A Evaluation of the 2025 Legislative Session: Vessel Security Stops, Vitality Supply Regulation, Springs Safety, and Lengthy-Time period Anchoring – Cyber Tech

Florida’s boaters and waterways obtained appreciable consideration within the 2025 legislative session.  Probably the most important of those is SB 1388, a wide-ranging invoice that addresses vessel stops, security and marine sanitation enforcement, vessel power supply regulation, and is derived safety. Different payments of curiosity embrace SB 164 and HB 481, which deal with the lengthy simmering challenge of long-term anchoring in more and more crowded waterways and preemptive approaches to vessels susceptible to changing into derelict.  Lastly, HB 735 expands Florida’s standard clear marina program to incorporate marine producers; it additionally gives communities with further alternatives for water entry funding via grant applications administered by the Florida Fish and Wildlife Conservation Fee (FWCC). These reforms all amend Chapter 327 of the Florida Statutes, which, together with Chapter 328, function the first authorized framework for regulating Florida’s boating and waterways.  

CS/SB 1388: Vessels 

A precedence of the Governor, SB 1388 (signed into regulation as Ch. 2025-35) expands the rights of Florida boaters. It limits the power of regulation enforcement officers to cease a vessel and examine it for satisfactory security and marine sanitation gear. The brand new regulation additionally prohibits each the state and native governments from regulating vessels based mostly on the power supply that propels them. Moreover, it units the next bar for designating springs safety zones and gives extra nuanced authority to manage boating exercise in these zones, as a substitute of merely prohibiting it.   

Security Stops  

Part 2 of the brand new regulation modifies Part 327.56, F.S., entitled Security and Marine Sanitation Tools Inspections.  Beforehand, an officer may randomly cease any vessel to carry out a security and marine sanitation gear inspection.  These had been informally known as “security stops.”  If the proprietor or operator of the vessel didn’t then voluntarily consent to an inspection, the officer may board the vessel and conduct the security inspection if:  

(1) The officer had “possible trigger or information” {that a} violation of Chapter 327 F.S. occurred or was occurring;  

(2) The proprietor/operator refused or was unable to show requisite security or marine sanitation gear; or  

(3) The gear to be inspected was solely seen whereas aboard the vessel.   

Now, beneath the brand new 2025 amendments, an officer could not cease or board a vessel whether it is for the only goal of performing a security or marine sanitation gear inspection. Instead, the officer should first have possible trigger {that a} separate violation of Chapter 327 F.S. (titled Vessel Security), occurred or is happening. The brand new regulation makes violations of each security and marine sanitation gear necessities a “secondary offense.”  As an example what this implies, an officer should first have possible trigger {that a} “main offense,” akin to boating beneath the affect of medicine or alcohol (BUI), has occurred or is happening earlier than stopping or boarding a vessel. Solely then can the officer carry out a security or marine sanitation gear inspection and challenge a quotation based mostly upon that inspection. That is analogous to the motorized vehicle regulation which makes driving whereas speaking on the cellular phone a secondary offense. The officer should first pull the motive force over for a main offense akin to reckless driving, earlier than she or he can challenge a quotation for cellular phone use. The brand new regulation doesn’t have an effect on the US Coast Guard, which might nonetheless carry out random stops and inspections, a apply which has been upheld by the US Supreme Courtroom.

Vessel Security Decal Program 

Part 3 of the Invoice revises the State’s present boater security decal program beneath Part 327.70, F.S. and renames it the “Florida Freedom Boater” security decal program.  Underneath this revised program, the State Division of Freeway Security and Motor Autos will challenge “Florida Freedom Boater” decals on the time of vessel registration or renewal to vessel house owners whose vessel meets “security carriage and use” necessities of Chapter 327, F.S (emphasis added).  The time period “security carriage and use” just isn’t outlined in Florida regulation however Part 327.50, F.S. addresses boating security gear necessities by incorporating U.S. Coast Guard security rules. As well as, the identical part contains a number of particular vessel security “use” necessities, together with that youngsters beneath 6 years of age should put on life preservers. Marine sanitation gear just isn’t talked about in Part 3’s authorizing language, suggesting it isn’t included within the decal program.   

As earlier than, FWCC could develop a rule establishing the time body the decal’s validity, which may be at least 1 and not more than 5 years, however no further rulemaking authority is conferred. FWCC’s present rule makes the decal legitimate for one 12 months. The decal have to be displayed above the waterline inside 6 inches of the vessel registration decal.  Non-motorized vessels beneath 16’, which aren’t required to be registered, should place the decal above the water line on the ahead half of the port aspect of the vessel. It’s not clear when or how these vessels obtain their decals since they don’t have to be registered.  

The statute doesn’t explicitly state that vessel house owners are required to have a decal, however the authorized implications of not having one could also be important.  In response to the regulation, vessels displaying a decal acquired on the time of registration or renewal are “deemed” to adjust to the security carriage and use legal guidelines in Chapter 327 F.S. The brand new regulation doesn’t point out for the way lengthy after vessel registration or renewal the vessel stays “deemed compliant,” after it has been affixed. Nonetheless, for the reason that decal covers the “use” in addition to the carriage of security gear, it might be so long as the length that FWC units for the decal’s validity. This will imply, as a matter of statutory interpretation, {that a} decaled vessel could also be thought-about compliant, even when it isn’t. Using the time period “deemed” within the regulation is usually thought to be conclusory, even when it’s counter-factual.   

As famous above, FWCC already had a security gear carriage and use decal program. Underneath the prior regulation, the decals had been issued on the water – after vessel security stops and inspections.  Even then, an officer was nonetheless allowed to cease a decaled vessel to make sure compliance with the security carriage gear and use requirement supplied that the officer had “cheap suspicion” {that a} violation of the security requirement occurred or was occurring (word: beneath the regulation, cheap suspicion is a lesser normal than possible trigger). Thus, the prior decal program didn’t finish security stops for decaled vessels, but it surely did require an officer to have a authorized foundation for the cease, thus stopping random stops. 

In sensible phrases, and relying on how lengthy the belief of compliance lasts after the decal is affixed, the brand new Florida Freedom Decal Program could additional slender the power of an officer to quote vessels for security carriage and use violations. For instance, it could imply that an officer could not cease a boater whose youngsters are usually not sporting life preservers – as required by Part 327.50(1)(b) F.S., -unless the officer has possible trigger to consider one other “main” regulation, akin to BUI, is being violated.  And, whereas it isn’t solely clear, it could even be attainable that if an officer stops a decaled boat for a main violation like BUI, the workplacer can’t then cost the boater for any secondary violation of a security gear carriage and use regulation, even when that violation is current, for the reason that decal could also be thought-about to be conclusive of compliance. In different phrases if a vessel was “deemed” to be in compliance on the time of registration and renewal, it  could proceed to be deemed so beneath the regulation.  

The dearth of readability stems partially from the change in when the decal is issued. Underneath the previous regulation, it was issued on the water after a security cease – the place gear carriage and use might be noticed in actual time. Underneath the brand new regulation,  it’s on the “time of registration and renewal.” This may make some sense had been it referring solely to security gear carriage.  However the statute refers to security gear “use” as effectively.  It’s troublesome to see how compliance with security gear “use” might be demonstrated on the time of registration and renewal, particularly provided that each may be completed by mail or on-line. To implement this provision of the brand new regulation, which went into impact on July 1, 2025, and to keep away from boats being trailered to a bodily location, FWCC will authorize boat house owners to signal and embrace an “attestation,”kind with their registration or renewal,  testifying to the truth that the boat being registered is compliant.  FWC just lately printed a Florida Freedom Boater Decal FAQ web page on its web site. https://myfwc.com/boating/rules/freedom-boater-faqs/  

As famous, FWCC’s authority to additional interpret the regulation via rulemaking seems to be restricted .  In the end, will probably be as much as the courts and/or the legislature in a subsequent legislative session to make clear the legislative intent behind the Program amendments. 

Vessel Vitality Supply Regulation 

Part 4 of the Invoice creates new part 327.75, titled the “Florida Watercraft Vitality Supply Freedom Act”. This a part of the Invoice prohibits state businesses (together with FWCC and the Florida Division of Environmental Safety), native governments (counties and municipalities), and “governmental entities” (akin to particular districts, together with navigation districts) – however any regulation on the contrary – from proscribing “the sale or use of watercraft based mostly on the power supply used to energy the watercraft” (emphasis added). “Watercraft” is broadly outlined to incorporate “any vessel or craft designed for navigation on water, together with boats and private watercraft.” “Vitality supply” is outlined as “any supply of power used to energy a watercraft, together with, however not restricted to, gasoline, diesel gasoline, electrical energy, hydrogen and solar energy.” (emphasis added). The time period “together with, however not restricted to” could also be necessary, because it may additionally imply “human-power” – akin to paddling or rowing. Human-powered vessels are outlined in Chapter 327 to incorporate vessels “powered solely by the occupants’ palms or toes, oars, or paddles.” 

As with the part addressing vessel stops, the total ramifications of this part of the brand new regulation stay unsure. Notably, HB 1388 doesn’t prohibit regulation of the technique of propulsion (e.g. propellor, sail or paddle), or the velocity at which vessels navigate- solely the power supply that propels the vessel (fossil gasoline, electrical energy, wind and presumably human energy).  Underneath Part 327.46, Florida Statutes, FWCC and native governments (normally topic to FWCC approval), can create “boating restricted areas,” together with “vessel exclusion” zones,” , for restricted functions, together with public security, seagrass safety on privately owned submerged lands, Manatee safety, mooring fields and anchoring limitation areas. Most restrictions on boating in Florida waters regulate vessel velocity (e.g. minimal wake, no wake zones). Nonetheless, boating restricted areas can and typically do regulate sure vessel varieties in a different way, and power supply may be a method that happens. A working example is the FWCC rule implementing the statutory safety accorded seagrasses on privately owned submerged lands: 

68D-24.004 Personal Submerged Land Seagrass Safety Boating Restricted Areas. 

(c) “Exterior propeller limitation zone” means a boating restricted space by which all vessels outfitted with each an inside combustion motor (e.g. gasoline or diesel motors) and a number of propellers within the water for propulsion should flip off the interior combustion motor and, if attainable to take action, tilt or elevate the propeller out of the water. Vessels propelled solely by polling, paddling, floating, electrical motors, or inside combustion motors with out an exterior propeller could proceed via the zone with no restrictions. 

Part 327.46(1)(c)(3)(a), F.S. additionally particularly authorizes native governments- with FWCC approval- to create vessel exclusion zones restricted to canoes or different vessels beneath oars or sail. These successfully exclude vessels utilizing different power sources.  As a result of the brand new statute prefaces its substantive requirement with the time period “however every other regulation,” these zones would seemingly be disallowed beneath the brand new regulation since they prohibit vessel use based mostly on power sources. 

Even additional, beneath Article X., Part 11 of the Florida Structure (Sovereignty Lands) and Chapter 253, F.S. (State Lands), the Governor and Cupboard have final accountability for state-owned submerged lands and the “merchandise thereon” akin to sea grass, coral, shellfish, and many others. This contains managed areas akin to State Parks and Aquatic Preserves.  In some circumstances, the State excludes or differentiates vessels to create canoe trails, swimming areas, “pole and troll” zones, and wildlife safety zones, based mostly on an permitted administration plan.  To the extent any of those zones permit one sort of power supply (e.g. human energy or electrical trolling motor) whereas proscribing one other (inside combustion engine), it could run opposite to the intent of the brand new regulation.   

Because the new statute prefaces its substantive requirement with the time period “however every other regulation,” this might name into query the validity of any zones the place power supply serves as the idea for vessel restrictions – even when these have been licensed by one other statute of in any other case equal authorized weight.  The brand new regulation doesn’t embrace a provision expressly offering for both grandfathering or solely potential software.  Subsequently, present zones that fall beneath the brand new statute’s purview could very effectively be invalid . 

Springs Safety Zones  

Part 1 of the Invoice amends Part 327.45, F.S. (Safety Zones for Springs), which authorizes FWCC to create safety zones for Florida’s springs and spring teams. Beforehand, these safety zones may prohibit vessel velocity and operation, and prohibit (however not modify) vessel anchoring, mooring, beaching, or grounding.  As Florida’s boating inhabitants has grown, vessel impacts to springs have change into more and more obvious in boat-accessible springs.  With these elevated vessel impacts in thoughts, the brand new modification affords larger flexibility to FWCC by allowing the company to “modify” the “allowable means” of vessel anchoring, mooring, beaching, or grounding, along with prohibiting these practices. On the similar time, the statute raises the usual that FWCC should meet to create safety zones beneath F.S. 327.45: Somewhat than merely figuring out a “hurt” that vessels pose to a spring or spring group, the “hurt” now have to be “important.” To be thought-about “important,” the “hurt” have to be the “predominant explanation for unfavourable impacts.” 

Derelict vessel. FWC Picture by Ashley Williams

CS/SB 164: Vessel Accountability 

Handed unanimously via each homes, SB 164 (signed into regulation as Chapter 2025-147, Legal guidelines of Florida) continues the State’s longstanding efforts to crack down on derelict vessels littering the State’s waters and accelerates a pattern towards addressing the difficulty earlier than a vessel turns into derelict, which started in 2016 with the creation of a brand new class of vessels generally known as “at-risk” vessels.   Amongst different listed threat components, vessels that should not have an “efficient technique of propulsion” are thought-about to be at-risk of changing into derelict beneath F.S. 327.4107.  

 Part 2 of the brand new regulation amends F.S. 327.4107 to make clear the circumstances beneath which an officer could require the rule-based check for “efficient technique of propulsion,” together with the power to instantly impose the check if the vessel proprietor or operator is on board. If the proprietor or operator just isn’t on board, the statute shortens the time inside which the proprietor or operator should conduct the check from 72 to 48 hours after discover is obtained from the officer.  

Part 4 of the Invoice does amend 327.70, F.S. (Enforcement) by extending the timeframe from 18 months to 24 months by which a vessel discovered to be at-risk three or extra occasions will probably be declared a public nuisance.  Underneath Part 327.70, F.S., at-risk vessels declared to be a public nuisance could also be relocated or faraway from state waters, and the regulation enforcement officer and company conducting the relocation or elimination are insulated from legal responsibility for harm related to the relocation or elimination, except the damages come up from gross negligence or willful misconduct.   

Maybe, probably the most important facet of SB 164 is Part 3, which creates F.S. 327.4111 (Lengthy-Time period Anchoring).  As its title implies, this part imposes new necessities for “long-term anchoring” in state waters, successfully ending the State’s longstanding laissez faire angle towards anchoring, an method some argue has contributed to the proliferation of derelict vessels. Part 3 of the brand new regulation creates new subsection 327.4111 entitled “long-term anchoring.” Lengthy-term anchoring is outlined because the anchoring of a vessel “inside 1 linear nautical mile of a documented anchorage level for 14 days or extra inside a 30-day interval.”  

The brand new regulation neither prohibits nor restricts long-term anchoring. As an alternative, it creates a permit-based monitoring system, giving FWCC a way to watch vessels that stay stationary for prolonged intervals of time, which expertise has proven are sometimes the more than likely to change into at-risk or derelict.   Vessel house owners or operators in search of long-term anchorage should apply for a allow (there isn’t any payment for the allow), which expires after one 12 months, and may be up to date or renewed. The allow requires the kind of possession and vessel data {that a} regulation enforcement officer would wish to trace down the proprietor or operator ought to the vessel current issues, akin to changing into at-risk or derelict, together with the situation of the vessel.  Any single proprietor or operator could have permits for multiple vessel however should search a brand new allow for every new long-term anchorage by any vessel. Vessels which change into derelict, at-risk (and presumably stay in danger), or violate the State’s marine sanitation legal guidelines could have their permits revoked. An individual who engages in long-term anchoring and not using a legitimate allow commits a non-criminal violation, enforced with a uniform boating quotation. 

One consequence of the brand new allow system is that it seemingly implicitly authorizes the long-term storage of unoccupied vessels (saved vessels) on state submerged lands outdoors of the managed confines of docks, marinas, mooring fields, and, most just lately, anchorage limitation areas. Extended unoccupied vessel storage on waters of the state has been questioned as a result of it successfully preempts the state-owned submerged lands over which the vessel lies without charge to the vessel proprietor (not like a mooring area or marina), creates potential issues for different vessels and shoreline infrastructure throughout storms, and may result in the proliferation of at-risk and derelict vessels.  

The statute authorizes, however doesn’t require, FWCC to interact in rulemaking to flesh out the statute. In doing so, the company could have to outline “documented anchorage level” for functions of beginning the clock, lest pulling anchor and shifting just a few toes begins a brand new clock, circumventing to some extent the regulation’s intent. Riparian rights of shoreside landowners can even need to be thought-about.  

Part 7 of the brand new regulation additionally revises F.S. 823.11 (Derelict Vessels; Relocation or Elimination; Penalty) by increasing the Florida FWCC’s present native authorities grant program to assist the derelict vessel prevention and voluntary turn-in program. 

Anchored boats in St. Augstine.

CS/CS/HB 481: Anchoring Limitation Areas (Ch. 2025-39, Legal guidelines of Florida) 

Whereas the Legislature was bringing long-term anchoring beneath statewide regulation for the primary time, it additionally conferred new authority on the State’s most populous counties and their municipalities, to manage anchoring inside their respective jurisdictions.  Underneath present regulation (Part 327.60(2), F.S.), native governments are preempted from regulating anchoring in state waters inside their jurisdiction, besides within the case of “live-aboards,” floating buildings, and industrial vessels aside from industrial fishing vessels. This longstanding preemption has been a flashpoint every so often as native governments should cope with congested waterways, and among the public well being, security and welfare points that include anchored boat aggregations close to their shores . It has change into notably problematic in Southeast Florida, leading to a sequence of advert hoc legislative declarations of site-specific anchoring limitation areas set forth in Part 327.4108(1), F.S.  In 2021, following an earlier “pilot program” that licensed native regulation of anchoring in jurisdictions that put in mooring fields, the Legislature made its first everlasting foray into returning regulatory authority to native governments by permitting counties to hunt authorization from FWCC to create Anchoring Limitation Areas (“ALA’s”) beneath sure circumstances.  Municipalities had been required to work via counties to ascertain these.  The framework for these county-created ALAs is ready forth in Part 327.4108(2), F.S. (word that Monroe County is topic to a separate, distinctive ALA legislative scheme per Part 327.4108(3), F.S.).  

Within the 2025 session, the Legislature returned to the ALA challenge, amending Part 327.60(2) to create an extra exception to the final preemption on native regulation of anchoring. Underneath the brand new regulation, native governments in counties with a inhabitants of 1.5 million could now straight regulate anchoring, with out going via the Statewide FWCC/County ALA course of.  Presently, this implies Dade, Broward, Palm Seashore, Hillsborough and, curiously, Orange Counties.  These counties and their municipalities can now enact ordinances proscribing vessels anchored inside such counties “for a interval of 1 hour or extra between one-half hour after sundown and one-half hour earlier than dawn for greater than 30 days in any six-month interval.”  Vessels in marked mooring fields and vessels finishing permitted marine development, set up, or upkeep work are exempt.   

HB 735 — Water Entry Amenities  

Along with addressing points on the water, entry to the water additionally obtained consideration within the 2025 legislature. HB 735, signed by the Governor, amends Part 327.0346, F.S. (Lease of Sovereign Submerged Lands for Marina, Boatyards, Mooring Fields, and Marine Producers and Retailers). This Invoice  authorizes the State’s standard “Clear Marina” Program to incorporate “Clear Marine Producers.” Because of this, any facility leasing sovereign submerged lands that receives and maintains a “Clear Marine Producer” designation from FDEP – like Clear Marinas, Boatyards and Marine Retailers – is eligible for a ten% low cost on its lease charges. 

The Invoice additionally amends F.S. 327.47 (Aggressive Grant Packages), which authorizes aggressive grant funds for public marine development tasks and boating applications. The Invoice extends the makes use of eligible for these grant funds to “development and upkeep of publicly owned parking for boat-hauling autos and trailers.” Parking at and close to boat ramps has been and stays a scarce useful resource, so allocating funds to broaden alternatives to create extra such parking will probably be welcomed by native governments.  

Closing Ideas 

2025 turned out to be a busy 12 months for boating regulation in Florida, with important adjustments to how the State’s boating neighborhood and its waterways are regulated and managed. Boaters have been additional free of the prospect of random security stops by state and native regulation enforcement, even because the variety of boating accidents and fatalities jumped in 2024 in keeping with a current FWCC report.  The growing strain of a quickly rising inhabitants and vessel registration (probably the most within the nation), ample protected waters, and a year-round boating pleasant local weather has resulted in an growing have to handle the State’s waterways. As with all new legal guidelines, these should be interpreted by the businesses that administer them, examined in apply after which addressed  by courts to grasp their full affect.