GL: Florida boating tax

[bob Austin]

Mike Maurice started this thread, but I followed up with Captain Richard
assistant counsel of the Florida Fish and Wildlife Conservation comission.
The Florida Registration sticker for documented vessels, or a
sticker/registration from some other state must be on the vessel on arrival in
Florida waters.  There is no grace peroid.


The original E-mail from Captain Richard states the following:
"Registration, however, is a tax.

The Florida certificate of registration is a seagoing tax
receipt and the decal is a seagoing equivalent of a tax stamp.  The
certificate of registration issued for a documented vessel does not have
an "FL" number on it.  Instead of a Florida issued number, the
certificate will list the vessel's federal documentation number.  The
issue is one of taxation, not identification of the vessel or proof of
its ownership and liens.  A documented vessel is only exempt from
titling and numbering.  Unless exempted under some other provision of
law, all documented vessels must be registered (pay the tax for their
use of Florida's waters).

One of the exemptions to the registration requirement provided
in Florida law is for vessels (documented or numbered) that have paid a
similar tax in another state.  The owner of a federally documented
vessel must have either: 1) Paid the Florida registration tax and have a
Florida certificate of registration that is in full force and effect; or
2) Paid a registration tax to another state and have a certificate of
registration that is in full force and effect from that other state.
Otherwise, operation of the vessel upon the waters of this state is
unlawful.  Although the term "state" includes the District of Colombia,
Puerto, and all U.S. territories and possessions, it does not include
foreign countries such as Canada or the Bahamas.

The only grace period provided in the registration statutes is
for newly purchased vessels.  If one has purchased a vessel within the
preceding 30 days, and if the operator has on board and available for
inspection a bill of sale that lists all twelve items of information
required under section 328.46(1), Florida Statutes, then that vessel may
be operated during the first 30 days following purchase.  This 30-day
period does not, however, apply to vessels recently arriving within the
state unless coincidentally they have also been recently purchased.  If
an officer encounters a documented vessel and that vessel does not have
a current and valid registration from Florida or from another state, the
officer will only "need to determine whether [thirty] days had passed
between the purchase of the vessel and the issuance of the citation for
failure to register the vessel."  State v. Efthimiadis, 690 So. 2d 1320,
1323 (Fla. 3d DCA 1997)."

I pointed out to the Captain that it would be impossiable to register a boat
in Florida before comming into the state and his response was:"The resolution
to the "Catch 22" situation you mentioned is very simple: register your boat
in your home state (or any other state through which you transit) before
coming into Florida.  Then you need do nothing further unless you intend to
stay more than 90 days. "

I had mentioned the Sojouner's pass, but he declined to comment on that--I
have asked about it again, and pointed out that 10 coastal and inland waterway
states which vessels come to Flordia to or via have no registration
requirement for documented vessels and that Florida is the only state which
does not have a grace peroid--all other states seem to allow 60 to 90 days
before any state registration is required.

I also asked why the seemingly increase of the enforcement in NorthWest
Florida and if it was related to complaints about the officer in Venice. (I
did not say it was only by this one officer.)

His response:
"You are mistaken about this "not being enforced except by one officer in
Venice."  I have personally been enforcing this requirement for more than 30
years.  I, and most other officers, use the following enforcement technique
1. The first time we encounter your boat (and sometime even the second or
third time), we will stop you and explain the requirement.  Education is
always the preferred technique for obtaining compliance, and most boat
operators will comply with any law once they are made aware of it and
understand it.

2. The next step is a written warning.  A few people simply will not comply
with any requirement until the officer "puts it in writing."

3. Finally, if all attempts at education, persuasion, and warning have failed,
the officer will issue a citation.  For example, the officer in Venice has
issued less than 10 tickets for violating this law.  That is 10 tickets
cumulatively over several years.  Some people would have you believe that he
cites every vessel that passes through Venice.  This is simply not true.  He
does not do it, and neither does any other officer that I know.

So if you plan to do Florida in the Loop, please register your boat in your
home state, even if you don't need to!  (sarcasm inteneded).

Forwarned--and the guide books need to include this in their preface to
Florida cruising.

Bob Austin