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thataway
Joined: 02 Nov 2003
Posts: 20810
City/Region: Pensacola
State or Province: FL
C-Dory Year: 2007
C-Dory Model: 25 Cruiser
Vessel Name: thataway
Photos: Thataway
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 Posted: Sun Jun 25, 2017 6:59 pm Post subject: Anchoring law in Florida |
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This has been discussed a few times as a "bellwether" for the rest of the country for the potential restriction by local homeowners against anchoring rights.
Here is a letter from the lobbyist hired by the boating community, with donations from some of us:
It shows that boaters can have an influence. That large city government and a few waterfront homeowners cannot restrict our cruising privileges. Hopefully this will prevent other states from going thru the same issues that we Floridians have been challenged with.
This does not so state, but Boat US was also involved.
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Florida?s anchoring Bill now is law.
Thank you AGLCA, SSCA, MTOA and DeFever, for your continued support.
Florida?s new Mooring & Anchoring bill has become law. The Governor just approved HB 7043. It is law. As of now, the new law explicitly states no local municipality or county in the state of Florida may ban, restrict, or otherwise regulate an anchorage in Florida coastal waters. This plainly worded section of the new law eliminates each community from setting its own regulations. If this section was not plainly worded it would have resulted in many lost anchorages over time with boaters challenging cities for the right to anchor. Instead, we got the pre-emotion provision ... preventing any local government from banning an anchorage.
It was important for us to ensure there were no unreasonable setbacks in this bill. But, as I have said in the past, the single most valuable piece of this bill is the preemption provision. This seals off local governments. The only way that a new anchorage can be banned is by an Act of the entire Legislature and Governor. We can almost always kill such a bill. Moreover, we can likely kill any future effort to overturn the preemption or add new band and ranges in state statute.
With the state level preemption and no local control, we are now in a position of strength. It is a home-field advantage for our side. Without preemption, however, the entire issue is a home game for all the anti-cruisers in EACH of their local communities? an infinite number battles that we would not be able to fight piecemeal.
Moreover, SSCA, AGLCA, MTOA and DeFever prevented the enactment of any setbacks that could have resulted in the elimination of any existing anchorages state wide.
Finally, you did a lot to rehabilitate some of the negative imagery about anchoring cruisers that had made its way to the Capitol.
Congratulations to each of you, this team, and all the members of MTOA, SSCA, AGLCA, DeFever who supported your effort, stuck with you, and made your voices heard? to protect the freedoms of cruisers.
The above is from our Tallahassee ?Boaters Rights? Lobbyists Jerry Paul of Capitol Access who skillfully guided this legislation through six committee hearings with unanimous approval.
Of major importance was the fact this was the accumulation Florida?s 9-year, multi-million dollar, anchoring study resulting in a 256 page report. It was thought Florida?s new law may be a precedent for other states along the waterway. This was a primary cause to eliminate as much as possible harmful to boaters language which would be in the new law. Counties, cities, waterside home owners and condominium groups were for local control to establish non-anchoring zones. Local control was totally defeated. Today the new law requires very high standards for counties to satisfy to even approach the state to establish new non-anchoring zones.
Another major accomplishment, within the original FWC report, waterside residents were insistent for non-anchoring setbacks of 150? up to 300? along the waterway. This would have eliminated many now popular anchorages. The new law eliminated these setbacks for boaters.
During this same time, we were instrumental with Florida?s new Derelict Vessel law, the previous bill was defeated because we felt it was too harsh for the boat owner, fines to high and did not give adequate time for owner removal. The new Derelict Vessel Law corrects these items.
Mike Bodin
MTOA Public Advocate
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_________________
Bob Austin
Thataway
Thataway (Ex Seaweed) 2007 25 C Dory May 2018 to Oct. 2021
Thisaway 2006 22' CDory November 2011 to May 2018
Caracal 18 140 Suzuki 2007 to present
Thataway TomCat 255 150 Suzukis June 2006 thru August 2011
C Pelican; 1992, 22 Cruiser, 2002 thru 2006
Frequent Sea; 2003 C D 25, 2007 thru 2009
KA6PKB
Home port: Pensacola FL |
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