Florida House 'at-risk vessel bill' passes committee, amendment withdrawn
Date Posted: April 14, 2015
Source: WG Staff

No-Name-Harbor.jpgUPDATE: A last-minute amendment which would have aligned House Bill 7123 (At-Risk Vessels) with the anchoring restrictions in Senate Bill 1548 was withdrawn after over a dozen cruisers and advocates spoke against it at a House State Affairs Committee hearing this morning. The bill passed without the amendment. See bill and substitute amendment. Watch video of hearing, starting at minute 47:25.

Posted March 24,2015: The Florida House of Representatives has introduced a new bill defining vessels "at risk" of becoming derelict. It does not mirror Senate Bill 1548 currently under consideration – a bill that would make anchoring illegal within 200 feet of public marine infrastructure and developed waterfront property. 

State Representative Holly Raschein has introduced House Bill 7123 (formerly PCB HWSS 15-06) titled "At Risk Vessels," does not include any anchoring restrictions for vessels that are neither considered "derelict" or at risk of becoming derelict. Rep. Raschein is Vice Chair of the Highway & Waterway Safety Subcommittee, and represents Monroe County and south Miami-Dade County.

This legislation would, if enacted, create a new section of code in Florida Statute 327 ("Vessel Safety") defining at-risk vessels as exhibiting any of the following characteristics:

(a) The vessel has compartments designed to be enclosed which are incapable of being sealed off or remain open to the elements for extended periods of time.

(b) The vessel has broken free or is in danger of breaking free from anchor.

(c) The vessel is listing due to water intrusion, has sunk or is partially sunken, or is left or stored aground in such a state that would prevent the vessel from getting underway.

(d) The vessel is taking on or has taken on water without an effective means of dewatering.

According to the bill, the occupant or registered owner of  an "at risk" vessel on Florida waters can be warned or fined:

  • First offense, $50.
  • Second offense occurring within 30 days after a prior conviction, $250.
  • Third offense occurring within 60 days after a prior conviction, $500.
  • Fourth or subsequent offense occurring within 90 days after a prior conviction, $1,000.

If the at-risk conditions are not corrected after 90 days, the vessel would be considered derelict. According to Florida Statute 823 ("Public Nuisance") it is unlawful for a person, firm, or corporation to store, leave, or abandon any derelict vessel in the state, and law enforcement can have the vessel relocated or removed, and any costs associated are recoverable against the vessel owner.

The legislation would take effect July 1, 2015.

See new editorial: New FL House Bill: Good news for cruisers, or too early to tell?

BoatUS has now issued a Media Alert on Senate Bill 1548 and a Media Alert on House Bill 7123.

Comment Submitted by Ben Fulton - April 17, 2015
I want to applaud State Representative Holly Raschein for creating a bill that addresses to the problem. Having shared FL anchorages for three winters with "at risk" vessels; I am just as concerned about these vessels as landowners. Thank you Representative Raschein.
Comment Submitted by Brian McMahon - March 29, 2015
This is the kind of legislation that restores my faith in government. It is actually addressing what we all consider to be problem (derelict boats), while not over-reaching to things that are not (like the anchoring setback). We have been underway now for several weeks heading to Florida and I can tell you from direct experience how difficult and potentially dangerous any anchoring setback rule would be to cruisers. For several days the wind and waves were really kicking on the GIWW. On two recent occasions the only reasonable place to anchor was in a protected harbor...lined with homes. We had safe and restful nights, the homeowners didn't seem to be bothered and we were on our way the next day. Seems like things generally work just fine when everyone is courteous and reasonable.
Comment Submitted by joe Campos - March 29, 2015
Great its about time the State is going to do something about these at risk "Junks" anchored that gives us Cruisers a bad name...
Comment Submitted by Joseph Donnaway - March 27, 2015
Excellent! I support this measure to rid the water of "at risk" vessels. We just returned from Clearwater to Bradenton, and shared anchorages with a number of such vessels.
Comment Submitted by Curt Van Loon - March 26, 2015
Wow. That's a good idea. People in government actually coming up with a realistic idea that helps solve a problem. WHAT a concept.
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