By Staff Report
Florida State Senator Jay Trumbull has filed legislation, Senate Bill 1388, establishing the Boater Freedom Act, to protect the rights of Florida boaters by prohibiting Florida Fish and Wildlife Conservation Commission (FWC) officers from stopping boats for inspections without probable cause.
“Governor DeSantis and the Legislature have built a state that promotes and protects freedom and individual liberty, and those principles should extend to Florida’s waters and our responsible boating community,” said Senator Trumbull. “Florida fishermen and recreational boaters should not be randomly subjected to stops and searches when the vast majority are simply trying to enjoy a day on the beautiful waters of our great state and are not doing anything wrong. While our law enforcement officers have good intentions, this current practice, which allows them to stop and inspect any boat without cause, is infringing on the rights of Florida boaters. Too often I have heard about, or myself experienced, boats being stopped multiple times in one outing. The Boater Freedom Act will put an end to this misguided practice and ensure the Free State of Florida extends to our waterways.”
SB 1388 would prohibit officers from boarding any vessel in Florida unless the officer has probable cause or knowledge to believe that a violation has occurred or is occurring. Under the bill, probable cause would not include any action to make a safety or marine sanitation equipment inspection. It also would establish that safety and marine sanitation equipment requirement violations may only be considered a secondary offense, rather than a primary offense, and would limit officers’ ability to board vessels. Additionally, the bill would create the “Florida Freedom Boater” safety inspection decal, which would be issued at the time of registration or renewal, signifying that the vessel is in compliance with applicable safety equipment carriage and use requirements.