Blogs

Uninsured Motorist Coverage in Florida

Florida requires every motorist on its roads to carry automobile insurance with a minimum of $10,000 for personal injury protection (PIP) and $10,000 for property damage protection. However, Florida does not require motorists to have underinsured or uninsured motorist coverage. Yet, if an insured (non-negligent motorist) obtains uninsured motorist coverage, it permits the insured with the...

Will vs. Trust in Florida

I am often times asked whether a will or trust is appropriate for one's estate planning needs. For various reasons, many people believe that a trust is always the way to go. However, that is not always the case. Here are some considerations to weigh when deciding between a will and trust. Additionally, it is important to note that trust will have a will that pours into the trust so that all...

Navigation Rules on the Florida Waterways

First, an operator of a watercraft must have a proper lookout, go the posted or safe speed, and take all action necessary to avoid a collision. For vessels on the water, there are different rules depending on the type of vessel as follows: Power Vessel v. Power Vessel If both are meeting head on, then the two vessels are to veer to the right. If two vessels are to intersect or cross each other,...

Florida Maritime Boundaries

Although most states have a maritime boundary of three nautical miles from the shoreline, Florida's maritime boundary is not always so. The Atlantic boundary of the state is: ue east to the edge of the Gulf Stream or a distance of three geographic miles whichever is the greater distance; thence in a southerly direction along the edge of the Gulf Stream or along a line three geographic miles...

Florida Boating Laws

Fla. Stat. 327.395 requires any boat operator (if boat has more than 9 horsepower) born on or after January 1, 1988 to have the following: A. Photo ID; and aBoating Safety Identification Card OR B. A State Issued ID card or Driver's License that indicates possession of the Boating Safety Identification Card OR C. Photo ID; and aTemporary Certificate approved by the Commission Exemptions The...

Sales of Vessels

It is important to note that the sale of a vessel and a contract for the construction of a vessel do not fall within the federal court's maritime jurisdiction. However, a contract for the repair of a vessel are deemed a maritime contracts and admiralty law applies. This an area of contention. For example, in one case, where the customization components of a new yacht were in dispute, the court...

Marina Law

Depending on the circumstances, a marina may have a duty to care for a boat owner’s vessel. Now, if the agreement between the parties is simply for a space or slip, then the marina has a duty to provide security, and keep the dock and mooring components in good condition. However, if the vessel is in dry rack storage or is given over to the care of the marina, then the marina is to keep the...