Fellow boaters - are you aware that Florida is attempting to ban all overnight anchoring in the state, and create up to 300 foot setoffs from residential properties, thus completely eliminating anchoring in Miami, Miami Beach and Fort Lauderdale? We need your support in fighting against these restrictive regulations and we need you to help us now. Please check out the following articles on the issue, and then send a letter of protest against these illegal restrictions to gary.klein@myfwc If you want a sample letter, Ive included one from a lawyer and cruiser that you can simply send, indicating that you agree with his points. Its the numbers game friends, and we need you to weigh in here. Check out the information at waterwayguide/waterway-updates/news/GEN/4259/Dozens-speak-out-at-Florida-anchoring-workshop?utm_source=iContact&utm_medium=email&utm_campaign=News-and-Navigation-Blasts&utm_content=CWU-9-4-2014-final and also at sailmagazine/cruising-news/reporting-live-anchoring-meetings-florida?destination=node%2F49437 Following is the letter from lawyer Jay Campbell. To: Captain Gary Klein, FWC myfwc/contact/fwc-staff/senior-staff/contact-commissioners From: John R. (Jay) Campbell, JD, Dear Captain Klein: I am a Florida Licensed Attorney, with over 25 years of practice in the State. I have owned many residential properties, including waterfront property in Tampa, as recently as 2013 when my wife and I moved full time on to our boat in Palmetto. We reside at a Marina, but often cruise Southwest Florida and Southeast Florida, anchoring as is prudent, dictated by weather, tide, travel schedules and the need to rest. I have read and completely oppose the proposed FWC restrictions on anchoring in concept 2 related to establishing setbacks from residential property. These proposals seem designed to benefit only a few wealthy landowners at the expense of the publics right to use and enjoy these waters, as established by the federal public trust. The proposals do NOT set forth any concerns or problems the proposals are designed to address, nor do they note any review done by the FWC to ensure the setbacks are a reasonable response to any such problems. Therefore, the proposed setbacks are not reasonable encroachment of the public rights, and are illegal. Regarding the set back proposals, I note the following in support of all boaters, and voters, who also oppose these proposed restrictions: 1. Where are the studies FWC has done or reviewed to support the proposed 150 or 300 anchoring set backs? 2. Where are the concerns, set out in writing, that FWC is attempting to address with these setbacks? 3. Where are the legal opinions that these proposed setbacks are lawful, and not an illegal encroachment on the federal regulation of waterways as a public trust? 4. If the concern is derelict boats, or stored boats, why doesnt the proposal state so, and tailor a proposal to this more narrow concern, rather than prohibit EVERY boat from anchoring? 5. If the concern is the potential discharge of sewage, why doesnt the proposal state so, and tailor a proposal to this more narrow concern, rather than prohibit EVERY boat from anchoring? 6. If the concern is a reasonable amount of unencumbered room for landowners to use near their docks and access channels, why doesnt the proposal state so, and tailor a proposal to this more narrow concern (for example, using a common standard of 1 1/2 times boat length from the protected structure) rather than prohibit EVERY boat from anchoring? 7. Regarding the proposal to return regulation, in part, back to small local governments, why does this proposal suggest that FWC should administer a program which will allow every municipality to apply for and create its own anchoring rules, thereby turning Florida into a patchwork quilt of regulations without a sound basis, or statewide enforcement? The proposals seem to be unlawful, poorly thought out, against the interest of Florida citizens who are boaters, against the interests of Florida businesses which cater to boaters, and in support of ONLY a few wealthy landowners, represented by legislators who control the FWC funding. This is not how laws and regulations should be developed and implemented to support the public interest. - Jay Campbell, JD
Posted on: Sun, 07 Sep 2014 18:32:10 +0000