GL: Venice - Old News

[Jim Healy]

As was also correctly pointed out, the "Venice Water Cop" retired last year,
and worked for Florida Fish and Wildlife, not the City of Venice.  What
hasn't been made clear in this discussion is that, his personal style
excepted, he was correct on the law, and the tickets he issued were
correctly based on Florida F&W statute.  If you were registered in another
jurisdiction of the United States, you have a grace period to register in
Florida.  If you are not registered in another US Jurisdiction, you're not
supposed to be on Florida waters AT ALL until you register in Florida.  I
think it's poor;y written.  I know it's poor;y understood and poorly
enforced.  That said, those "Venice Water Cop" tickets were often overturned
when people challenged them in court.  There was even an 800 number on these
lists a couple of years ago you could call at FWC, and they would void the
ticket for you.  I think it is fair to say this area of Florida law is
confusing enough that it is not widely enforced across the state.  The
Venice guy just made it his personal mission in life.  It was his thing.
Overly zealous in his authority and absence of personality, and presto, the
Venice Water Nazi!
 
In Florida, all boats are registered by the State; yes, even documented
boats.  And, in Florida, all transient boats are supposed to be registered
somewhere.  But, some states (Washington, North Carolina, Maryland, Montana,
others) do not register documented boats, and some states do not issue
stickers or tax stamps to documented boats.  So, what are you supposed to do
if you hail from one of those states?
 
Florida Law recognizes this problem, and offers a document called a
"Sojourner's Permit."  It is issued at any HSMV (Highway Safety and Motor
Vehicles) office of the State, anywhere.  It's good for up to 180 days,
costs up to about $150, and provides stickers for the boat that substitute
for Florida Registration.  You would only need it if you have no other US
jurisdiction stickers.  Maryland issues a sticker to Documented boats that
is not a registration sticker, but a tax stamp.  Florida accepts that
sticker as a registration sticker, but I had one on my boat for several
years before I realized it wasn't a registration sticker, and I doubt the
folks of Florida know that.    
 
Did I mention above that this area of Florida Law isn't well understood in
Florida?  Well, it's not.  Many HSMV people do not know about the
Sojourner's Permit.  There are many anecdotal stories about boaters going in
to get one, and having the entire office totally confused as to what to do.
If you decide to go this route, hit an office in one of the Waterfront
centers of the state.  I know the Tarpon Springs HSMV office is both near
the waterfront and knows about the permit!
 
The discussion about warrants to board a boat does not apply to the Coast
Guard, but may to local water cops.  The Coast Guard does not require a
warrant - or even reasonable cause - to board or search.  They do it - quite
legally - for practice.  Also, don't try to apply the Interstate Commerce
Clause here, either.  Learn to ALWAYS think Admiralty Law, not
Constitutional Law, when you're on a boat.
 
BTW, we've been through Venice several times, and never made the
acquaintance of himself.  I guess I'm not disappointed!  
 
Now the FWC idiot potti patrol...   that's really outrageous!!!
 
Peg and Jim Healy aboard Sanctuary,
currently at Charlotte Harbor, Punta Gorda, FL
AGLCA # 3767
MTOA # 3436