Florida has a lot of coastline, filled with busy ports and a thriving marine recreation industry. Our state has many maritime laws and regulations, many of which apply to specific locations and circumstances or are governed by specific legislative bodies — whether local, state, national, or international. Each law and regulation is designed to keep people and vessels safe, protect marine ecosystems, and regulate both commercial and recreational activities on the water.
Maritime law is very complicated, and understanding it is important for vessel operators and all maritime professionals to ensure compliance and safety while avoiding potential legal issues. When an incident arises, it’s essential to work with legal professionals experienced in maritime law. Working with an attorney who isn’t familiar with this specific and complex legislative corpus can lead to missed opportunities and sub-optimal outcomes.
Take a look at this brief overview of a highly complex and dynamic area of law.
Jurisdictional Framework
The jurisdictional framework of Florida maritime laws can be summed up in one word: complicated. Navigating the legal landscape, much like navigating the waters the laws apply to, requires a thorough understanding of the framework. Things that are fairly straightforward on land, like the division between federal and state authority, aren’t so simple on the water and include additional complications stemming from international areas of governance. Even working on a seemingly simple local case requires a working understanding of federal and state laws and regulations.
This section will dig into the intersection of federal and state jurisdictions, outline how it’s determined which umbrella a situation falls under, and touch on the international implications of our state’s maritime laws.
Federal vs. State Maritime Jurisdiction
Maritime law is also known as admiralty law, and it’s mostly governed by federal statutes and international treaties. That said, states like Florida, which have a robust maritime economy, also have specific regulations that address the unique elements of this state. These laws are designed to work alongside federal and international regulations. Trying to understand the distinction between federal and state regulations can be complicated in Florida, and a lot of it really depends on the location and the specific type of maritime activity you are engaging in. Federal jurisdiction is most often applicable in navigable waters that are used for either national or international industry, while state jurisdiction is often applied to non-commercially navigable waters or activities that don’t leave the state boundaries, like recreational boating.
International Implications on Florida’s Maritime Laws
Florida is a key state in the cruise industry and countless other maritime commercial industries like shipping, so even in-state operations often must account for international maritime laws and conventions. Regulations from the International Maritime Organization and treaties such as the United Nations Convention of the Law of the Sea are highly relevant and either directly tie into local laws or were instrumental in writing the laws, especially those that apply to environmental protection, safety standards, and shipping guidelines.
With legal issues involving cruise ships, there can be a lot of confusion about whether state and federal laws apply or whether the situation falls under international law, and oftentimes, the situation is a complex blend of “all of the above.” Cruise companies leverage this complexity as an additional insulator against victims who may have legal recourse following an injury on a cruise, but this is just another reason why it’s so important to work with an experienced attorney for any maritime-related legal issue.
Key Regulatory Bodies
There are a number of key regulatory bodies that oversee and enforce maritime activities in Florida. These bodies make sure that maritime law is upheld, safety standards are met, and environmental protections are respected and adhered to. Federal entities like the United States Coast Guard, as well as local chapters of state organizations like the Florida Fish and Wildlife Conservation Commission and the Florida Department of Environmental Protection, each play an instrumental role in a widely coordinated effort to protect individuals and maintain order.
The following section will give you a general overview of a few of the most important regulatory bodies, although it’s important to recognize that there are many other regulatory bodies, commissions, and organizations that each contribute to the regulatory landscape and ensure that the relevant laws are current and effective.
United States Coast Guard (USCG)
The United States Coast Guard is the primary enforcement agency when it comes to maritime law. In Florida, the Coast Guard is responsible for a lot of different activities and key elements of maritime activities, including vessel inspections, drug enforcement, search and rescue missions, and environmental protection.
As a branch of the Armed Forces, the Coast Guard is well-funded and resourced to address the many responsibilities that fall under its scope. Coast Guard sailors are well-trained and highly professional, and their work is instrumental in keeping our waterways safe.
Florida Fish and Wildlife Conservation Commission (FWC)
The Florida Fish and Wildlife Conservation Commission, more often referred to as the FWC, is charged with managing and protecting Florida’s fish and wildlife resources by regulating fishing, enforcing recreational boating safety laws, and managing a multitude of conservation programs in the state. The FWC is a key player in the effort to keep our state’s marine ecosystems healthy, ensuring that recreational boating is safe and keeping our robust natural resources accessible to all.
Florida Department of Environmental Protection (DEP)
The Florida Department of Environmental Protection is, as the name suggests, in charge of protecting Florida’s natural resources, which includes it’s many waterways. The DEP operates our many state parks, enforces environmental laws, and issues permits for activities that impact the environment.
The DEP and FWC have a lot of overlap in their goals, which is true for all of the relevant regulatory bodies that work to keep our waterways safe and healthy for the enjoyment of all. The DEP, specifically, focuses on preventing pollution, regulating coastal development, and preserving the unique marine habitats that make Florida so unique.
Vessel Registration and Documentation
Each motorized vessel, including personal watercraft (PWC) like JetSkis, must be registered like any other vehicle. This is handled by the Florida Department of Highway Safety and Motor Vehicles (FLHSMV). To get properly registered you’ll need proof of ownership, registration fees, and a valid title. With all of this in order, you can then register your craft to ensure that you are legally allowed to operate on the water, insure your vehicle, and ultimately identify it in the event of an accident or theft.
If you sell your vessel or want to transfer ownership for any other reason, you’ll need to fill out the transfer section on the back of your title and submit it to the FLHSMV. Once you’ve taken this step, the new owner will need to apply for a new title and registration using all of the required documentation. If you sell to an out-of-state buyer, you should hold onto a copy of the completed title transfer to make sure that you don’t encounter any issues that could hold you liable for the vessel due to miscommunications between states’ licensing and titling agencies.
If you are operating an out-of-state vessel in Florida waters for more than 90 consecutive days, then you’ll need to register the vessel in Florida. Foreign vessels must also comply with Florida regulations if they are operated in Florida waters for an extended time. If you are an owner or operator of a foreign boat, it’s a good idea to contact the FLHSMV or consult with a maritime attorney to make sure that you are in compliance and avoid any issues.
Penalties for Registration and Documentation Violations
If you are not in compliance with the registration or documentation regulations in Florida, you may run into some penalties — either fines or possibly having the vehicle impounded until you remedy the situation. Both the FWC and USCG actively patrol state waters to enforce licensing and registration laws.
Safety Regulations
Maritime operations are central to our global economy, but it can be dangerous and unpredictable. The state and federal governments, as well as a number of international regulatory bodies, have implemented and continuously expound upon strict safety regulations designed to protect boaters as well as the marine environment they operate in. The US Coast Guard and Florida Fish and Wildlife Conservation Commission are just two of the many agencies tasked with enforcing safety adherence. When everyone is clear on the regulations and following the protocols, getting out on the water becomes safer and more enjoyable for everyone by reducing the risk of accidents, injuries, and deaths.
Here are just a few of the many different safety regulations that play a key role in keeping Florida’s waterways safe for all.
Required Safety Equipment
All vessels are required to have specific safety equipment on board, and the requirements will vary depending on the type of vessel, number of passengers, and more. These include life jackets (Personal Flotation Devices, or PFDs), and boats over 16 feet also need to have a throwable floatation device. Life jackets must be stowed in a way that makes them accessible, and they all must be the right size for the intended wearer. If there are children on your vessel, make sure that you have the right size available for them.
Other safety equipment includes fire extinguishers, distress signals, air horns, and navigation lights.
Boating Under the Influence
The legal blood alcohol concentration for adults (over the age of 21) is 0.08%, the same as driving a motor vehicle. Violating these laws can lead to fines, arrest, mandatory courses, and losing your privilege to boat. Both the USCG and FWC do regular patrols and sobriety checkpoints to make sure that people are staying safe on the water when it comes to alcohol and other drugs.
Speed Limits
There are a number of speed restrictions, including in manatee protection zones, no-wake zones, and minimum wake zones. Violating these limits can lead to a number of penalties, including fines, license suspensions, and more. Know the limits in the waterways you plan to operate in to avoid problems.
Other Regulations
There are many other regulations you’ll need to consider when it comes to boating in Florida, including:
- Boater Education and Licensing
- Accident reporting
- Anchoring and mooring regulations
It’s your responsibility as a boater to know the regulations and make sure you are complying with them to keep yourself, your passengers, and everyone else on the water safe from avoidable hazards.
Commercial Fishing Laws
Florida’s marine environments are vibrant and unique, and play a key role in what makes this state unique. The commercial fishing industry relies on the health of these environments through strict monitoring and regulatory efforts that strike a healthy balance between economic success and long-term ecological sustainability. The laws and regulations that govern commercial fisheries in our waters account for the many complexities of these needs. Here is a brief rundown of some of the key aspects of the commercial fishing laws in Florida.
Licensing Requirements
In order to operate as a commercial fisherman in Florida, there are a number of licenses and permits necessary, many of which depend on the type of species and the volume of fish being targeted. The most common commercial licenses are:
- Saltwater Products License (SLP): This is required for anyone who will be harvesting marine species commercially, whether shellfish, finfish, or anything else. From here, a number of endorsements and specific permits are required.
- Endorsements, including:
- Spiny Lobsters
- Stone Crabs
- And more
- Restricted Species Endorsement: This endorsement goes beyond the basic endorsements mentioned above and applies to species that are restricted due to how ecologically or economically important they are. These include species like barracuda and grouper.
Limits and Quotas
Most all species have limits and quotas to ensure sustainable harvesting and a healthy stock for future populations. There are daily bag limits (the amount allowed to be harvested each day), total allowable catch (the limit within a specific timeframe, often seasonal), and size limits that set the minimum size (and sometimes maximums with a slot limit) allowed to be harvested in order to allow fish to reach reproductive maturity.
Seasons
Seasons run in set times to allow for reproductive periods to take place without interference.
Gear Restrictions
There are lots of specific regulations on which types of gear are able to be used, when they can be used, and to what extent. Certain types of gear, like nets, require certain additional endorsements or licenses in order to be used.
Recreational Boating Laws
Florida also has many recreational boating laws that cover a wide range of areas. Florida is a premier destination for recreational watersports, and the state uses it’s comprehensive laws and regulations to provide clear guidelines on safe and responsible boating. It’s essential that recreational boaters are clear on these laws and regulations to stay compliant while also ensuring that they are doing their part to keep everyone around them safe, as well.
Boater Education
Boater education is required for everyone born on or after January 1, 1988, to complete a NASBLA (National Association of State Boating Law Administrators) approved course in order to legally operate a vessel with 10 or more horsepower. After successfully completing the course, boaters are awarded a Boating Safety Education ID, which must be carried like a driver’s license while operating the vessel. There are certain cases where someone may be granted a temporary certificate so they can operate a vessel in a narrow timeframe without needing to complete the full course.
Water Sports Regulations
Activities like water skiing, wakeboarding, and tubing are all very popular in Florida, and when done safely are fun for an entire family. There are strict rules that all must follow, such as having a dedicated observer on board that is at least 12 years old, wearing approved life jackets, using a tow rope at least 75′ long, and only engaging in these water sports between daylight hours.
Other Laws
There are many other recreational laws that have been mentioned in this blog that apply to recreational boating, and many more not mentioned. To fully understand this, take a NASBLA course and get on the water!
Liability and Insurance
As you may have gathered, there are a lot of responsibilities that come with operating a marine vessel in Florida — and that includes meeting liability and insurance requirements to protect yourself, passengers, and others from financial losses in the event of an accident. The actual liability and insurance laws are complicated, but here’s a brief rundown:
- Boat owners and operators are liable for bodily injury, property damage, environmental damage, and negligence in the event of an accident or injury caused by their vessel.
- Boat insurance is not mandatory in Florida, but highly recommended, as the owner is liable for a variety of different financial problems in the event of an accident.
- The insurance premium you will pay depends on a number of factors, like the type and size of your vessel, the way you plan to use it, the safety equipment on board (as well as your training), and the coverage limits and deductibles you choose.
- It’s important to make sure you have adequate coverage to protect yourself both legally and financially in the event of an accident.
Cruise Ship Regulations
Florida is one of the busiest hubs for cruising on earth, so understandably there are complex and strict regulations applied to the industry. These laws and regulations must accommodate local, state, federal, and international laws due to the nature of cruise ships, and are enforced by the US Coast Guard, the Center for Disease Control, the International Maritime Organization, and more.
If you are in need of legal support as it pertains to the cruise industry, it is absolutely imperative that you connect with an experienced maritime attorney who can help you make sense of the standards and procedures required for this process.
Long, Jean & Weschler, P.A. represents maritime accident victims on a contingency basis. All consultations are free, and you do not pay out of pocket for our legal representation. Call today to begin your pursuit of damages.
