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ANCHORING IN FLORIDA
WATERS
JUST GOT EASIER
Boaters cruising Florida waterways have often met resistance
from local homeowners or law enforcement when they anchor during
a cruise. In May, Governor Crist signed legislation re-affirming
the cruising community’s ability to anchor and re-states the
restrictions on local governments to regulate anchoring. Below
is a summary of the anchoring portions of the law with
citations. Boaters should carry this sheet with them while
anchoring in Florida and share it as needed. Be prepared to show
this to any resident or law enforcement officer who challenges
your ability to anchor!
What is a live-aboard under the new Florida law
The definition of "Live-aboard" vessels was changed,
effective 7/1/09. Active cruisers who can move their boats, even
if only on rare occasion, are not considered live-aboards and
therefore cannot be regulated by local governments.
(from House Bill 1423, line 377-386)
327.02 Definitions of terms used in this chapter and in
chapter 328.—As used in this chapter and in chapter 328, unless
the context clearly requires a different meaning, the term:
(17)"Live-aboard vessel" means:
Any vessel used solely as a residence and not for
navigation;
Any vessel represented as a place of business, or
a professional or other commercial enterprise; or
Any vessel for which a declaration of domicile
has been filed pursuant to s. 222.17.
What’s the new law say about local municipalities setting
anchoring time limits?
The law, effective 10/1/09, says what the old
law said, more clearly: local authorities may not restrict
anchoring for non live-aboard vessels outside of permitted
mooring fields. Note the new definition of "live-aboard" above.
As a result, boaters using their boat for navigation may not
have their anchoring restricted by a local city or county
outside of permitted mooring fields.
Key West Mooring Field ;Ft. Myers Beach Mooring Field;
Fernandina Beach Municipal Mooring Field are the only permitted
mooring fields in the state.
(Existing FL law:)
327.60 Local regulations; limitations.--
(2) Nothing contained in the provisions of this section
shall be construed to prohibit local governmental authorities
from the enactment or enforcement of regulations which prohibit
or restrict the mooring or anchoring of floating structures or
live-aboard vessels within their jurisdictions or of any vessels
within the marked boundaries of mooring fields permitted as
provided in s. 327.40. However, local governmental
authorities are prohibited from regulating the anchoring outside
of such mooring fields of non-live-aboard vessels in navigation.
(Effective 10/1/09)(from House Bill 1423, lines 714-723)
(3) "However, local governmental authorities are
prohibited from regulating the anchoring outside of such mooring
fields of vessels other than live-aboard vessels as defined in s.
327.02.
This change in the law DOES NOT affect anchoring within a
marina. Marinas are still allowed to manage "live aboards" which
might be in their slips.
For a copy of HB 1423, look at the Enrolled version of the
bill:
http://www.myfloridahouse.gov/Sections/Documents/loaddoc.aspx?FileName=_h1423er.xml&DocumentType=Bill&BillNumber=1423&Session=2009
REVIEWED BY FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION
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Government Affairs