Florida 2025 Regular Session

Florida House Bill H1001 Latest Draft

Bill / Introduced Version Filed 02/24/2025

                               
 
HB 1001   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to vessel s; providing a short title; 2 
amending s. 327.02, F.S.; providing that the term 3 
"probable cause" does not include specified actions 4 
relating to safety or marine sanitation equipment 5 
inspections; amending s. 253.0346, F.S.; including 6 
Clean Marine Manufacturers within the Clean Marine 7 
Program; amending s. 327.47, F.S.; authorizing certain 8 
grants to be awarded for the construction and 9 
maintenance of publicly owned parking for boat -hauling 10 
vehicles and trailers; amending s. 327.56, F.S.; 11 
prohibiting certain officers from performing a vessel 12 
stop or boarding a vessel without probable cause or 13 
specified knowledge; requiring such officers to make 14 
good faith attempts to not board vessels without the 15 
owner or operator on board; providing that violations 16 
of safety and marine sanitation equipment r equirements 17 
are considered secondary offenses; removing provisions 18 
authorizing certain officers to board a vessel under 19 
certain circumstances; removing provisions relating to 20 
the inspection of floating structures; amending s. 21 
327.70, F.S.; requiring the Fl orida Fish and Wildlife 22 
Commission, in coordination with the Department of 23 
Highway Safety and Motor Vehicles, to create the 24 
"Florida Freedom Boater" safety inspection decal for 25     
 
HB 1001   	2025 
 
 
 
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specified purposes; providing for the award of such 26 
decal; providing requiremen ts for such decal; creating 27 
s. 327.75, F.S.; providing a short title; providing 28 
definitions; prohibiting specified entities from 29 
restricting the use or sale of watercrafts based on 30 
the energy source used by such watercrafts; providing 31 
severability; providi ng an effective date. 32 
 33 
Be It Enacted by the Legislature of the State of Florida: 34 
 35 
 Section 1. This act may be cited as the "Boater Freedom 36 
Act." 37 
 Section 2.  Subsections (39) through (48) of section 38 
327.02, Florida Statutes, are renumbered as subs ections (40), 39 
through (49), respectively, and a new subsection (39) is added 40 
to that section, to read: 41 
 327.02  Definitions. —As used in this chapter and in chapter 42 
328, unless the context clearly requires a different meaning, 43 
the term: 44 
 (39)  "Probable cause" does not include any action to make 45 
a safety or marine sanitation equipment inspection. 46 
 Section 3.  Subsection (3) of section 253.0346, Florida 47 
Statutes, is amended to read: 48 
 253.0346  Lease of sovereignty submerged lands for marinas, 49 
boatyards, mooring fields, and marine retailers. — 50     
 
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 (3)  For a facility designated by the department as a Clean 51 
Marina, Clean Boatyard, Clean Marine Manufacturer, or Clean 52 
Marine Retailer under the Clean Marina Program: 53 
 (a)  A discount of 10 percent on the annual lease fee shall 54 
apply if the facility: 55 
 1.  Actively maintains designation under the program. 56 
 2.  Complies with the terms of the lease. 57 
 3.  Does not change use during the term of the lease. 58 
 (b)  Extended-term lease surcharges shall be waived if the 59 
facility: 60 
 1.  Actively maintains designation under the program. 61 
 2.  Complies with the terms of the lease. 62 
 3.  Does not change use during the term of the lease. 63 
 4.  Is available to the public on a first -come, first-64 
served basis. 65 
 (c)  If the facility is in arrear s on lease fees or fails 66 
to comply with paragraph (b), the facility is not eligible for 67 
the discount or waiver under this subsection until arrears have 68 
been paid and compliance with the program has been met. 69 
 Section 4.  Section 327.47, Florida Statutes, is amended to 70 
read: 71 
 327.47  Competitive grant programs. —The commission shall 72 
develop and administer competitive grant programs funded with 73 
moneys transferred pursuant to s. 206.606(1)(d). Grants may be 74 
awarded for the construction and maintenance of publ icly owned 75     
 
HB 1001   	2025 
 
 
 
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boat ramps, parking for boat-hauling vehicles and trailers, 76 
piers, and docks; boater education; deployment of manatee 77 
technical avoidance technology; and economic development 78 
initiatives that promote boating in the state. The commission 79 
may adopt rules pursuant to chapter 120 to implement this 80 
section. 81 
 Section 5.  Section 327.56, Florida Statutes, is amended to 82 
read: 83 
 327.56  Safety and marine sanitation equipment inspections; 84 
probable cause; qualified.— 85 
 (1)  An No officer may not shall board any vessel or 86 
perform a vessel stop in this state unless the officer has 87 
probable cause or knowledge to believe that a violation of this 88 
chapter has occurred or is occurring. An officer shall to make a 89 
good faith attempt to not board a vessel safety or marine 90 
sanitation equipment inspection if the owner or operator is not 91 
aboard. 92 
 (2) When the owner or operator is aboard, an officer may 93 
board a vessel with consent or when the officer has probable 94 
cause or knowledge to believe that a violation of a provision of 95 
this chapter has occurred or is occurring. 96 
 (3)  A violation of safety and marine sanitation equipment 97 
requirements may only be considered a secondary offense, rather 98 
than a primary offense An officer may board a vessel when the 99 
operator refuses or i s unable to display the safety or marine 100     
 
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sanitation equipment required by law, if requested to do so by a 101 
law enforcement officer, or when the safety or marine sanitation 102 
equipment to be inspected is permanently installed and is not 103 
visible for inspection unless the officer boards the vessel . 104 
 (2)  Inspection of floating structures for compliance with 105 
this section shall be as provided in s. 403.091 . 106 
 Section 6.  Subsection (2) of section 327.70, Florida 107 
Statutes, is amended to read: 108 
 327.70  Enforcement o f this chapter and chapter 328. — 109 
 (2)(a)1.  The commission, in coordination with the 110 
Department of Highway Safety and Motor Vehicles, shall create a 111 
"Florida Freedom Boater" safety inspection decal for issue at 112 
the time of registration or renewal signifying that the vessel 113 
is deemed to have met the safety equipment carriage and use 114 
requirements of this chapter. Upon demonstrated compliance with 115 
the safety equipment carriage and use requirements of this 116 
chapter at the time of registration or renewal during a safety 117 
inspection initiated by a law enforcement officer , the operator 118 
of a vessel shall be issued a "Florida Freedom Boater" safety 119 
inspection decal signifying that the vessel is deemed to have 120 
met the safety equipment carriage and use requireme nts of this 121 
chapter at the time and location of such inspection . The 122 
commission may designate by rule the timeframe for expiration 123 
of, and the specific design for, the "Florida Freedom Boater" 124 
safety inspection decal. However, a decal may not be valid for 125     
 
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less than 1 calendar year or more than 5 years at the time of 126 
issue and, at a minimum, must meet the standards specified in 127 
this paragraph. All decals issued by the commission on or before 128 
December 31, 2018, are no longer valid after that date. 129 
 2.  The "Florida Freedom Boater" safety inspection decal , 130 
if displayed, must be located within 6 inches of the inspected 131 
vessel's properly displayed vessel registration decal. For 132 
nonmotorized vessels that are not required to be registered, the 133 
"Florida Freedom Boat er" safety inspection decal , if displayed, 134 
must be located above the waterline on the forward half of the 135 
port side of the vessel. 136 
 (b)  If a vessel properly displays a valid safety 137 
inspection decal created or approved by the division, a law 138 
enforcement officer may not stop the vessel for the sole purpose 139 
of inspecting the vessel for compliance with the safety 140 
equipment carriage and use requirements of this chapter unless 141 
there is reasonable suspicion that a violation of a safety 142 
equipment carriage or use r equirement has occurred or is 143 
occurring. This subsection does not restrict a law enforcement 144 
officer from stopping a vessel for any other lawful purpose when 145 
the officer has probable cause or knowledge to believe that a 146 
violation has occurred or is occurri ng. 147 
 Section 7.  Section 327.75, Florida Statutes, is created to 148 
read: 149 
 327.75  Watercraft Energy Source Freedom. — 150     
 
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 (1)  SHORT TITLE.—This section may be cited as the 151 
"Watercraft Energy Source Freedom Act." 152 
 (2)  DEFINITIONS.—For the purposes of this sec tion, the 153 
term: 154 
 (a)  "Energy source" means any source of energy used to 155 
power a watercraft, including, but not limited to, gasoline, 156 
diesel fuel, electricity, hydrogen, and solar power. 157 
 (b)  "Watercraft" means any vessel or craft designed for 158 
navigation on water, including boats and personal watercraft. 159 
 (3)  PROHIBITION ON RESTRICTIONS BASED ON ENERGY SOURCE. —160 
Notwithstanding any other law to the contrary, a state agency, 161 
municipality, government entity, or county may not restrict the 162 
use or sale of a wat ercraft based on the energy source used to 163 
power the watercraft, including an energy source used for 164 
propulsion or used for powering other functions of the 165 
watercraft. 166 
 Section 8. If any provision of this act or its application 167 
to any person or circumst ance is held invalid, the invalidity 168 
shall not affect the remaining provisions or applications of 169 
this act which can be given effect without the invalid provision 170 
or application. 171 
 Section 9. This act shall take effect July 1, 2025. 172