T&T: Anchoring in Florida

[Ted Stehle]

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
tstehle@waterwayguide.com

----- Original Message ----- 
From: "Carl H. Martin" <chmartin@tampabay.rr.com>
To: "Bob" <bob@bobgritter.com>; "Trawlers & Trawlering" 
<trawlers-and-trawlering@lists.samurai.com>
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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