Wally Moran’s Cruisers’ Rights Network of North America, see New Boaters Organization, has been focusing on local anchoring ordinances that are in conflict with state anchoring regulations. Most recently the work has been on Florida’s West Coast.

The Cruisers’ Rights Network of North America’s lawyer has today filed a Notice to Dismiss and a Notice of Constitutional Challenge on behalf of Robert Cox, of Gulfport, FL.

Mr. Cox was cited for illegally anchoring in City of Gulfport waters in March. The City’s ordinance is illegal under Florida Statute 327.60.

CRNNA founder Wally Moran was made aware of the situation in March and attempted to negotiate with City officials to discontinue such enforcement, to no avail. We provided them with information regarding the law, as well as put them in touch with FWC officials for guidance. Boat US also stepped in with a powerful letter to Gulfport’s mayor outlining the issues. 

Despite all of this, City officials continued to falsely claim, while knowing they were in the wrong, that it was within the City’s rights to continue such enforcement. 

With no other options available, CRNNA arranged for Jody Foster of Guy Yudin & Foster LLP, Stuart, FL, to represent Mr. Cox and defend him on this citation. Ms. Foster has previously successfully represented other individuals in similar illegal anchoring ordinance cases, including against Stuart and Miami Beach. In these cases, she not only prevailed, but secured financial compensation and legal fees for her client. 

In both cases, the cities also agreed to no longer enforce their illegal anchoring ordinances.

The issues with anchoring in Florida have been ongoing since at least the 1970s. It is CRNNA’s hope that this current legal action and constitutional challenge will serve to put Florida municipalities on notice that they do not have the right to either enact or enforce any anchoring ordinance against non-liveaboard vessels outside of a mooring field. It is the intent of CRNNA to notify every waterfront community in Florida that we will be vigilant in ensuring that boaters’ rights are not infringed, and that legal action will be taken if necessary to deal with such illegal enforcement.

To that end, CRNNA is currently discussing this issue with several west Florida municipalities as well as the Pinellas County Sheriff’s Department, to ensure that the law is properly understood and that enforcement of illegal ordinances is not occurring. We are pleased to report that these municipalities are listening, and that enforcement has ceased in these communities.

CRNNA recognizes that there are serious issues involving derelict boats and is soliciting its membership on ways to resolve issues surrounding the derelict boats issue in Florida. CRNNA’s members are boaters, many of them full time cruisers living aboard. They see these issues with derelicts play out every day in their anchorages, and CRNNA has already received a significant number of excellent suggestions from them. 

CRNNA will be presenting a submission on this issue for consideration by the involved parties, including the Florida Fish and Wildlife Commission, the State of Florida, and Boat US, and the appropriate committees of the Florida legislature, who will be looking at legislation around this contentious issue.

If you have questions regarding this current legal action, or about anchoring issues in Florida or elsewhere, please contact the CRNNA. Further information on CRNNA can be found at our website, www.CRNNA.com, and updates on current issues are available at our Facebook page, https://www.facebook.com/groups/savefloridasanchorages/

CRNNA invites your inquiries should you need further information.