DeSantis proposes getting rid of warrantless boater compliance stops on the water
Gov. Ron DeSantis Wednesday introduced a proposal to ban police officers from pulling over boaters for safety and compliance checks without having a warrant or probable cause.
The governor announced the proposal, which would require approval by the Florida Legislature, at the Miami International Boat Show, saying current law allows police officers to stop boaters 'who are just out enjoying themselves when there's no indication that anything is wrong.'
DeSantis was specifically talking about officers who board boats to check for things like life jackets, flares, fishing licenses and other mandatory safety equipment. During these inspections, officers often find other violations of the law, including boating under the influence of alcohol.
DeSantis said, however, that boaters have been unnecessarily been put through sobriety tests because of these stops and end up being sober in the end.
'People who are just out enjoying themselves when there's no indication that anything is wrong, they should not be subjected to these intensive searches,' DeSantis said.
In lieu of mandatory compliance checks, DeSantis is proposing people obtain a 'Florida Freedom' decal for their boats at registration, which would 'reassure law enforcement that the boater has conducted the due diligence of inspecting and maintaining proper boating safety requirements.'
It was not immediately clear if the act of fishing itself would be probable cause for a Florida Fish and Wildlife Conservation Commission police officer to inspect a boater's vessel. Current law states law enforcement officers 'have the authority, without warrant, to board, inspect, and search any boat, fishing appliance, storage or processing plant, fishhouse, spongehouse, oysterhouse, or other warehouse, building, or vehicle engaged in transporting or storing any fish or fishery products.'
DeSantis added that his proposal would also preempt municipalities from banning boats fueled by gasoline or diesel from operating in local waters.
'We want to establish a right to boat initiative in the state of Florida by preempting local regulations that ban the sale or use of boats based on fuel sources,' DeSantis said.
'You don't need to be driving an electric boat if you don't want to. You have the ability to do gas, and we want to be able to preserve your freedom to be able to do that,' he said.
This is a developing story and will be updated as more information becomes available.
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