STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JONATHAN SELBY,

Petitioner,

vs.

CITY OF RIVIERA BEACH DERELICT VESSEL,

Respondent.

/

Case No. 20-5572

AGREED FINAL ORDER

This case came before Administrative Law Judge Brian A. Newman of the Division of Administrative Hearings (“DOAH”) for final hearing by Zoom conference on February 11, 2021.

APPEARANCES

For Petitioner: Jonathan Selby, pro se

8240 National Drive

Port Richey, Florida 34668

For Respondent: Lina Frances Busby, Esquire

City of Riviera Beach Office of the City Attorney 1481 West 15th Street

Riviera Beach, Florida 33404

STATEMENT OF THE ISSUES

Whether a vessel is owned by Petitioner, Jonathan Selby, and is a “derelict vessel” within the meaning of section 823.11(1)(b)1., Florida Statutes (2020), and City of Riviera Beach Derelict Vessel Policy, No. 4.2., and therefore, subject to the provisions of section 705.103, Florida Statutes.

PRELIMINARY STATEMENT

On December 2, 2020, Respondent, City of Riviera Beach, notified Petitioner that he is the owner of a derelict vessel, a 1987 Wellcraft vessel, Florida Boat Registration Number FL5632FV (HIN: WELC24661687). The vessel broke free from its mooring on November 8, 2020, during Tropical Storm ETA, and sunk on the north side of the Riviera Beach Marina, GPS position N 26 46.473 – W 080 03.076. Respondent advised Petitioner that he is required to remove the vessel at his expense, or that it would be removed by Respondent at an estimated cost of $7,500, with the cost of removal taxed against Petitioner.

On December 4, 2020, Petitioner requested an administrative hearing, disputing that he was the legal owner of the vessel. Petitioner did not dispute that the vessel is derelict.

The final hearing was held on February 11, 2021, by Zoom conference with both parties present. After Petitioner was placed under oath, he admitted that he is the owner of the vessel and that it is a derelict vessel because it sunk in a storm. The parties stated on the record that they agreed that Petitioner would have 30 days to remove the vessel at his own expense, but that if he was unable to do so, Respondent would hire a contractor to remove the vessel at an estimated cost of $7,500, and that the actual costs to remove the vessel, less any salvage value of the vessel, would be taxed against Petitioner. Further, if Petitioner does not pay any costs taxed against him, he will be unable to register the vessel in his name, or register any other vessel in his name, until he pays the costs.

At the final hearing, Petitioner acknowledged that he agreed to the foregoing terms, that he would do his best to remove the vessel at his expense

within 30 days, and that he understood the consequences if he is unable to do so.

STIPULATED FINDINGS OF FACT AND CONCLUSIONS OF LAW

1. Petitioner is the owner of the 1987 Wellcraft marine vessel, Florida Boat Registration Number FL5632FV (HIN: WELC24661687)(the “vessel”), that sunk on the north side of the Riviera Beach Marina.

2. Riviera Beach Marina is in the City of Riviera Beach.

3. The vessel broke free from a mooring in a storm and is now in a wrecked, junked, or substantially dismantled condition. Therefore, the vessel is a “derelict vessel” as defined in section 823.11(1)(b)1., and the City of Riviera Beach Derelict Vessel Policy, No. 4.2.

4. There was no evidence presented that the vessel became derelict because of the negligence of Petitioner.

ORDER

Based on the foregoing Stipulated Findings of Fact and Conclusions of Law, and the agreement of the parties, it is ORDERED that:

1. Respondent shall give Petitioner 30 days from the date of this Order to remove the vessel from the City of Riviera Beach waters and dispose of it.

2. If Petitioner fails to remove and dispose of the vessel within 30 days, Respondent may proceed to remove and dispose of the vessel as provided in section 705.103, and tax costs incurred for the removal and disposal of the vessel, less any salvage value obtained by disposal, against Petitioner.

3. If Petitioner fails to pay costs taxed against him pursuant to section 705.103, his vessel registration privileges will be revoked until he pays the costs.

DONE AND ORDERED this 12th day of February, 2021, in Tallahassee, Leon County, Florida.

COPIES FURNISHED:

Lina Frances Busby, Esquire City of Riviera Beach

Office of the City Attorney 1481 West 15th Street Riviera Beach, Florida 33404

S

BRIAN A. NEWMAN

Administrative Law Judge 1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings this 12th day of February, 2021.

Jonathan Selby 8240 National Drive

Port Richey, Florida 34668

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to seek judicial review by filing a petition for writ of certiorari in the circuit court of the Fifteenth Judicial Circuit of Florida, within 30 calendar days of the date of this Final Order. § 1.4.A.7., Riviera Beach Derelict Vessel Policy, No. 4.2.

Docket for Case No: 20-005572

Orders for Case No: 20-005572