Case 9:21-cv-81119-DMM Document 1 Entered on FLSD Docket 06/25/2021 Page 1 of 7

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

UNITED STATES OF AMERICA,

Plaintiff,

v. Case No. 9:21-CV-81119

FANE LOZMAN,

Defendant.

COMPLAINT

Plaintiff, United States of America (“United States”), through its undersigned attorneys,

by the authority of the Attorney General of the United States, and at the request of the Secretary

of the Army acting through the United States Army Corps of Engineers (“Corps”), files this

Complaint and alleges as follows:

NATURE OF THE ACTION

1. The United States brings this civil enforcement action under sections 12 and 17 of

the Rivers and Harbors Appropriation Act of 1899 (“RHA”), 33 U.S.C. §§ 406, 413, against

Defendant Fane Lozman.

2. As alleged herein, Defendant built and is building structures in waters of the

United States without authorization, in violation of RHA section 10, 33 U.S.C. § 403.

3. As alleged herein, Defendant also created an obstruction to the navigable capacity

of a water of the United States without authorization, in violation of RHA section 10, 33 U.S.C.

§ 403.

4. The United States seeks injunctive and other relief as requested herein.
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JURISDICTION AND VENUE

5. This Court has subject-matter jurisdiction pursuant to 33 U.S.C. § 406 and 28

U.S.C. §§ 1331, 1345.

6. Venue is proper in the Southern District of Florida pursuant to 33 U.S.C. § 406

and 28 U.S.C. § 1391(b), because the unauthorized structures exist in this District and the events

giving rise to this claim occurred in this District.

THE PARTIES

7. Plaintiff in this action is the United States of America. Authority to bring this

action is vested in the United States Department of Justice. See 28 U.S.C. § 516; 33 U.S.C.

§ 413.

8. Defendant Fane Lozman is an individual residing in this District.

FACTUAL ALLEGATIONS

A. The Site

9. Defendant owns a parcel of real estate in Palm Beach County, Florida, with parcel

identification number 56-43-42-22-00-001-0200.

10. For purposes of this Complaint, the parcel of real estate described in Paragraph 9

is the “Site.”

11. The address of the Site is 5101 North Ocean Drive, Riviera Beach, Florida 33408.

12. Part of the Site is submerged land within Lake Worth Lagoon.

13. Lake Worth Lagoon is subject to the ebb and flow of the tide.

14. Lake Worth Lagoon is used or may be susceptible for use to transport interstate or

foreign commerce.

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B. Defendant’s Conduct

15. On or before June 9, 2020, and continuing to the present, Defendant or persons

acting at his direction, built or installed structures in Lake Worth Lagoon adjacent to and in

waters over a submerged part of the Site.

16. The structures consist of modules of approximately ten inches of Styrofoam

topped with three to four inches of concrete.

17. Defendant arranged certain modules into four larger structures that measure

approximately 100 feet, 80 feet, 40 feet, and 30 feet in length.

18. Defendant installed an approximately twenty-foot-by-seven-foot shipping

container on top of the module that measures approximately eighty feet in length.

19. Defendant connected certain modules to mangroves on the shore of the Site using

chain and rope.

20. In or around January 2021, Defendant attempted to drive pilings into submerged

land in Lake Worth Lagoon and connect certain modules to those pilings.

21. Defendant built or installed the structures in a portion of Lake Worth Lagoon

where no harbor lines have been established.

22. At no time did Defendant or any person on Defendant’s behalf apply for or secure

authorization to build the structures alleged herein pursuant to 33 U.S.C. § 403 or 33 C.F.R.

§ 322.3(a).

23. On or about January 12, 2021, the Corps issued a Notice of Violation to advise

Defendant that the unauthorized structures that Defendant built in Lake Worth Lagoon are

unlawful and to cease and desist conducting such activities in waters of the United States.

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24. The structures, including the manner in which Defendant is securing the structures

in place, present a hazard to safety and navigation on Lake Worth Lagoon.

25. For example, in at least three separate incidents some of Defendant’s

unauthorized structures became unmoored and drifted into Lake Worth Lagoon. These incidents

created an increased risk to navigation, property, and public safety.

26. Defendant continued building unauthorized structures in Lake Worth Lagoon at

the Site after the Corps issued the Notice of Violation. For example, Defendant rearranged the

structures after the Corps issued the Notice of Violation. Defendant built a staircase and affixed

the staircase and additional building materials to the top of the shipping container that Defendant

placed on one of the floating modules. And Defendant re-moored unauthorized structures that

drifted away from the Site and into Lake Worth Lagoon.

CLAIM: BUILDING STRUCTURES IN WATERS OF THE UNITED STATES

WITHOUT AUTHORIZATION

27. The United States repeats the allegations set forth in Paragraphs 1–26.

28. RHA section 10 prohibits “[t]he creation of any obstruction not affirmatively

authorized by Congress, to the navigable capacity of any of the waters of the United States.” 33

U.S.C. § 403.

29. RHA section 10 also makes it unlawful “to build or commence the building of any

wharf, pier, dolphin, boom, weir, breakwater, bulkhead, jetty, or other structures in any port,

roadstead, haven, harbor, canal, navigable river, or other water of the United States, outside

established harbor lines, or where no harbor lines have been established, except on plans

recommended by the Chief of Engineers and authorized by the Secretary of the Army.” 33

U.S.C. § 403.

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30. A Department of Army permit is required under RHA section 10 for structures or

work in or affecting navigable waters of the United States. 33 C.F.R. § 322.3(a).

31. “Navigable waters of the United States are those waters that are subject to the ebb

and flow of the tide and/or are presently used, or have been used in the past, or may be

susceptible for use to transport interstate or foreign commerce. A determination of navigability,

once made, applies laterally over the entire surface of the waterbody, and is not extinguished by

later actions or events which impede or destroy navigable capacity.” 33 C.F.R. § 329.4.

32. A “structure” includes, but is not limited to, “any pier, boat dock, boat ramp,

wharf, dolphin, weir, boom, breakwater, bulkhead, revetment, riprap, jetty, artificial island,

artificial reef, permanent mooring structure, power transmission line, permanently moored

floating vessel, piling, aid to navigation, or any other obstacle or obstruction.” 33 C.F.R.

§ 322.2(b).

33. Defendant, or persons acting at Defendant’s direction, built the structures alleged

herein.

34. The structures that Defendant built are “structures” within the meaning of the

RHA, and require authorization under RHA section 10 and the Corps’ implementing regulations.

35. Lake Worth Lagoon is a navigable water of the United States within the meaning

of the RHA.

36. The structures that Defendant built or installed in Lake Worth Lagoon are also

obstructions to the navigable capacity of Lake Worth Lagoon.

37. Defendant violated and continues to violate RHA section 10, 33 U.S.C. § 403, by

(a) building structures in Lake Worth Lagoon, as alleged herein, without a permit; and

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(b) creating an obstruction to the navigable capacity of Lake Worth Lagoon, as alleged herein,

without a permit.

PRAYER FOR RELIEF

38. WHEREFORE, the United States respectfully requests that the Court order the

following relief:

a. Enjoin Defendant from further building structures in waters of the United States,

except in compliance with the RHA;

b. Compel Defendant to remove the unauthorized structures alleged herein from

waters of the United States;

c. Award the United States costs and disbursements in this action; and

d. Grant any such other relief as the Court may deem just and proper.

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Dated: June 25, 2021 Respectfully submitted,

JEAN E. WILLIAMS
Acting Assistant Attorney General

Of Counsel: /s/ Brandon N. Adkins

BRANDON N. ADKINS (Bar ID No. A5502752)
Alexandra Holliday SYDNEY A. MENEES (Bar ID No. A5502755)
U.S. Army Corps of Engineers United States Department of Justice
701 San Marco Boulevard Environment & Natural Resources Division
Jacksonville, FL 32207 P.O. Box 7611
Tel: (904) 232-1041 Washington, D.C. 20044
[email protected] Tel: (202) 616-9174
Fax: (202) 514-8865
[email protected]

JUAN ANTONIO GONZALEZ

Acting United States Attorney

DEXTER LEE (FL Bar No. 936693)

Assistant United States Attorney
Southern District of Florida
99 N.E. 4th Street
Miami, FL 33132
Tel: (305) 961-9320
Fax: (305) 530-7679
[email protected]

Attorneys for the United States

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 Case 9:21-cv-81119-DMM Document
JS 44 (Rev. 10/20) FLSD Revised 02/12/2021 1-1 COVER
CIVIL Entered SHEET
on FLSD Docket 06/25/2021 Page 1 of 1
The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided
by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating
the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.
I. (a) PLAINTIFFS DEFENDANTS
UNITED STATES OF AMERICA FANE LOZMAN

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant Palm Beach
(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.
(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)
Brandon N. Adkins and Sydney A. Menees
U.S. Dep't of Justice
P.O. Box 7611
Washington, DC 20044
202-616-9174
(d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEE HIGHLANDS

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff)
(For Diversity Cases Only) and One Box for Defendant)
■ 1 U.S. Government 3 Federal Question PTF DEF PTF DEF
Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4
of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5
Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6

Foreign Country
IV. NATURE OF SUIT (Place an “X” in One Box Only) Click here for: Nature of Suit Code Descriptions
CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES
110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC 158 375 False Claims Act
120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC 881 423 Withdrawal 376 Qui Tam (31 USC
130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC 157 3729 (a))
140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment
150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust
& Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking
151 Medicare Act 330 Federal Employers’ Product Liability 830 Patent 450 Commerce
152 Recovery of Defaulted Liability 368 Asbestos Personal 835 Patent – Abbreviated 460 Deportation
New Drug Application
Injury Product /LDELOLW\ 840 Trademark 470 Racketeer Influenced and
Student Loans 340 Marine 880 Defend Trade Secrets Corrupt Organizations
Act of 2016
(Excl. Veterans) 345 Marine Product LABOR SOCIAL SECURITY 480 Consumer Credit
(15 USC 1681 or 1692)
153 Recovery of Overpayment Liability 3(5621$/3523(57< 710 Fair Labor Standards 861 HIA (1395ff) 485 Telephone Consumer
Protection Act (TCPA)
of Veteran’s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV
160 Stockholders’ Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/
190 Other Contract Product Liability 380 Other Personal 740 Railway Labor Act 864 SSID Title XVI Exchange
195 Contract Product Liability 360 Other Personal Property Damage 751 Family and Medical 865 RSI (405(g)) 890 Other Statutory Actions
196 Franchise Injury 385 Property Damage Leave Act 891 Agricultural Acts
362 Personal Injury - Product Liability 790 Other Labor Litigation 893 Environmental Matters
Med. Malpractice 791 Empl. Ret. Inc. 895 Freedom of Information
REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS Security Act FEDERAL TAX SUITS Act
210 Land Condemnation 440 Other Civil Rights Habeas Corpus: 870 Taxes (U.S. Plaintiff 896 Arbitration
220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure
230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS—Third Party 26 USC Act/Review or Appeal of
Sentence 7609 Agency Decision
240 Torts to Land 443 Housing/ Other: 950 Constitutionality of State
Accommodations Statutes
245 Tort Product Liability 445 Amer. w/Disabilities - 530 General IMMIGRATION
290 All Other Real Property Employment 535 Death Penalty 462 Naturalization Application
446 Amer. w/Disabilities - 540 Mandamus & Other 465 Other Immigration
Other 550 Civil Rights Actions
448 Education 555 Prison Condition
560 Civil Detainee –
Conditions of
Confinement
V. ORIGIN (Place an “X” in One Box Only)
1 Original 2 Removed 3 Re-filed 4 Reinstated 5 Transferred from 6 Multidistrict 7 Appeal to 8 Multidistrict
Proceeding from State (See VI or another district Litigation
District Judge Litigation 9 Remanded from
Appellate Court
Court below) Reopened (specify) Transfer
from Magistrate – Direct
Judgment File
VI. RELATED/ (See instructions): a) Re-filed Case YES NO b) Related Cases YES NO
RE-FILED CASE(S) JUDGE: DOCKET NUMBER:
Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unless diversity):
VII. CAUSE OF ACTION 33 U.S.C. § 403. Unauthorized building of structures in waters of the United States.
LENGTH OF TRIAL via 10 days estimated (for both sides to try entire case)
VIII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION
DEMAND $ CHECK YES only if demanded in complaint:
COMPLAINT: UNDER F.R.C.P. 23
JURY DEMAND: Yes No
ABOVE INFORMATION IS TRUE & CORRECT TO THE BEST OF MY KNOWLEDGE
DATE SIGNATURE OF ATTORNEY OF RECORD
June 25, 2021 /s/ Brandon N. Adkins

FOR OFFICE USE ONLY : RECEIPT # AMOUNT IFP JUDGE MAG JUDGE
 Case 9:21-cv-81119-DMM Document 1-2 Entered on FLSD Docket 06/25/2021 Page 1 of 1

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURT

for the
Southern District
__________ District of
of Florida
__________

UNITED STATES OF AMERICA )

)
)
)
Plaintiff(s) )
)
v. Civil Action No. 9:21-CV-81119
)
FANE LOZMAN )
)
)
)
Defendant(s) )

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

FANE LOZMAN
2913 Avenue F
Riviera Beach, FL 33404

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,
whose name and address are:
Brandon N. Adkins
United States Department of Justice
Environment & Natural Resources Division
P.O. Box 7611
Washington, DC 20044

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

CLERK OF COURT

Date:
Signature of Clerk or Deputy Clerk