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    • Still More on Florida’s Restrictive Anchoring Legislation

      Anchoring restrictions imposed by Florida’s legislators have been increasing for years with legislators pressured by wealthy landowners to remove all visiting vessels. See Restrictive Anchoring Legislation by Jim Healy . Our thanks to Fred Ruggiero for this report.
       
      My Name is Fred Ruggiero Jr. and I am a member of the Bradenton Yacht Club, Fl., FCYC, (Florida Council of Yacht Clubs).
       
      Florida’s proposed bill, HB 639, while containing valuable boating safety legislation, contains in 327.4108, restrictions/limitations on anchoring.

      While this issue is framed as a derelict vessel issue, as is often the case, the regulations, laws, and statutes needed for identifying and removing derelict and at-risk derelict vessels are in place. Florida’s FWC and Florida law enforcement agencies have the legal authority and ability to identify and regulate derelict and at-risk derelict vessels in the Florida statutes through chapters 327 and 328. In fact, Florida statues even provide for a Rapid Derelict Vessel Removal process. In addition, Florida statutes clearly gives FWC and Florida law enforcement agencies the regulatory authority to inspect the compliance for a vessel’s sanitation disposal.

      We have all seen municipalities that illegally “create” their own ordinance in order to maintain their “slice of heaven”. Gulf Port, Fl, St. Petersburg, Fl, Ft, Myers, Fl…

      What do you suppose will occur, when Florida municipalities believe that they now have the authority to regulate anchoring in Florida waters?

      Had there been a real effort behind reinstating/continuing Florida’s mooring field program, I believe that the mooring field test program would have greatly reduced the derelict and at-risk derelict vessel issue. The remaining favoritism with anchoring restriction/limitations is nothing short of a “Vista protection act for waterfront landowners”.

      If these proposed bills that restrict/limit anchoring pass, there is absolutely no assurance that the ability to anchor will be fair and equitable and that the PUBLIC TRUST DOCTRINE survive.

      Your support would be greatly appreciated!

      All the best

      Fred Ruggiero Jr

       
       
       
       

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