Hey All,

Regrding Florida's FWC and its proposed changes in boating Statutes; I have
been following and voicing my opinions on each revision.  I also have been
very active getting
the word out every time there seemed to be
a new bottom line.

At the risk of being repetitive, I would like
to take the time to get any and all up to speed
on this most important issue.  If you're up to
speed, then great!

In the State of Florida, liveaboard vessels are
those who either do not move and/or are used solely as a place of business. 
Someone else
pointed that out and they are 100% correct.

Non-liveaboard vessels are those boats that are
otherwise (we who navigate waters and do not
use our vessels solely as a place of business).

The designations have nothing at all to do with
anything else (be it property owners or not). It
was Jeb Bush who put the definitions into place
and it was a huge victory for cruisers.

But you know some people didn't like it and
decided to strip away at the victory by pretending
to make "derelict vessels" an issue.  If it were
truly the issue, then why even touch the Statute
327.60 that protects we cruisers.  As that Statute has nothing to do with
derelict vessels.

They did so because they cannot ignore Maritime Law and the rights we
cruisers have (i.e., keep vessels that are "in navigation" from anchoring).
Their loses of big cases (i.e., Marco Island) put
a monkey wrench in their ideals...so they had to be more clever than ever.

I believe it very important that everyone
know exactly where we are today with the FWC's proposal for revisions to
Florida State Statutes, as it has been submitted.

In a nutshell:

Proposed tp the Florida Legislature, the Florida
FWC, in conjunction with the EPA, would like
to experiment with five Pilot Programs.  These Pilot Programs would need
funding to turn an
otherwise free anchoring area into a mooring field and ban anchoring.  Yes,
BAN anchoring
period in those areas.  Strictly mooring fields
with absolutely no vessels outside of the mooring field.  Period.  No where.

They say this is the only way they can find out
whether or not anchoring vessels are actually
making a negative impact on the environment.  It also would prove that
mooring fields are more
environmentally friendly.

I know.  Ridiculous.

You have to remember that this all started out
under the guise of ridding FL communities of
"derelict vessels."  I was among the very first
to to point out to the FWC that the State of
Florida created the derelict vessel problem, not
lawbreakers.

You see, up to this very day, a boat that does
not move [a liveaboard] does NOT have to register with the State of Florida.

That's right.  No matter how long they are here.
If it doesn't move, it's not a boat.  It does not
navigate the waters and it does not have to register.

So...after all the hurricanes and all the years of
people using any and everything to sit upon
the water...when they tired of it or relocated,
they simply left it. Since the boat was not registered and no one could make
them register,
there is no way to find an owner of record.

So, under this derelict vessel issue the powers
that be suddenly began to play with definitions
and lots of other statutes that had nothing to do
with the derelict boat problems.

They got caught at it and put in check.

So they addressed the registration oversight
and now propsed all vessels over 14 ft. must
be registered with the State of Florida.  Great!

Unfortunately, they didn't stop there.  Thus, the very last part they added
(and I will say that if it was up for public view, I and everyone I know
missed it) is the whole "Pilot Program" for mooring fields.

The Program would begin sometime in 2009
and run for five years.  Five "geographically
diverse areas" would be asked to participate
or volunteer to participate. We all know
that Sarasota is first in line (as they jumped at
the chance) to say "Pick us!"

I'm sure Marco Island is trying their darndest
to be a part of the "pilot program," as it is
the few people from Marco Island who began
this latest venue of ridding Florida of "derelict
boats."

Interesting, isn't it?

We, as boaters, liveaboards, cruisers, those
who love the freedom we have upon the waters
CANNOT allow this thinly disguised attack
on law-abiding boaters, cruisers, and liveaboards to be enacted as law.  If
it is adopted in Florida,
which coastal State will not be soon to follow?

Contact information for Representatives to
write are best found at: www.boatus.com 

Big Hugs,

Charmaine
Aboard s/v September Sea
"Life's a Gift... Unwrap It!" - C~
www.SeptemberSea.com 





On Feb 15, 2009, at 1858, Norm of Bandersnatch wrote:
>
> The recent developments in the Florida anchoring situation in encouraging.
>
> ...."Livaboards" are defined by  law as those folks on a boat who DO NOT
> own or
> rent property ashore (and therefore, not coincidentally, DO NOT pay
> property taxes), while "full time cruisers" are folks on a boat who DO own
> or rent property ashore (and therefore, not coincidentally, DO pay
property
> taxes).  That's why cops often ask us if we have a residence ashore when
> they come alongside...
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