Latest news with #BoaterFreedomAct
Miami Herald
2 hours ago
- Politics
- Miami Herald
Florida's new ‘Boater Freedom Act' could be boon for illegal poachers, critics say
A measure prohibiting vessel searches that stem from safety inspections on the water is among a slew of laws to be enacted in Florida this week. It halts a long-running practice in which state and local marine law enforcement could stop boaters and board their vessels without probable cause. Gov. Ron DeSantis says long-standing vessel searches have 'unnecessarily created friction' between boaters and law enforcement. The governor signed the bill, which he has dubbed the Boater Freedom Act, at a May news conference in Panama City Beach. 'If you're walking down the street, law enforcement can't just go up to you and stop you and search you,' DeSantis said. 'But, yet, on the water, that really isn't the case.' Opponents of the measure say it takes away a major tool for enforcing fishing rules and deterring poachers — random cooler searches. They worry that fish populations carefully monitored by state biologists could subsequently dwindle. DeSantis and state Sen. Jay Trumbull, a Panama City Republican who sponsored the bill, have said they expect a different outcome. They predict law enforcement will be free to spend more time and resources going after the few bad actors who are boating recklessly and endangering others on the water. 'It's about trusting the vast majority of Floridians who are doing the right thing and letting law enforcement officers focus on those who are truly violating the law,' Trumbull said at the same news conference. 'We're not removing oversight. We're reinforcing fairness.' 'Bag limits are irrelevant' under law For Matt DePaolis, the environmental policy director for the Sanibel-Captiva Conservation Foundation in Southwest Florida, the new law favors boaters' rights over protection of the state's marine ecosystem. 'It's a real worry that it will be much easier to get away with poaching now, because it is very difficult to catch someone in the act,' DePaolis said. 'Having the ability to go and do a quick check seemed like an important enforcement mechanism.' The Florida Fish and Wildlife Conservation Commission, a state agency tasked with managing fish populations by setting catch limits and season lengths, is also responsible for upholding those rules through its law enforcement arm. The agency has endorsed DeSantis' initiative and is expected to issue guidance on the new law. Capt. Matthew DallaRosa, a supervisor for the wildlife agency's Tampa Bay area branch, said he isn't concerned that the law will impede officers' ability to enforce marine rules. 'We've always conducted regulatory inspections,' DallaRosa said. 'We've adjusted to a million changes. I don't see any significant impact.' DePaolis said he would expect the wildlife agency to reduce bag limits if biologists observe a decline in populations. 'If they feel confident that they're able to correctly manage fishery stocks even with this bill, that's great,' he said. 'But I would still be worried that this is an important tool in managing healthy fisheries and stopping poaching that is now being taken away.' Alan S. Richard, a former captain for the wildlife commission and maritime law adjunct professor at Florida State University, recalled one safety inspection he conducted in 1984. He was relieving another officer from his post when he saw a boat spot their patrol vessel and sharply turn away, cutting across the flats where it could have easily run aground. That maneuver wasn't illegal, but it was suspicious, Richard said. He stopped the boater and waited for backup to arrive. Under the deck, U.S. Customs and Border Protection officers found 486 pounds of cocaine. 'That just wouldn't have happened under this new law,' he said. Richard called the measure an 'abomination' and said he expects it will be repealed in a future legislative session after lawmakers realize their mistake. He was careful not to speculate on how the wildlife agency and county courts will interpret the law but said it would make officers' jobs more difficult — whether that be upholding public safety, busting drug runners or catching poachers. The law undermines the state's conservation efforts, Richard added. 'Bag limits are irrelevant if you can't stop a boat and check them,' he said. Private lawyers who defend those accused of fishing violations expect to see fewer charges filed and even fewer that stick. 'We've had clients where ... they've caught something they shouldn't,' said Ranger Jackson, a Pinellas criminal defense attorney. 'And if this law was in effect, that wouldn't have gotten off the ground.' But Jackson said fears that the law gives boaters 'carte blanche' to catch 'whatever illegal fish you want' are unfounded. 'If you're violating law, if your registration isn't up to date, if you're violating the wake zones, if you're anchored to something that you're not supposed to be, then you can still run into problems,' he said. The search law also seems to apply only to enforcement on the water. It's likely that wildlife officers would keep the power to conduct random searches on boaters returning to public boat ramps as well as those fishing from shore, Jackson said. 'There's guardrails that are in effect,' he said. Springs, seagrass threatened Environmental groups have taken issue with other parts of the law, including language that raises the bar for creating protection zones for springs that impose restrictions on speed, anchoring, mooring, beaching and grounding boats. Under previous rules, the wildlife agency must prove recreational boat use is harming a sensitive spring area to limit boating there. The law will make it so the agency must now prove there is 'significant harm' and that boating is the main cause of that damage. It has already cast a chilling effect over consideration of a protection zone at one north Florida spring after the wildlife agency pulled its proposal in the wake of the legislation. Other parts of the law preempt local governments from banning 'the sale or use' of gas-powered boats. DeSantis cited a California rule — blocked by the Senate in May — that seeks to phase out the sale of new gasoline-powered cars by 2035. DePaolis, the environmental policy director, said he's worried the law could be stretched to do away with boat engine restrictions on environmentally sensitive land like manatee zones, seagrass beds and bird rookeries. 'If you're saying now that you can't differentiate between energy sources, then it seems like you can't make a canoe or kayak or paddle or sailing-only area,' he said. 'So now it's really going to restrict the ability of recreation.' It's the vague language of the bill and its uncertain implications for fisheries and conservation that gives DePaolis pause. 'Boating is about freedom. Florida is about freedom. It's great to not have to worry about the cops breathing down your neck,' he said. 'But at the same time, our environment is a shared resource, and we have tools to manage it. Until we are managing it effectively, we need to be able to utilize those tools.'
Yahoo
26-05-2025
- Politics
- Yahoo
‘You can't do anything about it': Memorial Day boaters looking forward to the end of safety stops
Thousands of locals are hitting the water this Memorial Day, and at least for now, their boats can be stopped for safety checks without probable cause. But boaters will soon be able to breathe a little easier thanks to a new state law set to take effect on July 1st and some law enforcement agencies have already ceased safety check stops ahead of the law's effective date. For boaters like Garrett League and Dylan Batsch, the occasional unprovoked encounter with FWC or other law enforcement officials while out on the water is a familiar occurrence. 'They just kind of roll up and they hop on your boat and you can't do anything about it,' said League. And while they said their experiences didn't lead to any arrests or unrelated citations, they did say something just doesn't feel right about random stops for safety checks. 'So, I mean, it's a little unfair cause when you get pulled over by the police, you're speeding or you roll a stop sign, so it's a little different,' said League. But soon, those safety stops will be a thing of the past. One of Governor Ron DeSantis' top priorities this legislative session was the so-called 'Boater Freedom Act', which only allows law enforcement to stop boats if there's probable cause. >>> STREAM ACTION NEWS JAX LIVE <<< [DOWNLOAD: Free Action News Jax app for alerts as news breaks] 'And you may have probable cause to suspect something, and then it may turn out that things are fine. That's kind of the way it goes, but to just go in without any basis is not the way we want to do it,' said DeSantis during the May 19th bill signing. While the law doesn't technically take effect until July 1st, some law enforcement agencies like the Jacksonville Sheriff's Office are already complying with it. When we asked FWC whether it had ceased safety check stops, a spokesperson didn't answer directly. 'During Memorial Day weekend and throughout the year, FWC officers play a vital role in protecting lives by promoting safe boating practices, fostering a culture of responsible behavior on the water and ensuring compliance with the law,' the FWC spokesperson told Action News Jax in an emailed statement. For League and Batsch, they're just happy to know going forward they'll be able to enjoy the water without an unexpected run-in with the law when they're not doing anything wrong. 'It's kind of like driving a car. Like, you know, if you're not doing something wrong, you shouldn't be pulled over. You know what I'm saying?' said Batsch. Under the new law, FWC will begin issuing Florida Freedom Boater decals that will show vessels are in compliance with all safety requirements. Those tags will be good for anywhere between one and five years. [SIGN UP: Action News Jax Daily Headlines Newsletter]
Yahoo
22-05-2025
- Yahoo
Davenport man fatally shoots adult stepson after 9-year-old pulls gun from drawer: police
DAVENPORT, Fla. (WFLA) — A stepfather was accused of killing his adult stepson in Davenport on Wednesday. The Davenport Police Department was called to a home on Citrus Landing Boulevard at 7:10 p.m. for a reported domestic incident and shooting. 'Boater Freedom Act' will change laws on the water, starting in July Police said Kelly Agar Garcia, 43, and his wife Adriane Daza, 48, were in their home with Daza's adult son, Azareel Martinez, 26, and two children ages 9 and 11, at the time of the shooting. The incident began when Daza learned the 9-year-old boy was playing the video game Fortnite, which was forbidden, and decided to discipline him by taking his cellphone away. The boy became upset and grabbed a handgun from a nightstand drawer in Daza's bedroom. Garcia and Daza struggled with the 9-year-old over the gun and it ultimately ended up in Garcia's hands. Martinez entered the room to find the 'agitated' child and Garcia holding the gun. The two men got into an argument that resulted in Garcia shooting his stepson several times in the chest and abdomen, Davenport police said. Garcia pursued Martinez as he left the bedroom and shot him twice more in the back, according to police. Martinez was taken to the hospital, where he died. Garcia was charged with second-degree murder and unlawful storage of a firearm (accessible to a minor). He was booked into the Polk County Jail, where he remained Thursday. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
Yahoo
22-05-2025
- Politics
- Yahoo
Boater Freedom Act takes effect July 1, easing inspections for Florida boaters
'Boating in Florida will soon be more enjoyable with new liberties on the water thanks to the new Boater Freedom Act.' Gov. Ron Desantis signed the act into law on Monday. The law limits law enforcement agencies to conducting random boat inspections. It passed with majority support from lawmakers and officially starts July 1. Boaters, like Adam Pollett, is ready to bet out on the water feeling a bit relaxed. 'I can sit back and have a cigar and just get out there and fish,' he said. 'Everything else doesn't matter.' But he does worry that this could lead to people not being a safe as they should be. Some critics fear it could also harm the ecosystem, which they say is already fragile. According to the FWC, Florida had more than one million registered vessels last year. Now those boaters are gaining more freedom. Dsantis said the law is a win win for both boaters and law enforcement. 'I think by this legislation protecting you against suspicion less searches,' DeSantis said. 'it actually will be a better allocation of resources, not just for FWC, but also for the other local law enforcement agencies who are really important in keeping our people safe.' Freedom Boat Club Boat Capt. Charles Beardsley said safety is key, especially with the new law. In Florida, boats need specific safety equipment depending on their size and use. The vital items are: personal flotation devices, fire extinguishers, visual distress signals, and sound-producing devices. 'And remember everything slow is pro,' Beardsley said. 'You don't want to be speeding out there, especially if you are approaching another boat or dock. Go slow.' 'And you need to make sure you are properly trained. You won't know if you are doing something wrong if you aren't properly trained. ' The law includes a new inspection decal program. Now, when registering your boats, you will receive a decal as long as you pass a safety and sanitation inspection. It also prevents state and local officials from restricting the sale or use of boats based on energy source. 'That all sound great to me,' said Pollett. 'Good job.' The Boater Freedom Act take effect July 1. Click here to download our free news, weather and smart TV apps. And click here to stream Channel 9 Eyewitness News live.
Yahoo
21-05-2025
- Politics
- Yahoo
‘Boater Freedom Act' will change laws on the water, starting in July
TAMPA, Fla., (WFLA) — Starting in July, the Florida Fish and Wildlife Conservation Commission will no longer be allowed to randomly board your boat while out on the water. A law limiting vessel boardings was signed by the governor Monday. DeSantis: Florida 'due for a break' this hurricane season The 'Boater Freedom Act' will change up laws on the water and hopefully smooth tensions between boaters and law enforcement. It's no secret boating is huge for Floridians and people who visit the state. Governor Ron DeSantis said he wants to make sure Florida remains the boating capital. 'We are the top boating state; we consistently rank number one in marine expenditures and boat registrations. We have over 900,000 boat registrations as of 2023 and probably higher now,' he said. As we see more boaters and tourists getting on the water, DeSantis signed a new law that will ease what he calls tension between boaters and law enforcement officers. The 'Boat Freedom Act' states law enforcement will no longer be able to pull a boat over without probable cause or a suspected violation. Currently, during these stops, officers are allowed to conduct inspections like personal property searches, which the governor said can lead to further law enforcement action beyond safety compliance. In a presser, DeSantis used the example that if you are walking down the street, you cannot be stopped and searched without probable cause. So, he said, it should be the same on the water. 'If there's a basis to intervene, that's one thing and you may have probable cause to suspect something and it may turn out that things are fine, that's the way it goes,' Governor DeSantis said. 'But to just go in without any basis is not the way we want to do it in the state of Florida, and I think it has unnecessarily caused friction between the boating community and some folks in law enforcement.' The bill also prevents local governments from banning the use or sale of gas-powered boats. The act will take effect starting this July. Copyright 2025 Nexstar Media, Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.
