Florida — Have you ever been out boating and minding your business when you were boarded by FWC or another law enforcement agency?
Well, that could soon change.
Gov. DeSantis has introduced new legislation that would make it more difficult for state and local law enforcement to stop boaters without having probable cause. Something Florida boat owners say should have been in place all along.
The initiatives, SB 1388 and HB 1001, were introduced in February.
Dozens of law enforcement agencies have spoken out against the bill and say it will prevent them from “finding” other crimes. Law enforcement across Florida says they usually can find other offenses, such as BUI and illegally sized fish, when they randomly board a boat.
Boat owners say it’s common for FWC and other law enforcement to interrupt your day and violate your constitutional rights by boarding without probable cause.
Officers can currently stop boaters without probable cause to:
- Conduct routine safety checks on equipment such as flares, air horns, life preservers, and fire extinguishers.
- While aboard, law enforcement can, without any lawful reason, make sure drivers are sober and anglers are complying with fishing regulations such as bag limits, size limits, and seasonal restrictions. This includes opening coolers and unlawfully going through bags that a boater has on board.
- They can also check boats to make sure the boat owner has working sewage holding tanks and pump-out equipment.
Here are some provisions in the bills:
- Probable cause would not include any action to make a safety or marine sanitation equipment inspection.
- An officer shall not be allowed to board a vessel if the owner or operator is not aboard without probable cause.
- When the owner or operator is aboard, an officer may board a vessel with consent or when the officer has probable cause or knowledge to believe that a violation of this chapter has occurred or is occurring. If there is no probable cause and the owner does not give consent, the officer must move on.
- A violation of safety and marine sanitation equipment requirements may only be considered a secondary offense, which does not allow an officer to board a boat.
- Would ban a state agency, municipality, government entity, or county from restricting the use or sale of a watercraft based on the energy source of the propulsion.
- Would open bird rookeries and other environmentally sensitive areas set aside to protect endangered species to loud powerboats, which have combustion engines that are louder than electric trolling motors or poling.
- Instead of safety or pump-out checks, the Florida Fish and Wildlife Conservation Commission and the Department of Highway Safety and Motor Vehicles would be required to create a “Florida Freedom Boater” safety inspection decal. Agencies would issue it when boat owners register their vessel, showing it has the proper safety equipment.
In a statement, Indian Riverkeeper Executive Director Jim Moir said, “They are taking away too many tools from law enforcement.
Boat owner, John Simms, wrote in a FB post, “This has been a long time coming. Boarding my boat and rummaging through my belongings should require a warrant unless there is no doubt that I have committed a crime. The constitution says all citizens have the right to travel without being molested…it should apply to baoters as well. They should not be allowed to search you while shore fishing either.”
Currently, when the FWC randomly stops boaters for no reason, they give a one-year decal if their vessel passes the officers’ safety inspection.
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