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Florida Maritime Accident Lawyer

Abandoning a boat is illegal in Florida

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Editor: Rod Sullivan
Profession: Maritime Attorney

December 10, 2006

By Rod Sullivan

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Category: Boat, Ship and Marina Fires

I'm currently involved in a case where a boat caught on fire while it was being fueled by its owner. It burned an adjacent boat, whose owner I represent, and then broke away and floated down the creek where it had been docked. I came to a stop against another dock and sank.

The owner (and the owners' attorney) have been promising to remove the wreck for 16 months now, but so far it hasn't been done. If he doesn't remove it, the FWC may need to get involved.

According to Florida Statutes, it is illegal to store, leave, or abandon any derelict vessel in the state. A violation is a first degree misdemeanor. In addition, if the owner of a derelict vessel fails to abide by an order of the FWC to remove the vessel, a civl penalty can be assessed of up to $50,000 per day. A derelict vessel is one which is "wrecked, junked, or substantially dismantled condition."

Does it really happen? As John Saxer, a 55-year-old bicycle repairman and bartender who works in Tarpon Springs but lives in Holiday, Florida, found out, it does. He sold his ferrocement boat Ark of Eden to a friend, but the friend never registered her ownership with the State of Florida. When it sunk, she walked away, leaving Saxer as the registered owner.

He failed to appear when he was summoned by the FWC and was arrested. He is now out on bail of $500 but the State of Florida is seeking $37,500 in removal costs from him. You can read the full story in the St. Petersburg Times.

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