Proposed Florida Law: Probable Cause Before Boat Inspections

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 the Florida Fish and Wildlife Conservation Commission, its officers, county deputies, police officers and any other law enforcement officer.

Some boaters say the law would prevent overzealous inspections that harass captains and their passengers, and can mar an otherwise beautiful day. Other captains see the random checks as the best deterrent to illegal fishing, hunting and other violations on the water.

The proposal would revise state law relating to reckless or careless operation of a vessel; deleting provisions authorizing law enforcement boat inspections and revising the authority of law enforcement officers to conduct certain investigations.

Workman said that he doesn't want to keep law enforcement from doing their job but wants more reasonable stops along state waters. He said he would work with FWC as the legislation is developed.

He wants a safe-boating sticker that could go next to the boat's registration after a boat has already been inspected. "That, I believe, will limit the amount of times we bother boaters," Workman said.

He's been pulled over while boating several times in the past year, he said, but never asked to open up a bait well. One time, Workman said, he was pulled over in Grand Canal while going idle speed and warned for reckless boating because his children were sitting in the front of the boat with their legs hanging over the side.

"You've stolen time from my family and nobody has asked you, in my opinion, to be the safety police," Workman said of such scenarios. "I don't need anybody else nannying my children. I got it."

Under state law, FWC officers can conduct boating safety inspections and marine fisheries inspections "when it is apparent that the boat occupants have engaged in highly regulated activities such as fishing or hunting," Rob Klepper, a spokesman for FWC's law enforcement division, said via email.

"FWC does not comment on proposed legislation," Klepper said.

"FWC Officers may ask vessel operators to open compartments if they have reasonable cause to believe that a violation has occurred," he said.

Ron Rincones, a longtime fisherman and diver from Grant-Valkaria, worries the law could open the door for illegal fishing.

"I don't think I'm in favor of that," Rincones said, adding that the random inspections serve as a deterrent.

But searches should be reasonable, he added.

"You can't just walk into somebody's house and say, 'I'm going to look for some drugs,'" Rincones said.

According to the Florida Fish and Wildlife Conservation Commission of 10,899 boating violations statewide last year, 3,671 incidents were safety equipment and lighting violations; 1,468 were registration and numbering violations; 1,270 were reckless or careless operation, failure to report an accident or accidents due to navigation violations; 361 were operating the vessel while under the influence of drugs or alcohol; and the rest involved boating or personal watercraft safety and other violations.

Source: Florida Fish and Wildlife Conservation Commission


Created: Jan 5th, 2016 at 8:19 pm