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T&T: Anchoring in Florida

From: Carl H. Martin (no email)
Date: Sat Jul 01 2006 - 10:52:15 EDT

  • Next message: Ron Rogers: "Re: T&T: Anchoring in Florida"

    A section of a new bill (HB 7175) signed into law this week is titled Vessel
    Mooring Field Regulation. It says:

    Section 327.02(15), F.S., prohibits local governments from regulating the
    anchoring of non-live aboard vessels in the exercise of rights of navigation.
    Public rights on navigable waters are not restricted to navigation in the
    strict sense, but include such incidental rights as are necessary to render
    the right of navigation as reasonably available. The incidental rights
    include the right of a vessel to anchor so long as it does not unreasonably
    obstruct navigation. If it is a live-aboard vessel or floating structure,
    cities & counties can regulate their anghoring and mooring up to a flat
    prohibition.

    Section 327.02 defines "live-aboard vessel" to mean:
    (a) Any vessel used solely as a residence; or
    (b) Any vessel represented as a place of business, a professional or other
    commercial enterprise, or a legal residence.
    A commercial fishing boat is expressly excluded from the term "live-aboard
    vessel".
    I think this is good news. I wonder if there are any lawyers on the list that
    might care to comment on this. I have a feeling it won't be long before this
    is challenged. Personally I'm amazed that there isn't a Federal law regarding
    the right to anchor.

    Carl
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