The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Environment and Natural Resources
BILL: SB 1388
INTRODUCER: Senator Trumbull
SUBJECT: Vessels
DATE: March 24, 2025
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Carroll Rogers EN Favorable
2. AEG
3. FP
I. Summary:
SB 1388 is the “Boater Freedom Act.” The bill provides that “probable cause” does not include
any action to make a safety or marine sanitation equipment inspection.
The bill allows a law enforcement officer to board a vessel if the owner or operator is not on the
vessel, as long as the officer makes a good faith effort to avoid boarding the vessel. An officer
may board or perform a vessel stop when the officer has probable cause or knowledge to believe
that a violation of vessel safety laws has occurred or is occurring. The bill provides that a
violation of safety and marine sanitation equipment requirements may only be considered a
secondary offense.
The bill requires the Florida Fish and Wildlife Conservation Commission and the Florida
Department of Highway Safety and Motor Vehicles to create a “Florida Freedom Boater” safety
inspection decal that will be issued following the demonstration of compliance with safety
equipment carriage and use requirements.
The bill also contains the “Watercraft Energy Source Freedom Act,” which prohibits a state
agency, municipality, government entity, or county from restricting the use or sale of a
watercraft based on the energy source used to power the watercraft.
The bill provides that facilities designated as Clean Marine Manufacturers will be eligible for a
discount on sovereignty submerged land leases and a waiver of extended-term lease surcharges.
It authorizes funding for the construction and maintenance of parking for boat-hauling vehicles
and trailers.
The bill provides that if any provision of this act or its application to any person or circumstance
is held invalid, the invalidity must not affect the remaining provisions or applications of this act.
REVISED: BILL: SB 1388 Page 2
II. Present Situation:
Vessel Safety and Marine Sanitation Equipment
The owners and operators of every vessel on waters of this state
1
are required to carry, store,
maintain, and use safety equipment in accordance with current U.S. Coast Guard safety
equipment requirements, unless expressly exempted by the Florida Fish and Wildlife
Conservation Commission (FWC).
2
Equipment required by the U.S. Coast Guard for recreational
vessels includes engine cut-off switches, personal floatation devices, visual distress signals, fire
extinguishers, and backfire flame controls.
3
Additionally, Florida law prohibits a person from operating a vessel less than 26 feet in length
unless all children under the age of six are wearing a personal flotation device.
4
A vessel must be
equipped with properly serviceable lights and shapes required by the navigation rules and
prohibits the use of sirens or flashing, occulting, or revolving lights on any vessel, except as
expressly allowed.
5
Florida law also requires the operator of a vessel used in the instruction of a
water sport or activity to use an engine cut-off switch and wear an operative link to the switch
when a person participating in the water sport or activity is in the water.
6
The discharge of raw sewage from any vessel, including houseboats and floating structures, into
Florida waters is prohibited.
7
Every vessel on waters of this state that is 26 feet or more in length
with an enclosed cabin that includes berthing facilities must be equipped with a toilet.
8
Every
permanent toilet must be properly attached to the appropriate U.S. Coast Guard certified or
labeled marine sanitation device.
9
Floating structures with enclosed living spaces that include
berthing facilities, or working spaces with public access, as well as houseboats, must be
equipped with at least one permanently installed toilet connected to a U.S. Coast Guard certified
or labeled Type III marine sanitation device.
10
1
“Waters of this state” are defined as any navigable waters of the U.S. within the territorial limits of this state, the marginal
sea adjacent to this state, and the high seas when navigated as a part of a journey or ride to or from the shore of this state, and
all the inland lakes, rivers, and canals under the jurisdiction of this state. Section 327.02(48), F.S.
2
Section 327.50(1)(a), F.S.
3
U.S. Coast Guard, A Boater’s Guide to the Federal Requirements for Recreational Boats (2023), available at
https://uscgboating.org/assets/1/AssetManager/Boaters-Guide-to-Federal-Requirements-for-Receational-Boats-
20231108.pdf.
4
Section 327.50(1)(b), F.S.
5
Section 327.50(2), (3), F.S.
6
Section 327.50(4), F.S.
7
Section 327.53(4)(a), F.S.
8
Section 327.53(1), F.S.
9
Id.
10
Section 327.53(2), (3), F.S. If the toilet is simultaneously connected to both a Type III marine sanitation device and to
another approved marine sanitation device, the valve or other mechanism selecting between the two marine sanitation devices
must be set to direct all sewage to the Type III marine sanitation device and, while the vessel is on the waters of the state,
must be locked or otherwise secured by the boat operator, so as to prevent resetting. Floating structures may be permanently
attached to onshore sewage disposal via plumbing. No floating structure may be plumbed to permit the discharge of sewage
into the waters of this state. Id. A Type III marine sanitation device is typically a holding tank where sewage is stored until it
can be discharged either onshore or at sea (beyond three miles from shore). U.S. Environmental Protection Agency, Marine
Sanitation Devices (MSDs), https://www.epa.gov/vessels-marinas-and-ports/marine-sanitation-devices-msds (last visited
March 19, 2025). BILL: SB 1388 Page 3
Safety and Marine Sanitation Equipment Inspections
FWC’s Division of Law Enforcement and other law enforcement officers
11
are responsible for
enforcing state laws relating to vessel safety and vessel titling and registration.
12
As part of this
responsibility, law enforcement officers may inspect all vessels on waters of the state.
13
Law enforcement officers’ authority to conduct inspections of safety and marine sanitation
equipment aboard vessels is qualified in statute.
14
When an owner or operator is aboard a vessel,
law enforcement officers may board the vessel either with the consent of the owner or operator
or if the officer has probable cause
15
or knowledge to believe that a violation of vessel safety law
has occurred or is occurring.
16
However, an officer may not board any vessel for a safety and
marine sanitation equipment inspection if the owner or the operator is not aboard the vessel. If an
officer requests to perform an inspection of the vessel and the operator refuses or is unable to
display the safety or marine sanitation equipment, the officer may board the vessel. Additionally,
an officer may board the vessel if the safety or marine sanitation equipment is permanently
installed and is only visible if the officer is on board the vessel.
17
After the vessel operator demonstrates compliance with the safety equipment carriage and use
requirements during an officer-initiated safety inspection, the operator will receive a safety
inspection decal signifying that the vessel has met the requirements.
18
FWC may designate an
expiration date for the decals by rule, however the expiration must be valid for at least one year
and not more than five years. All decals issued by FWC on or before December 31, 2018, are no
longer valid after that date.
19
The safety inspection decal is not required to be displayed.
20
However, if it is displayed, it must
be placed within six inches of a vessel’s properly displayed vessel registration decal. If the decal
is displayed on a nonmotorized vessel that does not need to be registered, the decal must be
placed above the waterline on the forward half of the vessel’s port side.
21
A law enforcement
officer may not stop a vessel with a properly displayed and valid safety inspection decal for the
sole purpose of inspecting the vessel for compliance with the safety equipment carriage and use
11
Law enforcement agencies or officers specified in section 327.70, F.S., include FWC’s Division of Law Enforcement and
its officers, sheriffs and their deputies, municipal police officers, and any other law enforcement officer defined in section
943.10, F.S. As defined in section 943.10(1), F.S., a law enforcement officer is any person elected, appointed, or employed
full time by any municipality or the state or any political subdivision thereof who is vested with the authority to bear arms
and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal,
criminal, traffic, or highway laws of the state.
12
Section 327.70(1), F.S.
13
Id.
14
Section 327.56(1), F.S.
15
The probable cause standard is incapable of precise definition, as it deals with probabilities and depends on the totality of
the circumstances. Generally, probable cause exists when a reasonable inquiry would cause a reasonably intelligent and
prudent person to believe in the truth of a particular set of facts. Maryland v. Pringle, 540 U.S. 366 (2003).
16
Id.
17
Id. Safety and marine sanitation equipment inspections of floating structures must be completed in accordance with
inspections of certain facilities, rather than vessels. See section 403.091, F.S.
18
Section 327.70(2)(a)1., F.S.
19
Id.
20
Section 327.70(2)(a)2., F.S.
21
Id. BILL: SB 1388 Page 4
requirements, unless the officer has a reasonable suspicion
22
that a violation of the safety
equipment carriage or use requirements has occurred or is occurring.
23
This does not restrict an
officer from stopping a vessel for any other lawful purpose.
24
Boating Restricted Areas
Under Florida law, boating-restricted areas, including, but not limited to, restrictions of vessel
speeds and vessel traffic, may be established on the waters of this state for any purpose necessary
to protect the safety of the public if such restrictions are necessary based on boating accidents,
visibility, hazardous currents or water levels, vessel traffic congestion, or other navigational
hazards or to protect seagrasses on privately owned submerged lands.
25
FWC may establish boating-restricted areas by rule.
26
Municipalities and counties may establish,
by ordinance, boating-restricted areas for speed and wake restrictions and for safety reasons.
27
Municipalities and counties may also establish vessel-exclusion zones if the area is:
• Reserved as a canoe trail,
• Limited to vessels under oars or sail, or
• Reserved for a particular activity and user group separation is needed to protect the
participants.
28
Lease of Sovereignty Submerged Lands by Boating Facilities
Sovereignty submerged lands are owned by the state and include, but are not limited to, tidal
lands, islands, sand bars, shallow banks, and lands waterward of the ordinary or mean high water
line
29
that lay beneath navigable fresh water or tidally influenced waters.
30
Title to sovereignty
submerged lands is vested in the Board of Trustees of the Internal Improvement Trust Fund,
31
which is authorized to administer all state-owned lands, including by leasing sovereignty
submerged lands.
32
22
Reasonable suspicion takes into account the totality of the circumstances; it is more than a hunch, is considerably less than
a preponderance of the evidence, and is obviously less than what is necessary to meet the probable cause standard. Navarette
v. California, 134 S.Ct. 1683, 1687 (2014) (citing U.S. v. Cortez, 101 S.Ct. 690 (1981); Terry v. Ohio, 88 S.Ct. 1868 (1968);
and U.S. v. Sokolow, 109 S.Ct. 1581 (1989).)
23
Section 327.70(2)(b), F.S.
24
Id.
25
Section 327.46(1), F.S.
26
Section 327.46(1)(a), F.S. These areas are established in Rule 68D-24, F.A.C.
27
Section 327.46(1)(b), F.S.
28
Section 327.46(1)(c), F.S.
29
The mean high water line is the intersection of the local elevation of mean high water with the shore. Mean high water is
calculated by taking the average height of high tides over a 19-year period. The mean high water line along the shore of land
immediately bordering navigable waters is the boundary between the foreshore owned by the State of Florida and the
uplands, which may be privately owned. Chapter 18-21.003(38)-(39), Fla. Admin. Code.
30
Chapter 18-21.003(67), Fla. Admin. Code.
31
The Board of Trustees of the Internal Improvement Trust Fund is comprised of the Governor, the Attorney General, the
Chief Financial Officer, and the Commissioner of Agriculture. Section 352.02(1), F.S.
32
Section 253.03(1), (6), and (7), F.S. The Florida Constitution allows for the private use of portions of sovereignty
submerged lands, but only when not contrary to the public interest. FLA. CONST. art. X, s. 11. BILL: SB 1388 Page 5
The Board of Trustees is authorized in statute to lease sovereignty submerged lands for marinas,
boatyards, mooring fields, and marine retailers.
33
A marina, boatyard, or marine retailer
designated by the Department of Environmental Protection as a Clean Marina, Clean Boatyard,
or Clean Marine Retailer under the Clean Marina Program may be eligible for a ten percent
discount on its annual fee for a sovereign submerged lands lease if the facility:
• Actively maintains designation under the program,
• Complies with the terms of the lease, and
• Does not change use during the terms of the lease.
34
The facility may also be eligible for a waiver of its extended-term lease surcharges if the facility:
• Actively maintains designation under the program,
• Complies with the terms of the lease,
• Does not change use during the terms of the lease, and
• Is available to the public on a first-come, first-served basis.
35
If the facility is in arrears on lease fees or does not comply with the eligibility requirements for a
waiver of the extended-term lease surcharges, the facility will not be eligible for the discount or
waiver until arrears have been paid and compliance with the program has been met.
36
An extended-term lease is available for up to 25-year terms.
37
A one-time surcharge will be
added to the extended-term lease fee for most extended-term leases.
38
Clean Marina Program
The Clean Marina Program is a voluntary designation program that incentivizes marinas,
39
boatyards,
40
and marine retailers
41
to incorporate best management practices in their operations.
42
These best management practices address issues like sensitive habitats, invasive species, waste
management, stormwater control, water and air pollution, spill prevention, and emergency
preparedness.
43
33
Section 253.0346, F.S.
34
Section 253.0346(3), F.S.
35
Id. “First-come, first served” means that the facility operates on state-owned submerged land for which there is no club
membership, stock ownership, equity interest, or other qualifying requirement and rental terms do not exceed 12 months and
do not include automatic renewal rights or conditions. Section 253.0346(1), F.S.
36
Section 253.0346(3)(c), F.S.
37
Chapter 18-21.008(2), Fla. Admin. Code.
38
Chapter 18-21.011(1)(b), Fla. Admin. Code.
39
A marina is a docking facility with ten or more boat slips or a docking facility that provides marine supplies or services
required for boating, including but not limited to: dry storage, boat repair, gas, oil, boat sales, boat testing, shellfish or finfish
harvesting or distribution, or facilities associated with certain other boating-related commercial establishments. DEP, Clean
Marina Program, https://floridadep.gov/rcp/clean-marina/content/clean-marina-program (last visited March 4, 2025).
40
A boatyard is a facility that provides a repair or refinishing site for hull, mechanical, or electrical work on vessels. Id.
41
A marine retailer sells new or used boats and provides services like onsite or offsite repairs or refinishing for hull,
mechanical, or electrical work. Id.
42
DEP, Florida Clean Marina Best Management Practices, 2 (2020), available at
https://floridadep.gov/sites/default/files/2020_Florida_Clean_Marina_Best_Management_Practices.pdf.
43
See DEP, Florida Clean Marina Best Management Practices; DEP, Clean Marina Program. BILL: SB 1388 Page 6
The program also provides compliance assistance and education on storm readiness through the
Clean and Resilience Program.
44
In order to obtain the designation of Clean Marina, Clean
Boatyard, or Clean Marine Retailer, facilities must meet all of the Florida Department of
Environmental Protection’s regulatory requirements and implement at least 60 percent of the best
management practices.
45
Fuel Tax Collection Trust Fund
FWC is authorized to develop and administer competitive grant programs funded with money
transferred pursuant to the Fuel Tax Collection Trust Fund requirements.
46
These grants may be
awarded for:
• The construction and maintenance of publicly owned boat ramps, piers, and docks;
• Boater education;
• Deployment of manatee technical avoidance technology; and
• Economic development initiatives that promote boating in the state.
47
The Fuel Tax Collection Trust Fund requires an annual disbursement of $2.5 million to FWC’s
State Game Trust Fund for recreational boating activities and freshwater fisheries management
and research.
48
Of those funds, a minimum of $1.25 million must be used to fund local projects
to provide recreational channel marking and other uniform waterway markers, public boat ramps,
lifts and hoists, marine railways, and other public launching facilities, derelict vessel removal,
and other local boating-related activities.
49
The remaining $1.25 million may be used for
recreational boating activities and freshwater fisheries management and research.
50
III. Effect of Proposed Changes:
Section 1 provides that this act is the “Boater Freedom Act.”
Section 2 amends s. 327.02, F.S., to provide that “probable cause” does not include any action to
make a safety or marine sanitation equipment inspection.
Section 3 amends s. 253.0346, F.S., concerning the lease of sovereignty submerged lands for
marinas, boatyards, mooring fields, and marine retailers. The bill provides that a facility
designated as a Clean Marine Manufacturer under the Clean Marina Program will be eligible for
a ten percent discount on its annual lease of sovereignty submerged lands, as well as a waiver of
its extended-term lease surcharge, if it meets certain criteria. Facilities designated as Clean
Marinas, Clean Boatyards, or Clean Marine Retailers are already eligible under current law.
Section 4 amends s. 327.47, F.S., which authorizes the Florida Fish and Wildlife Conservation
Commission (FWC) to develop and administer competitive grants programs funded by the Fuel
44
DEP, Clean Marina Program.
45
Id.
46
Section 327.47, F.S.
47
Id.
48
Section 206.606(1)(b), F.S.
49
Id.
50
Id. BILL: SB 1388 Page 7
Tax Collection Trust Fund. The bill provides that, in addition to what is currently authorized,
grants may be awarded for the construction and maintenance of parking for boat-hauling vehicles
and trailers.
Section 5 amends s. 327.56, F.S., which concerns safety and marine sanitation equipment
inspections. Current law prohibits an officer from boarding a vessel to perform a safety or marine
sanitation equipment inspection if the owner or operator is not aboard the vessel. However, if the
owner or operator is aboard the vessel, an officer may board when the officer has probable cause
or knowledge to believe that a violation of vessel safety laws has occurred or is occurring.
The bill allows an officer to board a vessel if the owner or operator is not aboard the vessel,
however, it requires officers to make a good faith effort to avoid boarding in that situation. The
bill provides that, regardless of whether the owner or operator is aboard the vessel, an officer
may board or perform a vessel stop when the officer has probable cause or knowledge to believe
that a violation of vessel safety laws has occurred or is occurring.
The bill further provides that a violation of safety and marine sanitation equipment requirements
may only be considered a secondary offense, rather than a primary offense.
The bill also removes language authorizing a law enforcement officer to board a vessel when the
operator refuses or is unable to display the safety or marine sanitation equipment required by law
if the officer requests the operator to do so. It removes language authorizing an officer to board a
vessel when the safety or marine sanitation equipment to be inspected is permanently installed
and not visible for inspection unless the officer is aboard the vessel. The bill further removes the
requirement that compliance inspections of floating structures must be done in accordance with
the requirements for inspections of certain facilities, rather than vessels.
51
Section 6 amends s. 327.70, F.S., to require FWC to coordinate with the Florida Department of
Highway Safety and Motor Vehicles to create a “Florida Freedom Boater” safety inspection
decal that will be issued following the demonstration of compliance with safety equipment
carriage and use requirements at the time of registration or renewal. The decal will signify that a
vessel is deemed to have met safety equipment carriage and use requirements.
The bill removes language providing that all decals issued by FWC on or before December 31,
2018, are no longer valid after that date.
The bill requires the display of the “Florida Freedom Boater” safety inspection decal.
The bill deletes language prohibiting an officer from stopping a vessel displaying a valid safety
inspection decal for the sole purpose of inspecting the vessel for compliance with safety
equipment carriage and use requirements unless there is reasonable suspicion that a violation of
51
See section 403.091, F.S., which provides that any duly authorized representative of the Florida Department of
Environmental Protection may enter and inspect any property, premises, or place (except for a private residence) on or at
which the following facilities or structures are located or are being constructed or installed or where certain records are kept:
a hazardous waste generator, transporter, or facility or other air or water contaminant source; a discharger; any facility
containing underground stationary tanks that contain hazardous substances or pollutants and with a specified storage
capacity; or a resource recovery and management facility. BILL: SB 1388 Page 8
such requirements has occurred or is occurring. The bill provides that a law enforcement officer
is not restricted from stopping a vessel for any lawful purpose when the officer has probable
cause or knowledge to believe that a violation has occurred or is occurring.
Section 7 creates s. 327.75, F.S., which may be cited as the “Watercraft Energy Source Freedom
Act.” The bill defines “energy source” to mean any source of energy used to power a watercraft,
including, but not limited to, gasoline, diesel fuel, electricity, hydrogen, and solar power. It also
defines “watercraft” to mean any vessel or craft designed for navigation on water, including
boats and personal watercraft.
The bill prohibits a state agency, municipality, government entity, or county from restricting the
use or sale of a watercraft based on the energy source used to power the watercraft. This includes
an energy source used for propulsion or used for powering other functions of the watercraft.
Section 8 provides that if any provision of this act or its application to any person or
circumstance is held invalid, the invalidity must not affect the remaining provisions or
applications of this act that can be given effect without the invalid provision or application.
52
Section 9 provides an effective date of July 1, 2025.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
52
This is a severability clause. If a part of a statute is constitutionally invalid, a court may sever the valid portion and allow
that part of the law to stand, regardless of whether the statute contains a severability clause. However, if the otherwise valid
provisions are so connected with the invalid provision so that it indicates the Legislature intended the provisions to operate as
a whole, a court may device that severability is impossible and invalidate the whole statute. See Fla. Hosp. Waterman, Inc. v.
Buster, 984 So. 2d 478, 493-494 (Fla. 1978); see State ex rel. Boyd v. Green, 355 So. 2d 789, 794-795 (Fla. 1978). BILL: SB 1388 Page 9
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
Indeterminate.
C. Government Sector Impact:
Indeterminate.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 327.02, 253.0346, 327.47, 327.56, and 327.70 of the
Florida Statutes.
This bill creates section 327.75 of the Florida Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.