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Re: T&T: Anchoring in Florida

From: Ted Stehle (no email)
Date: Sat Jul 01 2006 - 12:00:50 EDT

  • Next message: (no email): "T&T: Florida Restrictions"

    It is already being challenged. See www.naplesnews.com for the 29th or go
    to www.waterwayguide.com "waterway news southwest florida" for more info.

    Ted Stehle
    News Editor
    Waterway Guide
    www.waterwayguide.com

    ----- Original Message -----
    From: "Carl H. Martin" <>
    To: "Bob" <>; "Trawlers & Trawlering"
    <>
    Sent: Saturday, July 01, 2006 10:52 AM
    Subject: 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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