Florida Maritime Accident Lawyer
Marine Construction & Dredging
Derelict Vessels: FWC Spends $250,000 to Remove Barge from St. Johns River
Category: Marine Construction & Dredging
According to the FWC, currently there are about 12,000 derelict vessels in Florida.
The average cost to taxpayers to remove derelect vessels is about $7,000. However, the cost can go as high as $250,000, as recently happened with an abandoned barge in Jacksonville.
The abandoned barge was left in front of Queens Harbor off Atlantic Boulevard in Jacksonville. Apparently the owner had been tracked down by the FWC, criminal charges had been brought against him, and he fled the country.
The steel barge needed to be cut into pieces and hauled out piece by piece. It had sat in place so long that it could no longer be re-floated.
Kite Sailor hits Dunedin Causeway Power Lines
Category: Marine Construction & Dredging
Christopher Bryan Kenny, 16, Bellair, Florida flew into powerlines while kite-surfing last week near the causeway over St. Joseph's Sound near Dunedin, Florida. He is reported to be in serious condition at St. Joseph's Hospital in Tampa.
The accident happened about 4 p.m. on September 30 when the wind pulled Kenny into the power lines on the north side of the Dunedin Causeway. Witnesses saw an electric arc when Kenny hit the lines. Then he fell 20 to 30 feet to the ground.
Getting Rid of Abandoned and Derelict Boats in Florida Waters
Category: Marine Construction & Dredging
Derelict boats are becoming a bigger problem in Florida. How do you deal with them? Here are some tips from the FWC:
Who is responsible for removing derelict vessels?
The owner of the vessel is responsible for removing it from public waters. If the owner refuses, he/she may face criminal charges and possible fines.
What if the owner cannot be identified or cannot remove the vessel from public waters?
If the owner cannot be identified, the FWC is authorized to remove any abandoned or derelict vessel when the vessel obstructs or threatens to obstruct navigation or in any way constitutes a danger to the environment. Also, any law enforcement agency may remove a vessel if it is deemed to be a hazard to public safety or is considered to be abandoned property. (See also Section 327.70(1) and Section 705.103 of the Florida Statutes.)
What is the FWC process for removing a derelict vessel?
Once an abandoned vessel has been located, the FWC must determine if the vessel is a recovered stolen boat, lost property, or a derelict vessel. If the reported vessel constitutes a hazard to navigation, then the nearest U.S. Coast Guard station is notified. If a pollution threat exists, the FWC ensures that the appropriate U.S. Coast Guard Marine Safety Office and the Florida Department of Environmental Protection's Bureau of Emergency Response are notified.
The FWC makes a comprehensive and thorough effort to determine ownership of the reported derelict vessel. All efforts are taken to have the owner remove the vessel. The FWC mails a certified letter to the last known owner of an abandoned vessel and directs the owner to remove the vessel from public waters of the state within 30 days of receipt of the letter or provide proof of the legal transfer of the vessel's ownership. If the owner complies with the request, the matter shall be closed. If these efforts fail, the facts are reviewed to determine if criminal charges are warranted.
If the vessel meets the criteria in section 823.11, Florida Statutes, and all efforts have been expended to have the vessel removed from public waters by its owner, the FWC designates the vessel as a derelict vessel and marks accordingly with the letters "DV" and the incident summary number assigned by the regional field office. The marking of the vessel will be done in such a way that the vessel will be readily identified as a specific derelict vessel by a prudent mariner and/or a removal contractor.
Once the FWC has declared a vessel derelict and marked it as such, FWC notifies the appropriate local government of the location of the derelict vessel. If funding is available, FWC will also notify the local government about any grant opportunities and how to apply. Also, if the vessel became derelict as a result of a natural disaster event, the local government may apply for FEMA funding to assist with the removal costs.
Experienced Salt Water Aquarium Fish Diver Killed During Free Dive
Category: Marine Construction & Dredging
Dynasty Marine Associates is a global supplier of live Caribbean ocean life, including tropical fish and sharks, which collects its salt water fish in deep dives, up to 300 feet deep off the Florida Keys. The dives are typically conducted with three man teams. Two divers go to 300 feet to collect the fish while the third diver hangs at 150 feet to conserve his air supply and to be prepared to rescue the other two, if there is a problem.
Heath Jens Laetari, was a 28 year old master diver who grew up in rural Kansas, but who developed a love of the ocean. Rugged and handsome, in high school he lettered in wrestling, football, and track. After high school he went on to study marine biology at Southwestern College in Winfield, Kansas. He then transferred and completed work on his degree at Nova Southeastern University in Dania, Florida.
Last month, while others were diving he remained on the boat. While waiting for the other divers to return, he attempted a deep free dive, with no SCUBA tank or other breathing apparatus. The diver who was at 150 feet saw him turn around and disappear from sight. When the three working divers returned to the surface, Laetari was nowhere to be found. He is presumed to have blacked out while returning to the surface, and to have died. His body has not been recovered.
Note: It was reported earlier that Dynasty had taken its website down. This was apparently incorrect. See comments below.
Oil Spill gets M/Y Sea Maids banned from Brevard marina
Category: Marine Construction & Dredging
Anthony Demas, 53, who is owner of a 36-foot boat named "Sea Maids" was kicked out of the Whitley Bay Marina along the Indian River Lagoon after he accidently spilled three gallons of used motor oil into the bilge of his boat, which he says the bilge pump pumped overboard. Demas confessed to authorities, and charges are pending. In addition to being kicked out of the marina, he could be required to pay three times the cost of the cleanup and a fine of up to $32,500.
"I was taking the used oil container out of the engine room and it spilled into the bilge and then the bilge pumped it (out)," he said. "I'm sorry it all happened. It was an accident." Demas also admitted to using an emulsifier to try to break up the oil.
Argument "borders on the flaky."
Category: Marine Construction & Dredging
I always find it amusing when a judge speaks his or her mind. Judge Adams of the United States District Court in Jacksonville recently wrote plainly to a Jacksonville attorney about his position on whether State Court judges could hear admiralty law issues.
The attorney represented a marine construction company which had no LHWCA coverage. He removed a maritime workers' personal injury case alleging federal question jurisdiction. The basis for removal was a mention in the Plaintiff's complaint that a marine construction company which lacks LHWCA coverage is not entitled to workers' compensation immunity.
District Judge Henry Adams, rebuking the attorney said:
"Defendant's contention that there is "no mention of a state law claim [in the Complaint]" is obviously incorrect' and Defendant's statement that "it would be incomprehensible to have a substantial federal act ...[ interpreted] by a state court" borders on the flaky."
Apparently the attorney didn't know that Judge Adams was a state court judge for over a decade before ascending to the federal bench.
Needless to say, the motion to remand was granted.
Diamond Offshore to Install $45 million in New Mooring Systems
Category: Marine Construction & Dredging
The increased number of hurricanes in the Gulf of Mexico has caused Diamond Offshore to decide to switch from an 8 point to a 12 point mooring system on its floating drill rigs in the Gulf of Mexico. The addition of four more anchors per rig is expected to cost $45 million and to be completed by midway through the 2006 hurricane season. All these new anchors should result in a temporary boost in marine employment in the Gulf of Mexico.
Dormitory Barge is Vessel: 5th Circuit Reverses Itself
Category: Marine Construction & Dredging
The queston of what is a vessel is always important in marine construction cases since it is one of the criteria which separates "seamen", who are entitled to sue under the Jones Act, from "harbor workers" who are entitled to compensation under the Longshore and Harbor Workers Compensation Act.
Yesterday the 5th Circuit, which had previously decided that a dormitory barge was not a "vessel" for Jones Act purposes, reversed itself.
Continue reading "Dormitory Barge is Vessel: 5th Circuit Reverses Itself"
Lighting dock can Prevent Lawsuit
Category: Marine Construction & Dredging
In Green Cove Springs last month, a power boat operating after dark on a Sunday night ran into an unlit dock, killing one occupant and seriously injuring another. The Army Corps of Engineers was not able to tell me whether the dock lighting violated any regulations, but regardless of whether there is statute or regulation, a reasonably prudent dock owner should light a dock which extends into a waterway. If you own a dock, burning a light to illuminate it at night is a small step you can take to make the waterways safer for boaters.