Cruisers Forum
 


Join CruisersForum Today

Reply
 
Thread Tools Rate Thread Display Modes
Old 22-06-2011, 15:46   #1
Registered User
 
keyspc's Avatar

Join Date: May 2008
Location: hard aground in C.FL
Boat: 34' 1973 Grampian ketch
Posts: 294
Old Florida anchoring law being enforced!

Hi all!
Please don’t mark this off as Spam!
We really are fighting for the right to live onboard with our kids in Melbourne FL (US). We’ve had the Children and families try to tell us it was illegal to even have kids sleep overnight on a boat!
We are currently under attack by one particularly discriminatory marine unit officer who says” I didn’t change the law” this guy also has told me “I’ll continually bother you, you WILL move “
I had my dinghy sunk after an attempted theft. Culprit was caught red handed and photo taken.
Why was he let go? He told officer “I only wanted to see what was inside” .now C’mon if I break the hood open on your car because I only wanted to see what was in it would I be let go?
Please choose to follow my blog
http://keyspcs.blogspot.com
And keep track of this! word must get out!
__________________

__________________
http://sailingodat.blogspot.com/ Please click to follow
"If you cant think of anything to be grateful for, list that which you should be grateful for"
keyspc is offline   Reply With Quote
Old 22-06-2011, 16:12   #2
Registered User

Join Date: Jul 2006
Posts: 3,949
Re: Old Florida anchoring law being enforced!

Can you be more specific about what you are doing and what is happening to you? My advice is to try to not be confrontational with the marine patrol officer, but do hand him a nice color copy (the best you can make) of the BoatUS anchoring law advice (latest version), and ask him what specific law you are violating. Ask him for his name and badge number, and to please show you ID. Make a note of those things. Being polite and calm will go a long way with many law officers.
__________________

__________________
Kettlewell Cruising
Kettlewell is offline   Reply With Quote
Old 22-06-2011, 16:33   #3
Registered User
 
jim767's Avatar

Join Date: Oct 2010
Location: Kentucky, Little River, SC
Boat: Skookum 53
Posts: 96
Images: 2
Re: Old Florida anchoring law being enforced!

"Old Florida anchoring law being enforced!"

What law would that be??
__________________
jim767 is offline   Reply With Quote
Old 22-06-2011, 16:36   #4
Mooderator
 
capngeo's Avatar

Cruisers Forum Supporter

Join Date: Jul 2010
Location: Key West & Sarasota
Boat: Cal 28 "Happy Days"
Posts: 4,211
Images: 12
Send a message via Yahoo to capngeo Send a message via Skype™ to capngeo
Re: Old Florida anchoring law being enforced!

I had a similar issue when I lived aboard.... A nice letter to the top person at DEP law enforcement worked for me.... It was FMP back then. I cited relevant statutes, and documented all the times I was "inspected" in 90 days... And all of the things the nice officer said.
__________________
Any fool with a big enough checkbook can BUY a boat; it takes a SPECIAL type of fool to build his own! -Capngeo
capngeo is offline   Reply With Quote
Old 22-06-2011, 16:37   #5
Registered User

Join Date: Jul 2006
Posts: 3,949
Re: Old Florida anchoring law being enforced!

Quote:
What law would that be??
Excellent point! The new law only tweaked things marginally--it has always been perfectly legal to anchor almost anywhere in Florida as long as one is not a "liveaboard." Liveaboard status has always subjected one to various local ordinances that do not pertain to "cruisers." When in Florida, never refer to yourself as a "liveaboard" when talking to the law. Always maintain that you are a "cruiser," and they really don't have anything to get you with as long as you aren't anchored in a channel, have your boat properly registered, and are meeting all equipment requirements like MSDs and such.
__________________
Kettlewell Cruising
Kettlewell is offline   Reply With Quote
Old 23-06-2011, 19:56   #6
Senior Cruiser
 
osirissail's Avatar

Cruisers Forum Supporter

Join Date: Feb 2009
Location: A real life Zombie from FL
Boat: Gulfstar 53 - Osiris
Posts: 5,416
Images: 2
Re: Old Florida anchoring law being enforced!

Unless something has changed in Florida, the State definition of a "live-a-board" is any occupied vessel that has not moved geographically from its location for 30 contiguous days. If you up anchor and move across the bay/river/whatever before the 30 days is up, you are NOT a live-a-board as defined by the State.
- - As a live-a-board, Florida law says any "official" of the State can board and inspect you for proper MSD/holding tank usage, etc.
- - If you move before the 30 days are up you are a "transient" and the rules are not designed to be overly onerous. The intent of the law was to separate the long term and derelicts from the honest transients.
- - If nobody is living onboard or the boat is in a marina then it is exempt from the "live-a-board" rules.
__________________
osirissail is offline   Reply With Quote
Old 23-06-2011, 20:10   #7
Registered User

Join Date: Jun 2007
Location: SW Florida
Boat: FP Belize, 43' - Dot Dun
Posts: 3,432
Re: Old Florida anchoring law being enforced!

In Florida the definition of liveaboard changed in 2009.

(copied from http://www.boatus.com/gov/pdf/GA005F...gPaper2011.pdf)

(from Chapter 2009-86, section 6)
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.
__________________
DotDun is offline   Reply With Quote
Old 23-06-2011, 20:32   #8
Registered User
 
Unicorn Dreams's Avatar

Join Date: Aug 2007
Location: Clear Lake Marine Services - Seabrook, Texas
Boat: Gulfstar, Mark II Ketch, 43'
Posts: 2,359
Re: Old Florida anchoring law being enforced!

Well the new definition makes it easier.
my residence is my land home, my boat is a navigable vessel.
But then again, I've never had trouble anchoring in Florida ever
__________________

__________________
Formerly Santana
The winds blow true,The skies stay blue,
Everyday is a good day for SAILING!!!!
Unicorn Dreams is offline   Reply With Quote
Reply

Tags
anchor, anchoring, florida

Thread Tools
Display Modes Rate This Thread
Rate This Thread:

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
FL Anchoring Rights Law Passed! markpj23 Cruising News & Events 4 15-10-2009 02:52
New Anti-Anchoring & Liveaboard Law in Florida Ram Liveaboard's Forum 41 21-03-2009 10:56



Copyright 2002- Social Knowledge, LLC All Rights Reserved.

All times are GMT -7. The time now is 15:32.


Google+
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.
Social Knowledge Networks
Powered by vBulletin® Version 3.8.8 Beta 1
Copyright ©2000 - 2017, vBulletin Solutions, Inc.

ShowCase vBulletin Plugins by Drive Thru Online, Inc.