Florida Court Decision Regarding Anchoring Regulations

Allen · Post by **Allen** » Sat Oct 27, 2007 8:54 pm

http://www.cruisersnet.net/index.php?categoryid=78

There has been a trend in Florida where local municipalities restrict anchoring. A while back the state of Florida enacted legislation that restricts local municipalities from doing so. The above link is on the first test case regarding illegal anchoring regulation on Marco Island, FL. Hopefully this sticks, it will help me out when I'm transiting through Florida. Apparently there is some loop hole in this state law that allows full time liveaboard boats to be targeted, so the secret is to not tell them you are a full time liveaborrd. Since I have a house too, I do qualify as not a full time liveaboard.

jollyboat · Post by **jollyboat** » Sun Oct 28, 2007 6:56 pm

That is good news Allen. I don't know why exactly but for the last 25 years or so there has been a growing trend of coastal communitees doing their damdest to make life as hard as possible for long term cruisers, live aboards and boaters in general. There does not appear to be any rhyme or reason to it from what I can tell but the a sickening fear of tens, hundreds or maybe even thousands of boaters doing something like 'using their boats' seems to be of huge concern to many, many people. For a long time folks that lived on or spent a lot of time on their boats were liked but the trend now seems to against it. There have been laws on the books in many Connecticut towns prohibiting this but they are rearly if ever enforced here because the seasons seem to keep livaboards at bay. Being a home owner definitely helps a lot. In the San Francisco Bay Area you are treated like a criminal by many marinas if you spend more than three nights a week aboard your boat. I was asked to leave two marinas when I shipped 346 out to the Bay to go sailing out there. I even had legit appartments, but nope - more than three nights - your out. Crazy world.

Allen · Post by **Allen** » Mon Oct 29, 2007 8:28 am

I think the reason for towns trying to dictate where and for how long a boat can be anchored in a given area is two fold, first, the "rich" who now inhabit a large portion of the coastline do not want their view obstructed by a bunch of boats. I always thought this was part of the charm of living on the coast, but apparently I'm in a minority. Second is the almighty dollar. It's a revenue source both by forcing boaters into local marinas or mooring fields and in revenues generated by fines.

Freedom to anchor really wouldn't be a problem had the Feds not abdicated their authority and responsibility under the freedom of navigation rules. Again, money talks and boaters walk, or should I say sail away. I always found it interesting that RVers are treated so well while cruising sailors are treated so badly. Dogs and sailors, stay off the grass...

In any event, the original state law in Florida and this case are good news for all of us.

keelbolts · Post by **keelbolts** » Mon Oct 29, 2007 12:28 pm

I believe jealousy also plays a part. If you have paid a gazillion bux to see the water from your condo, aren't you p****d when some yahoo in a $5,000 boat comes along and has the same view? ...and we haven't even gotten into their jealousy over the fact that, in order for them to be able to keep up their payments, the condo owners need to bend over, each time their boss says so, while the sailor is free.

3 nights & you're out?! Another good reason to not live on the left coast. In the end, each of us has to ask how much we are willing to take and how far we will go to be free. 200 cable channels, computer porn, and 3 nights and you're out is not free - it's 'drugged' into submission. Save yourself. Get out while you can. Alternatively, you can move ashore ...and hope you don't get burned up or burried under a mud slide.

My boat is too important to me to live somewhere where I'm told when I can use it.

Edit:
I just read the Marco Island anchoring code. Would it be unkind of me to hope that a storm wil blow ashore there and drown all these people who seem to be so intent on controlling other's lives? This'll put a smile on your face: If warnings of global warming are correct, one of these days you'll be able to anchor over their houses. What kind of anchor holds best on a clay tile bottom?

s/v Groovy · Post by **s/v Groovy** » Mon Oct 29, 2007 3:21 pm

One of the reasons I like vacations in Hawaii, is that every beach is public, you can sit on any beach, at any time no matter who bought the house behind you.

It sounds like the State of Florida laid the groundwork for a similar ideal, where all shoreline is public, but not the beach. I'd guess that there were some very significant contributions to the local politicians that enacted these illegal laws.

I definitely think it is about the Rich and their efforts to OWN the view. Ego, Jealousy, there are probably many emotions that sum up to create the 'MINE MINE MINE' attitude.

But when the sea level rises, and you're contemplating what anchor to use, I'll just tie up to their balcony....

Peter · Post by **Peter** » Mon Oct 29, 2007 10:26 pm

In Canada, as I understand it, all land below high water mark is public domain. That's pretty nice!

keelbolts · Post by **keelbolts** » Tue Oct 30, 2007 10:08 am

s/v Groovy,
I like to anchor out, but I guess Hawaii is mostly high rises near the shore. Winds should be flukey sailing in and out of those 'condo islands'.

s/v Groovy · Post by **s/v Groovy** » Wed Oct 31, 2007 12:37 pm

For now, 'Vacation' in Hawaii, for me, means sitting on the beach. Someday I'd like to sail the oceans, but for now local waters will have to do.

In Washington State public land starts at the low water mark.

I hope Florida upholds the peoples right to anchor, and strikes down any contrary laws.