Florida Boaters Unite: defeat HB 955 and SB 1126

[DotDun]

Originally Posted by a64pilot

No, and I did of course anchor and spend the night, but I assume it keeps you off the beach? What does it mean anyway? Actually I read about the signs on Active Captain and could see them from my boat so I didn't go ashore like I had planned

Point is what used to be free access is now trying to be controlled, whether it be anchoring out or beach access. Example, up to the mean high tide line the beach is public, but how many resorts have you seen that control the beach all the way to the water because they have a "private beach".

It's not just boating, used to be you could land your airplane almost anywhere on public land in Idaho, Nevada etc., now for some reason that is being shut down and a few groups have been formed to fight this, and they are being successful. If we don't form some kind of group to fight this, we will lose our anchoring "privileges"

One can only assume the signs are just more of the endangered plant/animal protection crap that continues to mushroom into all out craziness.

I know the signs your are referring to and have them around the area I live, and yes, they irritate the crap out of me. Believe me, I'm all for environmental/plant/animal protections, but rational protection, what I've seen is just downright stupidity.

I get the joy of fishing the floating signs and associated sticks and string out of the water as none of the idiots that put them 2' above the high tide line realize that any significant thunderstorm and associated wave surge takes the stupid signs out to sea. No environmental concerns there! I guess it's their way of not having to come back and get the signs at the end of bird nesting season.

If the signs are the same I see, they state "no landing". So, anchor the dinghy in 1' of water and wade to shore.

[letsgetsailing3]

Originally Posted by a64pilot

No, and I did of course anchor and spend the night, but I assume it keeps you off the beach? What does it mean anyway? Actually I read about the signs on Active Captain and could see them from my boat so I didn't go ashore like I had planned

Point is what used to be free access is now trying to be controlled, whether it be anchoring out or beach access. Example, up to the mean high tide line the beach is public, but how many resorts have you seen that control the beach all the way to the water because they have a "private beach".

It's not just boating, used to be you could land your airplane almost anywhere on public land in Idaho, Nevada etc., now for some reason that is being shut down and a few groups have been formed to fight this, and they are being successful. If we don't form some kind of group to fight this, we will lose our anchoring "privileges"

I think the bird hatchling thing is seasonal on public lands.

As far at the private beach thing, it's really getting out of control. More and more, people who own land adjacent to the beaches are fencing off the public beach next to their property, as they have rights down to the "mean high water mark". I don't know how they measure this, but high tide in the summer goes higher than where their fences are.

Not only that, these same properties put their beach chairs just outside of the fenced off space, essentially blocking off the entire beach for their residents and guests.

It seems a crime, really.

Municipalities (like Destin) have begun to fight this, but the beach front owners have a lot of money/clout.

For me, they should be paying a LOT more in taxes, as they are annexing beach next to their property. They should be paying seriously inflated rates for that additional land.

[a64pilot]

Originally Posted by denverd0n

None. Beaches in Florida are not private. Period. The law is completely clear on that. If anyone tries to keep you off of a beach, then they are committing a crime. You should call the police and report them.

Note that there is no requirement that they allow you to cross their private property in order to gain access to the beach, and in some ways--in some areas--this may create a de facto private beach. But you can approach from the water, or walking along the beach, and they are committing a crime if they try to stop you.

As a previous beach front property owner, I know this.
But, we just came back from Sarasota where we stayed a few days at a marina that was part of a resort (Longboat key club, only open slot I could find on the fourth, not the kind of place where I fit in) anyway we went to their resort beach once. They set up their chairs wall to wall all they way to the waters edge and had people that would ask anyone that came up with their own chairs to leave. I know it's not their property and they have no legal right to control it, but they do.

Have you had a local watercop come up and tell you that you can't anchor somewhere yet? I have, and I moved because I know he can't legally make me leave, but I also know that is an argument that I don't want to have as it would be painful.

[soverel]

Ive had local water cops come up to me. Plenty of times. Said he made it his mission to do away with anchoring. I made it my mission to do away with him. I succeeded. Carry florida anchoring laws with you. Know the law better than the cops. Dont be intimidated by a badge.

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[soverel]

http://www.southwindssailing.com

On homepage BoatUS anchoring laws. I encourage all print them out and keep on boat. My experience is when asked if they (cops) would like to actually read the law; they decline and move on.


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[denverd0n]

Originally Posted by a64pilot

They set up their chairs wall to wall all they way to the waters edge and had people that would ask anyone that came up with their own chairs to leave. I know it's not their property and they have no legal right to control it, but they do.

Yeah, they do. And it is perfectly legal for you to move the chairs out of the way, or climb over them. And if they try to use force to stop you, or to make you leave, that is assault. Call the cops and press charges.

The only reason that resorts try this crap is because they get away with it 90% of the time. Don't let them get away with it.

[RTB]

Originally Posted by a64pilot

Yes, but that doesn't mean you can anchor there.

On my trip back from Tarpon springs a week ago we stopped at Dog Island to take a day off. I've been going to Dog Island off and on for most of my life, it's used to be pretty much a deserted island that you could only get there by boat or airplane, anyway it's an island that if your walking the beach your by yourself.
Seems the whole beach now has signs everywhere that it's now some kind of designated sea bird hatching area. What does that mean? I think it means unless you own a house there, keep off of "their" beach?

We were there a few months ago. No problem going ashore on the beach (where the beached sailboat is (Gulf side), just inside the hook of the west end). This isn't anything new. Even the Waterway Guide has a note about Dog Island. "The island's hospitable owner allows cruising mariners to explore the beaches. A portion of the island is a bird breeding area, posted with Keep Out signs. Please honor them. The posted area does not include the beach".

We have anchored all over Florida during the past 19 months, from Brunswick Georgia down to the Keys, and up the west coast to Pensacola. We have had absolutely no issues whatsoever. We don't stay long anywhere though, since we are cruising. We certainly have seen many junk boats with multiple anchors out, "barnacle buckets", that have clearly not moved in a very long time. They are ugly to look at and take up prime space at some good anchorages. Can't say they are a joy to look at, and probably what Florida is trying to rid itself of.

Just my observations and 2 cents....

Ralph
Southbound again | sailing away with R & B

[a64pilot]

Originally Posted by soverel

SOUTHWINDS | Southern & Florida Sailing Magazine

On homepage BoatUS anchoring laws. I encourage all print them out and keep on boat. My experience is when asked if they (cops) would like to actually read the law; they decline and move on.


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I'll print it and keep it with me, hadn't thought about that.

I've only had it happen once

[letsgetsailing3]

Originally Posted by RTB

We have anchored all over Florida during the past 19 months, from Brunswick Georgia down to the Keys, and up the west coast to Pensacola. We have had absolutely no issues whatsoever. We don't stay long anywhere though, since we are cruising. We certainly have seen many junk boats with multiple anchors out, "barnacle buckets", that have clearly not moved in a very long time. They are ugly to look at and take up prime space at some good anchorages. Can't say they are a joy to look at, and probably what Florida is trying to rid itself of.

Just my observations and 2 cents....

Ralph
Southbound again | sailing away with R & B

Seems like there would be a way to deal with derelict boats without hassling the people who are just sailing through or stopping for a few days.

There is some middle ground, and we should be able to find it. What we shouldn't do is let some people hijack the issue for their own motives, like expanding the unobstructed view from their balcony, expanding their territorial rights, or making cruisers pay an unnecessary toll.

[RTB]

The way I read it -

Does it matter if I “live-aboard” my vessel?

Full time, active cruisers who live on their boats with no permanent residence on land are no longer

considered live-aboards under this law. As a result, their anchoring cannot be regulated by local

governments. It is no longer relevant that the vessel is a boater’s “legal residence;” that term has been

removed from the statute.

I don't see where I'm going to have a problem anchoring out for a few days while enjoying what the area has to offer, or waiting out weather.

However -

327.02 Definitions of terms used in this chapter and in chapter 328.- As used in this chapter and in

chapter 328, unless the context clearly requires a different meaning, the term: (17) ”Live-aboard vessel”

means:

a) Any vessel used solely as a residence and not for navigation; b) Any vessel represented as a place of

business, or a professional or other commercial enterprise; or c) Any vessel for which a declaration of

domicile has been filed pursuant to s. 222.17.

This doesn't really apply to active "cruisers in transit", which is what we are.

I am not a Florida resident, so I really don't have a voice regarding laws there. I'm sure we will continue to cruise through the state on our way to the Bahamas. Hopefully, that doesn't become a real problem.

Ralph
New home | sailing away with R & B

[Robin3]

Originally Posted by a64pilot

I'll print it and keep it with me, hadn't thought about that.

I've only had it happen once

I just printed it all out and will have it laminated today ready to keep permanently to hand on board. We are no longer full time live-aboards having bought a condo on land after my stroke 2 years ago, but we still hope to cruise Florida and beyond whilst living on board our now sailboat for longish periods and without just going from one marina floating parking lot to another.


I sympathise with wanting to deter the derelicts as we live overlooking an ICW anchorage and had one such derelict that eventually sank but has since been refloated and removed. there was one south of us that was being used as a Crystal Meths production Lab, eventually discovered by the law and acted on, but you can see why folks have concerns.

[CarlF]

The last lines of the PDF on the law says:

It is important to note that the 2009 legislation that created these programs also placed an end to the pilot program on July 1st, 2014. All local ordinances enacted under this section “shall expire concurrently with the expiration of the pilot program and shall be inoperative and unenforceable thereafter” unless they are reenacted by the Legislature.

So what is the situation on July 16, 2014?

[a64pilot]

This link, is it to a document that has 2011 at the top of the page?

[soverel]

The document is still applicable ie florida has not changed laws as of yet. This was put out after pilot programs started to clarify.

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[soverel]

And i believe the pilot programs are being extended.

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