Florida Private Moorings

[sailorboy1]

I got to wondering about private moorings in Florida. They seem have no real thought or organization to them like I'm used to up north. So I did a google search for how you get permission/permit to place a mooring in Florida and found nothing but blind alleys and dark holes and never found anything that says who approves a private person setting a mooring.

Anyone know?

[Island Time O25]

Did you try contacting local harbormasters directly?

[sailorboy1]

Originally Posted by Island Time O25

Did you try contacting local harbormasters directly?

I'm not trying to get one and there are no "local harbormasters" in Florida.

[keepondancin]

I am in Florida, the bays of unlimited anchored, almost derelict boats. It seems in Florida you can anchor most places, for extended periods of time, undisturbed, unless you are in front of a wealthy influential persons house. A mooring is just a big anchor, eh? Nature does it's cleansing every couple of years, and the boats disappear, but like mushrooms, they grow back pretty quickly. Shore access would be the hard part.

[a64pilot]

Originally Posted by sailorboy1

I got to wondering about private moorings in Florida. They seem have no real thought or organization to them like I'm used to up north. So I did a google search for how you get permission/permit to place a mooring in Florida and found nothing but blind alleys and dark holes and never found anything that says who approves a private person setting a mooring.



Anyone know?

I do not know, but have asked a few, last time I asked was someone who was on one in Lake Worth, who said they didn’t know, they were “borrowing” the ball from someone else.
Led me to believe that you just put one down, or pay a local to out one down, with no process.
Don’t ask, don’t tell.

[sailorboy1]

Originally Posted by a64pilot

Don’t ask, don’t tell.

Yeah but I wonder if there even is someone to ask that really has the authority to answer. I looked for 30+ minutes and couldn’t find an official answer (it’s been windy and I needed stuff to do)

[john61ct]

Follow badass Adm Grace Hopper's lead:
It's easier to ask forgiveness, than it is to get permission.

[sailorboy1]

No I want to know the real requirements

[Sand crab]

That's interesting because here in Washington State it is all laid out and you can find the details pretty quickly.

[john61ct]

It often is the case that asking about an issue the bureaucrats don't care about much, will get you much more restrictive answers than what ever gets applied in the field.

Many jurisdictional issues are unclear, as to what extent the federal laws actually allow state & local authorities to regulate this issue.

When they try to get too restrictive, and anyone cares to pay the lawyers, the rules get struck down.

And even if you did get a firm answer for one spot from one official, ask another, or about another spot, you may get a completely different answer.

[keepondancin]

Yup, it's Florida. Way different the the frozen north.

[a64pilot]

Originally Posted by sailorboy1

No I want to know the real requirements

I’m going to bet that it’s different for each location, in other words it’s a local responsibility, not a State one.
Local cities would raise Cain at the folks in Tallahassee selling “their” anchorages.

I’m going to further bet that in most places there actually is no regulation, and following that to its logical conclusion, if there is no established way to do it, then there is no legal way.

Or or could be that in most instances politicians don’t care enough to have gotten involved.

Is there a legal difference between an anchor and a mooring? I have no idea, just asking, don’t use common sense though.

[a64pilot]

Originally Posted by john61ct

It often is the case that asking about an issue the bureaucrats don't care about much, will get you much more restrictive answers than what ever gets applied in the field.

Years ago I called and asked the Fl Aviation office about landing my plane on the beach on the West side of Fl, where there is nothing, no people, houses, roads, nothing.
I got at first an “I don’t see why not” and then a later call back that was very insistent, that I could land nowhere in the State of Fl that wasn’t an “Authorized landing area” without them being able to define what authorized meant.

[Sand crab]

Originally Posted by a64pilot

Is there a legal difference between an anchor and a mooring? I have no idea, just asking, don’t use common sense though.

There is in Washington. Only waterfront property owners are allowed to put a mooring in and it has to be for their own use and not for commercial use (unless approved). It's the same rule for docks. But anyone can anchor just about anywhere.

[Outlaw7]

327.4109 Anchoring or mooring prohibited; exceptions; penalties.—
(1)(a) The owner or operator of a vessel or floating structure may not anchor or moor such that the nearest approach of the anchored or moored vessel or floating structure is:
1. Within 150 feet of any marina, boat ramp, boatyard, or other vessel launching or loading facility;
2. Within 300 feet of a superyacht repair facility. For purposes of this subparagraph, the term “superyacht repair facility” means a facility that services or repairs a yacht with a water line of 120 feet or more in length; or
3. Within 100 feet outward from the marked boundary of a public mooring field or a lesser distance if approved by the commission upon request of a local government within which the mooring field is located. The commission may adopt rules to implement this subparagraph.
(b) This subsection does not apply to:
1. A vessel owned or operated by a governmental entity.
2. A construction or dredging vessel on an active job site.
3. A commercial fishing vessel actively engaged in commercial fishing.
4. A vessel actively engaged in recreational fishing if the persons onboard are actively tending hook and line fishing gear or nets.
(2) Notwithstanding subsection (1), an owner or operator of a vessel may anchor or moor within 150 feet of any marina, boat ramp, boatyard, or other vessel launching or loading facility; within 300 feet of a superyacht repair facility; or within 100 feet outward from the marked boundary of a public mooring field if:
(a) The vessel suffers a mechanical failure that poses an unreasonable risk of harm to the vessel or the persons onboard such vessel. The owner or operator of the vessel may anchor or moor for 5 business days or until the vessel is repaired, whichever occurs first.
(b) Imminent or existing weather conditions in the vicinity of the vessel pose an unreasonable risk of harm to the vessel or the persons onboard such vessel. The owner or operator of the vessel may anchor or moor until weather conditions no longer pose such risk. During a hurricane or tropical storm, weather conditions are deemed to no longer pose an unreasonable risk of harm when the hurricane or tropical storm warning affecting the area has expired.
(3) The owner or operator of a vessel or floating structure may not anchor or moor within the marked boundary of a public mooring field unless the owner or operator has a lawful right to do so by contractual agreement or other business arrangement.
(4) The owner or operator of a vessel or floating structure may not anchor, moor, tie, or otherwise affix or allow the vessel or floating structure to remain anchored, moored, tied, or otherwise affixed to an unpermitted, unauthorized, or otherwise unlawful object that is on or affixed to the bottom of the waters of this state. This subsection does not apply to a private mooring owned by the owner of privately owned submerged lands.
(5) A violation of this section is a noncriminal infraction, punishable as provided in s. 327.73(1)(bb).
History.—s. 6, ch. 2017-163.
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