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Wayne.B writes:
That area is a heavily used public beach as you probably know. Not really public. The area I am talking about is from Atlantic Blvd in Pompano Beach, south to Commercial Blvd in Lauderdale-by-the-Sea. This is not "public" beach in that it is all private buildings on the waterfront, from hi-rise condominiums to small old cottages. It is definitely not a public park like the Ft Lauderdale beach. Florida seems to have case law about the "wet sand" being public, though. "Wet sand" being the high-tide wash and below. This is apparently what lets you walk up and down the beach frontage that is all private. The "dry sand" above the high-water mark is privately owned (in this area). Boating laws being a mishmash of admiralty/federal/state/local jurisdictions, I'm having a lot of trouble sorting things out. I have also gotten a written warning about not having flares on board when I was pulled over for speed in a marina basin. Later I read the USCG regulations that boats under 16' in the daytime don't (legally) require flares (although of course it is a good idea to have em). |
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