Miami Beach Anchoring Harassment

[pbraschi]

If your boat is documented . . . The officer can not Board your boat . . . Only federal agencies can Board your boat . . . He can write you tickets but my understanding is he can’t Board without the federales

[model 10]

Anybody with a gun can come on my boat. I wish some water cops in the USA weren't so anal. Somewhere else they might get a beer.

In the town next to us, you don't have to tell the city cops your name

[letsgetsailing3]

Originally Posted by pbraschi

If your boat is documented . . . The officer can not Board your boat . . . Only federal agencies can Board your boat . . . He can write you tickets but my understanding is he can’t Board without the federales

I'm pretty sure that's false.


But does anyone here know for sure?

[sailorboy1]

Originally Posted by letsgetsailing3

I'm pretty sure that's false.


But does anyone here know for sure?

It's false in practically.

Depending on the "who" that wants to board you may be able to deny it. In which case the "who" can make you move over to a dock while they get someone who "can" or just detain you while they call the other "can". So if you say NO to the boarding it may go worst for you. But in general if they ask to board you should probably reply with "I would prefer that you don't" and see how it goes.

The FWC can board you for a "safety" inspection. But there's a new part to that of they are suppose to give you a sticker after that doesn't allow them to do it again for a couple of years.

And then there's the Coast Guard can board any boat anywhere anytime in the US and a US boat anywhere and anytime. Since the CG is now part of Homeland Security with all it's various agencies no one properly really knows anymore how that extends to people like ICE and the local sheriff/police.

[LEOCAT66]

Originally Posted by valhalla360

The idea of people using boats as floating homes is a relatively new idea in in the USA. 75yrs ago, it was almost unheard of but at the same time most coastal areas had lots of houses...so you are off a bit on your assessment.



As far as boarding CG Documented Vessels...good luck with that. I've yet to see an agency that declines to board because you are a documented vessel.

We have been stopped a time or two in FL, by Florida Marine Patrol. Every time we were asked for our DOC PAPERS, which we produced. They actually stated that since they saw no visible violations they were not allowed to board and refused to do so even though they were invited.

[Captain Bill]

Originally Posted by sailorboy1

It's false in practically.

Depending on the "who" that wants to board you may be able to deny it. In which case the "who" can make you move over to a dock while they get someone who "can" or just detain you while they call the other "can". So if you say NO to the boarding it may go worst for you. But in general if they ask to board you should probably reply with "I would prefer that you don't" and see how it goes.

The FWC can board you for a "safety" inspection. But there's a new part to that of they are suppose to give you a sticker after that doesn't allow them to do it again for a couple of years.

And then there's the Coast Guard can board any boat anywhere anytime in the US and a US boat anywhere and anytime. Since the CG is now part of Homeland Security with all it's various agencies no one properly really knows anymore how that extends to people like ICE and the local sheriff/police.

Actually the FWC cannot board you for a safety inspection without your consent. They can board to inspect a permanently installed marine sanitation system, but if you can show all the requires safety equipment at the rail you can say no. If you have a porta potty instead of a permanently installed system you can definitely say no if you can show it at the rail. The officer can board you if he has probable cause to suspect a violation.



Here's the pertinent statute.


327.56 Safety and marine sanitation equipment inspections; qualified.—(1) No officer shall board any vessel to make a safety or marine sanitation equipment inspection if the owner or operator is not aboard. When the owner or operator is aboard, an officer may board a vessel with consent or when the officer has probable cause or knowledge to believe that a violation of a provision of this chapter has occurred or is occurring. An officer may board a vessel when the operator refuses or is unable to display the safety or marine sanitation equipment required by law, if requested to do so by a law enforcement officer, or when the safety or marine sanitation equipment to be inspected is permanently installed and is not visible for inspection unless the officer boards the vessel.
(2) Inspection of floating structures for compliance with this section shall be as provided in s. 403.091.
History.—s. 9, ch. 59-400; s. 14, ch. 63-105; s. 1, ch. 65-361; s. 11, ch. 84-188; s. 6, ch. 94-241; s. 954, ch. 95-148.
N

[Buzzman]

Yes, but elsewhere (and previously posted up-thread) - it states that any LEO can board you if they suspect you are in breach of anything else - i.e. mooring / liveaboard violation....

...which was also posted (in a link) up-thread, where it's clear that "Miami Beach" has legislation that prevents liveaboards being anchored in one place for more than 7 days. It defines liveaboards so there is no wriggle room. The only listed exemption is "licensed commercial fishing vessels" for which no doubt the license would be prohibitively expensive (for a cruiser), so not worth contemplating.

Setting a up a few fishing poles would not consitute a defence, despite what someone else posted.

So if the 'North Beach anchorage' where the OP is anchored is covered by the Miame Beach" 7 days limit, then the FWC officer IS correct in his statement and DOES have the right to cite the OP.

So first thing I'd do is check if that legislation is still current, and if it applies to his specific anchorage lat/longs.

If not, then FWC has no legs....

This article and the legislation it quotes is only date 2017, so probably still current:
https://www.waterwayguide.com/latest...chored-vessels

[FerrariSailing]

I would move immediately, now, today!
The rich and powerful people who have paid millions for their waterfront properties don’t want you right in their faces anchored for FREE!
To them you are a vagrant and they will stop at nothing to get you shifted. It doesn’t matter that you have the law on your side, when you wake up in the middle of the night to find your anchor rode severed or worse!
I wish you all the best whatever you do.

[valhalla360]

Originally Posted by Hardhead

If you want to dig in your heels - let him write a ticket, and go to court. Some officers have bad attitudes, and the judges know them. Sometimes they are chastised in Court - other times not. Some laws are known to be unenforceable by judges, but are never taken off the books.

I'm not sure about Florida but I've won against a speeding ticket...but still got to pay court costs, which conveniently matched what the speeding ticket fine was.

[valhalla360]

Originally Posted by LEOCAT66

We have been stopped a time or two in FL, by Florida Marine Patrol. Every time we were asked for our DOC PAPERS, which we produced. They actually stated that since they saw no visible violations they were not allowed to board and refused to do so even though they were invited.

Sounds good in theory.

If they want to get on board...yes Mr. Judge, I thought I saw a plume of discharge from his head...so I boarded to verify...once on board with a "legitimate" reason all bets are off.

Of course, once you invite them, again all bets are off. They likely simply got bored and moved on. Of course, I don't think any police agency should have the right to pull you over simply to do a safety inspection regardless of paperwork. If there are no obvious violations, that is an invasion of privacy. If you want inspections, make it a law that the boater takes it in to be inspected (similar to smog inspections).

[danielhwolf]

Originally Posted by TonyP45

I'm a confused Brit. You have Marine Police and Coastguard come check out your boat is legal? What is that about in the Land of the Free? On inland rivers and canals here we are required to have a safety certificate/licence and the relevant authorities do check these occasionally. At sea the CG or Border Authority can board you if they suspect illegal activity such as smuggling but never to inspect the condition or compliance of your boat. We can only get prosecuted for being drunk in charge of a boat under way or disobeying harbour speed limits. Best you drop your anchor in some West Coast of Scotland loch, you'll never be harassed again!

Americans are known worldwide for their various delusions - none of which we will admit to. :~))

Thanks for the suggestion, you just might see me there!

[s/v Moondancer]

I have lived and sailed in Florida for 30 years and I have never been boarded.

In Canada I was boarded 5 times in 4 months. In Japan I had 33 officials on board and filled in the same form 13 times in 4 months!

When we returned to US waters from Latin America we were relived because we knew that officialdom was not corrupt or obsessive.

Never saw a water cop in 3 seasons sailing in Scotland but I did see a lot of boats that understood COREGS and not a single semi-derelict live-aboard.

[GordMay]

Greetings and welcome aboard the CF, Interested, & danielh.

[33trippindaisy]

Wingssail, I agree with you on this one........thats why I stated a smally on the topic of Maritime Law and the art of confiscating a boat long before it becomes derelict! An anchored boat, by itself, can be tagged by local LE and quickly determined to be abandoned. Heck don't pay your slip fees here in NC and they will sell your boat for you! But boats left on open water/bays etc, that are unattended, once reported and monitored as unattended can be salvaged legally. Not to say someone won't quickly show up ready for a fight but once that boat is secured to a tow vehicle you can get paid legally as the salvage agent. Watched it happen a few times already. So my question is does Florida not allow this???? It should be Maritime Law Rules in place, and folks might want to do their legal homework, and if possible well there's the money for a $500.00 backyard party.......there are more than one Craigslist Warrior out there selling untitled boats for a song, with a bill of sale and a letter from the proper local authority. If one is not interested in messing with removing trash from your own yard, there are people to call. The same folks that salvage Hurricane damaged boats will come and get them, provided you have at least done the first step. Just a thought towards a solution. Solutions are the answer to problems. Always will be!

[wyeiwyr]

Stand your ground! If we allow landlubbers to keep pushing, soon we won’t have anywhere to hang on the hook! Get the officer’s if, and go straight to the top! Bullying is not ok!