GAINESVILLE, Fla. – Gov. DeSantis is charting a new course for Florida’s recreational boaters, urging state lawmakers Tuesday to prohibit marine law enforcement officers from stopping boats on the water for inspections unless there is reasonable suspicion of criminal activity.
During an appearance at a boat show in Miami Beach, the governor said he was announcing a “boater freedom initiative” that would change Florida’s existing laws permitting inspections and searches of boats under the justification of safety checks.
The move would represent a major change for maritime law enforcement. It wasn’t clear how any change to Florida law would affect operations by the U.S. Coast Guard in the state’s waters. DeSantis called the existing law “a wrong that has been an issue in this state for far too long.”
“We don’t want to have our boaters to be unnecessarily interfered with,” DeSantis said. He described marine law enforcement officers as “sometimes well meaning.”
“People who are just out enjoying themselves when there’s no indication that anything is wrong, they should not be subjected to these intensive searches,” DeSantis said at the Miami International Boat Show.
The Legislature’s annual session begins next month for 60 days.
State law allows authorities to stop and inspect boats, passengers and search any containers on board without probable cause. Officers routinely check a boater’s registration paperwork, fishing licenses or catches, storage containers or coolers, life preservers and required safety equipment – and a boater’s sobriety.
DeSantis said the law has resulted in unwarranted inspections and cited an example that went viral from August, when law enforcement arrested a Jupiter executive who later blew a 0.0 in a breathalyzer. DeSantis met with the executive two weeks ago, on Jan. 29, according to a copy of the governor’s official schedule.
Michael Christian Arrieta, 36, was on the Loxahatchee River with his wife on board when a Florida Fish and Wildlife Conservation Commission officer stopped him. Arrieta was driving his boat on full plane in a slow speed zone, according to his arrest report.
Per the officer’s instructions, Arrieta performed a series of sobriety tasks before being arrested and accused of operating the boat under the influence.
“I’m with all my kids right now,” Arrieta told the officer. “You don’t smell alcohol on my breath. There’s not one ounce of alcohol on the boat.” At one point during the encounter, Arrieta told the officer he is a church elder, knows the local police chief personally and said, “Sir, if you Google me, I’m on Governor Ron DeSantis’ council, OK?”
It wasn’t immediately clear which council Arrieta was describing. A search of the governor’s appointment announcements didn’t show one for Arrieta. He was not among the members of the governor’s Faith-Based and Community-Based Advisory Council, according to the council’s website. The governor’s press office did not immediately respond to a request for an explanation.
According to the arrest report, Arrieta told his wife to “call multiple high-ranking officials” in the state to demand the officer’s name and badge number.
The incident was captured on video through the officer’s body camera and shared online.
Arrieta, who was never charged with a crime, said in a new interview Tuesday the situation was traumatizing for him and his family. He declined to discuss the governor’s new proposal or the incident further.
DeSantis also said Tuesday he intends to repeal a restriction some state municipalities enforce that ban fuel-based boats on the water.
“You don’t need to be driving an electric boat if you don’t want to,” he said.
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This story was produced by Fresh Take Florida, a news service of the University of Florida College of Journalism and Communications. The reporter can be reached at lauren.brensel@ufl.edu. You can donate to support our students here.