Is it Legal to Work on a Cruise Ship in Florida Without a Florida License?
Yes, it is lawful to work on a cruise ship in Florida without a Florida license. The state of Florida has the authority to make laws about what happens in Florida, but the laws of the United States have precedence, as do the treaties, like the United Nations Convention on the Law of the Sea, to which the United States is signatory.
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Florida's Boating License
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The state of Florida requires that persons operating a boat on Florida waters with a motor of more than 10 horsepower, have a Florida boating safety license. It doesn't require other persons who work aboard to have a Florida boating license, or boating safety certificate or even a driver's license. As long as the person with a boating safety certificate recognized by the state of Florida is readily available to take control of the vessel, if necessary, even the cook can hold the wheel.
Federal Pre-eminence on Florida Waters
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Title 33 of the Code of Federal Regulations states that the United States has supremacy over the navigable waters of the United States. This includes the waters of the state of Florida, both inland and from the limit of the territorial sea of the United States, to the shore. The state of Florida's boating law indirectly takes notice of this by exempting persons holding a U.S. Coast Guard Master Mariner's License from the requirement to hold a Florida boating license.
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Federal License Sufficient
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Persons licensed by the U.S. Coast Guard as master mariners are exempted from this requirement. Other persons working aboard the cruise ship are exempt from the requirement as the Florida safe boating law permits persons not holding a Boating Safety Education Identification Card to operate, as long as the person in charge of the vessel is aboard and "is exempt from the educational requirements, provided that person is attendant to and responsible for the safe operation of the vessel," as the master of a cruise ship must be.
Foreign License Sufficient
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The United Nations Convention of the Law of the Sea, an international treaty, establishes, in part, the conduct among signatories with regard to licenses. It was ratified by the United States on Aug. 21, 1996, giving formal acknowledgement to the longstanding tradition that states would allow unrestricted reciprocity for the licenses of foreign ship officers and crew that are issued by states other than the United States.
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References
- Photo Credit ship image by jimcox40 from Fotolia.com
