(EDITORIAL)
The Florida anchoring rights battle is heating up. While the State Senate considers the anchoring restrictions bill introduced a couple weeks ago, a House bill will surely follow in its wake. If new laws are passed during this year's 60-day Florida legislative session, ending in early May, we can expect new anchoring restrictiions starting this summer.
Senate Bill 1458 – titled “An Act Related to Vessel Safety” – attempts to remedy a number of true safety issues, attributed usually to derelict liveaboard and unattended vessels: Fuel and oil leaks, dumping of waste, sinking, and unmaintained ground tackle or mooring. However, the bill also includes new restrictions on anchoring within 200 feet of any public boat ramp, hoist, marine railway, marked boundary of a permitted mooring field, or other public launching or landing facility – an arbitrary distance which might reasonably apply to a few, large, busy facilities, but excessive for those that do not need such a large buffer for safe operation. But the most troubling provision of the bill would prohibit the “anchoring of a vessel within 200 feet of the shoreline of a developed waterfront property between the times of one hour past sunset and one hour before sunrise…”
The Seven Seas Cruising Association (SSCA) updates the progress and history of the legislation:
Since the Senate Bill was introduced, a House Waterways Subcommittee has been considering the creation of a “committee bill” that would embody the provisions of the Senate Bill, including both setback provisions. Lobbyists from South Florida have been aggressively pursuing new, restrictive anchoring legislation since the end of the 2014 session, when last-minute amendments introduced to a related bill narrowly lost. The new legislation seems to have momentum with a strong probably of passage this session with many supporters already lined up. Some traditional marine-related associations, who would naturally join with SSCA and BoatUS to oppose the residential property setback provision, have not yet stepped up in opposition – SSCA and BoatUS have been opposing this mostly on their own.
On March 10, SSCA retained additional governmental affairs and lobbying support from the firm of Capitol Access in Tallahassee, Florida, which specialized in topics related to the environment, agriculture, waterways, submerged land leases, coastal regulations, and infrastructure projects. Its president, Jerry Paul – a life-long boater and cruiser – offered to represent SSCA and cruisers in general. Jerry is an attorney, a marine engineer, a graduate of Maine Maritime Academy, and a former elected member of the Florida House of Representatives representing the coastal portions of Sarasota, Charlotte, and Lee Counties – He has 24 years of experience in Tallahassee politics. According to Jerry, many of the members of the current Florida Legislature are former colleagues.
Since joining the cause with SSCA, Jerry and his team have conducted an “all-hands-on-deck” approach with a comprehensive host of one-on-one meetings with every key member of Senate and House leadership, committee chairs, committee members, committee staff, and member staff. His team has compiled a package of communications materials, photos, facts, data, statistics and articles highlighting the facts in the field that affect the interests of cruisers and boaters who enjoy anchorages throughout coastal Florida.
"The dwelling unit set-back provision is an orphan” which does not fit in a bill titled ‘an act related to vessel safety,’ according to Jerry. He has a message to any organizations resigned to the passage of these new restrictions, with a hope that they get on board: “This provision does not have to pass. We reject that conclusion. We oppose that notion. That set-back cannot become law. We can win this. We can beat this provision if we all stick together.”
His team has been showing committee staff that the crusing community supports measures that are reasonably connected with safety, but strongly opposes proposed bans founded upon interests that are not related to safety. Jerry’s team has pointed out that some of the politics driving this proposed anchoring ban originates from anecdotal examples – isolated disputes between waterfront home occupants and occupants of anchored vessels resulting in high-profile, publicized, conflicts between individuals. The team has been showing legislators that these isolated disputes do not justify a sweeping, statewide law which would affect the rights and freedoms enjoyed by hundreds of thousands of boaters throughout the maritime waters of coastal Florida. According to Jerry, "These disputes should be resolved on a case-by-case basis through proceedings available in the judicial branch which, unlike the legislative branch, is specifically structured for such resolution."
Capitol Access also points out that the orphan provision – no overnight anchoring within 200 feet from the shoreline of all condominiums and houses – could eliminate many existing anchorages available to the more than 1 million vessels that visit Florida annually. Legislators are being shown that cruisers generate a considerable amount of economic activity in the state, creating tax revenue through businesses who serve them. For policymakers to accurately deliberate these topics, they would need to know how any proposed legislation could affect boating tourism, marine businesses, and tax revenue in order to balance the aesthetic interests of a few waterfront property owners with the interests of all Floridians. No geographical analysis has yet been made to identify, count and list each anchorage that would be affected throughout coastal Florida statewide.
"The proponents of this ban rely upon an unscientific survey (conducted by the Florida Wildlife Conservation Commission – FWC) which concluded that many people support some version of such a setback, but the respondents to this poll were not provided with necessary information disclosing the consequences...including the number of anchorages that would be eliminated by each optional setback distance," according to Capitol Access, adding that this ban should not be considered by State Legislators until they know how this "proposed new layer of governmental regulation" might affect Florida small businesses that rely on the economic activities of cruisers who anchor.
Thanks to Jerry and Capitol Access, SSCA, BoatUS, and Floridians who have contacted their representatives, progress is being made. "Eyes are being opened. Legislative members are being won over. They are swinging our way. We are developing strong legislator champions positioned in the right posts to help defend our freedom and stop this legislation. But, we are only 14 days into a 60-day legislative session. Our opponents have recognized our recent progress. They will regroup and push back." Jerry points out that no bill has yet been scheduled for committee hearings (although that is expected to occur soon). Stay tuned – at that time, there will be a need for some members of the cruising community to attend committee hearings in Tallahassee to provide testimony.
If you are a Florida resident and would like to help, the SSCA trifold will help you contact your representatives.
See related WaterwayGuide.com Cruising News articles: