Date of birth: | Nov 28, 1943 |
Probable cause affidavit: | SUBMITTED BY: COX, ANDY 0543 (AR10114076) IT IS UNLAWFUL FOR ANY PERSON, FIRM OR COOPERATION TO STORE, LEAVE OR ABANDON ANY DERELICT VESSEL AS DEFINED IN THIS SECTION IN THIS STATE ,IN VIOLATION OF FLORIDA STATE STATUTE 823.11(2) NO PERSON SHALL OPERATE OR STORE ON THE WATERS OF THE STATE A VESSEL CONSTRUCTED AFTER OCTOBER 31, 1972 WITHOUT DISPLAYING A HULL IDENTIFICATION NUMBER, IN VIOLATION OF FLORIDA STATE STATUTE 328.07(1). ON 020210 AT APPROXIMATELY 1400 HOURS, I MADE CONTACT WITH THE DEFENDANT AT HIS PLACE OF RESIDENCE AND ISSUED HIM WRITTEN WARNINGS FOR HAVING A DERELICT VESSEL UPON THE WATERS OF THE STATE. I DISCUSSED WITH HIM IN LENGTH HIS RESPONSIBILITY. I CONTACTED THE FISH AND WILD LIFE CONSERVATION COMMISSION (FWC) OFFICER CAM JOHNSON AND INFORMED HIM I HAD MADE CONTACT WITH THE DEFENDANT AND EXPLAINED THE RULES AND REGULATIONS AND PROVIDED THE DEFENDANT WITH COPIES OF THE RULES AND REGULATIONS. OFFICER JOHNSON AND I AGREED THAT THIRTY DAYS WOULD BE A REASONABLE AMOUNT OF TIME TO REMOVE THE VESSEL FROM THE WATERS of the STATE. the DEFENDANT WAS ARGUMENTATIVE AND DID NOT BELIEVE I KNEW WHAT I WAS TALKING ABOUT AND I EXPLAINED IN DETAIL the WARNING WAS A COURTESY. HE CONTINUED TO BE ARGUMENTATIVE AND I CLEARED THE SCENE. ON 031610 AT APPROXIMATELY 1000 HOURS, THE DEFENDANT CONTACTED THE CITRUS COUNTY SHERIFF'S OFFICE. I CONTACTED THE DEFENDANT AGAIN IN REFERENCE TO THE DERELICT VESSEL, NUMBER FL4078HG. THE VESSEL IS A 1992 HOMEMADE SAILING VESSEL, 39 FEET 3 INCHES LONG. THE VESSEL HAS NO MEANS OF PROPULSION WITH LARGE GAPING HOLES ALONG THE ENTIRE PORT SIDE, LARGE GAPING HOLES ON THE STARBOARD SIDE COVERED IN CARDBOARD AND DUCT TAPE. THE CITATION THE DEFENDANT WAS QUESTIONING ME ABOUT WAS IN REFERENCE TO THE IMPROPER FLORIDA REGISTRATION NUMBERS DISPLAYED ON THE VESSEL. I EXPLAINED THE REASON HE WAS ISSUED THAT CITATION AND REITERATED THAT THE VESSEL NEEDED TO BE REMOVED FROM THE WATERS OF THE STATE DUE TO THE DERELICT CONDITION. THE DEFENDANT STATED TO ME I DID NOT UNDERSTAND VESSEL LAWS AND HAD NO AUTHORITY OVER VESSELS. I EXPLAINED TO HIM IF THE VESSEL REMAINED ON THE WATERS OF THE STATE, I WOULD HAVE TO TAKE FURTHER ACTION AND ENDED THE TELEPHONE CONVERSATION. ON 032410, I INSPECTED THE VESSEL AGAIN WHICH WAS STILL UPON THE WATERS OF THE STATE. AT THAT TIME, THERE WAS NO HULL IDENTIFICATION NUMBER DISPLAYED ON THE VESSEL. I PHOTOGRAPHED THE VESSEL AGAIN ON 033110 FROM THE SHORE OFF OF WEST ROY THOMAS STREET, CRYSTAL RIVER. I MADE CONTACT with the DEFENDANT AT HIS RESIDENCE A SHORT TIME LATER WHERE HE WAS READ HIS MIRANDA WARNINGS VIA PREPRINTED CARD AND PLACED HIM UNDER ARREST. THE DEFENDANT WAS HANDCUFFED (DOUBLE LOCKED) IN BACK, PLACED IN THE REAR SEAT OF MY PATROL VEHICLE, AND TRANSPORTED TO THE CITRUS COUNTY DETENTION FACILITY FOR BOOKING AND PROCESSING. THE DEFENDANT BOND WAS SET AT $1,000.00 PER THE BOND SCHEDULE. *NOT-EXEMPT* |
Inmate status: | Felony Misdemeanor County/Municipal Traffic Ordinance Warrant/Capias |
Arrest date: | Mar 31, 2010 |
Booking number: | 10114076 |
Booking location: | Citrus County, FL |
Code: | 823.11(2) |
Charge description: | ABANDONED AND DERELICT VESSELS |
Bond amount: | $500 |
Code: | 328.07(1) |
Charge description: | OPERATE VESSEL '72 OR OLDER W/MISS/IMPR DISPLAY HULL ID # |
Bond amount: | $500 |