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Old 13-08-2019, 14:39   #16
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Re: Miami Beach Anchoring Harassment

Not to mention those with that (maybe extra-legal but very real) power can pay other minions willing to just scuttle the boat leave you to sleep with the fishes.

Probably cost them less than a night out on South Beach.

Sure stand up for your rights if that's important to you. . .
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Old 13-08-2019, 14:52   #17
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Re: Miami Beach Anchoring Harassment

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Not to mention those with that (maybe extra-legal but very real) power can pay other minions willing to just scuttle the boat leave you to sleep with the fishes.
WOW, talk about paranoid bull.
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Old 13-08-2019, 15:08   #18
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Re: Miami Beach Anchoring Harassment

I've not met a cruiser who would stay where they are not wanted unless there was a problem with the boat. Who wants the attention?
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Old 13-08-2019, 17:50   #19
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Re: Miami Beach Anchoring Harassment

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I've found the MB marine police to be very polite, no problems.
Yeah as I said, the MB police have been so cool that they've just directly been telling homeowners who call that I'm legal.

And while the CG came at me unecessarily firmly, I passed their inspection, and they left.

But this FWC cop came at me with a real attitude, threats, and also seemingly false information. And he's gonna be back in a week.
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Old 13-08-2019, 18:11   #20
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Re: Miami Beach Anchoring Harassment

Get the phone number of the appropriate person at MBPD, head of the Marine Unit would be best. Tell the FWC guy to call him if he comes back. You may also get MB to put the lack of an ordinance prohibiting anchorage in writing, though I suspect they won't do that.

I have to warn you that if FWC tells you to leave and you don't, he may arrest you for failure to obey a lawful order. If it turns out the order wasn't lawful, you would have to sue to be made whole.
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Old 13-08-2019, 18:48   #21
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Re: Miami Beach Anchoring Harassment

From https://www.waterwayguide.com/latest...-effect-july-1 is chart of the restricted anchoring areas in Ft Lauderdale and Miami Beach. The article itself is worth reading if you have not seen it before.


Where are you anchored?

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Old 14-08-2019, 03:59   #22
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Re: Miami Beach Anchoring Harassment

I'm not in any of those areas. I'm up in North Beach.

The thing about where I am, is they just aren't used to seeing anchored boats & especially liveaboards (there are 2 unattended sailboats nearby). It's not a convenient anchorage for most people because there's no close by public access (I have access to a private dock). But that's part of what makes it a great location for me. I don't have to worry about getting drug into by derelict boats with inadequate anchors.
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Old 14-08-2019, 08:27   #23
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Re: Miami Beach Anchoring Harassment

As a general thought I second the previous poster who said go in person, seems to work a lot better than calling (although be prepared to be made to wait, power play).


Are you a BoatUS member? They are an advocacy group for boaters (whether it's against manufacturers who won't honor warranties or whatever), and they do have a government affairs department, they may be able to give you some clarity on the overlapping jurisdictions and may be able to be an advocate on your behalf.


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Old 14-08-2019, 08:39   #24
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Re: Miami Beach Anchoring Harassment

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I bought and moved onto a trawler about 6 months ago. I had a waterfront apt in Miami Beach, and the owner still allows my to tie my tender up to his dock when i need to go ashore. So I've been hanging out on the hook in a nearby bay. Eventually I plan to move around more, but I'm still getting everything setup exactly how I want (need to add a watermaker, etc), and I also want to stay close to homebase during my 1st hurricane season.

However, waterfront homeowners have been calling the marine police on me. Multiple cops had said i was legal in my original location, but i got sick of the harrassment so i moved to a wider part of the bay. I'm now 150yards from any shore, but homeowners are still calling every agency on me. City marine patrol doesnt even come bother me, they tell the callers directly that i am legal. The other day the coast gaurd boarded me (at request of a homeowner), but i fully passed the inspection (I have an electro scan).

Then yesterday, an FWC came, and told me I couldn't be there because "there's alot of wealthy people around here". I asked what difference that makes and he got pissed. It was clear they had nothing to complain about (im quiet, my boat is operational, etc), except that they just dont like the fact that I am there. To my knowledge, and from what the MB police have told me, the only places i cannot anchor in MB is Sunset Harbor and around the Star Islands (venetian causeway). However, this FWC officer insisted to me that all the other officers/agencies dont know the law and he does. He claims there is a Miami Beach law that I can only be anchored in "designated anchorages". He was a real jerk about it threatening to "start writing tickets", but i got him to give me a week to move.

Ok then later that day, I flagged down a Miami Beach boat cop, and he confirmed that he has never heard of any Miami Beach law which this FWC claims exist. This makes me want to stand my ground.

Id rather avoid negativity and conflict, but this seems like a line in the sand. This FWC officer said I cannot anchor ANYWHERE in Miami Beach except a couple of "designated anchorages". That would be very inconvenient because my current location is well protected, has a safe place to tie up my tender, recieve mail/packages, free street parking, as well as a free place to dispose of trash and fill jugs of water.

Looking for further advise on whether this FWC has a leg to stand on, or if he is just trying to bully me illegally under demand of "wealthy people"?

Also if I challenge this, are there any boater lobby groups, I should contact? I've read that Boat US has fought FL anchoring legislation in the past.

Thanks!
FWC Boating Regulations....

https://myfwc.com/boating/regulations/

Next time FWC comes around you quote him chapter and verse on the regulations.
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Old 14-08-2019, 08:41   #25
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Re: Miami Beach Anchoring Harassment

call the station and ask for the watch commander. explain the situation and advise that if you see this officer again and he fails to write a ticket stating exactly what regulation you are violating you will file an official complaint alleging corruption and will consider a small claims suite for damages. Use a friendly, non-threatening tone as if you understand he has a problem officer. The threats are in the context of what he can tell the officer as to how exposed he is.
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Old 14-08-2019, 08:57   #26
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Re: Miami Beach Anchoring Harassment

This is Florida. The FWC officer is most probability on someone else's payroll that wants you gone. Call the City Attorney for Miami Beach and ask for the controlling ordinances.
phone number: 305-673-7470.
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Old 14-08-2019, 09:02   #27
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Re: Miami Beach Anchoring Harassment

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Originally Posted by belizesailor View Post
Knowledge is power. Find the relavant statutes. If the FWC comes by again ask them politely to provide you a reference to the relevant statute.

Also note that power is power and you have a lot of powerful neighbors in that venue who obviously dont want you there. Local law enforcement heads are beholden to them not you.
You are correct about the power of knowing the law.

However, law enforcement officials are beholden to the law, not local homeowners. Also, FWC is a state agency, not a local one.
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Old 14-08-2019, 09:04   #28
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Re: Miami Beach Anchoring Harassment

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call the station and ask for the watch commander. explain the situation and advise that if you see this officer again and he fails to write a ticket stating exactly what regulation you are violating you will file an official complaint alleging corruption and will consider a small claims suite for damages. Use a friendly, non-threatening tone as if you understand he has a problem officer. The threats are in the context of what he can tell the officer as to how exposed he is.

I don't think I'd threaten the cops. That would be escalating the situation, and then it becomes an ego thing with law enforcement, instead of just with some landowner.

I'd go with knowing the laws, and insisting on my rights while being friendly with the officers.
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Old 14-08-2019, 09:05   #29
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Re: Miami Beach Anchoring Harassment

Maybe you could host a 10-15 boat raft up party for the week. Sounds like fun. Provide leotards for the overweight yoga classes on deck.
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Old 14-08-2019, 09:08   #30
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Re: Miami Beach Anchoring Harassment

I have not found Conservation Police to be particularly versed in the laws and statutes that pertain to recreational boats, particularly documented vessels. They have their area of expertise, but I'm guessing that this officer is over-reaching and may know the complaining parties.

We've been calling them the Conversation Police for so long, I stutter anytime I have to say Conservation Police.

I have mixed feelings on your predicament. On one hand you appear to be within your rights. If you don't fight it, you and anyone who comes to this area in the future will be met with the same tactics. On the other hand, if you do fight it, the landowners are likely to have the laws changes, you will have the time and expense of fighting it and you may have to move on in the end anyway.

I think I'd try to negotiate something that works for you and pacifies the complainers at the same time. That may mean that you agree to leave within a time-frame... which is essentially where you are at now. If that wasn't successful, I'd just move on.
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