Old Florida anchoring law being enforced!

[keyspc]

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!

[Kettlewell]

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.

[jim767]

"Old Florida anchoring law being enforced!"

What law would that be??

[capngeo]

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.

[Kettlewell]

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.

[osirissail]

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.

[DotDun]

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.

[Unicorn Dreams]

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