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Old 08-04-2016, 20:28   #46
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Re: USCG Approved Life Jackets -- Required on Foreign Flag Vessels?

After moving to Florida from the UK, my ( American citizen) wife and I ( legal alien with green card) had insurance on our first car, purchased in Florida, based on our UK issued licenses. we both took our Florida drivers tests a month or two later and now of course have those. I was once stopped by the police in Daytona who looked at my then UK license and said 'we cannot even run that' 'oh what a pity' I replied. at least he didn't shoot me though.
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Old 08-04-2016, 21:20   #47
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Re: USCG Approved Life Jackets -- Required on Foreign Flag Vessels?

What's the logic in not counting inflatable PFDs if not worn?
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Old 08-04-2016, 21:22   #48
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Re: USCG Approved Life Jackets -- Required on Foreign Flag Vessels?

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Originally Posted by DotDun View Post
I'm not sure this is true. Florida doesn't have jurisdiction over what a Florida resident owns in a foreign country, including boats.
The requirement is not on the property it's on the resident. If you become a resident of Florida you have 10 days to register your vehicles in the state. If you are a Florida resident and buy a boat in another state or country you owe Florida sales/use tax on that boat even if you never bring it into the state unless you can show you paid an equivalent tax in another US state. There is a provision for non-Florida residents that have owned the boat in another US taxing jurisdiction for more than 6 months being exempt, but there is no exemption for a Florida resident. It is a requirement of residency. As a resident you are under their jurisdiction even if the vehicle/vessel is not.


You are mixing immigration with customs. Vessels aren't 'tourists', they are foreign flagged vessels with permission to be in US under a set of rules. Owner can be a foreigner or US citizen.

Technically you are correct they are not tourists but it is basically treated as a visiting vessel. If you become a resident of the state you are no longer visiting and the 10 day rule above applies. It may be foreign flagged, and probably can remain so, but it will need a Florida registration sticker just like a US documented vessel rather than a state titled vessel. It is getting the state sticker that triggers the tax man. In this case, where the resident and the vessel are both actually in the state there is no question of jurisdiction.

I know of a US citizen that owns a corporation in BVI. The corp owns the vessel and it's been here in the US under a US Customs cruising license for years. Nothing illegal about it.

This true, because the vessel is owned by a corporation, not an individual and you are of course talking federal law. Under Florida law if he is the sole stockholder in the corporation he might technically owe the tax anyway. I know it works that way for corporations based in tax haven states like Delaware. With foreign corporations the state may not be able to find out who the stockholders are, effectively shielding the owner from the tax requirement. If he is a resident of another state the laws may be different.



Again, this happens all the time. If a foreigner owns a car in Florida, most insurance companies require a Florida Drivers License. Florida issues the license to match the term of the visa, i.e. 6 months if they are under the visa waiver program. There is nothing illegal, nor frowned upon, when a foreigner shows a valid Florida Driver's License and owns a foreign vessel.
I assume you are correct in your last position. I would also assume that the foreigner is not a "resident" of Florida when this does not create an issue. See the first paragraph. If you are a Florida resident and you are in Florida waters with a boat that you own you have 10 days to get the sticker or are in violation of the law. Do you know if these temporary drivers licenses show you to not be a resident of the state? In the OP the person in question was taking a job in the state. This makes him a Florida resident by statute. Furthermore he was actually going to live on his boat in Florida in a boat that he owns.
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Old 08-04-2016, 22:16   #49
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Re: USCG Approved Life Jackets -- Required on Foreign Flag Vessels?

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Originally Posted by markpierce View Post
What's the logic in not counting inflatable PFDs if not worn?
There's logic. And then there are laws. They don't always agree.
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Old 09-04-2016, 02:50   #50
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Re: USCG Approved Life Jackets -- Required on Foreign Flag Vessels?

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I assume you are correct in your last position. I would also assume that the foreigner is not a "resident" of Florida when this does not create an issue. See the first paragraph. If you are a Florida resident and you are in Florida waters with a boat that you own you have 10 days to get the sticker or are in violation of the law. Do you know if these temporary drivers licenses show you to not be a resident of the state? In the OP the person in question was taking a job in the state. This makes him a Florida resident by statute. Furthermore he was actually going to live on his boat in Florida in a boat that he owns.
Let me state it a different way. A Florida resident can own a properly registered foreign vessel and operate it in Florida waters under a US Customs cruising license indefinitely. The cruising license exempts the requirement for Florida registration and owing taxes to the state of Florida. So, yes, the OP could bring his foreign vessel to Florida, become a Florida resident, obtain a US cruising license, and live on it legally, without fear from local LEO hassle.

What you are stating is if the boat is USCG documented or titled/registered in another US state and is brought to Florida by a Florida resident, they have 10 days to register it in Florida. And, if this happens by a non-Florida resident, they have 90 days to register it in Florida.
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Old 09-04-2016, 04:57   #51
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Re: USCG Approved Life Jackets -- Required on Foreign Flag Vessels?

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Originally Posted by markpierce View Post
What's the logic in not counting inflatable PFDs if not worn?
The theory is, it's useless if you go in and aren't wearing it. Mind you, I've never tried this. But I have to agree they'd be hard to put on in the water.

Looking at it from a bureaucratic perspective, inflatables are Type 5 PFDs. This class of devices hasn't received CG approval for general-purpose use. They're only approved when used for what they were designed for, and in the way they were tested. Lots of flotation work coats and coveralls are in this category.

The CG is looking at getting away from "type" classifications and following the CE standards, where they're all only approved for what they've been tested for.
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Old 14-04-2016, 23:30   #52
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Re: USCG Approved Life Jackets -- Required on Foreign Flag Vessels?

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OK, thanks everyone. I'll convey all this information to my friend.

He's sailing across to Florida from Cowes to take up a job down there, and is so excited!

I guess the grass is always greener, but I'm afraid he'll be disappointed in a number of things, and I dread to imagine his first encounter with FWC.

He's also going to have problems with his 8'6" draft in his 60' Van de Stadt boat.

And he's busy studying the black water laws, and installing tanks!
He does know that Florida and the Bahamas are just one big sand bar. He'll be limited for sure. At least he can anchor with his keel.
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