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Below you will find a whole host of views concerning the newly proposed, statewide Florida anchorage regulations. All these notes were in reaction to the alert I sent out last Sundan, and they all make for interesting reading. Some of these postings are copies of e-mails that our fellow cruisers sent to the state of Florida , while others are obviously meant to simply be shared with the cruising community. The LAST one in this string, may very well increase your blood pressure. It certainly brought on that reaction for me. I would be GLAD to receive some responses to this note!
Anchorages and mooring fields should not have restrictions on the length of time they may be used by a boater. PERIOD. No 3 day limits or 4 day limit by anyone. If shore facilities are not available then either install the facilities or the boater will have to go where the facilities are available but the time the boat is in the anchorage or mooring field should not be limited. There are many instanced where the time at the anchorage or mooring field might be tied to shore visits where the people are using facilities on shore, perhaps visiting friends or family or riding our bad weather conditions or awaiting crew arrival for the next leg of a trip or awaiting parts for necessary repairs and I could go on and on having been there many times.
Any legislation which would be so punitive would be bad for the Florida economy because boaters spend much money in Florida and if Florida is not willing to allow boaters to stay here for awhile then the boaters will take all their business elsewhere, where they are wanted.
Dave Hetzel
Port Charlotte, FL
We need to find out what makes up jurisdictional waters. Punta Gorda's police limit is at high water mark and has nothing on the water except for the cannels system that was dredged. Will it just be the area for the field or will the state give more area to the cities? What will we be paying yearly tax for if we can't use the waterways? Surely you can't charge tax if they can't use it and anchoring is part of navigation. It is time to stand and quite letting the flat Landers dictate the use of water that they don't use. We will have to fight back and make rules that don't allow those from the north to stay more than three days in any room unless the are a full time resident of Florida. Keep them on the move so they don't put to big a load on any one community and contaminate the area with their waste. Sounds fair if they want to go that direction.
Thank you
Dennis Peck
To Ladies and Gentlemen whom it may concern:
I am dismayed by what I have read regarding proposed new statewide legislation that would severely limit anchoring and/or mooring in Florida waters. At a time when marinas are quickly disappearing to be replaced with expensive private "condo" marinas that cater to the rich it seems to me that your proposed legislation would, in effect, prevent many from using Florida waters at all. What a shame that the rich waterfront home owners consider that "it all" belongs to them.
If you would take a look, you would find that anchoring and moorings are a very practical, economical yet profitable way in boating life and has been for many, many years along the New England shore line. Many harbors there have hundreds of moorings with taxi service provided -- all for a fee of course.
I have lived and boated in Florida for many years. I first set foot in Florida waters in 1947. I have also boated in New England in Long Island Sound and in the vicinity of Cape Cod where the rich and the common people alike all enjoy the beauty of nature on the water -- together. Whether it be a 105' mega yacht in a marina (they probably don't know how to anchor) or a 25' sailboat at anchor (they probably can't afford a marina), all enjoy the water in their own way without problem or conflict. Florida can and should be the same way. It is my earnest hope that reasonableness will prevail.
David H. Jenkins
Captain - Grand Banks 46
Ahoy!
We are aboard a 40 ft Catamaran and have been cruising for 10 years.When we stay stateside, we have made SW Florida our cruising grounds.In fact,we fell in love with the area and bought some property in Cape Coral. We are in hopes to still do our winter cruising in Florida for some time and hope we will feel welcome to anchor or take a mooring for as long as we wish to stay.(and spend money) One thing that drew us to SW Florida,vs E Florida,was the friendliness towards cruisers. Please let us know what we can do to make sure we can stay in one area for more than 4 days.
Dick and Jan SV Cambia
I want to thank you for attempting to make Florida a “non-boater friendly” state. Cruisers visiting Florida are usually baby boomers who are well capitalized, and leave a considerable amount of money in each of the counties they visit. They don’t have school age children, don’t contribute to auto traffic, and don’t consume welfare resources. At some point they swallow their anchors and settle in an area they found to their liking during their cruising time.
Here in North Carolina, we call people who relocate here from Florida “Half-backs”. They liquidated their assets in New England or the Great Lakes states and moved to Florida where they found the real estate and insurance premiums to be oppressive. Un-happy, but unwilling to suffer the ice and snow of their past, they move “half way back” to the Carolinas, hence the term “half-backs”
This trend has kept our influx of half-backs high enough to be growing our economy while the rest of the country’s real estate market is in the tank. If you succeed in making Florida a difficult state for cruisers to visit, North Carolina will become a cruising destination rather than just a stop on the Intracoastal Waterway. We have the outer banks and the inner banks as well as all sorts of history accessible to cruisers on our waterways. The boating insurance premiums are also reasonable here since most insurance companies use Beaufort NC as the separation line between low risk and higher risk to the south.
If you drive enough tourist dollars north, you will need to pass a state income tax in Florida, which will further improve our economy. All I can say is thank you from the bottom of my heart for helping North Carolina fuel our economy in these hard times.
Regards....
Phil & Aven Rosch
Old Harbor Consulting
Claiborne,
Thank you. An E-mail was sent pointing out falicies in this proposed ordinance. I pointed out costs of slips, the problems of residents of proposed sections not being able to anchor in their own or adjacent countries/juristections, on weekends or cruises. The problems of large gatherings such as SSCA GAM's etc.
Bob Austin
Subject: Anchoring Rights
Message: While on the other coast of Florida, Stuart anchoring restrictions are in the news. Jim Flannery wrote an interesting article about the local enforcement of illegal anchoring ordinances -- a story with some similarities to the Marco Island story.
Vincent Sibilla has been arrested four times, convicted once, and spend 21 days in jail for the crime of anchoring near Stuart. On one occasion, Sibilla was arrested, handcuffed, and taken to jail after only being on the hook for one hour. Fortunately, an attorney has come to his aid, and ours, by taking his case pro bono.
This article will be interesting reading for all interested in anchoring rights in Florida.
Glen Moore
DF 40 Last Dance
St. Augustine, FL
The proposed restrictions seem arbitrary and complex. The do not take into consideration weather and sea condition situations, problems with people who cannot afford marinas and/or marine insurance, or the self-sustaining ability of the boat. For example, my boat, a 50 foot trawler ,needs very few shore side facilities. With the two of us on board, our holding tank will last three weeks before needing a pumpout. We have our own showers, a generator and a washing machine which uses soy-based environmentally "green" detergent. We have learned to remove the packaging from most foodstuffs and re-package in reusable zipper bags. That way, we can easily last a week without having to bring garbage on shore. My vessel is occupied 5 out of 5 days, not 3, and does not require shore side facilities for several weeks.
We have a home in Palm Coast, Florida. In 2007 we cruised to the Keys and up the west coast of Florida to Punta Gorda. Our trip lasted about six weeks. We stayed in marinas, on moorings (once) and at anchor. This year we cruised for nine weeks to the Bahamas. We stayed at a marina one night, on mooring balls about 10 nights, and the rest of the time we were at anchor. If Florida passes the proposed restrictions, we'll just forget about Florida cruising in the future and head for the Bahamas each year. At the current price of marinas, the $300 Bahamas cruising permit will be paid for in just a couple of nights at anchor. Many friends in our trawler organization of 1000 boats live north and cruise to Florida in the winter. They will also be considering Bahamas as an alternative.
Florida is the biggest boating state in the US. Is it trying to kill the goose that lays the golden eggs?
Barbara and Barry Kipnis
Much as I hate regulation of any part of boating, it is obvious that something is going to happen concerning this subject.
I'm sure, behind a lot of the requirements on this subject, overboard waste discharge, is a "behind the scenes" concern, and it must be.
Of equal importance, there must be an understanding that boats anchored in designated anchorages for extended periods will certainly deprive transient boats, and boating groups, from making passages, due to the uncertain availability of legal overnight anchorage.
If ttere must be regulation of anchorages, there should also be an equal requirement that such anchorages will ALWAYS provide WORKING pump-out facilities at a REASONABLE price. So should there be dinghy dock facilities proportional to the number of moorings.
Somewhere in all of this debate, there should be an acceptable, mutually agreeable set of rules for both the boating community and the host anchoring facility providers. It must not be "winner take all".
Bill Cromer
To Whom It May Concern
We live in southern Florida
We own 2 businesses in Southeastern Florida.
We own our own home
We have 3 vehicles and also 3 trailers.
We have 2 boats (37’ and 17’) and a dinghy (10’).
As you can see by the above statements we are Florida residents and pay local, municipal and state taxes. All of our vehicles have current registrations.
Are we to be considered “transient” boaters IF we can afford to take 2 to 3 weeks (hopefully longer) for a vacation on our vessel? Of course we are!
We are normal Floridians who would love nothing more than to explore this beautiful State we live in, however, we choose to do it by boat rather than by car or RV.
We prefer the peace and tranquility of being “on the hook” as opposed to dockage at a marina (although sometimes it is a necessity). We work hard all year long to be able to relax and enjoy the peacefulness that dropping an anchor brings. We get to enjoy nature – we’ve watched dolphins, rays, tarpon, herons, osprey, egrets – all types of wildlife. We get to enjoy beautiful sunrises and sunsets and we also get to enjoy the cooling rains and buffeting winds. These are things we don’t get to appreciate in our hectic daily lives.
The proposed anchoring right would mean that we would no longer be able to “stay and enjoy” a certain area if we found it to be someplace we’d like to spend more time and explore. How can you truly find all the interesting places in an area with only 3-4 days to do it.
As our vessel is powered by gasoline, we purchase fuel along our trip. This usually means a trip to a marina, for fuel, water and a pump out – and that means dollars for them.
We shop in the local stores for necessities and luxuries, we do our laundry in the local marina or laundromat – and that means dollars for them.
We frequent their restaurants – and that means dollars for them.
At a time when most boaters are “heading to the Bahamas” I would think that you would think more about keeping boaters in Florida – let’s help our economy at home first!
Matt & Sue Kocsis
SueSeaQ
This communication is in reference to draft legislation 327.61 and 327.61(2) that is being proposed for the Florida Legislature, 2009 session.
I moved back to Florida in 2003 (after being in NC for three years) to resume being a professor within the state university system and, perhaps more importantly, to continue to enjoy sailing the waters of our state. I have owned two cruising sailboats in this time frame and sail extensively throughout Florida year-round. It is important to note that my vessel legally operates within the state, including the installation and use of properly installed sanitation devices that only use shore-side pump out facilities or offshore discharge, where legal. I respect the communities I visit and financially support the marine trade and other local businesses in these communities.
The proposed legislation would essentially hamper any mid to long-term cruising within Florida and, based on my past cruising trends, would jeopardize the legality of my status within the state. One section of the ordinance states a maximum of 30 days consecutive anchoring with 120 days maximum in a calendar year. The proposal may seem fair on the surface, as most cruisers rarely stay more than 30 days in a single anchorage. However, consider the Florida Keys if Monroe County were to establish said rule. I have a trip planned to the Keys for winter and I anticipate over 30 days on anchor in the Keys. Leaving Monroe County from Boot Key Harbor or Key West in order to "reset" the calendar is impossible even under the best of conditions. Hence, if this legislation were enacted, my trip to the Keys would not occur (I suspect others would act similarly in canceling seasonal trips to the Keys)
Even more disturbing is the 3/10 limits in 327.61(2). Limiting my ability to anchor for a maximum three consecutive days or ten days annually in a jurisdiction with a state-approved mooring field is simply ludicrous. If that proposal were in effect currently, I would have been unlawful on four accounts already this year! This proposal is simply unjust and, considering those waiting on vessel repairs or weather windows, unethical. I can predict the reaction within the boating community when a captain felt "pressured" to leave a protected Florida anchorage in foul weather to make an unwise offshore crossing because he or she had used up their three-day anchoring limit and were faced with penalty.
In summary, if this proposal becomes law, I suspect I will sell my vessel as the complexities of cruising Florida’s waterways will be too immense to overcome.You are free to contact me if you desire additional comment or are in need of clarification.
Sincerely,
Richard Chant
S/V Second Wind
Isn't there some other pressing and serious problen these regulators could deal with other than anchoring??? OK, I'll give them that they are trying to help but too much regulation is not helpful it is an invitation for litigation.
The draft regulation for anchoring and anchorages is worse that no regulation at all. Way too restrictive and confusing. Interpretation of this would be all over the map, even more so that today's hodge podge of rules, laws, etc.
This proposed regulation change, I assume it is a change since I can't figure out what we have now, does not face the reality of the existing cruising/boating public in Florida (or anyhwere else that I can think of). 3 days in 5 is a liveaboard?? what about the weekender who comes down Friday-Sunday? Will everyone in Boot Key have to pack up every 30 days or avery 120 days or every 8 days? Will Marathon, Key West, Key Largo bayside and oceanside need to determine who can decide the anchoring rules? The confusion builds.
It appears that the best thing that can happen is to make the rules as restrictive and confusing as possible so we can ignore them since they will not be enforceable. When water based businesses along the coast lose business they too will speak with their votes come election time as we need to do now.
Guatemala is looking better and better.
Capt Jerry
s/v Always for Sail
Before I decide whether to support the proposed legislation or not, I need to know more about the type of boaters that will be impacted. If it primarily impacts the "trailer trash" of boating and prevents them from long-term anchoring or mooring, then I am definitely for the legislation. You know the type of people I am talking about: They dump overboard and rarely move their boat. When they do go to a dock, they fill their water tanks for free and while the husband taking on water, the wife goes into the bathroom to steal the toilet paper. I would be willing to abide by the new regulations if they eliminate this type of "boater".
Here we go again. It occurs to me that if local municipalities gain the right to limit anchoring in state or federal waters within their juridistion that they should therefore not have access to any of my federal tax or state dollars to maintain these waters, i.e. dredging, markers, enforcements, etc. and should be totally liable for any accidents or insurance issues on their waters. You would think with all of Florida's economic woes that they would be encouraging EVERY type of tourist to stay and spend their money as long as they possibly can. Do they think that boaters somehow get by without groceries, without fuel, without going out for a nice meal and entertainment, without buying parts, etc?? I keep strict records on our expenditures and let me tell you, they should be sending us a Thank You letter filled with "specials" and "coupons" (ha!) to have us stay longer! Not to mention, that boaters have less of a carbon footprint than those on land.
Mike & Harriet
m/v Dual Dreams
WRITE YOUR FLORIDA SENATOR! Here's mine:
Dear Senator King:
I have just learned of the proposed 3 to 4 day anchoring limit for ALL boaters in Florida. Don't we want to remain the #1 boating State in the Union? I hope we do, because this oppressive regulatory proposal would severely damage boating in Florida. I believe that it was proposed by one of our State Agencies, which should be punished for such a stupid and oppressive proposal. Obviously they have way to much time on their hands running amuck with this ridicules action and NO comprehension of the negative economic impact on the State. But then no State Agency has any interest or concern regarding negative economic impacts they're responsible for. For this reason, I wish that all Agencies would get a 75% budget cut, just like the rest of us in the current economy.
Please make a stand to STOP this anchoring restriction, for the benefit of Florida boating and all of the money derived from it.
Keep up the good work!
Tim Benner
Ponte Vedra Beach
Subject: Anchoring Restrictions
Message: Hopefully BoatUS will grab ahold of the proposed anchoring restrictions and squash them like they did the EPA permitting for pleasure boats. This is another example of Government Agencies, with too much time and money running amuck. It seems that several times a year they are running with some ridicules oppressive regulation. I think that the only long-range solution is to cut all of their budgets 75%, so they don\'t have so much regulatory time on their hands.
Remember that the 2nd Amendment of the Constitution gives us the right to bare arms, so that when the Government becomes too oppressive, that we will have the arms at hand to get rid of it. The more time goes on, the more I understand what our fore-fathers were thinking about or planning for.
Back to reality, PLEASE WRITE YOUR CONGRESSMEN AND ASK EVERYONE YOU KNOW TO ALSO!! Here are the links to find your Congressman:
Florida: http://www.flsenate.gov/Legislators/index.cfm?Mode=Find%20Your%20Legislators&Submenu=3&Tab=legislators&CFID=105808002&CFTOKEN=91852097
http://www.senate.gov/
http://www.house.gov/
Tim Benner
Florida Boater
Subject: Anchoring Restrictions
Message: After reading all the pros for anchoring restrictions is as Forrest Gump said so brilliantly \"Stupid is as stupid does\" !!!!!!!!!! Guess I\'ll sell my house and business and move out of Florida!
August Trometer
We reside on the West Coast of Canada, have purchased a boat in Ft.Lauderdale to enjoy our winters in that great part of the US. We are finding it distressing that restriction upon restriction is making this way of contributing to your economy whilst enjoying ourselves difficult to rationalize.
We have our boat moored behind a friends house on one of the lovely canals and are also informed that we cannot sleep aboard even when we arrive to get ready to start cruising and enjoying the anchorages, this restriction is even for one night !! I have verified this with local by law enforcement.
We had intended to to keep the boat in Florida and use it there for our approaching retirement years but are now considering having it shipped up to the Vancouver rather than go all this hassle in order to spend money in Florida.
We urge the regulators to let the people enjoy the waters that nature provided for us to enjoy and stick to intelligent enforcement of pollution laws which apply.
Yours sincerely
Dennis McMurtry
Be SURE to take your blood pressure medication before reading the note below:
SIR:
IT IS MY HUMBLE OPINION THAT THE "CRUISING COMMUNITY" NEEDS TO UNDERSTAND THE FACT THE REST OF US TAXPAYERS ARE TIRED OF GIVING YOU A FREE RIDE. I HAVE BEEN "BOATING" SINCE I WAS 10 YEARS OLD, BOTH POWER AND SAIL,SO I FEEL I HAVE THE CREDENTIALS TO MAKE SUCH A BOLD STATEMENT.
I HAVE BEEN FOLLOWING YOUR "TEST" CASE FROM THE FIRST TIME IT WAS PUBLISHED IN BOAT U.S. MAGAZINE. I HAVE ALSO BEEN OBSERVING THE "CRUISING COMMUNITY" FOR ABOUT 30 YEARS, HAVING TRAVELED THE "DITCH" FOUR TIMES FROM NEW JERSEY TO SOUTHERN FLORIDA.
I THINK THE 3 OR 4 DAY LIMIT IS 2 OR THREE DAYS TOO GENEROUS! I'VE OBSERVED "CRUISERS" PARK THEIR UNKEMPT AND QUITE DISHEVELED EYESORES FOR MONTHS AND IN FACT YEARS ON END IN ALL AREAS OF THE INTRACOASTAL, EXPECTING FREE WATER, DINK STORAGE AND GARBAGE DISPOSAL WHEN THEY COME ASHORE. TO AD INSULT TO INJURY, THEY USE THE OTHERWISE PRISTINE WATERS AS THEIR SEWERS.
I, AS A TAXPAYER, DEEPLY RESENT UNDERWRITING YOUR "FREE" SPIRITS. YOU CHOOSE TO "CHUCK IT ALL", BUT EXPECT THE PUBLIC AT LARGE TO UNDERWRITE YOUR RETIREMENT. WAKE UP--------AND KEEP MOVING!!!
DON SCHWARZ
Responses to the message just above:
A response to the Florida anchoring proposed legislation from a fellow who stated that he has boated for 30 some years iincluding trips to and from New Jersy and Florida, is typical of the ignorance and misunderstanding of the boating community. He states that boaters do not pay taxes, use services free, are, sometimes, sailing ugly boats and contribute to the sewage problem.
Just like renters a portion of the fees we pay for mooring and slips do pay for services as well as the salaries of the good folks who rely on the boating community for income. We also pay income tax and sales tax.
How many times have you heard from folks, vacationers and locals, who patronize waterfront restaurants, bars, etc that the boats they see are part of the attraction to that area?? Yes, some boats are ugly and stay too long but if this life was a beauty contest many of us would have to stay home. Any suggestions on how to legislate pretty or ugly??
And the sewage problem. Why is it that the fecal counts at beaches and along our rivers seem to go up after a rain?? It seems that run off is a local problemm not a cruising problem. It has been found that the higher pollution in our waterways is mostly attributable to over stimullating lawns with chemicals. Oh yea, that higher fecal count after rains is also found to be from four legged animals not necessarily cruisers or others. I have also read that there is more polution from cities\\\' inadequate sewage treatment plants and the agricultural community than the boating community could possibly contribute.
It seems to be easier for our elected officials and others to point the blame towards an easy target than it is to actually go after the real problem of pollution. How easy is it to pass legislation that requires a small percentage of the public to change and then take credit for doing good than to cause a high percentage of the electorate to actually pay to fix something???
Capt Jerry
s/v Always FOR SAIL
Subject: Anchoring Rights
Message: Let me start by saying that it is impolite and rude to type messages in all caps as Mr. Schwarz has done. It is like screaming!
He has apparently had his over the years and wants no one else to enjoy what he has in his past. He has lost his free spirit and may have become bitter as a result. He is a self centered person who thinks only of himself. The truth is probably as it is in many cases of people such as him. He points to the negatives, which he apparently knows well, as he must have been a poluter in an old unkept boat for years. He is like a reformed smoker, "I don't do it any more so no one else should either."
This is just another example of where America is headed my friends. These, and similar restrictions are affecting many groups, who seem to be too different for the masses. Those with the gold rule, as they are able to buy the powers that be.
Fret not, as it was people like us who were the very reason we no longer speak the kings english. Fight on!
We have become intolerant of free spirits in this country. No longer do we admire those who march to a different drummer. It all boils down to jealously and greed.
Myrna and Earl
S/V "ROSA"
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