A very interesting discussion has been taking place this week on the American Great Loop Cruisers’ Association (http://www.greatloop.org/) about the requirements for legally operating a dinghy in the Sunshine State. This is useful reading for all who cruise in Floridian waters.
Incidentally, the entire Salty Southeast Cruisers’ Net bunch continues to highly recommend membership in the American Great Loop Cruisers’ Association. What a GREAT bunch of fellow cruisers!

Our boat the “Ariverderci” she made it to Fort Myers beach from MN in Dec of 2012.
We will be getting back to her in Feb to continue on out Great loop Adventure.
We are having dinghy and davits attached to our swim deck while we are away. We did not really need one on the way down beacuse tieds were not a problem. We simply beached the boat and have done this for years.
Well that has changed. A dinghy should be a lot of fun put we sure do not want to break any laws while using it.
Can any one tell us if we need navigation lights on a motorized dinghy under 9′ long. I can’t find anything that say I do, but I want to be safe.
Also under Florida boating regs we found a web site that said boats under 16′ needed 3 Visual distress signals approved for night time use. Can some-one name 3 for me? Hand held VHF radio? Flash light? I don’t know if they qualify and that’s only two.
We will be looking for your ideas and suggestions on lights and visual distress signals for boats under 16′
Ariverderci

Under 16′ – For lighting, you only need one all-around light when operating sunset to sunrise, or in restricted visibility. For distress signals, nothing is required unless you are on coastal (not inland) waters
See this link:
http://myfwc.com/boating/safety-education/boat-safety-equipment/vessels-under-16-feet/
Don’t forget to register your dinghy with proper state, probably the same state as your primary boat.
Ron & Jan Matuska

Do not confuse the requirements for a NON-POWERED vessel with those of a vessel that is powered. Powered vessels REQUIRE navigation lights after dark. Non-powered vessels DO NOT (except for a lantern, flashlight, etc). A dinghy is a vessel!! Get out your navigation rules, dust them off and look throught them. Don’t stop reading when you find the answer you want, read the whole section, the rule may change when applied to your situation. Remember, Federal Laws can trump local laws.
Distress signals are described in the Navigation Rule book. Specifically, rule 37. Additionally look at annex IV to the Nav rules, you will find 15 or more. For lights, look at rule 23 and 25 and make sure you follow either international or inland rules as appropriate.
Larry Kreissler

I am a Coast Guard Auxiliary Vessel Inspector and would refer you to a few web pages for your information.
The first one is http://www.boat-ed.com/abc/instructors/. This website allows you to look at the different states and their laws. As there are surprising differences between states, you need to be aware of and comply
with different state laws as you proceed around the loop. This company is the publisher of the various state law books that are distributed by the states. Printed copies of these books are available from your nearest Coast Guard Auxiliary or US Power Squadron who also conduct Vessel Safety Checks.
I would strongly urge you to get a FREE Vessel Safety Check. Each examiner is qualified to perform the inspection and will issue you a decal if your vessel passes the exam. Some insurance companies might give you a discount on your insurance for passing the exam – check with them. To schedule a Vessel Safety Check with the Coast Guard Auxiliary, just go to http://www.cgaux.org/ and click on “Vessel Safety Check” in the left hand column. Here you will find a “virtual VSC” so you can make sure you have
all the required equipment. Once you have done this, you can schedule a VSC with a local examiner through this website. For the US Power Squadron, go to http://www.usps.org/ and follow a similar procedure. While passing the exam and display of the decal is not a get out of jail free card, you may still be boarded by the Coast Guard or local law enforcement to conduct a safety check as this is their probable cause for stopping you. If they are doing random boardings and see the decal, they may decide to bypass you and move on to someone who is not displaying the decal.
Different states will have their own web sites, so please also refer to those for hopefully, the most up to date information.
Visual Distress Signal carriage requirements depend on the body of water you
operate on and whether you operate only during daylight, or potentially could operate at night or in limited visibility conditions. Because of the wide variety of time of day, conditions, and locations where you may use
your dingy, I would equip it to the highest standard – coastal and night operations. This is completely different than daylight only – inland. Personally, I carry the Orion Skyblazer handheld flares in a pocket on my life jacket while aboard my dingy. They meet day and night requirements, coastal and inland requirements, are relatively cheap, and are very compact.
I have no pecuniary interest in making this recommendation – only one of a satisfied customer. Various localities may have additional requirements or restrictions. An example of this is the Corps of Engineers lakes in Georgia.
They discourage the use of the pistol type pyrotechnic launchers (notice I did not say guns) as they launch a flare high enough and with enough range that it could come down on shore and potentially start a forest fire. I
also have a B-1 fire extinguisher, a Danforth style anchor (made for PWC) and a screw type beach anchor along with 50 feet of anchor line, and a couple of dock lines.
Navigation lighting requirements are Federal and will apply to you regardless of your location. Various states may have additional requirements. On my dingy, I have removable navigation lights with bases that are glued to the tube on the bow, and glued and bolted to the top of the engine at the stern. While the anchors and anchor line are not part of the legally required equipment, it certainly makes my dingy more useful and safer. It is not difficult or expensive to make your dingy compliant and legally usable in all locations under all conditions.
Even if all of this was not required by various state and federal laws, you want to see and be seen, hear and be heard. This makes you safer on the water and greatly decreases the chances that you will have an accident.
Thanks for asking the question as I am sure there are others who will read this and take appropriate action to make their Loop safer and to be legal wherever they go.
Dave & Nan Ellen Fuller

As Dave pointed out, powered vessels REQUIRE navigation lights after dark. And like Dave, I too have removable navigation lights with bases that are glued to the tube on the bow, and bolted to the top of the engine at the stern.
Also, be sure to have on board a life jacket for each person on board. An inflatable vest in a pouch worn on the waist is a convenient choice. And a whistle or other audible device is needed too. And a daytime distress signal too. An anchor can save you from having a current sweep your dinghy into harms way, should your outboard conk out ‘” although it’s not required.
USCG and water cops with time on their hands find dinghies easy prey for these violations. And in some places you’re more likely to be cited after sunset.
Nighttime dingy transits in busy, confined areas like Key West can be rather dangerous if a dingy does not display the proper navigation lights. The on shore lights and other vessels hamper visibility, increasing the possibility that a dinghy can be run over by a larger vessel.
Len

The Fullers state that, `I have removable navigation lights with bases that are glued to the tube on the bow, and glued and bolted to the top of the engine at the stern.’ I see many all-round anchor/range lights on top of outboards which are clearly in violation of COLREGS. If that light cannot be seen all around, over the heads of passengers or the boat’s superstructure, it is illegal and unsafe.
Capt. Jim Acheson

As Dave pointed out, powered vessels REQUIRE navigation lights after dark. And like Dave, I too have removable navigation lights with bases that are glued to the tube on the bow, and bolted to the top of the engine at the stern.

Also, be sure to have on board a life jacket for each person on board. An inflatable vest in a pouch worn on the waist is a convenient choice. And a whistle or other audible device is needed too. And a daytime distress signal too. An anchor can save you from having a current sweep your dinghy into harms way, should your outboard conk out ‘” although it’s not required.

USCG and water cops with time on their hands find dinghies easy prey for these violations. And in some places you’re more likely to be cited after sunset.

Nighttime dingy transits in busy, confined areas like Key West can be rather dangerous if a dingy does not display the proper navigation lights. The on shore lights and other vessels hamper visibility, increasing the possibility that a dinghy can be run over by a larger vessel.
Len

(Editor’s Note as of 1/23/13 – Two of the prinipal questions posed in the article below have been answered in a later published posting here on the SSECN. See /?p=106014. We are leaving this older article in place for awhile, as it contains additional information, particularly in regards to “antique” Florida boat registration).

Recently, we published yet another discussion of the Florida Sojourners Permit here on the Salty Southeast Cruisers’ Net (see /?p=104513). As part of our introductory remarks, one of the reasons we cited for obtaining such a permit was:

“1. If your vessel is registered in another state besides Florida, you can operate in Floridian water for up to 90 days without a problem. HOWEVER, if your vessel is Federally Documented, and NOT ALSO state registered, you MUST register it with the state of Florida, or you may be ticketed immediately upon entering Floridian waters. Or, put another way, Federally Documented vessels MUST ALSO be state registered (either with Florida or another state), or you face the possibility of a ticket.
By the way, it’s this onerous feature of Florida state law that used to allow the “Venice Water Nazi” to ticket boats coming and going in the city of Venice.”

Well, a new wrinkle has surfaced since we published this report, which originally appeared on the SailBoatOwners.com forum. One of this list’s enterprising members unearthed the Florida statute that controls this situation, and here it is:

328.58’ƒReciprocity of nonresident or alien vessels.’”The owner of any vessel already covered by a registration number in full force and effect which has been awarded by:
(1)’ƒAnother state pursuant to a federally approved numbering system of another state;
(2)’ƒThe United States Coast Guard in a state without a federally approved numbering system; or
(3)’ƒThe United States Coast Guard for a federally documented vessel with a valid registration in full force and effect from another state,
shall record the number with the Department of Highway Safety and Motor Vehicles prior to operating, using, or storing the vessel on the waters of this state in excess of the 90-day reciprocity period provided for in this chapter. Such recordation shall be pursuant to the procedure required for the award of an original registration number, except that no additional or substitute registration number shall be issued if the vessel owner maintains the previously awarded registration number in full force and effect.
History.’”s. 1, ch. 59-399; s. 1, ch. 65-361; s. 6, ch. 84-184; s. 57, ch. 96-413; s. 16, ch. 99-289; s. 25, ch. 2009-86.
Note.’”Former s. 371.081; s. 327.16.

Now, IF YOU READ THIS CAREFULLY, it would appear that if you have a Federally documented vessel, and IF your vessel’s home port is in a state that refuses to state register Federally documented vessels, your vessel is excused from the requirement of having to have some sort of state registration while navigating in Floridian waters.

It is a fact that certain states do indeed refuse to state register Federally documented vessels. The state of Maine is an example.

So, consider this message which first called our attention to this possible exception:

I repeated your information about not having a state registration for a documented vessel being a ticketable offence in Florida on my blog and got shot down. You should check this post which has the cite:

http://forums.sbo.sailboatowners.com/showthread.php?t=148671&#post990299

The specific wording is:
328.58’ƒReciprocity of nonresident or alien vessels.—The owner of any vessel already covered by a registration number in full force and effect which has been awarded by:
(1)’ƒAnother state pursuant to a federally approved numbering system of another state;
(2)’ƒThe United States Coast Guard in a state without a federally approved numbering system; or
Italics added.

I know this doesn’t mean that know nothing jackboots aren’t issuing tickets in ignorance of their own laws but it does mean cruisers with documented vessel have a leg to stand on if they are from a state like Maine.
I still wouldn’t take this as absolute gospel without a lawyer. For example, Maine does have a number system for non-documented vessels and I assume it it federally approved. The state does not have registration for documented vessels other than local excise tax and a decal. I’ll bet you could spend five figures arguing this in court in FL if you decided to contest a ticket.
It’s getting so you can’t cruise intra-state without a lawyer on retainer.
Roger Long
S/V Strider

So, what does all this mean? If you have a Federally documented vessel, whose home port is located in a state that does not allow state registration of said vessel, does that indeed mean you can legally operate in Florida waters for up to 90 days WITHOUT your vessel being registered in any state???? Quite frankly, we do NOT yet have a definitive answer to that, but we are working on it!

Any of you out there who are attorneys, particularly if you practice in Florida, we would WELCOME your input!!! Please follow the “Click Here to Submit Cruising News” link on the upper right of this, and all (except Chart View) SSECN pages, and share your information.

One final point, even if this is a correct interpretation of Florida state law, that does not mean that some on-the-water “county mountie” who barely knows that the bow is the pointy end of the boat, may not write you a ticket anyway if your vessel is not state registered.

As noted above, we’ll keep working on this thorny “only in Florida” problem!

And, just in case you didn’t think this is a MURKY issue, we received these thoughts from fellow nautical author, and long time Florida cruiser, Captain John Kettlewell:

Claiborne:
Florida has always interpreted this as requiring your boat to have a “registration” in some state, whether or not it is “documented.” In 328.58 the sentence labeled (2) refers to the practice in the past that the Coast Guard provided state registration numbers and services in a couple of states that had no state registration program. I am not certain if any states still do not have a “registration” program, but it used to be this way in New Hampshire and Alaska, for example. The sentence labeled (3) is the one that pertains to most documented boats, and states clearly that even if you have CG documentation you must have a state registration to operated in Florida. The Venice “water Nazi” used to be quite explicit about these when he ticketed someone. The confusion comes because the terms “registration” and “documentation” mean different things.
John J. Kettlewell

Meanwhile, here is some seemingly contradictory info from Captain Ted Guy, maritime lawyer in Stuart, Florida, and past president of the Treasure Coast Marine Industries Association:

For LESS than 90 days, no Documented vessel requires paying Florida tax or “registration”.
W.E. Ted Guy, Jr.

Ted, my understanding has been that law enforcement understands the law to mean even a documented vessel must have a state registration from some state to operate on Florida waters for those 90 days, even if your home state does not require you to register a documented vessel.
John Kettlewell

Are there any vessels that are `grandfathered’ from this regulation? For instance, a documented 1965 vessel that has been in Florida since 1970 and continuously operated in Florida waters.
sv Karen from Chicago

Karen, there is no `grandfathering,’ but if your boat is 30 years old it qualifies as an antique vessel and it is very cheap to register it in Florida’“something like $5 per year in most counties. Here is a link to information on that: http://www.flhsmv.gov/dmv/forms/BTR/87243.pdf
John Kettlewell

Here is a VERY GOOD question. Anyone got an answer?

Would someone please define `90-day period’.

Is it 90 consecutive days?
Is it 90 days in a calendar year (1/1 ‘“ 12/31)?
Is it 90 days in a 365 day period?
Is it 90 days, period.
Jeff Graham

Now, here’s a really GOOD idea. We’ll get right on it!

Claiborne,
Perhaps you, or Larry, could write on SEECN letterhead to the Florida Attorney General and ask for a legal `opinion’ that applies to USCG Documented Vessels from states that do not register vessels. I know in NY an Attorney General’s `opinion’ carries the force of law in any NYS court of competent jurisdiction. It would be `enlightening’ to see what Pam Bondi has to say about this, and her opinion would bind courts and future administrations in the absence of intervening legislative action. The request must be rather specifically worded. Perhaps Ted Guy could help craft it.
Whatdya think?
Jim

Another twist. I live in a state which requires surrender of federal documentation if you wish to register a federally documented vessel in that state. However, they did not require me to surrender mine when I registered my boat. Therefore I have a current state registration and a current federal documentation. I guess I get to pay double in Florida?!
Reggie

Claiborne answers – No, Reggie, I think you are OK. If your vessel is state registered in any state, then you are compliant with Florida state law, at least for stays less than 90 days! A stay of more than 90 days means you will have to acquire a Sojourners Permit!

Reggie,
Could it be that you’d surrender your USCG COD (a US Government Certificate of Title) if you wanted to `TITLE’ it in your home state? Titling and registration are *not* the same thing, legally, although they are often done together, and some states will process them together. This is a case where boats are very different from cars, and the automobile model does *not* apply to boats. You can not `Title’ a car with any US government agency, such as we do with the Coast Guard for boats. Because of a quirk in that process, I actually wound up with both a State of Maryland Certificate of Title and a USCG COD for Sanctuary.
Jim Healy, aboard Sanctuary

I printed out and read through the antique exception. If I understand it correctly, the vessel must first be registered in Florida, and then the registratio can be changed to antique.
Reggie