KEY WEST, FL – A South Florida woman has been sentenced for her role in a scheme to illegally install boat lifts in the Florida Keys without the required federal permits. Jennifer Ashlee Davis, 32, of Tavernier, Florida, pled guilty to violating the Rivers and Harbors Act and was sentenced on November 30, 2016, in federal court. The case highlights a growing concern over unauthorized construction in sensitive marine environments and the failure to adhere to crucial environmental regulations.
According to court records, Davis acted as a permitting agent for Kevin P. Mason Builder, LLC (Mason), a Florida Keys boat lift installation company. Together, they oversaw the construction of approximately twelve boat lifts and associated structures between February 1, 2015, and September 30, 2015, all without obtaining necessary authorization from the United States Army Corps of Engineers (ACOE). The ACOE permits are designed to ensure construction projects do not impede navigation or cause undue harm to navigable waterways.
Investigators determined that both Mason and Davis were fully aware of the permitting requirements. Davis, in particular, was responsible for securing the permits on behalf of Mason and individual property owners. Despite knowing permits were necessary, they proceeded with the installations, effectively circumventing federal oversight. The scheme underscores a deliberate disregard for environmental regulations and a prioritization of profit over compliance.
Legal Ramifications
The pair violated Title 33 of the United States Code, specifically Sections 403 and 406 of the Rivers and Harbors Appropriation Act. Section 403 (33 U.S.C. 403) prohibits the unauthorized construction of any structure in navigable waters. Section 406 (33 U.S.C. 406) outlines penalties for such violations. Davis was sentenced to one year of probation and ordered to pay a $2,000 fine. Mason received a harsher penalty, including five years of probation, a $15,000 fine, and a mandate to implement and enforce a comprehensive Environmental Compliance Plan.
Growing Trend of Coastal Violations
This case is not isolated. Federal authorities have seen an increase in similar violations across coastal states, often involving the construction of docks, seawalls, and other structures without proper permitting. These unauthorized projects can have significant ecological consequences, including damage to sensitive habitats, disruption of marine life, and increased erosion. The ACOE is actively working to identify and prosecute such cases to deter future violations.
Key Facts
- Defendant: Jennifer Ashlee Davis
- Company Involved: Kevin P. Mason Builder, LLC
- Location: Florida Keys, Florida
- Years Active: February 1, 2015 – September 30, 2015
- Statutes Violated: 33 U.S.C. 403, 33 U.S.C. 406 (Rivers and Harbors Act)
- Davis’ Penalty: 1 year probation, $2,000 fine
- Mason’s Penalty: 5 years probation, $15,000 fine, Environmental Compliance Plan
- Number of Illegal Installations: Approximately 12 boat lifts
The GrimyTimes will continue to follow this case and report on similar environmental crimes as they develop. Readers with information regarding potential environmental violations are encouraged to contact the EPA’s hotline.
Source: EPA ECHO Enforcement Case Database
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