'Probable cause' Florida bill approved by Governor
Date Posted: March 28, 2016
Source: First Coast News,Florida House of Representatives

UPDATE (corrected): Florida House Bill CS 703 was approved by the Governor March 25, 2016, and will go into effect starting July 1, 2016. The legislation requires law enforcement to need "probable cause" before stopping or inspecting a vessel if it displays a recent safety inspection decal issued by law enforcement on a previous stop. The law applies only to local and state law enforcement and not to Coast Guard officials. The Senate adopted the House version and laid SB CS-1454 on the table.

The details of the issuance of decals does not include the length of time a decal will be valid, nor is it clear whether the decal can be obtained by any means other than during a stop or inspection initiated by law enforcement:

"Upon demonstrated compliance with the safety equipment carriage and use requirements of this chapter during a safety inspection initiated by a law enforcement officer, the operator of a vessel shall be issued a safety inspection decal signifying that the vessel is deemed to have met the safety equipment carriage and use requirements of this chapter at the time and location of such inspection."

Photo Credit: Chris Cromley of Cool Water Products

(Posted Jan. 6, 2016) A Florida State Representative decided he was tired of getting stopped by marine officers, so he is trying to change the law – House Bill 703 tweaks the language of Florida Statute 327.70 to add "if probable cause exists" to the enforcement provisions, plus makes some minor changes to Statute 327.33. Note: These changes would not apply to the U.S. Coast Guard or other federal officers. From a First Coast News article:

You're out boating carefree on a perfect day, then officers pull you over for a random safety inspection. Feel hassled?

Rep. Ritch Workman did.

Under a law proposed by Workman, R-Melbourne, officers would need one thing before they pull you over again in such a scenario: probable cause.

"Me and my friends get pulled over all the time, and it's never because we're doing something wrong," Workman said.

If the proposed law, House Bill 703, passes, it would take effect July 1, 2016.

The new law would apply to Florida Fish and Wildlife Conservation Commission officers, county deputies and municipal police officers...

Continue reading First Coast News article: Proposed law: Probable cause before boat inspections.

Read updated June 20, 2016 article: Florida vessel inspection law goes into effect July 1.

Comment Submitted by tyrantcleaner - June 27, 2019

What in the world is wrong with a "homeless" person living on a boat jay? Seems to me they have a home and it is on the boat...

Don't bring the sewage issue up. there are many cheap ways to solve that among which are composting toilets...but those aren't expensive and don't require the aproval of tyrants to the united states consitution!

Comment Submitted by Jay - April 25, 2018
In regard to "Fletcher's" comment .....calling people idiots really makes you look like one.  The moderators should remove it and ban you. A) if the governor signed it ? It has passed....it's a law B) not everyone on a boat is fishing .....cruising on a boat is not a "highly regulated" activity C) sailors get tired of getting their annual USCG safety sticker to keep the overzealous LEO's away and still being harassed. D) if they worried more about the homeless living on boats and derelict boats it would be far more useful than "safety inspections"
Comment Submitted by Jason - March 12, 2016
Probable cause? Lol! They can make anything to be probable cause, they've been doing this already! Sorry but those Leo's are laughing!!! They know they can say or find anything to make it a probable cause material!!!!
Comment Submitted by ed - March 12, 2016
lol wow.!!! i have been stoped mostly when i have my daughter and her friends on the boat, now i have to admit they are attractive young ladys, however the last time i was stopped at the dock and checked for coast guard equip, which we passed, went 50 yrds and stopped by local water patrol, (We have a brand new coastguard sticker) and checked out good.! Told me the girls couldn`t have their feet over the gunnel, they didn`t. then went 300 yards and was stopped again by the game commission.! wow, we checked out good, (so did the young ladys, all of college age.!) lol then we went fishing .!!!! wow what a day.! I haven seen that much attention since my son was killed. redundency! or male machoisum, lol im guilty of both, we caught fish and had a great day.!!! never checked again, it was already on the scanner.
Comment Submitted by Led3187 - March 12, 2016
Seems the fascists are out in force! A law protecting the rights of citizens by keeping the government at bay is wrong? Seems your power has corrupted your sense of right and wrong. Liberty is always more desirable than security. It's isn't the governments duty or responsibility to keep people "safe", only to ensure the means for them to keep themselves safe. But only if they choose to. Of course, many will assume this means police are unnecessary. Not true. Just in a more limited capacity than they are currently employed.
Comment Submitted by Jeff - March 11, 2016
Sorry to tell all of the people complaining that no matter if this bill passed or not you can be and WILL BE still boarded by Coast Guard, Customs and Border Protection, and any other Federal agencies since this doesn't apply to Federal LEOs. Oh by the way don't try to use the "state waters" defense since nearly all of FL'S harbors and waterways have ready access to the sea which makes it Customs Waters, yes even Lake Okeechobee. Oh also Coast Guard and Customs like to tag along on local LEO boats so if they are onboard the requirement of probable cause is out the window. Have fun out there.
Comment Submitted by Captain Ed - March 11, 2016
I once spent a weekend on the St. John's River. Saturday morning as I launched I had the FEC pull up and do a safety inspection. I asked the officer for a safety sticker and I placed it on my boat below the Fl numbers. During the day Saturday I was stopped by the FWC 4 more times for safety inspections. Each time I asked for a sticker and placed it on my boat next to the last. That Sunday I was stopped 4 more times. I kid you not, I had 9 stickers on my boat when I pulled her out of the water at 4pm that Sunday.
Comment Submitted by Donald Griffin, Privateer - February 27, 2016
Well, now a law to stop Catamarans. So much for the flying Hobie sailors! There is no such thing as freedom in a totalitarian police state!
Comment Submitted by Capt. Joe USCG Master - February 11, 2016
If dangling your feet over the rail is probable cause, then all sailing vessels that are racing are in violation for having crew that are used as movable ballast ( rail meat). So now we have the complete erosion of any expectation of privacy, is that what you want? One size does not fit all. Before you decide to unleash a loss of privacy, here is a concept think beyond one incident. Look at the whole picture!! I have faith in us and I know we can.
Comment Submitted by Mike Hurd - February 6, 2016
My wife and I travel and live on our boat , we get pulled over all the the by fish and wildlife , coast guard , marine patrol, and local sheriffs patrols .We have a 54' trawler that I operate alone many situations occur while entering an inlet ,I have no thrusters , with the tide and wind and dredgers ,sand bars,other boats, finding a place to anchor, then a gun hoe cocky officer jumps on you boat . I have served my country ,Worked my whole life paid my taxes and have done the right thing all along. We live on our boat full time and are just trying to live out the remaining years without harassment .
Comment Submitted by Capt. Gary Cuppels - February 5, 2016
As a lifelong boater I support this Bill. On too many occasions I have been pulled over and boarded for no reason whatsoever. On numerous occasions I have actually challenged an officer as to the basis for his actions and have been told the reason was because he can.
Comment Submitted by Bob McLeran - February 4, 2016
Rep Workman got his panties in a wad after he was pulled over and given a lecture by the FWC for letting his kids sit on the bow of his boat with their legs hanging over the side. Claimed he was being harassed, again! He's gotten a lot of bad publicity here in Florida over the incident, even though his proposal has some merit for those who don't let their kids bow-ride and simply get stopped frequently for "safety inspections."
Comment Submitted by Bob Miller - February 3, 2016
How can we help support Rep Workman's bill in an effort to actually get it passed?
Comment Submitted by Jim Healy - January 10, 2016
Strongly support this change. I live on my boat. We eat here and we sleep here and yes, we even have an "expectation of privacy" here. If a law enforcement officer wants to enter my dirt home, he needs a warrant issued by a judge in a court of competent jurisdiction. This bill doesn't even go that far, but it would eliminate some of the really nasty incidents that happen each year just because some over-zealous 22 y/o deputy sheriff with a gun and a blue light wants to do a potti inspection, but has no probable cause. I know this would make life just slightly more complicated for the local LEO. Honoring our constitution does that. Betsy, as Janice mentioned, kids dangling their feet over the bow constitutes probable cause. Anyone with a NASBLA-compliant Florida Boating Safety Card knows that!
Comment Submitted by Janice aboard Seaweed - January 8, 2016
Absolutely and good call Representative Workman. As for Betsy's comment, yes, hanging your feet over the gunnels is Probable Cause and would warrant a stop. However cruising along at a safe speed would not merit any stop nor inspection. I like the proposal and hope it passes. And yes, I'm "one of those" that does follow the rules. Routine inspections feel like an invasion of privacy. Thank you Representative for not just realizing a problem exists but also for proposing a solution. Good call. I hope it passes.
Comment Submitted by Betsy Johnson, USCG 100 Ton Master - January 7, 2016
Sorry, Rep. Workman, but letting your children hang their legs over the side, no matter what your speed, is dangerous and warrants a warning at the very least. As a life long boater, I cringe when I see such reckless behavior.
Comment Submitted by Marc Ragusa - January 7, 2016
Wow - what a novel idea. Apply the US Constitution to boaters too. Hope it passes.
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