By Rich Pollack
Boaters will be less likely to have an encounter with law enforcement come July as the result of Florida’s new Boater Freedom Act.
Currently law enforcement officers can stop boats to conduct safety and marine sanitation inspections without having evidence that a violation of the law has taken place.
Under the new legislation, officers will need to have reason to believe that vessel safety laws have been violated. A violation of marine safety laws may only be considered a secondary offense.
State Rep. Peggy Gossett-Seidman, R-Boca Raton, a boater, says that there was a belief, especially among longtime responsible boaters, that some of the inspections were unnecessary.
“The overwhelming feeling is that there were probably too many random stops,” said Gossett-Seidman, who voted for the law. “Now the focus is on real rule breakers.”
Under the provisions of the law, marine officers will have the authority to inspect for the necessary safety equipment and licenses should a boat be stopped for another violation.
The required equipment includes engine cut-off switches, personal flotation devices, visual distress signals, fire extinguishers, and backfire flame controls.
The proper number of life vests is one of the priorities, and Florida law also requires that all children under 6 must wear a personal flotation device.
While the effect of the law will not be felt for several months, leaders of at least one local law enforcement agency say they don’t expect major changes in the way the marine unit operates.
“The new law won’t have a big impact because our focus is on speed reduction education and manatee zone enforcement,” said Highland Beach Police Chief Craig Hartmann.
The town’s marine unit, he said, will continue to educate boaters on safety requirements and perform inspections if a boat is stopped for speeding or other violations.
In addition to requiring probable cause before an inspection can take place, the law will require the Florida Fish and Wildlife Conservation Commission to create Florida Freedom Boater decals that can be placed on a boat that has completed a safety inspection.
The decal, Gossett-Seidman said, will let law enforcement and others know that the operator is a responsible boater.
“This is very decent legislation,” she said.
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