Lee, The Statute 327.02 para (17) definition will suffice to define me as a livaboard since I use my boat solely as a residence. I do not represent it as a place of business, profession or other commercial enterprise.
But of course, there are nuances here. Perhaps if I use some text I have written for the List in a book of my adventures for sale, or write that book on the boat, then perhaps the boat could be considered as a place were commercial enterprise is conducted. Stranger things have happened. As for the residence ashore part, I don't recall where I read that, but most definitely, the cops do ask if I have a residence ashore and when I answer affirmatively they break off their attack. I am afraid to answer in the negative just to see what happens. Let others who have less to lose test those waters. Norm S/V Bandersnatch Lying Julington Creek 30 07.695N 081 38.484W > [Original Message] > From: LA Licata <[email protected]> > To: <[email protected]> > Date: 2/15/2009 1:37:28 PM > Subject: Re: [Liveaboard] Livaboard Anchoring > > Norm, > > I have to ask: Have these definitions be defined somewhere? > > I understand that the terms have been thrown about, but have not > found where they are defined. > > Per http://www.southwindsmagazine.com/resources/ > newfloridaanchoringlaw.htm > > which says, in part: > Quote > In simple wording, this means that communities cannot restrict > anchoring rights of non-liveaboard boaters outside mooring fields. > This means people cruising, whether on their way somewhere or just > gunkholing around. The essence of this revolves around who is a non- > liveaboard, and who isnt. Statute 327.02 paragraph (17) of the > Florida Statutes defines liveaboard vessel (fishing vessels are > excluded): > (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. > One maritime attorney suggested liveaboards call themselves full- > time cruisersto place the burden on the local community to prove > who is and isnt a liveaboard. This is not just semantics, as a fine > line often exists between who is a cruiser and who is a liveaboard. > Unquote. > > No where do I see where you need to own property ashore. > > To be honest, I do plan to engage a maritime attorney when i get > close to any state that has these restrictions to ensure that I fully > understand my rights and their (police) limitations. > > Lee > > On Feb 15, 2009, at 1858, Norm of Bandersnatch wrote: > > The recent developments in the Florida anchoring situation in > encouraging. > > ...."Livaboards" are defined by law as those folks on a boat who DO > NOT own or > rent property ashore (and therefore, not coincidentally, DO NOT pay > property taxes), while "full time cruisers" are folks on a boat who > DO own > or rent property ashore (and therefore, not coincidentally, DO pay > property > taxes). That's why cops often ask us if we have a residence ashore when > they come alongside...
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