Boating in Florida? Here’s How the Boater Freedom Act Affects You

Florida is undeniably a boater’s paradise. With over 7,700 lakes, 10,550 miles of rivers, and more than 2,200 miles of shoreline, the Sunshine State offers endless opportunities for fishing, sailing, and water recreation. It’s no surprise people consider Florida the boating capital of the world.

But those beautiful sunsets and fun-filled days on the water come at a cost. Each year, more boats enter Florida’s waters, which increases the risks for everyone.

In 2022, the Florida Fish and Wildlife Conservation Commission (FWC) reported that Florida surpassed 1 million registered vessels. The top five counties for vessel registrations were Miami-Dade (74,622), Pinellas (53,867), Lee (50,304), Broward (47,741), and Hillsborough (41,495).

As vessel numbers increased, so did boating accidents—some with life-altering consequences. In 2024, Florida recorded 685 boating accidents, including 76 fatal incidents that resulted in 81 deaths.

The leading cause? Collisions with fixed objects, which accounted for 31% of all accidents. Even more troubling, drowning caused 46% of those fatalities.

At Whittel & Melton, we’ve handled numerous cases involving boating accidents, jet skis, and wave runners. We want Florida residents and tourists to understand what’s changed and how these changes affect them—so they can protect themselves if an accident occurs or they are charged with a boating crime.

First, we’ll be breaking down the details of the Boater Freedom Act (BFA). Then, we’ll discuss how the BFA interacts with other laws that also regulate boaters on the water. Finally, we’ll touch on what the new FBA means for you.

Surprise Boat Inspections? Not Anymore in Florida due to the passage of the Boater Freedom Act (BFA)

It’s the perfect Saturday to go boating with your family. In the past, a Florida Fish and Wildlife Conservation Commission (FWC) officer could suddenly stop you, step onto your boat, and inspect it—without any suspicion of wrongdoing.

Starting July 1, 2025, the Boater Freedom Act changes this.

Florida’s waterways now operate under a new set of rules. The BFA, aimed at expanding personal liberties for boaters across the state, is now the law. But what does this mean for your safety and for those who share the water with you?

What Is the Boater Freedom Act?

Although this law grants boat and yacht operators greater freedoms, understanding its core elements will help protect your rights while encouraging responsible boating. Here’s what you need to know:

• Probable Cause Requirement: Previously, law enforcement could board vessels for routine safety and sanitation inspections—even without probable cause. Under the BFA, marine law enforcement must now have probable cause to board or inspect your vessel. This means they need a clear and specific reason, such as missing life jackets, broken navigation lights, erratic or dangerous operation, or visible signs of illegal activity.
• No Restrictions for Gas-Powered Boats: The law prevents local governments from banning or restricting gas-powered boats. This provision protects your right to choose the type of boat that suits your needs.
• Compliance Sticker: When you register your vessel, you’ll receive the Florida Freedom Boater Safety Inspection Sticker, which remains valid for five years. You must display this decal on your boat which helps avoid unnecessary stops and reduce inspection time.

Other Laws Reshaping the Boating Experience in Florida

Stricter Penalties for Crimes While Boating (HB 289 — “Lucy’s Law”)

Florida enacted Lucy’s Law in memory of 17-year-old Lucy Fernandez, who tragically died in a Miami boating accident. Her parents advocated for this legislation to improve water safety.

The law increases penalties for reckless and criminal boating behavior. Key provisions include:

• Mandatory 4-year minimum sentence for boating under the influence (BUI) manslaughter
  
• Criminal penalties for lying to law enforcement after a boating accident
  
• Harsher consequences for hit-and-run crashes involving injury, death, or property damage
  
• Penalties for failing to render aid at the scene of a boating accident
  

New Long-Term Anchoring Limits (HB 481)

Boaters in counties with populations over 1.5 million—like Miami-Dade, Hillsborough, and Broward—can no longer anchor overnight in the exact same location for more than 30 days within a six-month period.

Boating Access and Infrastructure (HB 735)

This law gives the FWC authority to manage grant programs that support:

• New or improved public boat ramps
  
• Marine infrastructure upgrades
  
• Dock and pier development
  
• Broader access to Florida’s waterways
  

Injured in a Boating Accident? We’re Here to Help

At Whittel & Melton, we’ve seen the devastating impact boating accidents can have—especially when alcohol, speeding, or negligence are involved. Unlike highway crashes, boating emergencies often face delayed rescue times, which can make accidents more dangerous and even life-threatening.

If you have questions about being compliant with the new laws or want to ensure your vessel has proper insurance, we’re here to help.

Our legal team has successfully represented victims of all types of watercraft accidents—from jet skis and wave runners to fishing boats and yachts. We’ve also represented those charged with BUI in criminal court. 

If a boating accident injured you or claimed the life of a loved one, you deserve experienced legal representation that understands Florida’s boating laws.

Call us today at 866-608-5529 or contact us online for a free consultation.