The passing of HB 1423 gave us nothing more than
we already had as far as anchoring rights.
Florida s. 327.40 protected our right to anchor.
Local jurisidictions never had a right to ask anyone to
move out of their areas, with the exception of
"liveaboard" boats that were outside of mooring
fields. Liveaboards are defined as those boats
that do not move (used solely as a residence or
place of business {not including commercial fishing
boats} lost their rights in 2006.
For quite some time, on my website, I have had
a copy of the statute and told others it would be
prudent to keep a copy aboard in the event you
were asked to moved. Now Boat U.S. comes out
with something similar and people think it's great.
This is nothing new at all. It's to make you think
they actually care about your rights. Your rights
to anchor were already there.
What HB 1423 did do is add the EPA's Pilot
Program. This is the real problem we have. The
Pilot Program was added after all public comment
was included and all proposed revisions made to the
statutes via the FWC. I noticed two pages added
to the very end of the final revisions that were
submitted to the FL Legislature. It was titled
"Pilot Program." After I read it I was shocked!
On the FWC website they explained "due to pressure
from homeowners and some others..." they added
the Pilot Program. Unreal. Our exercise of trying
to steer the FWC to make changes that the public
asked for was all in vain. Everyone who followed
each revision of the statutes mainly focused on
s. 327.60 which protects our rights to anchor. Once
everyone saw it remained intact they stopped
looking. No one expected a back door approach
sneak attack.
The Pilot Program is EXEMPT from adhering to
s. 327.60 which means that on the grounds of
"environmental protection" or whatever else the
EPA comes up with they can make adjustments
to their demands. As it stands, a mooring field
that is part of the Pilot Program (there will be five
initially) can keep others from anchoring outside
of it. Boats in navigation have rights under Maritime
Law and are not prohibited from anchoring outside
a Pilot Program mooring field...well, not YET.
I truly believe that the Pilot Program is a threat to
our anchoring rights. What could be its purpose
otherwise? Do we really believe the EPA and
FWC in conjunction are going to study the
environmental impacts of anchoring vs. moorings?
I don't think so!
This is just the beginning.
A number of board members of the FOW (Freedom on the
Water) and SSCA resigned when their groups
went along with the Pilot Program. Boat U.S.
caved in too, calling it a compromise. Compromise
to whom?
We had the momentum and got the revisions we
wanted throughout the public forum of FWC's
proposed revisions. What no one knew is that
the few people who are behind it all and very
well connected politically...had this Pilot Program
already planned out in the event the public refused
to go along with restrictions to anchoring.
The Public spoke and the money got its away
against an overwhelming majority of boaters,
cruisers, and weekend boat owners. It is a shame!
The Pilot Program is our Achille's Heel. Before it,
there was NOTHING in Florida's Statutes that
would prevent us from our rights to anchor. Now
they you all thinking it's all GOOD...that HB 1423
saved us and that you have a victory.
Nothing could be further from the truth.
Watch and see. These programs will pop up
in the very places where the cities have been in
court trying to keep boats from anchoring in their
waters. A coincidence? Not likely. Sarasota Bay
got caught letting the cat out of the bag when they
tried to enforce a strict no anchoring. They were
immediately taken to court. Sarasota backed down.
I am sure they know Sarasota will be a part of the
Pilot Program and they flexed their muscles too
soon. The areas are supposed to be diverse and
chosen by a committee. Who are they kidding?
The Pilot Program is the WAY for those areas to
get what they've wanted all along.
By way of politically correct environmental protections
it is not difficult to see how our rights to navigation
will take a back seat to "saving" something
environmental that really isn't in jeopardy in the
first place. But when you have the EPA as your
hitman...landlubbers will listen.
The Pilot Program will be the doom of us all. It
is the ONLY venue that can erode our rights to
anchor.
Follow the money. Who wants it this bad? Can
you imagine no anchoring in all of Sarasota Bay?
Well...imagine. It CAN happen. It couldn't before
but with the addition of the Pilot Program to
HB 1423 and with its passing it CAN NOW.
Charmaine
Date: Mon, 17 Aug 2009 16:52:48 -0500
From: "Densler, Vernon R (IT Solutions)" <[email protected]>
Subject: Re: [Liveaboard] Florida Anchoring Rules
To: <[email protected]>
Message-ID:
<[email protected]>
Content-Type: text/plain; charset="utf-8"
Not bad at all it?s great. Now it needs to be tested. The issue is that
some cities still think they have the right to restrict it and someone needs
to test them and then show them the statute when challenged.
Vern
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