What Maritime Vessels May Operate in Florida?
Maritime law is a body of federal law that applies to certain bodies of water. Maritime law applies to navigable waters and often encompasses vessels engaged in interstate or international trade or commerce. However, even cruise ships, fishing boats, and other vessels in certain navigable waters may fall under the jurisdiction of maritime law.
In Florida, there is no blanket prohibition of certain vessels under maritime law. However, some vessels might not be permitted in certain waterways. For example, a large cruise ship, or a similarly large vessel, would likely not be permitted to enter smaller ports or marinas meant for small, private vessels like sailboats. There are also regulations regarding which vessels must be registered. Certain unregistered vessels may not be operated in Florida waters. If you are in an accident involving a boat in navigable waters, call a maritime attorney for help.
Call our maritime accident and injury attorneys with Rivkind Margulies & Rivkind at (305) 204-5369 to get a free, private case review.
Maritime Vessels Permitted to Operate in Florida
The question of what maritime vessels may operate in Florida is somewhat tricky to answer. Our Miami maritime accident and injury attorneys must consider the type of vessel in question and what body of water in which it will be operated. While there is not a categorical statewide ban on any specific vessels, you must be mindful of what kind of vessels are allowed in which bodies of water.
Watercraft that is considered a “vessel” must be titled by the State of Florida to be legally operated in navigable bodies of water. If your boat, ship, or vessel is not titled, you may not operate it in Florida.
Even so, smaller vessels that are not motorized may not require titling.
Limitations on Certain Maritime Vessels in Florida
While vessels that are properly titled and registered in Florida may be operated on many navigable bodies of water within the state, there are limitations on how and where these vessels may be used.
If you operate a maritime vessel in Florida, you must be aware of anchoring limits. Certain areas, particularly those that see heavier boating traffic, may have restrictions on when and where you can anchor your vessel.
Other areas might be off limits to certain kinds of boats. For example, smaller bodies of water may be off-limits to larger vessels, such as cruise ships or yachts. You must also be careful about operating larger vessels around bridges, as there may be height limitations.
What is Considered a Maritime Vessel?
Maritime vessels may include a vast assortment of boats, ships, and other watercraft. Generally, accidents and incidents that occur on maritime vessels may fall under maritime law, depending on what body of water is involved.
The definition of a vessel is contained within Florida Statutes § 328.0015(ee). This is a broad definition, including most vessels that are watercraft capable of being used as a means of transportation.
However, certain kinds of watercraft are excluded. For example, amphibious vehicles and seaplanes are not considered maritime vessels. Similarly, non-motor-powered watercraft under 16 feet in length are not maritime vessels. Watercraft that operate on a fixed course and are guided by a mechanical device are also not vessels.
Certain stationary floating structures are also not considered maritime vessels. If the stationary structure does not have its own mode of propulsion, is dependent on a hookup for utilities, and has a permanent sewage hookup, it is not a vessel.
What to Do After an Accident with a Maritime Vessel in Florida?
Boating accidents can be extremely dangerous, and you or others might be badly injured. If you want to take legal action against those responsible, you should contact an attorney right away. Depending on where and how your boating accident happened, your case may fall under maritime law.
If you own the boat involved in the accident, take all your legal paperwork regarding the boat to your attorney. This includes titles, registration, and any other legal documentation. We need evidence showing your boat was being lawfully operated in Florida waters.
Accidents Involving Unauthorized Maritime Vessels
If the boat involved was not an authorized maritime vessel, you should alert your attorney immediately. If the defendant was illegally operating a vessel or the vessel was somewhere it was not permitted to be, you might have a stronger case for damages.
Vessels may be prohibited from certain areas for safety reasons. Steering an enormous yacht through a narrow marina is dangerous and poses a serious risk to other boaters. If something like this happened during your boating accident, the other boat operator may be responsible for the accident.
How a Maritime Attorney Can Help You
A maritime attorney may help you in several important ways.
First, if you have a boat and want to make sure you can operate it in Florida, your attorney can help you with important legal paperwork. For example, your lawyer can help you title the vessel and get it properly registered so you can legally operate it.
Your attorney may also advise you of where you can and cannot operate the vessel. If you have a large vessel, like a large charter boat, that you plan to use to open a tourism business, your attorney can go over where you can operate the boat legally. Certain bodies of water might be off limits.
Your attorney can also represent you in case of accidents. This may be incredibly important, as accidents involving boats may be maritime cases, which is an entirely unique body of law on its own.
Review your Case with Our Florida Maritime Accident and Injury Attorneys
Call our Florida maritime accident and injury attorneys with Rivkind Margulies & Rivkind at (305) 204-5369 to get a free, private case review.
