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Old 18-08-2019, 14:32   #91
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Re: Miami Beach Anchoring Harassment

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Originally Posted by tomfl View Post

As there are more folks on boats in the future I expect there will be even more restrictions on where boats can anchor. The thin is they will never affect cruisers like me who cruise to get away from it all; but it will affect those that are not really capable of moving their boat and expect free stuff to help them.

I'm not so sure they'll never affect you. If they pass laws that limit anchoring to mooring fields, you'll certainly be affected in those areas.

I do get what you're saying about people living on derelict boats, though, and that is a problem.
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Old 18-08-2019, 17:12   #92
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Re: Miami Beach Anchoring Harassment

The water, and the view, and the boats were there way before the first house was built, or thought about. The homeowners are actually infringing on your rights, to enjoy the public property.

As I understand, only the CG has the right to board a documented vessel. The police and or sheriff does not. Is your vessel documented?
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Old 18-08-2019, 17:23   #93
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Re: Miami Beach Anchoring Harassment

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Originally Posted by LEOCAT66 View Post
The water, and the view, and the boats were there way before the first house was built, or thought about. The homeowners are actually infringing on your rights, to enjoy the public property.

As I understand, only the CG has the right to board a documented vessel. The police and or sheriff does not. Is your vessel documented?
In Florida, the water cops definitely board your boat. It's a state by state or even county by county thing.
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Old 18-08-2019, 17:40   #94
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Re: Miami Beach Anchoring Harassment

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Originally Posted by Saleen411 View Post
How many homeowners would be happy with an RV parking in their backyards?.....esp an RV full of party goers.
The thing is, it's not your back yard. It's a navigable waterway. You don't get to choose who navigates it and that includes anchoring. Sorry.

However, it would aggravate me too if a loud party boat gets it on right in front of my house. But...they are people too. If your locality has nuisance laws about noise, try that. But otherwise, we have to live and let live.

(Take a look at the other side of this: I am really torqued about rich a**holes who put up big houses in my favorite cove where we've anchored every year for decades. How you like if a rich guy was mowing his lawn right behind your favorite pristine anchorage?)

As for the OP, Not much you can do if the state or locality has made a law. The US congress gave the states the right to manage the waterways. There is protection for vessels underway, including anchoring, but it specifically, in Florida, excludes vessels used as a liveaboard.

If they have not made a law, proceed with gentle firmness, because if the locality gets their backs up, there will soon be a law and the*navigational*servitude, which protects the rights of navigation, including anchoring, won't protect you, as a liveaboard.
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Old 18-08-2019, 17:54   #95
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Re: Miami Beach Anchoring Harassment

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Originally Posted by LEOCAT66 View Post
The water, and the view, and the boats were there way before the first house was built, or thought about. The homeowners are actually infringing on your rights, to enjoy the public property.

As I understand, only the CG has the right to board a documented vessel. The police and or sheriff does not. Is your vessel documented?

I live on the water, our boat is behind our home. There is always the potential for another boat to anchor behind our
home. Would we like it if it stayed awhile, depends. Could we make them move, NO.
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Old 18-08-2019, 19:29   #96
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Re: Miami Beach Anchoring Harassment

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Originally Posted by LEOCAT66 View Post
The water, and the view, and the boats were there way before the first house was built, or thought about. The homeowners are actually infringing on your rights, to enjoy the public property.

As I understand, only the CG has the right to board a documented vessel. The police and or sheriff does not. Is your vessel documented?

A little more complicated that what you posted. Most of the bottom under water is owned by the feds; out to the old three mile limit, now increased to 12, with an economic zone that can go out to 200miles. Truth be told nobody really cares about most of that since it is way to deep to anchor in. The feds also own most of the ICW and prohibit anchoring in it for obvious reasons.


Closer to shore it is a real mishmash of ownership. Federal, state, county, city, private, and special districts all own parts of it. Way back when i was consulting for FDEP some parts of the Middle Grounds were in private hands. The private ownership is from multiple sources; some goes way back to land grants even before Florida was a state. Some of the local government ownership is the result of the state setting up special areas and ceding ownership to the state.


Anyone who has lived in Florida for any length of time knows there have been significant changes in the coast line. There are places where houses that were once on dry land that are now in the water, and vice versa. Dredging has also created spoil areas and opened up places that may well have unclear ownership.


Bottom line is aside from the ICW where anchoring is prohibited don't assume anything.


As for boarding the USCG has agreements with lots of other agencies allowing to board as their agents. The FWC also has the power to board and do very intrusive searches if they suspect violation of harvesting fish or destruction of sea beds. If you run aground in a sea grass bed fines can run into six figures depending on how much damage you have done. The FWC also has agreements with some local LEOs allowing them to search for illegal harvested marine life.
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Old 19-08-2019, 04:27   #97
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Re: Miami Beach Anchoring Harassment

Just keep in mind laws stating no anchoring on the ICW are for those who anchor between the Navigational Markers, specifically the Red and Green that are the Navigation borders. People anchor out on the ICW inside small coves, and outside the boundaries all the time, legally I might add.

Derelict boats are a whole different issue. If you are not on a "marked" mooring ball and you are not on your boat, you might ought to check Maritime Laws which determine what IS an abandoned vessel that which could be legally salvaged.

Then again what boat loving boater of any ilk would abandon their baby for weeks on end, leaving her open to the myriad of things that might go wrong......to me only a boat hating fool with a bucket of money (maybe a poor fool would do the same) and lack of concern for nature as well as others would do these things. They are the ones ruining it all for all the rest.

Once upon a time there was an old nasty boat in our marina, and the old boy used to dump his poop every night and deny it ever happened. Every morning he would walk out on deck naked, and the sight was not a good one, trust me. One night he got VERY drunk and passed out soundly. Four of us untied his rotten barge of a boat, which by the way never left the dock because it did not run.....and we quietly towed him out into the bay about a 1/4 mile out in front of the marina where we could all watch. About 10 am that morning he came out on deck, looked around and started screaming. We had a good laugh. He had no dingy, and no way in. We did wave a lot though and left him out there until he talked some transient boat to tow him back in. Soon after he sold the boat, and all was well again. The secret was secure, and the mission accomplished. And yes we did set his anchor before leaving him out there!
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Old 19-08-2019, 06:25   #98
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Re: Miami Beach Anchoring Harassment

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I gave you two examples of where politicians put forth legislation that was in the interests of a small number of big-moneyed interests and not the public at large, and where the way that legislation was worded was designed to hide their true agenda. Even further, in one of those cases they had some unrelated politician who was leaving office the following year put forth that legislation so that the true proponents of it wouldn't have their fingerprints on it.
You seem to be making the assumption that because you don't like these laws, that everyone else hates them.
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Old 19-08-2019, 06:27   #99
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Re: Miami Beach Anchoring Harassment

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A homeowner that does their due dilligence would know that they don't control the waterways.

Which means someone can use those waterways without the permission of the homeowner.
And they would also know that they can go to their local politicians and push for laws to change if the use pattern changes and people abuse the situation.

Of course, I was responding to the comment about moving in next to a football stadium...as not doing due diligence.
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Old 19-08-2019, 06:35   #100
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Re: Miami Beach Anchoring Harassment

I'm afraid you need to go and get a court order. It's not all that difficult.
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Old 19-08-2019, 06:36   #101
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Re: Miami Beach Anchoring Harassment

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Originally Posted by LEOCAT66 View Post
The water, and the view, and the boats were there way before the first house was built, or thought about. The homeowners are actually infringing on your rights, to enjoy the public property.

As I understand, only the CG has the right to board a documented vessel. The police and or sheriff does not. Is your vessel documented?
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.
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Old 19-08-2019, 06:44   #102
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Re: Miami Beach Anchoring Harassment

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Originally Posted by 33trippindaisy View Post
Then again what boat loving boater of any ilk would abandon their baby for weeks on end, leaving her open to the myriad of things that might go wrong......to me only a boat hating fool with a bucket of money (maybe a poor fool would do the same) and lack of concern for nature as well as others would do these things. They are the ones ruining it all for all the rest.
There is another kind who is ruining it: The guy (it's always a guy) who buys a cheap boat on a lark. He doesn't have a lot of money but somehow he came up with the $4500 he needed to buy that old 32ft sloop. Then he invites some friends, "Hey, I've got this boat, lets sail it to (Mexico, Florida Caribbean, etc)."

They get to their destination, or somewhere anyhow, and the boat is anchored. They party a bit, hook up with some local girl, then get bored. By now the guy is fed up with sailing, it's hot, it costs a lot more than he figured, his old girlfriend is wanting to know when he's coming home, blah blah blah.

So he buys an air ticket and he's off. Oh yeah, he's not thinking about how long he'll be gone, and, what the hell, he's not into the boat that much, so he just leaves it, with sort of good intentions. He probably did not even check in. He certainly does not have insurance. No one even knows who he is except maybe the drinking buddies he met in the anchorage, (others like himself) and they don't know how to contact him.

This will become someone else's problem when the anchor drags, the rode chafes, or the rain sinks it. Or worse, it drags up on someone's waterfront, causes a environmental disaster and that land owner puts pressure on the local council to "do something", next you know there are more rules.

The water police could help stop this by patrolling, requiring proof of check in and insurance, verifiable contact details, and maybe a CG type inspection and a citation or two, but they are strapped by budgets and lethargy so they don't.

We see a couple of these every year.

Anyhow, that's my rant for today.
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Old 19-08-2019, 06:56   #103
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Re: Miami Beach Anchoring Harassment

If I were a homeowner next to an anchorage area the liveaboard boater wouldn't bother me as much as the "cuban navy", and similar boaters, showing up and forming a large raft up and getting into the "who can play the loudness music" with the group next to them.

I also hate that as a boater on anchor.
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Old 19-08-2019, 07:02   #104
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Re: Miami Beach Anchoring Harassment

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You seem to be making the assumption that because you don't like these laws, that everyone else hates them.
No, I was pointing out that the politicians behind these laws were disingenuous about their real motives, and that it required extra due diligence on the part of the citizenry to find out what these pieces of legislation actually did.

I see that as a form of corruption.

If you are a representative of the people and believe in a law, you should be willing to word it so that it can be understood, and you should publicly advocate it for it's actual purpose, not bury that purpose on page 15, after 14 pages of trivial nonsense. And you shouldn't need to get someone from an unaffected county who is leaving public service the next term to propose it.
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Old 19-08-2019, 07:02   #105
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Re: Miami Beach Anchoring Harassment

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Originally Posted by Arthur Garfield View Post
well,firstly-do your homework
Did you get name of FWC officer?
Who/What is governing regulating LE body?
I am certain who ever this is they'll sign a map showing location A Ok
as to lat/long permissible
Documentation is your friend
IE,Lat/Long maps furnished by Reg body
Keep entirely current requirements for anchorage
Discover hierarchy of local FWC office
Contact FWC HQ for clarification of local FWC officer's duties/jurisdiction

whomever making complaints on you is doing homework-hence working through agencies for effect
Perhaps junior officer is having lunches & beers bought for him or more
In this situ-he'll be back to write you for any little thing
I would contact the FWC local HQ, preferably in writing so there is a record, requesting a sight number of the statute that their officer stated. If nothing can be sited request that in writing. That should end your harassment.
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