Florida Senate - 2025 SB 1388 By Senator Trumbull 2-01230B-25 20251388__ 1 A bill to be entitled 2 An act relating to vessels; providing a short title; 3 amending s. 327.02, F.S.; providing that the term 4 probable cause does not include specified actions 5 relating to safety or marine sanitation equipment 6 inspections; amending s. 253.0346, F.S.; including 7 Clean Marine Manufacturers within the Clean Marine 8 Program; amending s. 327.47, F.S.; authorizing certain 9 grants to be awarded for the construction and 10 maintenance of publicly owned parking for boat-hauling 11 vehicles and trailers; amending s. 327.56, F.S.; 12 prohibiting certain officers from performing a vessel 13 stop or boarding a vessel without probable cause or 14 specified knowledge; requiring such officers to make 15 good faith attempts to not board vessels without the 16 owner or operator on board; providing that violations 17 of safety and marine sanitation equipment requirements 18 are considered secondary offenses; removing provisions 19 authorizing certain officers to board a vessel under 20 certain circumstances; removing provisions relating to 21 the inspection of floating structures; amending s. 22 327.70, F.S.; requiring the Florida Fish and Wildlife 23 Commission, in coordination with the Department of 24 Highway Safety and Motor Vehicles, to create the 25 Florida Freedom Boater safety inspection decal for 26 specified purposes; providing for the award of such 27 decal; providing requirements for such decal; creating 28 s. 327.75, F.S.; providing a short title; providing 29 definitions; prohibiting specified entities from 30 restricting the use or sale of watercrafts based on 31 the energy source used by such watercrafts; providing 32 severability; providing an effective date. 33 34 Be It Enacted by the Legislature of the State of Florida: 35 36 Section 1.This act may be cited as the Boater Freedom 37 Act. 38 Section 2.Subsections (39) through (48) of section 327.02, 39 Florida Statutes, are renumbered as subsections (40) through 40 (49), respectively, and a new subsection (39) is added to that 41 section, to read: 42 327.02Definitions.As used in this chapter and in chapter 43 328, unless the context clearly requires a different meaning, 44 the term: 45 (39)Probable cause does not include any action to make a 46 safety or marine sanitation equipment inspection. 47 Section 3.Subsection (3) of section 253.0346, Florida 48 Statutes, is amended to read: 49 253.0346Lease of sovereignty submerged lands for marinas, 50 boatyards, mooring fields, and marine retailers. 51 (3)For a facility designated by the department as a Clean 52 Marina, Clean Boatyard, Clean Marine Manufacturer, or Clean 53 Marine Retailer under the Clean Marina Program: 54 (a)A discount of 10 percent on the annual lease fee shall 55 apply if the facility: 56 1.Actively maintains designation under the program. 57 2.Complies with the terms of the lease. 58 3.Does not change use during the term of the lease. 59 (b)Extended-term lease surcharges shall be waived if the 60 facility: 61 1.Actively maintains designation under the program. 62 2.Complies with the terms of the lease. 63 3.Does not change use during the term of the lease. 64 4.Is available to the public on a first-come, first-served 65 basis. 66 (c)If the facility is in arrears on lease fees or fails to 67 comply with paragraph (b), the facility is not eligible for the 68 discount or waiver under this subsection until arrears have been 69 paid and compliance with the program has been met. 70 Section 4.Section 327.47, Florida Statutes, is amended to 71 read: 72 327.47Competitive grant programs.The commission shall 73 develop and administer competitive grant programs funded with 74 moneys transferred pursuant to s. 206.606(1)(d). Grants may be 75 awarded for the construction and maintenance of publicly owned 76 boat ramps, parking for boat-hauling vehicles and trailers, 77 piers, and docks; boater education; deployment of manatee 78 technical avoidance technology; and economic development 79 initiatives that promote boating in the state. The commission 80 may adopt rules pursuant to chapter 120 to implement this 81 section. 82 Section 5.Section 327.56, Florida Statutes, is amended to 83 read: 84 327.56Safety and marine sanitation equipment inspections; 85 probable cause; qualified. 86 (1)An No officer may not shall board any vessel or perform 87 a vessel stop in this state unless the officer has probable 88 cause or knowledge to believe that a violation of this chapter 89 has occurred or is occurring. An officer shall to make a good 90 faith attempt to not board a vessel safety or marine sanitation 91 equipment inspection if the owner or operator is not 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 is unable to display the safety or marine 100 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: 108 327.70Enforcement of 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 requirements 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 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, if 130 displayed, must be located within 6 inches of the inspected 131 vessels properly displayed vessel registration decal. For 132 nonmotorized vessels that are not required to be registered, the 133 Florida Freedom Boater 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 inspection 137 decal created or approved by the division, a law enforcement 138 officer may not stop the vessel for the sole purpose of 139 inspecting the vessel for compliance with the safety equipment 140 carriage and use requirements of this chapter unless there is 141 reasonable suspicion that a violation of a safety equipment 142 carriage or use requirement has occurred or is occurring. This 143 subsection does not restrict a law enforcement officer from 144 stopping a vessel for any other lawful purpose when the officer 145 has probable cause or knowledge to believe that a violation has 146 occurred or is occurring. 147 Section 7.Section 327.75, Florida Statutes, is created to 148 read: 149 327.75Watercraft Energy Source Freedom. 150 (1)SHORT TITLE.This section may be cited as the 151 Watercraft Energy Source Freedom Act. 152 (2)DEFINITIONS.For the purposes of this section, 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 watercraft 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 circumstance 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.