New Boater Freedom Act creating waves amongst local captains

OZELLO, Fla. — A new Florida law is raising the bar that police have to clear in order to search boats in waters across the state.

The Boater Freedom Act was signed into law by the Gov. Ron DeSantis earlier this month. The law prohibits FWC and local law enforcement from pulling over and boarding a boat without probable cause.

While some boaters see this new law as a win, others say those vessel searches can help to catch illegal activity. Meaning not all boating captains are on board with the new law.

Captain Carlos Gutierrez has been fishing the waters near Ozello Keys Marina for more than 10 years and says the new Boater Freedom Act may change what he sees on the water.

“It’s just a tough position to be in where you want the rules to be followed,” said Gutierrez. “But FWC and the sheriff, they get put in a very difficult position when this act is passed because now, without probable cause, you’re not going to be able to just randomly check people.”

The main component of the law will stop random vessel checks and searches, performed by the FWC and local law enforcement.

“Do I foresee some people taking advantage of the situation?” says Gutierrez. “Absolutely. And that could be a detriment to certain species of fish, vegetation, or sponges that are commercially or recreationally harvested.”

Elsewhere at the marina, Kevin Dubicki says he agrees with Gutierrez, believing the new law is a safety concern.

“I think this new law that’s passed is really going to allow people to get away with a lot more,” said Dubicki. “They think that they can’t board my boat anymore, they can’t check my fish anymore because they have not seen me for probable cause for committing a crime.”

As for what these captains will do now, Gutierrez says he will continue best practices. Following boating rules and staying safe.