Division of Administrative Hearings, Florida
Filed: Jan. 19, 2021
Whether the Lee County Sheriff’s Office (“LCSO” or “Respondent”) correctly determined that a vessel owned by Gary Janikula (“Petitioner”) was a “derelict vessel” or an “abandoned vessel” on the waters of the state of Florida, within the meaning of section 823.11, Florida Statutes (2020), and therefore, subject to the provisions of sections 376.15, 705.101, 705.103, and 823.11, Florida Statutes (2020).Respondent proved by clear and convincing evidence that Petitioner's houseboat was a "derelict vessel" within the meaning of section 823.21(1).
