Florida’s Boater Freedom Act, Senate Bill 1388, took effect July 1, 2025, and it changed the rules for when law enforcement can stop or board a boat. For anyone on Miami-Dade’s waterways facing a boating under the influence charge, or worried about one, the change matters far beyond the water itself. A stop that does not meet the new standard can affect what evidence is admissible in court.
What is Florida’s Boater Freedom Act?
The Boater Freedom Act prohibits a law enforcement officer from stopping or boarding a vessel without probable cause or reasonable suspicion that a violation of vessel safety laws has occurred or is occurring. This applies regardless of whether the owner or operator is on board. Before this law, officers could conduct random safety inspections with no specific reason at all. See our full Legal Terms Glossary for how probable cause and reasonable suspicion differ as legal standards.
Can FWC or police still stop a boater for suspected BUI?
Yes. FWC and marine law enforcement can still stop a vessel when there is an actual, articulable reason, including erratic operation, a visible safety violation, or other indicators consistent with impairment. The change applies specifically to routine safety or marine sanitation equipment checks conducted with no other basis; those can no longer serve as the sole reason for a stop.
Does the Boater Freedom Act apply to the Coast Guard?
No. The Boater Freedom Act is a Florida state law, and it has no effect on the United States Coast Guard or U.S. Customs and Border Protection, both of which operate under federal authority. The Coast Guard can still stop a vessel and conduct a safety inspection without the probable cause the Boater Freedom Act now requires of Florida agencies like FWC and local marine patrol. Anyone signaled by a Coast Guard vessel should still comply with the stop.
Does the Boater Freedom Act apply to jet skis and other personal watercraft?
Yes. Jet skis, WaveRunners, and other personal watercraft are legally classified as vessels under Florida law and are subject to the same boating statutes as any other boat, including the Boater Freedom Act’s probable cause requirement and Florida’s BUI law. Given how much personal watercraft traffic Miami-Dade waterways see, this matters for a large share of local boaters, not just those operating traditional boats.
What changed for safety and marine sanitation equipment violations?
Under the Boater Freedom Act, a violation of safety equipment or marine sanitation equipment requirements can only be treated as a secondary offense. That means an officer cannot stop a vessel for that reason alone. The violation can only be cited if the vessel was already lawfully stopped for another, independent reason.
What are the penalties for a first BUI conviction in Florida?
A first BUI conviction in Florida is a misdemeanor carrying a fine between $500 and $1,000, up to six months in jail, and a period of probation. Courts also require completion of a boating safety course, and vessel impoundment is common. Penalties increase if the blood alcohol level was 0.15 percent or higher, if a minor was on board, or on any subsequent offense, where a third conviction within ten years becomes a third-degree felony.
Can I be charged with BUI if my boat was not moving?
Yes. Florida applies the same actual physical control principle to BUI that it applies to DUI. A person can be charged with boating under the influence even if the vessel was anchored or docked, if they were in a position to operate it while impaired. Whether someone was in actual physical control at the time is often a contested issue in these cases.
How does an improper stop affect a BUI case?
This is where the Boater Freedom Act intersects directly with criminal defense. A boating under the influence charge, like a DUI charge on the road, depends on everything that happens from the moment of the stop forward. If a vessel was stopped or boarded without the probable cause or reasonable suspicion the Boater Freedom Act now requires, that stop can be challenged through a motion to suppress. If the motion succeeds, evidence gathered as a result of the unlawful stop, including field sobriety observations, breath or blood test results, and statements made to the officer, can be excluded from the case entirely. Losing that evidence often leaves the state with a substantially weaker case, and in some cases no case at all.
What is the Florida Freedom Boater decal?
The Boater Freedom Act directs the Florida Fish and Wildlife Conservation Commission and the Department of Highway Safety and Motor Vehicles to create a five-year safety inspection decal, issued once a vessel demonstrates compliance with safety equipment carriage and use requirements. The decal program is intended to reduce the number of routine equipment stops boaters face once they have already shown compliance.
What should I do if I am facing a BUI charge in Miami-Dade?
The circumstances of the stop itself are often the first thing worth examining in a BUI case. Whether the officer had the probable cause or reasonable suspicion the Boater Freedom Act requires can shape what evidence the state is able to use, and Miami-Dade’s waterways see significant marine patrol activity during peak boating season. See our DUI and Traffic Defense page for how these cases are handled.
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