T&T: Attn: Florida full time cruisers

[Frank Hartle Jr.]

  On Saturday the 28th of June, 12 Fish and Wildlife officers accompanied by
a county sheriff deputy converged on our Sanford Florida marina and boarded
all boats that had people living on them.  They were looking for
compliance with Florida Statutes 327.53 1-7.  These officers sited a couple
of people for dumping raw sewage.  $250.00 fine, well deserved, disgusting !
  The problem came when they cited vessel owners with approved Type I or II
MSDs.  The catch 22 is they classified these boats as Houseboats under
Statute 327.53(2).  There reasoning for this classification was that, " any
vessel used primarily as a residence for a minimum of 21 out of 30 days is a
houseboat and regardless of the MSD Type it must be directed and locked to a
type III holding tank only.  At this point some of you may say " and the
problem is "?
  Let me quote 327.53(2)  " Every houseboat shall be equipped with at least
one permanently installed toilet which shall be properly connected to a
United States Coast Guard certified or labeled Type III marine sanitation
device.  If the toilet is simultaneously connected to both a Type III
sanitation device and to another approved marine sanitation device, the
valve or other mechanism selecting between the two marine sanitation devices
shall be set to direct all sewage to the Type III marine sanitation device
*(and while the vessel is on the waters of the state)*, shall be locked or
otherwise secured by the boat operator, so as to prevent resetting.
  Notice the words I bracketed.  Once classified as a houseboat you cannot
use your Type I or II Approved MSD on any intracoastal or coastal waters in
Florida irregardless of the Code of Federal Regulation Title 40 140.3(2).
These Wildlife Officers stated that boats are being checked across the state
including boats passing through.

*   I don"t know if it was their training or ignorance of the Statutes but
Florida Statute 327.02 Definitions paragraph (13) states: "Houseboat" means
any vessel which is used primarily as a residence for a minimum of 21 days
during any 30-day period in a county of this state, AND this residential use
of the vessel is to the preclusion of the use of the vessel as a means of
transportation."
*   On the Florida Department of Environmental Protection web site under
Clean Vessel Act FAQ a houseboat is "defined as a vessel used primarily as a
residence and NOT moved for 21 out of 30 days in a county of this state."
*   Finally on the Florida Fish and Wildlife site www.MYFWC.com on a news
release dated February 8, 2008 in which they talk about Operation Overflow,
the increased inspections and citations, they themselves define a houseboat
as a "vessel used primarily as a residence for a minimum of 21 out of 30
days in a county of this state, AND this residential use prevents it from
being used as a means of transportation.

  While I was not on board during this inspection, my neighbors Motor Yacht
was classified as a "houseboat" even though he regularly cruises.  He is
planning on fighting.  What could be the motive for the increased poop
patrols besides environmental?  On the Florida Department of Environmental
Protection  web site under Clean Vessel Act- Spotlight- the agency brags
about receiving $3.5 Million in CVA funds from the U.S. Fish and Wildlife
Service, more than the other 27 states received.  But if you research the
qualifications to receive and be able to keep these funds you will see that
the State of Florida has to prove and document enforcement and improvement
to the Florida waters.

  If you are on the hook in Florida and the FWC cruises up and ask you if
you live aboard you will know what is coming.


  Frank
  LUV'N LIFE
  47 Atlantic