Anchoring in South Florida

[AnchorageGuy]

First of all it was meant to be a bit sarcastic and a bit tongue in cheek. So sorry if you didn't see the humor in it. But it also reflects the nature of the boating public. Any changes that have come about in a positive nature in recent years have come about from pressure applied by organizations like BoatUS and the marine trade associations and not by efforts by the individual boaters themselves. That is why the politicians and the wealthy land owners have come to understand that we are easy targets that won't put up much of a fight. If that truth bothers anyone then someone needs to change the truth. Until then that is the way it is and the restriction placed on us will continue to narrow the pleasures of this lifestyle. We have lived aboard and cruised extensively for over 16 years and dealt with anchoring restrictions and heavy handed law enforcement.We have never been arrested and never had to pull up anchor and leave right now nor have we had to hire a lawyer. It is funny that we have never even been issued a citation even though we have been threatened. How you respond and how you handle any given situation determines the ultimate outcome. But we have been active in getting the word out when the authorities are in the wrong and helping to establish boycotts of those areas in Florida many years ago that were overly restrictive. In time that changed when the powers that be saw that perhaps we had something to contribute to their economy and when the small businesses began to jump up and down because they lost business. That is how we used to get things done but times have changed. That is from where we speak.

[Tropic Cat]

Chuck

You're exactly right. Cruisers by definition aren't part of the local community.

As has been pointed out many times, local tax payers are determined to prevent a waterborn version of a trailer park appearing in their community. Address this concern, and they will be reasonable.


Rick in Florida

[Jimske]

Is there any movement in New England regarding changing the law? I, for one, am getting tired of being asked to move. Particularly when I know I am in a safe and out of the way place with my tri which draws 32".

Recently a friend suggested a book, "You Have a Right to Anchor" and I have sent away for it.

Jim

[Wahoo Sails]

It seems that the new FL law will be tested in court soon. A chap aboard a trawler anchored in the Marco Island area, in spite of the local ordinance. According to the boat owner, all of the law enforcement people acted proffessionaly ... and yes ... he does have the money necessary to fight this. We are all waiting anxiously to see the outcome of all of this. One quick upshot is that none of us refer to ourselves (anymore) as "liveaboards" ... we are now "full time cruisers" ... legal distinction that!
Does anyone recall why & where this phrase became so popular .... "First we kill all the lawyers ...."
Bob

[Bob Hartman]

So...what has become of the Marco Isl test case? Did it go to court?

Bob

[will n]

My parents own a place in North Palm Beach (north of West Palm Beach believe it or not..) Their condo is right where the intercoastal dumps into Lake Worth if anyone knows the area.

Every winter the area is filled with cruisers from all over...I've seen the same boat there for well over a month without being moved, and as far as I've been told the only cost is to moor your dingy at the Old Port Cove Marina...the same marina where Tiger Woods, Ken Griffey Jr., and others have their yachts...

So maybe it's not complete doom and gloom.

On behalf of the cities that enforce this law IMHO there certainly are many who would anchor indefinitely without some sort of restriction. And all of us know the boats that tend to do that. If any of you have driven down US 1 in the keys you can see boats sitting that have been doing so for at least the last 3 years...every time I go down there they sit, rotting.

Chuck, I tend to agree with you BTW. I certainly know I'm a culprit of whining without any intent in acting on many issues. The government is a big force to be reckoned with, especially with the Patriot Act, but that's a whole other discussion.

[waterworldly]

Just an observation: No one sited an incident where a local community actually dished the state law. Rumors, rumors rumors . . . Also, if you wanted to take on an incident, why choose a big city like Miami Beach when you can go against a small hamlet like Lantana, with a much smaller stomach for such litiagation?

[Vasco]

Here's a link to what's happening on the Marco island case.
http://www.cruisersnet.net/index.php?categoryid=78

[JusDreaming]

As the moderator of the Salty Southeast Cruisers' Net, I normally try to stay at least a bit non-partisan in my ravings. But, not this time!

This Friday, October 12 at 9:00 am, what may well be the most important court case to affect ALL who ever go cruising on the waters of the Sunshine State will take place at the Collier County Court Houe on Marco Island. We need to get as many cruisers in attendance at this important event as possible.

I, myself, am flying down to Florida tomorrow (Thursday, October 11), entirely at my own expense, to be an "expert" witness (boy, do I have them fooled), in the trial. Who knows how long the trial will go on, but, as noted above, we need to be there in force!!!!

For those who are new to this list, here is a very brief, and vastly oversimplified version of what's going on here. In 2006, the Florida state legislature finally came to grips with an argument that many, including yours truly have been advancing for better than 20 years. Namely, that local and county anchorage regulations in Florida are unfair, haphazardly and selectively enforced, and are so confusing as to be all but unintelligible even to cruisers who are trying to follow the letter of the law. So, the state passed a stronger version of an earlier law that forbade counties and municipalities from regulating anchorage UNLESS the county or city in question sets up a STATE APPROVED mooring field (such as the one that has been created in Marathon's Boot Key Harbor). Some communities, including Marco Island (south of Naples) have chosen to ignore the new state law, and continue to pass and enforce their own local, anchorage regulations.

In a courageous move, a group of local cruiser undertook an action of civil disobedience, and anchored off Marco Island, with the full knowledge that they would be ticketed, That's exactly what happened, and the court case day after tomorrow, is the result of that action.

The results will affect anchoring throughout Florida for many, many years to come! If this case (or an appeal of this case) is decided in favor of the cruising community, other counties and municipalities throughout Florida will almost certainly sit up and take notice. Chances are good that local and county anchorage regulations will soon become only a bad memory. And, I also believe that many more STATE APPROVED mooring fields will be established. If the court (or an appellant court) decides in the reverse, it will mean a return to the anchoring chaos that has plagued Florida for many a year.

So, come join me, and let's be SURE the cruising community is WELL represented Friday morning.

And, just in case you are not quite yet inspired, I've pasted the latest e-mail received from Captain Herman Diebler (who has been at the center of this controversy from the beginning), below. Just listen to his words, and try not to let your blood pressure get entirely out of hand!

Claiborne S. Young
CruisingWriter@CruisersNet.net
http://www.CruisersNet.net

[rtbates]

Ah, the sailing life in Florida....

[Hud3]

A news article on the Oct 12th court hearing on the Marco Island anchoring controversy:

Marco boat anchoring ruling could take two weeks | marconews.com | Marco Eagle | Marco Island, FL

[FAST FRED]

If pushed my guess is Miami will simply do what Sag Harbor NY did , declare all the water in sight a "Special Anchorage, mooring field" , under their control.