Boat register in Florida

[Calice]

Hello folks,

I am italian non US resident and bought a brand new made in america 32ft from a US dealer. Boat was never registred.
My intention is leave the boat in Miami where I have an apartment.
As people explained me, I have below options:
1- state registration in my name without foreign flag.
2- BVI documentation with cruising permit. Open a BVI co. and put the boat inside.

It looks much more easy option 1. But there is a big if
As a non US citizen if a register the boat in Miami I can not leave Miami Port district without Customs permit. So, my limits will be Key Largo to the south and Halladale Beach to the North. I must ask Customs everytime to cruise to Fortlauderdale or Key Largo!!. That looks too much burocratic!
My understanding is: the US does not give cruise permit for unflagged vessels and this should be my boat situation as I will have just Florida registration.

My questions are:
Anyone know if this view is correct? If is, anyone know how may I get this permit?

Tks for helping me,

[hellosailor]

I would suggest you contact the state of Florida and the USCG and ask them directly. As far as I know, from the experience on one friend who was not a US resident but had a boat state registered, there were no domestic repercussions of that. The boat can go anywhere in the US with a state registration.


Now, crossing international borders, going in OR out, in the US or elsewhere is something else again. You'll have to check the national regulations. The US will not issue a cruising permit because they are reserved to foreign flagged vessels. No foreign flag? No permit. Some foreign countries don't care about your papers, others do. You'll have to ask them what they'll accept.


Bear in mind that your own visa status--not just your citizenship--may affect whether you are allowed to enter a country by private yacht, as opposed to by commercial carrier.


And all these rules are subject to change at least annually. Checking with the folks who will be stopping you and confronting you, is the most reliable way to find out. Sometimes, that means calling two or three times to see if the answer stays the same. Or asking in writing, for an official statement.

[Calice]

I will ask USCG and Florida about leave Miami to go to diferent port in US coast.
Regarding flag, I understood that if I intend to travel in Caribean, the boat should né flagged.
The big issue for me should be if I would have to ask autorities to go anywhere in US coast.

Thank you very much for your reply

[hellosailor]

"if I would have to ask autorities to go anywhere in US coast."
That's a trick question, right?


Remember, you can go anywhere on the US coast without leaving US waters, staying inside of the 3 mile or 12 mile limit. In which case, you have not left the US at any time, and backed up with your GPS log, you can prove that.


On the other hand, IF YOU LEAVE US WATERS, now a foreigner has exited the US, so the foreigner or the foreign vessel need permission to re-enter the US.


The folks in the uniforms with the guns? They're neither paid nor trained to understand all of the laws. Sometimes, you have to be very explicit with them.

[onestepcsy37]

Register it in Florida. Give your Florida address. You can go anywhere in the USA.

[northiceman]

You say you bought the boat in the US - was it Florida? I know that Florida is very greedy on registering a boat not bought there (especially for a foreigner). Last I heard was 6% of the boat value. I know for example that a drivers license for a foreigner (before 9/11) used to cost $54.00 for 5 years. When I went to renew after 9/11 they wanted same price for only one year ! (Thats a 5x increase !)
Florida had become very greedy so proceed carefully - get all "opinions" in an email or writing and beware of taxes which are imposed when you register the boat not just an opinion from a homeland security agent who does not need to be up-2-date on taxes.
I would also carefully inquire about your freedoms to "proceed" from Florida to another country - it may be a consideration to weigh before "registering" in Florida or someplace else.

[Calice]

I have searched information in state of Florida and CBP websites and did not find anything about restrictions to go anywhere in US.
Think that you guys are correct. Anyway, I will ask a specialized attorney as my friend was very secure about that.

[northiceman]

On the subject of leaving Florida (or anywhere in the US) ALWAYS notify homeland security/Border Protection Services or whatever they call it from where you leave. As the other person said, it will be difficult returning if you do not STATE YOUR INTENTIONS before leaving. I know of a few people who tried to go around what they called "red tape" but do not in any case try to leave without stating your full intentions before leaving.
A foreign flagged vessel can obtain a cruising permit once while in US waters. If it expires while you are in US waters you will need to obtain a PERMIT TO PROCEED within the US and also if you leave US waters. When you leave US waters and return you may trhen obtain another Cruising Permit unless you return simply to store the boat - and for that you will obtain a PERMIT TO PROCEED to the marina/port where you intend to put the boat up on land for storage. When you do this, you MUST leave the ORIGINAL COPY of your boats registeration papers with Border Protection Services/Homeland Security (whatever they call it where you are). You get those registration papers back only within a few days before you again PROCEED in US waters (or outside US waters).
Remember also that having a Cruising Permit (as a foreign flagged vessel) does not exempt you from having to report ALL movements of the boat. You must report every time.
The confusion lately comes mainly from all the changes that are happening and so there can be many different opinions (old and new ones) depending on who is more up-2-date on these matters.
THE BOTTOM LINE IS ---> DO NOT RELY ON SOMEONE ELSE'S OPINION - contact Homeland Security/Border Protection Services and ASK - those people are there to help. TELL THEM EXACTLY WHAT YOU WANT TO DO.

[Calice]

Hi Northiceman,
Yes, I bought the boat from a dealer in Florida and they will register the boat for me as am paying 6% sales taxes.
Everything was going well until my friend alert me about restrictions to go anywhere in US.
If he is right, I am considering to register the boat in BVI. But as I wrote in my previous post, I did not find anything about this restriction.
Tks

[northiceman]

Then the only question remaining about the boat being able to "proceed" in and out of US Waters is the fact of the boats flag. If its a foreign flag then you will need permission to proceed (either a Cruising Permit or a Permit to Proceed). If its US flagged and you are not a Florida resident or US Citizen then you must inquire if the need for permissions still exist. In other words, does the owner's nationality/residence affect these requirements or is it only the boat's flag ?
Contact Border Protection and ask.
Good luck - see you in the Caribbean !

[onestepcsy37]

If you intend to cruise in the USA there is no advantage to registering in the BVI, or anywhere else. Your country of citizenship and the country your boat is registered in are not connected to each other. Your boat, just like your house, can stay here. You personally, however, will still have to obey the foreign visitors rules.

[Calice]

I must know about foreign visitors rules for state registred boat. As cruise permits does not allow me to procceed in US waters without permission, it doesn't work for me. In this sense, should be enought have just a state register.
I do not intend to go too far out of US and to go to Bahamas, state register is suficient.
I am almost sure to have just state register and will clarify if is needed permition to proceed in US waters.
Both information helped a lot!!
Thank you very much.