The “Boater Freedom Act,” introduced by Sen. Jay Trumbull in February and signed into law by Gov. Ron DeSantis in May, goes into effect Tuesday, along with more than 120 other new Florida laws.
The “Boater Freedom Act,” which becomes law just ahead of the busy Independence Day weekend, is designed to protect boaters against “suspicionless” searches and prevent local regulations on vessel purchases.
Law enforcement officers can no longer pull over boaters for routine safety inspections when no probable cause or suspected violations have occurred. Officers must now have clear suspicion of a safety violation, like speeding or an overcrowded vessel.
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“If you think about it, if you’re walking down the street, law enforcement can’t just go up to you and stop you and search you. If there’s not a basis to do that, you’ve got to have probable cause to be able to do it,” DeSantis said the day he signed the bill.
Press play below to watch DeSantis’ remarks on the Boater Freedom Act
DeSantis said this new law will protect boaters from baseless searches.
“To just go in without any basis is not the way we want to do it in the state of Florida, and I think it’s unnecessarily created friction between the boating community and some folks in law enforcement,” DeSantis said.
Examples of probable cause include missing life jackets, broken or missing navigation lights at night, or an overcrowded boat.
The Boater Freedom Act also prevents cities and counties from banning boats based on how they’re powered — so whether it’s gas, diesel, electric, or even solar, they’re all allowed statewide.
The law also introduces a new voluntary safety decal for boaters who pass inspection during registration. The Florida Freedom Boater decal is good for five years and lets law enforcement know the vessel meets safety standards.
Lawmakers say this new system aims to reduce disruptions for law-abiding boaters while keeping safety standards in place.
News4JAX Crime and Safety Analyst Tom Hackney talked about what this means for boater safety across Florida.
“I hate the fact that (it) may be lessening some of the safety checks on the water, but I can certainly understand both sides of the argument, why the governor would feel like he does and want to pass the legislation that has been passed,” Hackney said. “But you know as long as people do the right thing, I think the majority of people will be safe.”
Despite the changes, statewide protections like wake zone speed limits and manatee and seagrass protections will remain the same.
DeSantis also signed House Bill 735, which provides additional funding for public boat ramps, parking, and marine programs through the Florida Fish and Wildlife Conservation Commission.
