The Boater Freedom Act: What It Would Mean for Florida’s Marine Industry

A new bill in Florida, SB 1388, the “Boater Freedom Act,” is making waves in the marine industry. Spearheaded by Governor Ron DeSantis, the bill seeks to limit law enforcement’s ability to stop and board vessels without probable cause or specific knowledge of a violation. While boaters welcome fewer interruptions, safety advocates raise concerns about reduced enforcement on Florida’s busy waterways.

What’s Changing?

Currently, Florida Fish and Wildlife Conservation Commission (FWC) officers and local marine patrols can stop vessels for compliance checks, registration verification, and safety inspections. The Boater Freedom Act proposes:

• Restricting vessel stops to cases where probable cause exists.
• Creating a “Florida Freedom Boater” safety decal to prevent unnecessary safety checks.
• Expanding the Clean Marine Program to promote eco-friendly boating practices.
• Introducing the “Watercraft Energy Source Freedom Act,” though details remain unclear.

This shift aligns with broader efforts to reduce regulatory interference while keeping Florida’s marine economy thriving.

Balancing Freedom and Safety

While this bill seeks to reduce unnecessary stops, other proposed legislation focuses on stricter safety measures.

For example, Lucy’s Law (SB 628)—named after a tragic boating accident—would increase penalties for reckless boating and mandate safety training. Meanwhile, HB 481 aims to restrict anchoring in high-traffic areas, potentially giving local governments more regulatory power.

These contrasting legislative moves reflect an ongoing debate: How do we balance boater freedoms with public safety and responsible waterway management?

 Industry and Law Enforcement Perspectives

Boating industry professionals largely support fewer regulatory burdens but emphasize the need for continued safety oversight.

Locally, Broward County is home to over 42,000 registered vessels, patrolled by multiple agencies, including the Broward Sheriff’s Office (BSO) Marine Unit. BSO Deputy Brett Cassidy reminds boaters:

“Know the rules, stay alert to conditions, and keep alcohol away from the helm. Safety is everyone’s job.”

Recent Incidents Highlight the Debate

Recent events illustrate the high stakes of marine safety regulation:

• Fort Lauderdale, FL: On Christmas Eve 2024, a boat explosion at Lauderdale Marina left one dead and five injured, emphasizing the need for enhanced boating safety protocols.
• Hillsboro, FL: In late February 2025, BSO deputies successfully rescued 3 individuals from their capsized vessel, despite a language barrier, and challenging visibility and sea conditions, reinforcing the importance of quick law enforcement response.
• Jupiter, FL: A boater with 0.0% BAC was arrested for suspected BUI, drawing criticism and fueling support for the Boater Freedom Act.

These cases showcase the tension between enforcement and individual rights—the very issue at the heart of this proposed legislation.

What’s Next?

As Florida lawmakers debate the Boater Freedom Act, marine industry stakeholders, law enforcement, and boaters must stay engaged.

Our firm will continue monitoring developments and advocating for balanced policies that support boater rights, industry growth, and waterway safety.

Would you like to weigh in on this issue? Contact us to discuss how these changes may impact your business or boating activities.