New Anti-Anchoring & Liveaboard Law in Florida

[starfish62]

Bella's my friend! Well said. And it doesn't matter if you are not a resident within the district of the Congressman/Senator who needs to hear of our concerns. This is a state-wide (and indeed, international) issue that we as a community need to stay abreast of and join into the fray whenever possible. Look into special interest groups like the Florida Open Water folks (it's free) and lend your weight. I'm a member of PADI, DAN, Reef Rescue and several other groups and I mention them whenever I write to my Representatives.

As to the derelict boat issue, no one wishes to see neglected, eyesore boats with twisted rodes nearly chaffed through waiting for the next squall to go careening through an anchorage. But that's a cost we must bear if we wish to have our freedom. And, as Bella points out, there are other methods to rid an anchorage of bad boats and their owners.

[mbradl]

Bill 1423's sponsor is representative Troutman 850 488 9465 make your first call to his office (phone calls are harder to ignore than emails). FOWS has heard that the League of Cities are looking to remove FWC oversight from the proposition so don't focus all your efforts on FWC. Calling all representatives will also help prevent the proposal reincarnating as a "amendment" in another committee and slipping through.

[nautical62]

It seems to me one answer to the abandoned boat and over crowding issues is not to restrict anchoring, but rather limit the time frame. The time limitation should be directly proportional to the space and demand. Manatee Pocket near Stuart long had a 10-day anchoring policy and of course Fort Lauderdale has a 24-hour limit.

[mbradl]

03/18/2009

Check in at floridaopenwatersociety.org for how Tallahassee has responded to boaters insistence that anchoring rights be preserved. Do a few follow-up calls to propose changes - allowance for mooring permits - harbour masters in larger anchorages who could (among other things) assist with removal of derelict vessels. Revisions are planned for next Tuesday so get some imput in !

[bella]

Originally Posted by nautical62

It seems to me one answer to the abandoned boat and over crowding issues is not to restrict anchoring, but rather limit the time frame. The time limitation should be directly proportional to the space and demand. Manatee Pocket near Stuart long had a 10-day anchoring policy and of course Fort Lauderdale has a 24-hour limit.

So have you ever had to wait out a weather window somewhere?

I have an older freind who trails his Macgregor 25 down to the SW coast every winter.. he stays a week here, a week there... from Nov 1 to the end of April every year.. He is a responsible boater..never bothers anyone.. complies with everything he can. Should he be stopped from enjoying our waters, and spending money for months on end because YOU think he should not anchor anyplace for more than a day? or two?

What about people who have a 2 week vacation who want to simply take thier boat to say.... Boca Grande for a week or two.. then go home...

OR the boaters sitting at Rodgriguez Key to wait for safe weather to make the Bahamas crossing.. should they be forced to leave even if the weather is unsafe?

I feel your comment is not based on someone who does a lot of boating..

and....what about the jobs lost because of the revenue lost... in this precarious economic environment.. it is simply not something that will help the people of the state of florida itself...

Who is going to stand for our state, if we, as Floridians, don't???

AGain... complain, loud, complain long...

[GordMay]

Excerpted from: Legislation

Originally Posted by FLOWS

March 18, 2009

* Representative Troutman concedes anchoring section of HB 1423 needs amending/1423 passes first committee

Good news and bad news: Representative Troutman conceded the anchoring sections of 1423 needed multiple amendments before it would be ready for discussion. This is evidence of the high degree of attention the boating community has drawn to the anchoring section. Several Representatives on the committee stated they had significant concerns based on the high level of calls received over this issue. The bad news is Representative Troutman's concession prevented discussion in the committee and the bill passed on without debate. Presumably the bill will be returned to this committee when amended for a full debate on the anchoring section as amended. Representative Troutman has from today until Tuesday morning to make his amendments and present the bill to the General Government Policy Council that he Chairs. We are asking all supporters of the FOWS amendments to place a follow up call to Representative Troutman's Office and encourage him to use the FOWS amendments as the basis for the changes. Representative Troutman needs to understand you are all watching and concerned. In addition, please follow up with the members of the Government Policy Council listed below. Make sure they understand the Agriculture and Natural Resources Committee was blocked from reviewing this section of the bill. We need everyone calling the below listed numbers as soon as possible. We are also asking our concerned partner organizations to follow up with your contacts. This is the week to have impact on HB1423.

Representatives on General Government Policy Council: Troutman "1423 sponsor" 850-488-9465,
Hooper 850-488-1540,
Waldman 850-488-3164,
Anderson 850-488-8528,
Brandenburg 850-488-0260,
Ford 850-488-0895,
Grimsley 850-488-3457,
Hays 850-488-0348,
Kreegal 850-488-9175,
Kriseman 850-488-9337,
Long 850-488-6197,
Patterson 850-488-9873,
Taylor 850-488-8632,
Trudi Williams 850-488-2047,
Alan Williams 850-488-1798,
Zapata 850-488-9550

More information & advice at:
Miami Boating News :: CALL TO ACTION: Help Preserve Florida Anchoring Rights

[starfish62]

Well, just made calls to Troutman, Brandenburg (kind of in my district) and Carl Domino (my District Rep). Troutman's phone person (VERY nice voice), responded immediately with, "Are you against the anchoring language?" when I said that I wished to weigh in on HB 1423. I believe that we've made ourselves heard.

[starfish62]

Originally Posted by bella

So have you ever had to wait out a weather window somewhere? .. He is a responsible boater..never bothers anyone.. complies with everything he can. Should he be stopped from enjoying our waters, and spending money for months on end because YOU think he should not anchor anyplace for more than a day? or two?

Who is going to stand for our state, if we, as Floridians, don't???...

The cruising permit for out of State boats limits their stay to 90 days, or else they have to cough up some serious tax $$$. We do not need more legislation.

[Ram]

I also just called Troutmans office and left a message and asked for a return call

[starfish62]

Excellent! If his asst calls back, let us know what was said.

[bella]

Originally Posted by starfish62

The cruising permit for out of State boats limits their stay to 90 days, or else they have to cough up some serious tax $$$. We do not need more legislation.

there is no 'cruising permit' for florida...

so now we have a border? like we are a seperate country... dood, you need help...

I have a freind whos boat clearly stated it was homeported in New Orleans.. not once in the 5 yrs he was there did he get hassled about how long he was there.. I know countless others who have done the same thing... try again...

there should be NO anchoring limitations anywhere in the state..

and fact of the matter the AICW and the GICW are FEDERAL waters.. the state does not have the legal right to regulate federal waters unless Congress gives them that right.. and so far Congress has not.. next case.. I smell the sharks gathering... do you all really think the maritime sharks (lawyers) won't bite? think again..

[Ram]

Originally Posted by bella

there is no 'cruising permit' for florida...

so now we have a border? like we are a seperate country... dood, you need help...

I have a freind whos boat clearly stated it was homeported in New Orleans.. not once in the 5 yrs he was there did he get hassled about how long he was there.. I know countless others who have done the same thing... try again...

there should be NO anchoring limitations anywhere in the state..

and fact of the matter the AICW and the GICW are FEDERAL waters.. the state does not have the legal right to regulate federal waters unless Congress gives them that right.. and so far Congress has not.. next case.. I smell the sharks gathering... do you all really think the maritime sharks (lawyers) won't bite? think again..

I beleave he was referring to if this new law takes effect - call one of the numbers below and talk to them today- Today is the last day to call i beleave

[starfish62]

This is from the State's DMV website. My understanding is that this is subject to change with HB 1423, but I can't remember how.

Florida recognizes valid registration certificates and numbers issued to visiting boaters for a period of 90 days. An owner who intends to use his vessel in Florida longer than 90 days must register it with a county tax collector. However, he may retain the out-of-state registration number if he plans to return to his home state within a reasonable period of time.

Official Website Florida Department of Highway Safety and Motor Vehicles

[Hud3]

Good link, Capt. Elie, or was it Admiral Linda.

Here's an excerpt from another Florida link...

Use TaxUse tax is a component of Florida's sales and use tax law. Use tax applies to taxable goods and services that are brought into the state untaxed or taxed at a rate less than Florida's 6 percent rate. Discretionary sales surtax is also due on the first $5,000 of these purchases.The "use" component of Florida's sales and use tax law provides uniform taxation of items purchased outside Florida but stored or used in this state. A credit for lawfully imposed taxes paid to another state, a U.S. territory, or the District of Columbia is permitted. Credit is not given for taxes paid to another country.Example: If a boat is purchased in a state that has a sales tax rate of 4 percent, the owner may be required to pay an additional 2 percent when the boat is brought into Florida.Under most conditions, use tax is due on boats brought into Florida within 6 months from the date of purchase. However, use tax may be due immediately upon importation into Florida, under either of the following conditions:

• The boat is owned by a Florida resident.
• The boat is owned by a corporation and used by a corporate officer or director who is a Florida resident or who owns, controls, or manages a dwelling in Florida.

Use tax may become due when a boat is required to be titled and/or registered in Florida. Florida titling and/or registration is required:

• Within 30 days after purchase.
• Within 90 days after the boat enters Florida, if it is currently documented, titled, and/or registered in another state.

A boat that remains in Florida for more than 90 consecutive days or more than 183 days in a one-year period is presumed taxable, unless it qualifies for another exemption.

It can get a little complicated. My boat is in Florida, and has been there for over 90 days, but it's for sale by a qualified broker, and so exempt from the "Use Tax".

[starfish62]

Originally Posted by bella

there is no 'cruising permit' for florida...
so now we have a border? like we are a seperate country... dood, you need help... ..

I was operating under the assumption that Florida was a third-world country separate from the balance of the US, excepting maybe Texas--a banana republic, specifically. I know that where I live you can't shop or negotiate without a working knowledge of spanish, haitian, or ketchi maya, and the "sheriff" drives a S.W.A.T. assault RIB with MOUNTED M60 on the front. You mean this is the US? Now I'm really scared. When did all this happen?