A Major Change in Boating Law Took Effect July 1, 2025
Florida’s waters are known for their beauty—and for being heavily patrolled. For years, law enforcement had wide authority to stop boats for so-called “safety checks,” even without probable cause or reasonable suspicion. But that era is over.
With the passage of the Boater Freedom Act, effective July 1, 2025, Florida law now limits the power of law enforcement to stop vessels without a valid reason.
This is a significant shift in favor of boaters’ constitutional rights, and it may also play a critical role in defending against boating-related DUI charges.
What Changed Under the Boater Freedom Act?
Previously, Florida law allowed officers from the FWC (Florida Fish and Wildlife Conservation Commission), sheriff’s departments, and other agencies to stop a vessel at any time under the guise of conducting a “safety or welfare check.”
Now, law enforcement may no longer stop your boat randomly—without probable cause, reasonable suspicion, or a visible violation— if your vessel displays proof of a recent safety inspection.
The statute now provides that:
- Officers must have cause to conduct a stop (such as observing a violation or signs of impairment),
- If you have a valid safety inspection decal clearly displayed on your boat, officers cannot initiate random stops for safety or welfare checks.
This is a clear win for boating freedom and Fourth Amendment protections.
How to Obtain the Boating Safety Inspection Decal
To enjoy the protections of the new law, you must take one important step: voluntarily request a vessel safety inspection. Here’s how:
- Schedule an inspection through FWC or the U.S. Coast Guard Auxiliary.
- Ensure your vessel complies with all safety requirements (life jackets, fire extinguishers, signaling devices, etc.).
- Upon passing, you’ll receive a compliance decal.
- Affix the decal where it’s clearly visible—this is your ticket to avoid random stops.
Without the decal, you’re still subject to random checks under the traditional framework.
Why This Matters for DUI Defense
Many boating under the influence (BUI) cases in Florida begin with a “routine safety check” that turns into a criminal investigation. The officer claims to smell alcohol, suspects impairment, and administers field sobriety exercises—often with questionable reliability on the water.
Now, if a vessel has a valid inspection decal, a BUI stop based solely on a safety check may be challenged as unconstitutional.
An experienced defense attorney can now argue that:
- The stop was unlawful under the Boater Freedom Act,
- Any evidence collected (like field sobriety test results or breath samples) should be suppressed,
- The case should be dismissed or reduced due to the illegal stop.
Navigating the Law in Pinellas County Waters
If you’ve been charged with BUI or any other boating-related offense, your defense may now include constitutional arguments under the new statute. But to use these effectively, you need an attorney who not only knows the law but understands how local judges and prosecutors interpret it.
At Fletcher + Fletcher, we serve clients throughout St. Petersburg and the Pinellas County coast, and we’re ready to defend your rights on land—or at sea.
Want to Learn More About DUI, BUI, and Criminal Law in Florida?
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Take Control of Your Case Today
If you or someone you know has been stopped on the water and charged with BUI, you may now have a strong defense. Let us review the facts and determine whether the stop violated the Boater Freedom Act.
Call Fletcher + Fletcher today for a confidential case evaluation. We’re here to help you navigate Florida’s waters—safely and legally.
