jurisdiction florida law-of-the-sea
Help interpretting Florida Statute and specifically Jurisdiction on the waters of the state
<p>Florida Vessel Statutes state:</p>

<p><strong>327.58 Jurisdiction</strong>.—The safety regulations included under this chapter shall apply to all vessels, except as specifically excluded, <strong>operating</strong> upon the waters of this state.</p>

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<p>The definition of <strong>Operate</strong>:</p>

<p><strong>327.02 Definitions</strong> -
  (33) “Operate” means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel’s navigation or safety <strong>while the vessel is underway</strong> upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state.</p>

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<p>Definition of "<strong>Underway</strong>":</p>

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<p>It seems to me, that they do not have jurisdiction, unless you are operating/underway and not while at anchor. If you are at anchor the jurisdiction would fall under the U.S. Coast Guard, as per:</p>

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<p>Am I missing something here? Or does the State of Florida not have jurisdiction, unless you are operating?</p>

<p>“... in charge of, in command of, or in actual physical control of a vessel ...” applies even if the vessel is stopped, at anchor or even if no one is on board (in which case it would be the last person in charge).</p>

<p>Also, both Florida and the USA can have jurisdiction at the same time. Jurisdiction is not exclusive.</p>

<p>You quote:</p>

<blockquote>
  <blockquote>
    <p>Jurisdiction.—The safety regulations included under this chapter shall apply...</p>
  </blockquote>
</blockquote>

<p>Then you ask</p>

<blockquote>
  <p>does the State of Florida not have jurisdiction, unless you are operating?</p>
</blockquote>

<p>Of course the state of Florida has jurisdiction if the vessel is in Florida's waters.  Even in cases where the safety regulations do not apply, the vessel remains within the state's jurisdiction, and it can be stopped and boarded or seized subject to whatever protections may apply against illegal searches and seizures.</p>
