportation.

The FWS and courts are against boaters. It's patently obvious to this
sailor.

Will be getting a copy of the trial transcript and will post it soon as
it might be fascinating to interested boaters.

Wilbur Hubbard