Miami Beach Anchoring Harassment

[john61ct]

Originally Posted by Buzzman

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.

Except that there's a long history of local jurisdictions trying this stuff, and then upper courts rule they do not have the right to do so.

Even states are limited constitutionally in what traditions and precedents they can mess with. Common law is a real thing.

Not saying it's worth becoming a test case, lawyers are expensive, but for those that like a fight. . .

[john61ct]

Support these guys

https://www.greatloop.org/content.as...dule_id=326876

[tomfl]

Originally Posted by 33trippindaisy

SNIP

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!

Florida is a title state. In layman's terms this means before you can legally set foot on a boat to salvage it you have to contact LEOs to investigate and if and when they find it abandoned then you can petition the state to transfer the title to you. Without getting to far in the weeds this means you have to go to the DMV, submit forms and pay fees to get the title transferred and wait for a title search to be completed and the owner to be contacted to see if they contest the title transfer. None of this happens very quickly.


Key blurb from this link


It is a crime in the state of Florida to take an abandoned vessel without first getting title to it, doing so is considered theft. Failure to comply with Section 705.103, Florida Statutes could result in fines or even jail time.

[Captain Bill]

Originally Posted by 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!

That's interesting. When I was in NC just a last year, there was a boat in the marina I used to have my boat in that had an abandoned boat that had not paid its slip rent since 2009. The marina finally got title to it last year after jumping through hoops for almost 10 years. Yes, they can get title to it and sell it but it is not easy or quick.

[Bullshooter]

OK I will stick an oar in.

OP, I would write a letter to the FWC, the top level you can find an address for, such as the Commisioners, explaining in a short paragraph the situation.

I would politely ask what ordinance you are in violation of, asking the numerical citation of that law or ordinance. Maybe a CC to your state congressman or senator if you are so inclined.

If calling on the phone, my first question in any conversation that could likely eventually end in conflict is, "What is your name?" or "To whom am I speaking?" in a friendly voice. In your case I would ask for a spelling as well.

You are presumably a U.S. and maybe a FL citizen, and you are entitled to know what laws apply. All you are doing is pursuing the correct avenues to determine said laws. There is absolutely nothing wrong with asking for this specific information from the agency that is telling you that you are in violation.

If none of this worked out and you were forced to move, I know if it was me I would definitely find out the FWC officer's name, and try to contact anyone in the news media that might listen. A little sunshine on a bully officer making up laws would not be a bad thing. And if he is right and there is a law, why won't he specify it?

If legal in FL, I would try to record any conversations with FWC. IT IS legal in the US, (only when you are party to the conversation) but the law varies by state, and in some states it is illegal over the telephone.

By the way, in answer to a prior post, the states own the inland waterbottoms out to the federal waters, which begin approximately 3 miles from the coast in many states, more in other places.

[Buzzman]

LOL

Here in Oz, 'officialdom' on the phone is not obliged to tell you their name - first name only - for 'staff privacy reasons'.

And LEOs can board your boat to test you for alcohol or drugs.

'Random testing' so they don't even have to have a 'reason' - like erratic driving or what have you - they just 'require you to stop' board and test you.

No such thing as 'invasion of privacy' over here.

We stupidly allowed our political masters to change those laws years ago, and it's not in "govts interest" to change them back.

It will take a revolution. And even then, the "new govt" will probably keep the old **** going, because as they will then be "govt" it will suit them to do stuff they argued against when "not govt".

FTR, this is 'totalitarianism' - i.e. what Americans call "communism".

We are these days ruled by a plutocracy (govt and business elite, in cahoots) that passes laws that suit them, not "we the people".

Unfortunately, 'capitalism' allows for most of us to get just enough to prevent the actual hardships and rorts becoming too over the top enough to get people on the streets with their guns out, baying for blood.

As Midnight Oil famously sang; "The rich are getting richer/the poor get the picture/the bombs never hit you when you're down so low/....

Rant over....

[CFS Klopas]

I found the ordinance repealing the MB anchoring restrictions 2 years ago. Page 1 states that the law is altered in the following pages, including 66-8 which literally crosses out the past 7-day anchoring restriction. Print this out and the OP should be good to go.

https://docmgmt.miamibeachfl.gov/Web...undefined&cr=1

[Buzzman]

That link won't open for me....can you copy and paste?

[CFS Klopas]

Pages 1 and 7-9 are relevant to us.
https://www.google.com/url?sa=t&sour...=1566356214817

[Buzzman]

Seems pretty clear fomr that that the "7 days in consectuive 30 days" restriction has been repealed.

Question then follows, what (if anything) did they replace that with to cover liveaboards, or is that considered covered by a more gneeral "State Law"..??

In which case, the FWC officer might be on solid ground still...

Figuratively speaking....

[john61ct]

My understanding is, again, that local municipalities were found by the courts, not to have any jurisdiction in such matters.

And that even states are limited in what kind of restrictions they can constitutionally impose.

Contact (and support) organizations fighting the good fight for the details, as they continue to evolve.

[SKMT]

As others have stated, I found the MB ordinance (66-8) the FWC was likely referring to. It was deleted in 2017.

I believe because the state ruled against giving local municipalities authority on the matter. Also I apparently there was a threat of civil rights lawsuits if enforced.

I'm staying put for now. We'll see if he comes back.

[Knotyou]

Originally Posted by SKMT

I bought and moved onto a trawler about 6 months ago. I had a waterfront apt in Miami Beach, and the owner still allows my to tie my tender up to his dock when i need to go ashore. So I've been hanging out on the hook in a nearby bay. Eventually I plan to move around more, but I'm still getting everything setup exactly how I want (need to add a watermaker, etc), and I also want to stay close to homebase during my 1st hurricane season.

However, waterfront homeowners have been calling the marine police on me. Multiple cops had said i was legal in my original location, but i got sick of the harrassment so i moved to a wider part of the bay. I'm now 150yards from any shore, but homeowners are still calling every agency on me. City marine patrol doesnt even come bother me, they tell the callers directly that i am legal. The other day the coast gaurd boarded me (at request of a homeowner), but i fully passed the inspection (I have an electro scan).

Then yesterday, an FWC came, and told me I couldn't be there because "there's alot of wealthy people around here". I asked what difference that makes and he got pissed. It was clear they had nothing to complain about (im quiet, my boat is operational, etc), except that they just dont like the fact that I am there. To my knowledge, and from what the MB police have told me, the only places i cannot anchor in MB is Sunset Harbor and around the Star Islands (venetian causeway). However, this FWC officer insisted to me that all the other officers/agencies dont know the law and he does. He claims there is a Miami Beach law that I can only be anchored in "designated anchorages". He was a real jerk about it threatening to "start writing tickets", but i got him to give me a week to move.

Ok then later that day, I flagged down a Miami Beach boat cop, and he confirmed that he has never heard of any Miami Beach law which this FWC claims exist. This makes me want to stand my ground.

Id rather avoid negativity and conflict, but this seems like a line in the sand. This FWC officer said I cannot anchor ANYWHERE in Miami Beach except a couple of "designated anchorages". That would be very inconvenient because my current location is well protected, has a safe place to tie up my tender, recieve mail/packages, free street parking, as well as a free place to dispose of trash and fill jugs of water.

Looking for further advise on whether this FWC has a leg to stand on, or if he is just trying to bully me illegally under demand of "wealthy people"?

Also if I challenge this, are there any boater lobby groups, I should contact? I've read that Boat US has fought FL anchoring legislation in the past.

Thanks!

Think about shining the light of day on that agent. Contact local news and see if one of their cub reporters will run with the story. If you’re legal and he’s just intimidating you for personal gain I’d enjoy the opportunity to call him out.

[Svan]

next time someone threatens you with a law or ticket, ask for the chapter and verse so you can be aware of the law by reading it.

They will have to cite the law when they write the ticket so they for sure know it. FWC shouldn’t Be enforcing local bylaw

“Designated” anchorage- by whom, published on what list?

[Alejandro Caro]

Hi! I just happened to find your post!
I’m about to buy this searay weekender 27 ft and I reallly really wanna anchor in Miami Beach. Is there anyway we can talk on the phone or text ?
It would be very appreciated.
Thanks