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Florida Legislature· 1388Chapter No. 2025-35

CS/SB 1388: Vessels, the official text

Shown verbatim: the complete text as captured from the official page posted by the Florida Legislature, fetched 2026-08-29. Where this bill amends existing law, language marked for deletion in the official page appears here in brackets. This is the enrolled version. The official bill page.
ENROLLED
       2025 Legislature                   CS for SB 1388, 2nd Engrossed
       
       
       
       
       
       
                                                             20251388er
    1  
    2         An act relating to vessels; amending s. 327.45, F.S.;
    3         specifying that the Fish and Wildlife Conservation
    4         Commission’s authorization to establish protection
    5         zones includes modifying the allowable means of
    6         certain vessel positioning to prevent significant harm
    7         to certain springs; revising what constitutes
    8         significant harm; amending s. 327.56, F.S.;
    9         prohibiting an officer from performing a vessel stop
   10         or boarding a vessel without probable cause;
   11         prohibiting an officer from performing a vessel stop
   12         or boarding a vessel under certain circumstances;
   13         providing that a violation of safety or marine
   14         sanitation equipment requirements is a secondary
   15         rather than a primary offense; amending s. 327.70,
   16         F.S.; requiring the commission, in coordination with
   17         the Department of Highway Safety and Motor Vehicles,
   18         to create the “Florida Freedom Boater” safety
   19         inspection decal for specified purposes; providing for
   20         the award of such decal; providing requirements for
   21         such decal; authorizing an officer to stop a vessel
   22         for a lawful purpose when the officer has probable
   23         cause or knowledge to believe a violation of certain
   24         provisions has occurred or is occurring; creating s.
   25         327.75, F.S.; providing a short title; defining the
   26         terms “energy source” and “watercraft”; prohibiting
   27         specified entities from restricting the use or sale of
   28         watercraft based on the energy source used by such
   29         watercraft; amending s. 379.226, F.S.; revising
   30         provisions prohibiting the issuance of a license to a
   31         vessel owned by certain alien powers; providing an
   32         effective date.
   33          
   34  Be It Enacted by the Legislature of the State of Florida:
   35  
   36         Section 1. Subsection (2) of section 327.45, Florida
   37  Statutes, is amended to read:
   38         327.45 Protection zones for springs.—
   39         (2) The commission may establish by rule protection zones
   40  that restrict the speed and operation of vessels, or that
   41  prohibit or modify the allowable means of anchoring, mooring,
   42  beaching, or grounding [of] vessels, to protect and prevent
   43  significant harm to first, second, and third magnitude springs
   44  and springs groups, including their associated spring runs, as
   45  determined by the commission using the most recent Florida
   46  Geological Survey springs bulletin. Significant [This] harm
   47  includes negative impacts to water quality, water quantity,
   48  hydrology, wetlands, and aquatic and wetland-dependent species
   49  where the operation, anchoring, mooring, beaching, or grounding
   50  of vessels is determined to be the predominant cause of negative
   51  impacts.
   52         Section 2. Section 327.56, Florida Statutes, is amended to
   53  read:
   54         327.56 Safety and marine sanitation equipment inspections;
   55  probable cause; qualified.—
   56         (1) An [No] officer may not [shall] board any vessel or perform
   57  a vessel stop in this state unless [to make a safety or marine]
   58  [sanitation equipment inspection if the owner or operator is not]
   59  [aboard. When the owner or operator is aboard, an officer may]
   60  [board a vessel with consent or when] the officer has probable
   61  cause [or knowledge] to believe that a violation of [a provision of]
   62  this chapter has occurred or is occurring.
   63         (2) An officer may not perform a vessel stop or board a
   64  vessel for the sole purpose of performing a safety or marine
   65  sanitation equipment inspection. A violation of safety or marine
   66  sanitation equipment requirements is a secondary offense, rather
   67  than a primary offense [An officer may board a vessel when the]
   68  [operator refuses or is unable to display the safety or marine]
   69  [sanitation equipment required by law, if requested to do so by a]
   70  [law enforcement officer, or when the safety or marine sanitation]
   71  [equipment to be inspected is permanently installed and is not]
   72  [visible for inspection unless the officer boards the vessel].
   73         [(2) Inspection of floating structures for compliance with]
   74  [this section shall be as provided in s. 403.091][.]
   75         Section 3. Subsection (2) of section 327.70, Florida
   76  Statutes, is amended to read:
   77         327.70 Enforcement of this chapter and chapter 328.—
   78         (2)(a)1. The commission, in coordination with the
   79  Department of Highway Safety and Motor Vehicles, shall create a
   80  “Florida Freedom Boater” safety inspection decal for issue at
   81  the time of registration or renewal, signifying that the vessel
   82  is deemed to have met the safety equipment carriage and use
   83  requirements of this chapter. Upon demonstrated compliance with
   84  the safety equipment carriage and use requirements of this
   85  chapter at the time of registration or renewal [during a safety]
   86  [inspection initiated by a law enforcement officer], the operator
   87  of a vessel shall be issued a “Florida Freedom Boater” safety
   88  inspection decal [signifying that the vessel is deemed to have]
   89  [met the safety equipment carriage and use requirements of this]
   90  [chapter at the time and location of such inspection]. The
   91  commission may designate by rule the timeframe for expiration
   92  of, and the specific design for, the “Florida Freedom Boater”
   93  safety inspection decal. However, a decal may not be valid for
   94  less than 1 calendar year or more than 5 years at the time of
   95  issue and, at a minimum, must meet the standards specified in
   96  this paragraph. [All decals issued by the commission on or before]
   97  [December 31, 2018, are no longer valid after that date.]
   98         2. The “Florida Freedom Boater” safety inspection decal[, if]
   99  [displayed,] must be located within 6 inches of the inspected
  100  vessel’s properly displayed vessel registration decal. For
  101  nonmotorized vessels that are not required to be registered, the
  102  “Florida Freedom Boater” safety inspection decal[, if displayed,]
  103  must be located above the waterline on the forward half of the
  104  port side of the vessel.
  105         (b) [If a vessel properly displays a valid safety inspection]
  106  [decal created or approved by the division, a law enforcement]
  107  [officer may not stop the vessel for the sole purpose of]
  108  [inspecting the vessel for compliance with the safety equipment]
  109  [carriage and use requirements of this chapter unless there is]
  110  [reasonable suspicion that a violation of a safety equipment]
  111  [carriage or use requirement has occurred or is occurring.] This
  112  subsection does not restrict a law enforcement officer from
  113  stopping a vessel for any other lawful purpose when the officer
  114  has probable cause to believe that a violation of this chapter
  115  has occurred or is occurring.
  116         Section 4. Section 327.75, Florida Statutes, is created to
  117  read:
  118         327.75 Watercraft Energy Source Freedom Act.—
  119         (1) SHORT TITLE.—This section may be cited as the
  120  “Watercraft Energy Source Freedom Act.”
  121         (2) DEFINITIONS.—For the purposes of this section, the
  122  term:
  123         (a) “Energy source” means any source of energy used to
  124  power a watercraft, including, but not limited to, gasoline,
  125  diesel fuel, electricity, hydrogen, and solar power.
  126         (b) “Watercraft” means any vessel or craft designed for
  127  navigation on water, including boats and personal watercraft.
  128         (3) PROHIBITION ON RESTRICTIONS BASED ON ENERGY SOURCE.
  129  Notwithstanding any other law to the contrary, a state agency,
  130  municipality, governmental entity, or county may not restrict
  131  the use or sale of a watercraft based on the energy source used
  132  to power the watercraft, including an energy source used for
  133  propulsion or used for powering other functions of the
  134  watercraft.
  135         Section 5. Subsection (3) of section 379.226, Florida
  136  Statutes, is amended to read:
  137         379.226 Florida Territorial Waters Act; alien-owned
  138  commercial fishing vessels; prohibited acts; enforcement.—
  139         (3) No license shall be issued by the Fish and Wildlife
  140  Conservation Commission under s. 379.361[,] to any vessel owned in
  141  whole or in part by any alien power[, which subscribes to the]
  142  [doctrine of international communism, or any subject or national]
  143  [thereof, who subscribes to the doctrine of international]
  144  [communism, or any individual who subscribes to the doctrine of]
  145  [international communism, or who shall have signed a treaty of]
  146  [trade, friendship and alliance or a nonaggression pact with any]
  147  [communist power. The commission shall grant or withhold said]
  148  [licenses where other alien vessels are involved on the basis of]
  149  [reciprocity and retorsion, unless the nation concerned shall be]
  150  [designated as a friendly ally or neutral by a formal suggestion]
  151  [transmitted to the Governor of Florida by the Secretary of State]
  152  [of the United States. Upon the receipt of such suggestion]
  153  [licenses shall be granted under s. 379.361, without regard to]
  154  [reciprocity and retorsion, to vessels of such nations].
  155         Section 6. This act shall take effect July 1, 2025.
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