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“ANCHORINGINFORMATION FOR
FLORIDACRUISERS” FROM BOATUS.COM
With the May 27th passage of Florida House Bill 1423, stakeholders and the Florida Fish and Wildlife Conservation
boaters across the state will no longer have to fear a visit from a law Commission (FWC). It is expected to take several months before the
enforcement officer advising that their boat has “overstayed” its visit. first location is selected.
That’s because the recent legislation makes it clear that local
municipalities cannot usurp state authority on regulating recreational Boating restricted areas:As of October 1, for public safety
vessel anchoring. But what’s not so clear is who understands the reasons local governments will be allowed to create “boating restricted
changes, some of which came into effect on July 1, and others are due areas.” The Florida Fish and Wildlife Conservation Commission and
to take effect October 1, 2009. the U.S. Coast Guard may use these areas to restrict speed or boat
traffic. However, there are limits on where they may be placed and they
“BoatU.S. wants to get the word out that the local are enforceable only after a uniform waterway marker is in the water.
restrictions on where and how long a boat may anchor are not (Laws of Florida Chapter 2009-86, section 13).
applicable,” said BoatU.S. Vice President of Government Affairs
Margaret Podlich. “As of today there are no enforceable anchoring The 2008 version of the Florida law may be read online at:
ordinances outside of the marked boundaries of mooring fields http://www.flsenate.gov/statutes/index.cfm?App_mode=Display_Statu
anywhere in Florida,” she added. Before the passage of HB 1423, te&URL=Ch0327/titl0327.htm. BoatU.S. notes that, as of press time,
boaters sometimes had as little as 24 hours before being told by law some of this legislation is not yet posted to this website.
enforcement they had to depart or fear a written citation.
For a copy of Chapter 2009-86 as signed into law and filed
In addition to working with a coalition of boating interests to with the Florida Department of State on May 27, 2009, go to:
pass the bill, BoatU.S. has created a new, easily downloadable two-page http://laws.flrules.org/files/Ch_2009-086.pdf . More information is also
reference sheet, Anchoring Information for Florida Cruisers, that available at www.BoatUS.com/gov .
shares the details of the new law. “Anyone boating in Florida
should have a copy aboard in case any misunderstandings arise. Law From BoatU.S.
enforcement officers may also find the document helpful,” added www.boatus.com
Podlich.
The free reference sheet points out four significant aspects of
HB 1423:
“Live-aboard” definition: Effective July 1, the definition
of a “live-aboard” vessel has been substantially narrowed. Now,
cruisers who reside on and move their boats are not considered
live-aboards.
Local government laws on anchoring:Effective October 1,
municipalities may not enforce any ordinance regulating anchoring —
other than live-aboards — outside of marked mooring fields.
Mooring field pilot program: In the next few years the
State will work in five geographic areas to develop a mooring field pilot
program to test new anchoring and mooring concepts with both
live-aboard and non-live-aboard boats. While these local municipalities
will be able to regulate by ordinance the anchoring of vessels outside of
a pilot mooring field, it can take effect only after significant input from
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Page 8 www.FloridaMarineTimes.com Issue 46 August 2009
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