Embarking on a boating adventure along the picturesque waters of Florida’s coastline is a dream come true for many. However, the recent enactment of Senate Bill 606, known as the “Boating Safety Act of 2022,” has brought about significant changes for bareboat charter companies operating in the state. One crucial aspect of this legislation revolves around insurance requirements, mandating that these companies obtain and carry policies that protect both their operations and the renters. This post will provide some guidance for bareboat charter companies as they navigate the waters of compliance ..read more

Boating is a popular pastime in Florida, with its beautiful coastlines and numerous waterways. However, with the enjoyment of boating comes the responsibility of ensuring the safety of all passengers and others on the water. As a maritime lawyer, I have seen the devastating consequences of boating accidents firsthand. National Safe Boating Week Boater Safety Week, also known as National Safe Boating Week, is an annual event held in the United States to promote safe boating practices and raise awareness about boating safety. The event is typically observed during the week leading up to Memoria ..read more

Last week, Southwest Florida felt the wrath of Hurricane Ian. With the surplus of vessels around the Southwest Florida area, property owners are finding vessels washed up on their properties or left abandoned in the waters around them. This spurs the question, “What do I do if a vessel is on my property due to Hurricane Ian? First, a property owner can always attempt to locate the registration number on the vessel’s side to ascertain who the owner is. Once the owner is determined, the property owner can demand the vessel’s rightful owner remove the vessel from the property. Additionally, a p ..read more

Recreational boat owners in Florida are required to either register their vessels with the state of Florida or document their vessels with the U.S. Coast Guard. There are many factors to consider when choosing between state registration and U.S. documentation. Registration Chapter 328, Florida Statutes, designates that DHSMV is responsible for issuing vessel registrations and titles. Applications for titles and registrations must be filed at a county tax collector or license plate agent office. The certificate of registration must be carried on board the vessel whenever it is in operation and ..read more

Whether you are buying a boat for the first time, or simply have not been boat shopping in ages, it is important to understand the technicalities of purchasing a boat. Over the next several weeks, we will discuss a few issues to consider, including insurance, registration and documentation, surveys and contract terms. Today, we will begin the series discussing options to obtaining title to a new boat or vessel. How to Obtain Title to a New Boat All vessels on Florida waters, unless expressly exempted, are required to have a Florida vessel title issued by the Florida Department of Highway Safet ..read more

In Florida, we are lucky to have a year-round boating season. However, with so many boats here in Southwest Florida, boat owners often look for ways to maximize their boats’ usage and, of course, their profitability. Boat owners can maximize profitability and limit liability by renting their boats under bareboat charter arrangements. What is a Bareboat Charter? A bareboat charter is a vessel that is leased by the owner to another person (a “charterer”) for a period of time without captain and crew. The person leasing the vessel is then responsible for the entire vessel’s operation and any capt ..read more

A group of charter boat captains are making waves by challenging NOAA Fisheries plan to monitor charter boats in the Gulf of Mexico. Last July, NOAA Fisheries issued a mandate requiring charter boats to allow federal agencies to monitor 24-hour GPS devices on their boats. The rule, which has since been delayed would affect an estimated 1,700 charter boat captains, including many in Lee County. NOAA New Rule The new rule requires charter boat captains to submit an electronic fishing report (or logbook) using federally approved hardware and software with GPS location capabilities. Along with the ..read more

Hurricane season runs from June 1 through November 30. We are currently in the peak of hurricane season, as most storms occur in August and September, and the next major storm could be right around the corner. High winds, storm surge, rising sea levels, and increased tides are just some of the concerns boaters must consider during hurricane season, and preparing your boat is one of the most important ways you can protect your asset. In advance Check your personal dockage, or speak to your marina regarding storm preparations and securing your vessel; Many marinas will offer emergency mooring o ..read more

Effective today, April 1, 2021, the United States Coast Guard (“USCG”) requires operators of recreational vessels less than 26 feet in length to use an engine cut off switch (ECOS) and associated ECOS link (ECOSL) when operating in federal waters. The purpose of the new regulation is to prevent runaway vessels and the danger they pose. An ECOSL attaches the vessel operator to a switch that shuts off the engine if the operator is displaced from control of the vessel, such as when they may fall or be thrown overboard. Since 2018, the USCG has required all manufacturers of covered recreational bo ..read more

Regional and larger boat shows are often hosted in late winter and early spring when manufacturers are ready to roll out the years newest products. Here are some quick tips to consider before visiting a boat show. Before You Go Identify your budget and the type of boat you are interested in. Don’t forget to consider costs for maintenance, storage, insurance, and registration/documentation. If you’re planning to finance your purchase, consider qualifying in advance. Review the shows exhibitor list before you go, and identify the brands, dealers or specific boats you are interested and visit th ..read more