Keith Lusher 03.07.25
At a press conference held at the Miami International Boat Show, Governor DeSantis unveiled a comprehensive legislative proposal aimed at protecting Floridians’ right to boat without unnecessary government interference.
“Florida is proud to be the fishing and boating capital of the world,” said Governor Ron DeSantis. “The Boater Freedom Initiative ensures we follow suit as the Free State of Florida on our waters with protections for boaters from unwarranted searches or heavy-handed local governments.”
The initiative addresses several key concerns that have long plagued Florida’s boating community. Most notably, it will prohibit boat inspections without probable cause, which were previously conducted as routine safety compliance checks. This change aligns boating regulations more closely with the protections that Florida drivers have.
Long-time boater James Dowdee expressed his support for the initiative, saying, “I think it’s a good idea because you can’t stop a car without probable cause, so why should you be able to stop a boat?”
Under the current system, law enforcement officers can board vessels at any time to check for safety equipment like life jackets, flares, and fishing licenses – even when there’s no indication of wrongdoing. These stops sometimes escalate into unnecessary sobriety tests or other intrusive measures that disrupt an otherwise peaceful day on the water.
The consequences of these random stops can be severe, as Todd White experienced last May. When they were stopped for a routine check, White was boating with his family off Little Torch Key in the Lower Florida Keys. Despite having consumed only two beers hours before, he was subjected to field sobriety tests, arrested, and charged with boating under the influence. His breath test showed 0.000 alcohol content – well below the 0.08 legal limit – and the charges were eventually dropped. The ordeal cost him $5,000 in attorney fees and, as his wife Cynthia put it, “left us traumatized and distraught.”
To balance safety concerns with boaters’ freedoms, the initiative directs the Florida Fish and Wildlife Conservation Commission (FWC) to work with tax collectors to create a five-year “Florida Freedom Boater” decal program. Boaters will receive these decals during registration, indicating they’ve taken the necessary steps to maintain proper safety requirements. This ensures compliance with boating laws while reducing unnecessary disruptions for law-abiding boaters.
The Boater Freedom Initiative also prevents local governments from banning vessels based on fuel type, ensuring that boaters who prefer traditional gas-powered boats won’t be limited by overzealous local regulations. Of course, important regulations concerning wake speeds, manatee zones, and seagrass habitats will remain in place.
Finally, the proposal includes investments in additional boat ramps, parking, and marina programs through FWC, ensuring public access to Florida’s beautiful waterways – from Biscayne Bay and the Gulf of America to the Atlantic Coast.
While some boaters like Andy Busch have mixed feelings about the proposal, acknowledging that safety checks serve a purpose, many agree that the frequency of stops has become burdensome. “Busier times of the year you can count on it,” said Busch. “You can see them at the boat ramp, and you know it’s coming.”
Governor DeSantis is expected to push for this legislation in the upcoming session that starts in March. For Florida’s boating community, this initiative represents a significant step toward ensuring that the Sunshine State truly lives up to its reputation as both the boating capital of the world and the Free State of Florida.
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