October 1, 2015 thru October 8, 2015
This report represents some events the FWC handled over the past week;
however, it does not include all actions taken by the Division of Law Enforcement.
Officer Wicker responded to a report of a subject killing a raccoon within St. Andrews State Park. Officer Wicker found that a subject had grabbed a raccoon by the scruff of its neck which resulted in being bit. Once bitten, the subject threw the raccoon into some rocks killing it. The subject was cited for injuring/killing wildlife within a state park.
Officers Pettey, Barnard and Livesay were working dove hunting. After hearing multiple shots, the officers found four hunters hunting over a baited field. The hunters were hunting near an active corn feeder and wheat was also spread on the field. The four hunters were charged with hunting migratory birds over bait.
Lieutenant Hahr was patrolling in the Perdido River Wildlife Management Area when he encountered a couple parked on management area property after legal entry hours. When he made contact with them, he observed evidence of drug use. A search revealed cannabis, THC "dabs", hash oil, methamphetamine, and various drug paraphernalia. The driver of the vehicle admitted to possession of the items and was arrested and transported to the Escambia County Jail. Charges included possession of a controlled substance, possession of not more than 20 grams of cannabis and possession of drug paraphernalia. Further charges are pending analysis of the hash oil and dabs.
Officer Mims was called to assist the Gadsden County Sheriff’s Office and Florida Highway Patrol with a traffic crash. The wrecked vehicle contained a cooler full of freshly cleaned alligator meat. After conducting an investigation, Officer Mims charged the driver with illegal possession of an alligator.
Officers Bell and Mims were monitoring a baited dove field that Officer Bell had found when they heard shots coming from the field. They entered the field to conduct a resource inspection and located two hunters hunting dove on the edge of the baited field. The area was heavily baited with bird seed thrown throughout the field around each hunter. Both hunters were charged with attempting to take migratory birds over bait.
Officers Pifer and Maltais were on vessel patrol when they responded to a complaint of shots being fired near Ft.Walton Beach. When the officers arrived on scene, they heard multiple shots coming from one of the Spoil Islands and located two individuals actively hunting doves. Officer Pifer inspected the island and observed a large amount of bird seed and cracked corn. The individuals denied placing the bait and denied knowledge of the bait despite the fact they had decoys within feet of the bait. Both individuals were cited for hunting migratory birds over bait.
Officer Meurlot and West noticed vehicles parked outside a closed county park near Ponce Deleon Inlet well after dark. After walking the park shoreline, the officers found two adult males fishing. The officers noticed what appeared to be fish entrails on the beach, which the fishermen denied knowing anything about. After searching the nearby brush, the officers located four oversized red drum concealed in bags. One of the red drum measured almost 50 inches in length. They also discovered a third fisherman who had attempted to hide when the officers approached. All three fishermen were issued a criminal notice to appear for possession of over the slot size limit for red drum and one was also charged with possession of over the bag limit of red drum.
While on late night patrol, Officer Boyer observed a vehicle driving down the road with hazard lights flashing and tail lights not working. The officer conducted a traffic stop to check on the general welfare of the driver and to address the use of hazard lights and no tail lights. While speaking with the driver the officer observed a cooler in the back of the truck along with a cast net. After receiving consent, the men were found to be in possession of several tilapia as well as eight bream and one black bass. Post Miranda, the driver admitted to using the cast net to catch the bream and bass. The use of cast net to catch freshwater gamefish is a violation of Florida law. The driver was issued a notice to appear for possession of freshwater game fish together with any prohibited device. A warning was also issued for faulty equipment and no freshwater fishing license.
While on patrol, Officer Lightsey was alerted that an empty boat with a barking dog was found in LakePoinsett and that a man could be heard yelling for help. Once on scene, the officer and a Brevard County Deputy used an air boat to locate the man who had just got back to his boat. After refusing medical attention the man was ready to return to the ramp. Lightsey accompanied the visibly exhausted man back to the boat ramp. While in route to the boat ramp the man's vessel outboard caught fire. The officer and man were able to put the fire out and have the boat towed to a local ramp. After speaking with the man at the ramp it was determined that he had hit a stump and was ejected from the boat. Officer Cybula arrived on scene to assist and complete a vessel accident report.
INDIAN RIVER COUNTY
While on patrol, Officer Horst witnessed a truck towing a boat turn left through a red light. Officer Horst conducted a traffic stop on the truck. Upon investigation, it was determined that the subjects had been fishing with cast nets from the vessel. A resource inspection of the coolers on the vessel revealed an undersized snook that was harvested with the cast net, mangrove snapper harvested by cast net, and 82 mullet (32 over the vessel limit). The subjects were issued citations for the violations.
NORTH CENTRAL REGION
Officers Burnsed and Jenkins had located two baited hunting sites with tree stands placed within in the Osceola National Forest and Wildlife Management Area. Shortly after discovering the locations after daybreak, Officer Burnsed found a person hunting at one of the sites. The person admitted to illegally placing corn as bait in the management area. While Officer Burnsed was speaking with the person, another person came to that location and it was suspected that he was the person hunting at the other baited site. Lieutenant Huff came to assist Officer Burnsed and together they tracked where the two people had also used ATVs illegally in that area. Officer Burnsed established probable cause and documented evidence sufficient to charge the subjects with hunting over bait in the management area and damage to state lands. There were also three warnings issued for other permit violations.
Officer Johnston was on land patrol when he noticed the operator of a vehicle driving recklessly. The driver passed Officer Johnston in his marked patrol vehicle and then used a turn lane at a busy intersection to pass another vehicle. At that point, Officer Johnston conducted a traffic stop to address the reckless driving violation. Upon contact, Officer Johnston noticed that the female driver was exhibiting a variety of symptoms indicating the possibility of impairment by an alcoholic beverage. The driver agreed to participate in field sobriety exercises, but her performance during those exercises were performed poorly and below standard. She was subsequently arrested and transported to the Columbia County Jail where she was booked for driving under the influence. She provided breath samples showing results of .165 and .146.
Officer Schirbock and Investigator Holleman arrested two commercial blue crab fishermen for working blue crab traps at night in the Intracoastal Waterway inside Cedar Point Creek. The subjects had been crabbing since midnight and were cited for the same offense back in July.
Officers Johnston and Schulz assisted the US Marshall’s Fugitive Task Force on Friday. The officers provided the task force with two vessels to travel to two waterfront homes in the Yankeetown area where a wanted felon was supposedly hiding out. After the task force failed to find the subject at the first home they went to the second home in the two patrol vessels. The officers found the felon leaving the area in a small Jon boat. A vessel boarding was initiated and the subject was arrested without incident on warrants for aggravated battery and introducing a controlled substance into a correctional facility.
Due to numerous complaints in the Goethe and Devil’s Hammock Wildlife Management Areas, Officers Schulz, Johnston, Starling and Hilliard located several illegal baited sites and illegal hunting equipment in the management areas. While patrolling the first two weeks of the archery season, the officers cited four subjects for hunting over bait in a wildlife management area and four subjects for having hunting equipment in the area before legal time. They also cited one subject for hunting before the established season in Goethe.
While on land patrol at the Tierra Verde Bridge, Officers Bibeau and Bibler were conducting fisheries inspections and came in contact with an individual that was actively fishing from underneath the bridge. At first the individual advised that he didn’t have any fish, but when asked about the cooler in the back of his vehicle he admitted to have a redfish and a mangrove snapper. Officer Bibeau conducted a fisheries inspection and found the undersized mangrove snapper and redfish. Officer Bibeau wrote the individual a misdemeanor citation for possession of an undersized redfish and a warning for the other fisheries violation.
Officer Martinez was on land patrol in the area of Ft. DeSoto Park in Pinellas County. While on patrol, he stopped and performed a fisheries inspection on an individual fishing from one of the piers in the park. Upon completion of his fisheries inspection, he found the subject to be in possession of nine undersized Spanish Mackerels and one undersized King Mackerel. After completing his land patrol in this area, he was sent to the area of Gandy Boulevard on the PinellasCounty side and proceeded with his land patrol. Officer Martinez conducted a fisheries inspection on a group of men that had been wade fishing in Tampa Bay. Upon completion of his inspection, he found that one of the men had caught and kept an undersized snook. The subject was issued a criminal citation for possession of undersized snook and given a court date.
Officers Burks and Martin responded to a boating accident that occurred in Pinellas County. It was a single personal water craft (PWC) with two subjects on onboard. The PWC jumped a wave and the operator let go of handle bar. As the vessel came off the wave, the handle bar throttle impaled the operator’s leg near the groin area. The operator was transported to a nearby hospital where he received medical treatment. The investigation is still ongoing.
Investigator Holcomb was requested to assist the Polk County Sheriff’s Office with the contact of a Monitored Registered Sexual Offender in the unincorporated area of Lake Wales, East Polk County. The Sheriff’s Deputies were contacting the subject in reference to his sexual offender registration and address confirmation. Prior to making contact, the Polk SO and the investigators had received information that the offender was in possession of Venomous Reptiles in the residence’s back yard in an open top, recessed pit, which was not secure and unsafe. Investigator Holcomb determined that the offender was in unlawful possession of two Eastern Diamondback Rattlesnakes and one Eastern Hognose Snake. Since the monitored offender was under by the court’s order to not commit any "new law violations," the offender was taken into custody on the violations. Investigator Holcomb charged the offender with Unlawful Possession of Venomous Reptiles to wit: two Eastern Diamondback Rattlesnakes and Failure to meet the minimum standard caging requirements for Venomous Reptiles. Polk County SO transported the defendant to the Polk County Jail. The rattlesnakes were seized and released into the wild into an appropriate habitat.
SOUTH REGION A
Investigators Corteguera, Smith and Lieutenant Garzaniti responded to a Lynx escape reported by the Davie Police Department. The animal is an approximately 70 pound Siberian Lynx and escaped the night of 9/19. After a search effort the Lynx was recovered in a neighbor’s yard and transported back to its enclosure. This was the second escape for the same animal within three months. At the conclusion of the investigation on 10/7/15, the permit holder was written a criminal citation for the escape.
PALM BEACH COUNTY
Multiple officers worked a detail in the Corbett Wildlife Management Area for the opening of the Muzzle Loader Season. This is a very active time in the WMA with non-hunters illegally going off trail and disturbing hunters. The officers checked several hunters throughout the weekend and addressed several violations that ranged from illegal possession of alcohol to license violations. They received a call from one hunter about berry pickers interfering with his hunt. The officers responded with a buggy. They observed two pickers who ran on foot. They attempted to give chase but the terrain was too rough. A short time later they located them hiding in a palmetto patch. Arrests were made for resisting without violence and picking palmetto berries in the WMA. During the search, the officers also found a baited blind, which they worked the next morning.
While on patrol in Palm Beach County, Officers Trawinski and Guerin were checking fisherman at the Boynton Beach Inlet. At approximately 4:30 am, the Officers made contact with an individual fishing on the jetty. The subject had a bucket that contained 12 mangrove snapper, which is 7 over the daily limit. The Officers seized the 7 snappers and issued the subject a citation for over the bag limit of mangrove snapper.
Officer Toby was on foot patrol at the Belle Glade Structure. He observed an individual fishing in a restricted area at the structure. Officer Toby observed the subject climb over a locked gate in this area and conducted a stop. This same individual was issued a written warning for trespassing at this location in April by Officer Toby. The subject was issued a misdemeanor citation for trespassing and a written warning for fishing with an expired freshwater fishing license.
Officers Nasworth, Toby, Mullins and Harris along with the Palm Beach County Sheriff’s Office responded to the area of LakeHarbor on Lake Okeechobee in reference to a disabled airboat. Dispatch advised all units that the airboat was stuck on a sand bar and that the phone ping came back to the area of LakeHarbor. All units along with PBSO helicopter canvassed the area, but were unable to locate the airboat. It was discovered that the airboat’s occupants had launched out of Clewiston where their vehicle and trailer were located. The PBSO helicopter searched the areas north of Clewiston where they located the subjects. All units responded to the area where they located the airboat and successfully got them free and back on the water.
Lieutenant Brown and Officer Alford received a complaint from dispatch in reference to a search and rescue on Lake Okeechobee. The officers found the disabled vessel approximately one mile west of Uncle Joe’s. The officers took one of the subjects on board to Clewiston to retrieve their truck and trailer and then assisted the subjects loading the unpowered vessel on their trailer at Uncle Joe’s. Lieutenant Brown and Officer Alford observed a vessel returning to Harney Pond Boat Ramp. The officers initiated a vessel stop for boating safety inspections. Upon approaching the vessel, the officers saw an alligator on the deck of the vessel. Once alongside the vessel, the officers discovered that the CITES tag in the tail of the alligator was not closed. The permit holder was issued a citation for failure to lock the tag closed.
Officer Woolrich was on patrol in the Hungryland Wildlife Environmental Area checking hunters during the quota archery hunt. While on patrol he observed an illegal campsite. A records check revealed that one of the subjects camping had felony warrants out for his arrest including grand theft auto, battery with a firefighter (3 counts), battery on a medical provider and DUI. The subject was taken into custody without incident and transported to the Martin County Jail and was given a warning for the illegal campsite.
St. LUCIE COUNTY
Investigator Turner was on patrol in the C-23/C-24 Public Use Still Hunt Area. He observed a white Chevrolet Silverado parked in front of a vehicle access gate, which allows access to the management areas service road. Investigator Turner conducted a plain view search of the vehicle and observed two soft rifle/gun cases in the back seat, which were empty. Due to the vehicle blocking access onto the management area, Investigator Turner was unable to drive into the property and locate the vehicle owner and occupants. Investigator Turner made several announcements over his loud speaker for the owner to exit the woods, which nobody responded. Investigator Turner kept a consistent observation of the vehicle and he eventually observed the vehicle backing away from the gate. Investigator Turner conducted a traffic stop on the vehicle and made contact with the registered owner. The driver was wearing camouflage clothing with an orange hunters vest and in possession of a shotgun contained within the passenger compartment of the vehicle. Investigator Turner identified four other male subjects who were seated in the bed of the truck. All four subjects were dressed in camouflage attire and in possession of loaded shotguns. After informing the driver that he was receiving a criminal citation for hunting out of season, the operator responded that the season opened in July. Investigator Turner asked the subject to show him where he read the management area opened in July. The subject produced to Investigator Turner the management area brochure for the property, which the front cover had an effective date of July 2015. Investigator Turner opened the brochure and pointed out the open season date, which was titled in bold lettering "Small Game October 10 - March 6." Additionally, the subject advised, his party did not read any information pertaining to the area and accompanied him on his word. The subject received one citation for violation of parking a motorized vehicle in a manner to block roads and gates and one citation for hunting out of season. Investigator Turner was conducting stationary radar within Fort PierceInletState Park. He observed a Silver Cadillac passing a vehicle in a no passing zone. He obtained a speed of the Cadillac to be traveling at 40 miles per hour in a posted 25 mile per hour speed zone. Investigator Turner conducted a traffic stop and the operator advised that he was sorry for speeding and that the people in front of him were driving 15 miles per hour. Upon making contact with the operator, Investigator Turner smelled an obvious odor of cannabis. Investigator Turner instructed the driver to exit the vehicle. During a search of the operator’s vehicle, Investigator Turner located a blue pair of shorts on the passenger side front seat, which contained a plastic package containing cannabis. The operator was the only occupant of the vehicle and he was placed under arrest and advised of his charges. The operator was transported to the St. Lucie County Jail.
Officer Shermetaro attended an arraignment hearing for a defendant who had committed three resource Fishery Misdemeanor Violations within the past five months. In this situation the penalty is enhanced from a Misdemeanor of the Second Degree to a Misdemeanor of the First degree. After reviewing all the facts involved in the case, the Judge adjudicated the subject guilty and sentenced him with one year of probation, one day in jail, $823.00 in fines and a revocation of his fishing license for one year.
Officer Shermetaro was conducting fisheries inspections on South Hutchinson Island near Blind Creek, when he observed a vehicle parked on the side of the road. Locating the vehicles owner, a resource and license inspection was conducted. The subject advised he had harvested a grouper and indicated it was in a bucket in the back of his vehicle. An inspection determined it to be a goliath grouper. The subject was issued a citation for the violation and the grouper was returned to the water alive.
While on water patrol late in the evening, Officer Shermetaro observed a vessel with no navigational lights crossing the Fort Pierce Inlet. He conducted a vessel stop and made contact with the vessel operator. During a safety and fisheries inspection, three undersized mutton snapper were located in a cooler. Two individuals on the vessel advised they had harvested the fish, both claiming ownership. Both subjects were issued a citation for the violations.
Officer Fretwell was conducting resource inspections on the south jetty, in Fort Pierce, when he observed two men fishing. The individuals were asked if they had caught any fish and they stated "only small ones" and they had returned them to the water. Officer Fretwell checked their cooler and found two 16 inch mutton snappers. Next to the individuals was a stack of buckets. In the top one there was bait. The individuals stated that was all they contained. Upon further inspection, Officer Fretwell discovered two undersized mutton snappers underneath the bait bucket. One of the individuals stated that he had been the only one fishing. He was issued a citation for the undersized fish.
Officer Fretwell was at Black Pearl Boat Ramp when he observed an individual cleaning fish. Upon closer inspection of the fish it was discovered that six of the fish were undersized snapper. The subject stated that someone had given them to him. Officer Fretwell asked the subject if he could identify the individuals that had given the fish to him and he stated yes they are out on the catwalk. Officer Fretwell asked him to go on the catwalk to show him the individuals. At this point the subject changed his story and said that the individuals had left already and they had only given him some of the fish. The subject was issued a citation for the undersized snapper.
Officer Fretwell was dispatched to the Savanah’s State Park about a vehicle operating in the area illegally. Upon arrival Officer Fretwell tracked two subjects down a trail in the park. The subjects were stopped approximately one mile inside the park boundaries. When they were asked why they had come into the park, they stated that they were just driving around. The subjects were riding a three wheel ATV. There were several areas in the park that had been disturbed; to include sand marshes. The subjects also possessed several items that are consistent with palmetto berry picking/harvesting. They later admitted to being in the park for several days picking berries. The two subjects were warned about picking berries in the state park and issued a citation for operating a vehicle off trail in the state park.
SOUTH REGION B
RPU Officer Adams and Deputy Geurra of the Monroe County Sheriff’s Office, were on land patrol in the Marathon area. When they observed a blacked out vessel approaching the shoreline on 74th Street Ocean Side. Officers observed the vessel approach the seawall near the mangroves, as it dropped off one subject, carrying a large mesh bag containing spiny lobster tails. Officers quickly approached the subject and identified themselves in English and Spanish, telling the subject to stop, and drop the bag. The subject did as he was ordered, and laid down on the ground. Officer Adams handcuffed the subject. Also during this time officers ordered the vessel back to shore where they began to inspect the vessel further. After searching the vessel officers found another 44 whole lobsters on board. During this time the vessel operator jumped in the water and swam away and was unable to be located. Officers were able to identify the operator and are in the process of issuing a warrant for his arrest at this time. Upon inspection of the mesh bag carried by the first subject, Officers discovered 77 wrung spiny lobster tails, 35 of which were undersized, as well as six out of season stone crab claws. FWC had Commercial Salvage tow the vessel. The subject was charged with the following: 71 counts of possession of over the limit of lobster, possession of 77 counts of wrung lobster tail on the water, 35 counts of possession of undersized lobsters, six counts of possession of stone crabs out of season, resisting arrest without violence and no lobster measuring device. The subject was arrested and transported to Marathon County Jail, and all evidence was seized and transported FWC Office in Marathon for trial.
Officer Hein was on state water patrol in the Key Largo area when he conducted a vessel stop on a vessel with several individuals fishing. Officer Hein conduced a boating safety inspection and a resource inspection. At the conclusion of the resource inspection, Officer Hein determined the captain to be in possession of undersized mutton snapper and was cited accordingly.
Officer Plussa was patrolling the Long Key Bridge when he stopped five subjects fishing near a large cooler. An inspection of the contents revealed it full of grossly undersized snapper. Officer Plussa immediately returned multiple undersized mangrove snapper to the resource alive. He instructed the suspects to collect their belongings and return to his patrol vehicle for the inspection. Only one of the five suspects had a fishing license and several had no identification at all. One of the individuals provided him an ID, which had an arrest warrant out from DadeCounty. Monroe County Deputy Sheriff Hager, FWC Officer Hein and FWC RPU Officer Munkelt arrived to assist in the investigation. Their cooler contained a total of 30 mangrove snapper, which 21 of them being undersized. It also contained undersized mutton and schoolmaster snapper and multiple illegally harvested marine life species. The suspects were charged with a total of 13 misdemeanors for over the bag limit, undersized in multiple species and marine life violations. They were also issued four citations for not possessing a fishing licenses and five warnings for possessing alcohol on the State Trail Bridge.
Officer Hein was on state water patrol in the Key Largo area when he noticed a vessel that was involved in a BOLO for illegal spearfishing from earlier in the day. Officer Hein approached the vessel and conducted a boating safety and resource inspection. During the vessel stop, Officer Hein asked where they had been spearfishing and one of the subjects said kind of near Molasses Reef south of Rodriguez Key. Officer Hein asked if they had any luck and they said they didn’t have much luck. After inspecting the catch, Officer Hein identified undersized hogfish, undersized grouper and a speared permit. Officer Hein was able to look at the GPS mounted on the vessel and located the vessel tracks for the day which was only in John Pennekamp State Park waters. The subjects stated that was the only place they had been spearfishing. Officer Hein determined they were spearfishing in Mosquito Bank. One individual was cited for spearfishing in the upper keys and 2 other occupants were arrested for possession of undersized hogfish, possession of undersized yellowfin grouper and spearfishing in the Upper Keys. The subjects were transported to a detention facility.
Investigator Smith and Lieutenant Dipre participated in the Saint Michael’s Law Enforcement Memorial held at St. Patrick’s Church on Alton Road in Miami on September 25, 2015. Investigator Smith carried the FWC Agency Flag in procession to the church alter area and the flag was posted there for the duration of the memorial service. Investigator Smith along with the other agency honor guard were seated in a full view along with the array of agency flags. A Catholic Mass was performed and the event was open to the public, other Law Enforcement professionals and numerous dignitaries. Lieutenant Dipre carried the State Flag during the opening ceremony and posted it next to the US Flag. For the closing ceremony, National and State colors were retrieved and led the procession of agency flags during the exit. Working alongside Monroe County Code Enforcement staff in Key Largo, DV Officer Rafter removed two vessels that were navigational hazards in neighborhood canals. Also, Bayside MM82, Officer Rafter issued the registered owner of a DV that blew onto an Islamorada flat 2 misdemeanor citations and 2 UBC’s regarding abandoned vessel on state waters and registration issues.
Officer Plussa was patrolling the Marathon Bayside area when he observed two subjects fishing from a construction site after dark. Officer Plussa approached the subjects and spoke with them about how they got to where they were fishing and if they had caught anything. They stated they had not caught any fish and admitted to trespassing through the posted construction site. Officer Plussa noticed a small mutton snapper head on the ground between the subjects. He directed them to reel in their lines. Both were using clearly-identifiable mutton snapper flesh for bait. Each subject received misdemeanors for failing to land Snapper intact and undersized mutton snapper, in addition to being cited for fishing without a license.
Officer Plussa was patrolling the Marathon area near Vaca Cut when he observed two subjects fishing near the Quay Boat Ramp. He approached the subjects and asked if they had caught any fish. One subject stated they had not caught any fish and attempted to block Officer Plussa's inspection of the surrounding area. As the subject insisted they had not caught any fish, Officer Plussa pointed to and mentioned the grossly undersized mangrove snapper on the ground next to his cooler. The subject immediately picked the fish up and threw it out into the ocean. He received misdemeanors for undersized mangrove snapper and interference with an FWC officer. The second subject was cited for fishing without a license.
Officer Plussa was returning from quarterly firearms training when he observed a vehicle driving recklessly through Marathon. The vehicle was weaving in and out of traffic, failing to signal and nearly striking Officer Plussa's patrol vehicle. The subject was also traveling at speeds near 75 miles an hour in a 35 mile speed zone. In the essence of public safety, Officer Plussa attempted to initiate a traffic stop on the vehicle, but the driver refused to stop for the next 10 miles. Officer Bulger assisted Officer Plussa in stopping the vehicle. Once stopped, the suspect stated he didn't think he had to stop despite seeing and hearing the emergency equipment. He was issued a misdemeanor for aggressive and reckless driving.
Officers Despian and Kleis were on water patrol near KeewaydinIsland when they observed a United States Coast Guard (USCG) vessel conducting a vessel stop on a center console boat occupied by 3 subjects. The USCG flagged down the Officers for assistance. When they arrived on scene, USCG personnel told the Officers that the operator and both passengers of the vessel were impaired. The USCG had already completed seated field sobriety tasks with the operator and concluded that the operator was impaired. Officer Kleis noticed that the operator appeared to have trouble staying awake and asked the operator to come on board his patrol vessel. The operator stumbled as he came on board and Officer Kleis was able to detect the odor of an alcoholic substance emanating from the operator. Officer Kleis subsequently arrested the operator for Boating Under the Influence and Officer Despian transported the suspect to the Collier County Jail where he refused to take a breath alcohol test.