A Boater’s Worst Nightmare!
This is one of those “worst case scenarios” the likes of which we can all imagine, but hope and pray it never happens to us. James, you have our sympathy.
This is an SOS and regards Florida impounding procedures for sailing vessels. My name is James Vause my vessel is the Lady Linda a ’72 Cal 33 racing cruiser registered in Florida and titled, I have lived aboard her for the last three years but have not made any legal steps to claim liveaboard status. on the 6th of March 2016 St Andrew Bay had severe weather. i had two anchors out one broke loose before dawn the other fouled and my vessel was pushed towards shore and between to docks i kept off both dock but tied to one in emergency restricted in ability to maneuver circumstance. the dock owner had me trespassed by the municipal police. as soon as able i un moored from his dock. Vessel aground i spent the next three days winching off a pilling of the other dock getting my vessel turned bow out to open water but still aground tho not hard. exhausted i left the boat moored to the pilling going to shore for rest and recuperation having spent alot of time in the water and being trespassed by both dock owners. upon my return to my vessel on the 15th march 2016 before dawn she was not there i reported the vessel stolen to the municipal police department on the following friday an investigator contacted me. his position was one of i am wrong for my boat being there after the verbal trespass warnings and my boat was probably towed. We both contacted coast guard and FWC offices. the FWC had impounded my boat having it towed the officer did try to contact me he said. Monday 21 i was given the information on the towing company to find that it cost 1200$ to tow and 150$ a day. at present its at 2550$ i have been cited with abandoned vessel and and nuisance to public charge and a court appearance. I am unemployed and on state welfare. it was under 48 hrs for the FWC to claim my legally registered and titled vessel to be abandoned and have it impounded. this is the future of boating in Florida waters.
James Vause
Comments from Cruisers (8)
Larry,
Having attended a few of the meetings hosted by the FWC on this topic, I did miss the sarcasm, simply because these are the asserted behaviors ascribed to cruisers in Florida by both land-based detractors and law enforcement. While most folks from out of state are miffed at their inability to do anything they please anywhere they please, many folks here in Florida with waterfront interests view them as either sheep for shearing or vermin for eradication. The only boats welcome here come with mega as a modifier or have center consoles and are billed for a slip or mooring. And when cruisers pull the cruisers won’t spend their money here if they are mistreated, people just snigger…what money? Cruisers spend far less in a year than Disney makes in a day. Cruisers in Florida who anchor are viewed as waterborne equivalent of street people and a few go out of their way to dress and act the part.
So I found Tim’s remark to be reinforcing of a stereotype rather than sarcasm.
Just one guy’s view. We no longer ply the AICW to any greater degree than necessary to get to the Abacos.
Keep up the good work.
Chris
Let me add a constructive comment. A sail boat is generally easier to get off from being aground that a power boat. Set two anchors out–one in the direction of the deeper water, the second forward of the beam. Take the spinnaker halyard to a bowline in the anchor which is set forward of the beam. Use the halyard winch to heel the boat over, as you take strain on the forward anchor. It does not take much heeling effect to reduce the draft enough to let the boat work free. This assumes that you have at least two spare anchors. Every cruising boat should have at least 4 anchors–Two bow, a stern and a kedge.
Sorry for your plight, but it is because of boaters like yourself that Florida has taken the position it has. I don’t want to be mean and offend anyone, but there are several things this boater did wrong that landed him in this position. While he may not have been treated well by the locals, he had a duty as a boater to exercise due care and be responsible. The emergency happened and he was correct in his position at first, but when he left his vessel, even thou exhausted at trying to correct it’s peril, it became abandoned. This situation could have been avoided if the captain had a towing service policy which would of allowed him to get out of his situation in a timely manner. True, this cost money, but we all know that the freedom to boat is not necessarily free. Now the captain will have to pay after the fact to recover his vessel. In Florida’s eyes, this might very well have become another vessel that was abandoned. I have long been a proponent that Florida should require abandoned vessel insurance on all vessels registered in Florida. My sympathy is with this captain, however his actions led to this ultimate outcome.
And yet the authorities let obviously abandoned/derelict boats sit for months in places where they are a problem and even other boaters want them removed!! Go figure…
Unfortunately you abandoned your boat. I wonder what the interaction was between you and the owner of the docks? You had inadequate anchoring gear.
Your only recourse is to negotiate a settlement with the person who towed your boat. If you feel that it was unjust, then your have the option of legal action. Most likely you will loose.
You are fortunate that the person who towed your boat did not claim salvage.
Yes, I feel for your plight. But you should have never abandoned your boat. Part of being a responsible boater, cruiser is taking proper precautions to avoid such a situation. If it occurs, then you have to have the insurance and resources to handle the situation. What if you had caused $10,000 in damage to the property owners dock? What if you sunk his $ one million dollar boat?
Unfortunately the cruising life is not free. It has responsibilities.
I for one am less than sympathetic. Mr. Vause embodies precisely what is wrong with some boaters who become lightning rods for homeowners and ruining boating for everyone else. He trespassed on two properties, denying those owners the use and enjoyment of their private property. It matters not how little time it might have been or why. His obligation is to get his boat off their properties. But, after three days aground he decides to go ashore for rest. If I were the property owner, I would not assume for a second that Mr. Vause had not abandoned the boat.
Owning a boat requires great responsibility and not insignificantly, a financial one as well. If you cannot afford to get your boat towed or if you lack the requisite seamanship skills to kedge off someone else’s property, you have no business being on the water. You have no right to infringe on others.
Folks with lower incomes are certainly entitled to own boats if they can afford it. Unemployed and on welfare? I’d say that is prima facie evidence that you cannot. You are out boating on working taxpayers’ dime? And you want sympathy? Unbelievable.
I applaud the Government officers who will finally address this epidemic of those, who in the exercise of their boating freedom give little thought to the rights of anyone except themselves.
We took our first trip to Florida this winter, from St. Mary’s River to Key West and disgusted by the shear number of abandoned and derelict boats. There is nothing else like it on the east coast. While I don’t condone the overreaction of influential property owners, I can understand their outrage and it is people like Mr. Vause who do nothing to ameliorate it.
James, so sorry to hear of your plight. Yes, I believe you are correct. Boating in Florida waters is becoming a nightmare. I’m a boating snowbird and used to travel south in my boat in the winter to south Florida. Over the years. It became apparent I wasn’t wanted there. They wanted my money but not me and my boat. So I don’t go there anymore. There are other places to boat in winter. With Cuba opening up to boating, I think that will be a nice place to visit. Apparently, the state government doesn’t want us in Florida either, from what I’m reading. My solution would be to try to boat elsewhere. I have a good trawler that suits me fine. If I decide to sell it and buy another one, you can bet I will do neither in Florida! If they don’t want us there, then let’s spend our money elsewhere. Let’s buy and sell our boats where we use them. A boycott of Florida boat dealers and brokers might do more than anything else to address the boating situation in Florida. Good luck with the powers that be in Florida, but don’t expect too much compassion. They seem to be on a quest to stop boating in the state.
Respectfully,
Jerry
steal your boat back under cover of darkness and move it to another state. deny any knowledge of the matter and then sell the boat and get another out of state