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Old 08-03-2010, 11:12   #1
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New Anchoring Restrictions For Florida

Just when you thought it was safe to drop anchor,
Florida: Less than a year after the Florida legislature enacted a boater-friendly law to prevent counties and cities from restricting the anchorage of cruisers, state Rep. Richard Steinberg (D-Miami Beach) has introduced HB 1361 to reverse that stance. A patchwork of restrictions in several coastal counties currently limits anchorage to as little as two days. Miami Beach, which has a seven-day restriction, was among the first to enact the limits to mollify waterfront property owners. NMMA and marine trade associations statewide are strongly opposing this bill.
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Old 08-03-2010, 11:21   #2
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Do you have access to the text of the bill? The heading (all I could find)
says vessels not in navigation. Most anchored vessels are in navigation.
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Old 08-03-2010, 11:39   #3
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The text of the bill is here
http://tinyurl.com/yjn4pk7
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Old 09-03-2010, 05:25   #4
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Quote:
Originally Posted by Captain Bill View Post
Do you have access to the text of the bill? The heading (all I could find)
says vessels not in navigation. Most anchored vessels are in navigation.
Well it actually DOES apply to non-liveaboard vessels....
"...removing restrictions on county and municipality regulation of certain non-live-aboard vessels not in navigation..."

This targets us folks.... time to burn up the wires to your state representatives, BoatUS Legal, etc....

EDIT: The link actually gets you to Senate Bill 2506 which attempts the same modification. That's the text I quoted above...... so we have at least 2 bills attempting to remove our right to anchor w/o local restrictions....
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Old 09-03-2010, 19:11   #5
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Anchoring regulation

Just thought I would let everyone know, I contacted Dave Dickerson at the National Marine Mfg. Assoc. they are already aware of this bill, and he has his legal team on this issue already!! They are fighting for our rights!! NMMA was a huge help getting the original legislation passed, and helping with getting various Florida counties to recognize the new law. Lets put pressure from every angle we can to keep this idiotic bill from seeing the light of day!!!!
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Old 09-03-2010, 19:49   #6
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Folks - it's time for cruisers to look at - and to make clear to these municipalities that we are willing to use - the civil rights legislation known as U.S. Code 42 Section 1983, which is available to cruisers who feel their right to anchor has been abused. This is the legislation that was invoked in Stuart, and more recently, in Sarasota - Sarasota dropped a prosecution against an anchored boater, after the NMMA contacted them regarding the issue, as well as a phone call from the law firm that defended that issue.
For more details, see Claiborne's site, Cruiser's Net.
In its essence, Section 1983 removes the right of ‘qualified immunity’ from any government employee who violates another person’s rights. As well, "a plaintiff in an action under Section 1983 may sue the governmental entity or the municipality itself, in addition to or instead of suing individual agents in their official and/or individual capacities."
Jon Loevy of the Dupage County Bar Association notes about Section 1983: "Congress reasoned that where a governmental entity is forced to defend (and therefore face) unconstitutional policies and practices in open court, changes tend to be made."
In other words, if someone hands you an anchoring ticket illegally, he might as well hand you the deed to his house - and that applies to his sergeant, his lieutenant, captain, the chief of police and the mayor of whatever municipality which is out of line on this issue.
It's time to fight back. If you want more details, contact me via pm.
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Old 10-03-2010, 05:42   #7
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Greetings and welcome aboard the CF, algorithm.
Thanks for making your first post a very positive contribution.
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Old 03-05-2010, 14:38   #8
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Good news - the proposed bills were not enacted / voted upon in the 2010 legislative session which is now over. Details here: Cruiser's Net » Blog Archive » Florida Anti-cruiser Anchoring Bill Dead For the Moment

Gotta stay vigilant....
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Old 05-05-2010, 16:48   #9
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Line 43 says "However, local governmental authorities are prohibited from
regulating the anchoring outside of such mooring fields of non
live-aboard vessels in navigation"
Am I misreading - it sounds like that means outside the marked mooring field, and non-live-aboard, you should be immune from this?
Good news that it's not been enacted though, probably would have created a lot more hassles.
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