OUR WATERWAYS Florida House Bill 1423 Affecting Anchoring and Mooring Fields Rules Becomes Law — Limits Local Communities’ Ability to Restrict Anchoring From the NMMA The mooring field at Island Park in Sarasota. Boaters cruising Florida waters may find it easier to anchor for extended periods of time in a number of cities where local ordinances limited anchorage to as little as 48 hours. On May 27, Florida Governor Charlie Crist signed H.B. 1423, a general legislative package for the Fish and Wildlife Conservation Commission that includes a provision that prevents local Florida communities from forcing boaters to leave an anchorage unless the boat is a live-aboard vessel. The law specifically defines a live-aboard vessel as one that is used “solely as a residence and not for navigation” (which excludes cruisers); one represented as a place of business; and/or one that is declared to be a domicile. This new definition clearly excludes cruisers, giving them rights to more freely anchor and not be restricted by local communities. It clarifies confusing language in the previous law. The new law also prohibits local governments from regulating
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July 2009
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anchorage outside of established mooring fields unless the boat is a live-aboard vessel. The National Marine Manufacturers Association (NMMA), BoatUS, the Marine Industries Association of South Florida and the Southwest Florida Marine Industries Association have advocated for clarification within the law since 2006, when Miami Beach set an anchorage limit of seven days within any 30-day period. Fort Lauderdale, Daytona Beach, Gulfport, Marco Island and other coastal communities soon enacted similar restrictions, with the most restrictive law being a 24-hour window for boaters anchoring in Fort Lauderdale. The Palm Beach County Commission is currently considering a prohibition on anchoring within its city limits, but tabled the issue last week. In Gulfport, boaters are only permitted to anchor in local waters for three days. “This law will not only have a positive impact on boaters in the area, but generate revenue for local businesses by allowing boaters more freedom to anchor,” said David Dickerson, NMMA director of state government relations. “We are encouraged by this law’s effort to make Florida more boater-friendly than ever.”
New Florida Law Includes Proposed Mooring Field Pilot Projects By Wayne Marshall, Chairman, Concerned Cruisers Committee, Seven Seas Cruising Association Member of FWC Advisory Council of Stakeholders There are five proposed sites for the pilot projects in the new bill (H.B. 1423), two on the Atlantic coast, two on the west coast and one in Monroe County (Keys). The projects will be open to considerably more public commentary and input through the design and implementation phase, as each management plan will be very site-specific. Boaters will have no new ordinances to deal with in other areas except as specifically related to these five sites, and all municipalities are prohibited from enforcing even existing laws on the books that are in conflict with these pilot projects. Any ordinances will be implemented on a trial basis and must meet stringent criteria for their suitability to the concept. We feel this compromise is the best one for boaters statewide, and presents the best of what might have been rammed down our throats by our legislature. Sure there are parts that people don’t agree with, but I can tell you this is so much better than where this whole process started that www.southwindsmagazine.com