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Lozman v. The City of Riviera Beach, Florida
http://www.ca11.uscourts.gov/opinions/ops/201010695.pdf
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Interesting. This decision indicates that there is a federal definition
of
'vessel' that supersedes and doesn't take into consideration the Florida
statutory definition of 'houseboat'.

It doesn't say this and it also doesn't indicate this.

In connection with the, What's a 'vessel'? question, it ruled merely
that, for the purposes of the case, that is, that 'the point' at issue
in this respect was merely whether for the purpose of determining what
may be the subject of federal admiralty jurisdiction in a foreclosure
of a maritime lien proceeding in admiralty, the federal law definition
of 'vessel' and not what states variously may adopt and use for their
state law purposes governs. Hardly interesting and not novel.

If this is true then the State of
Florida mandating a particular type of MSD for a 'houseboat' as opposed
to
a 'vessel' is flawed.

This is a state law issue enforceable by the state as a matter of
state law and does not implicate federal court admiralty jurisdiction
in a maritime lien foreclosure proceeding prosecuted under federal
maritime law.




Ah, but that's where you're clearly in error. The fact remains that
federal admiralty law takes precedence over any contradictory state
statutes. The case in question demonstrates that.

Here is something for your to read.

http://www.law.ufl.edu/conservation/...sanitation.pdf

It is long and some of it doesn't apply but to sum it up it allows states
to create a houseboat designation for MSD device purposes only. It follows
then that the federal law definition of a houseboat as a vessel first and
foremost could contradict the state of Florida using the limited
definition for MSD device purposes only to enforce the type of MSD
required. Since federal law states a houseboat is INDEED a *vessel* no
matter what as long as it floats on the water then the federal law that
states a *vessel* must have either a Type I, II or III to be legally
compliant is at odds with Florida's state law requirement that a houseboat
have a specific type of MSD (Type III)

Get the drift?

Wilbur Hubbard