It’s the middle of boating season on the Gulf Coast — Davis Islands, Harbour Island, the channels near the Port of Tampa, and the Gulf beyond are packed every weekend. So are the FWC patrols.

Several things have recently changed that every boater should consider, including statistics and what boaters should do if they’re stopped.

Florida’s Fish and Wildlife Conservation Commission just released its 2025 Boating Accident Statistical Report, and the numbers are worth sharing:

• 694 reportable boating accidents in 2025, up from 685 in 2024 and 659 in 2023
• 51 fatalities from 41 separate incidents
• Alcohol or drugs played a role in 14% of boating fatalities
• 67% of operators in fatal accidents had no formal boater education
• Florida has over 1.03 million registered vessels, the most of any state in the country

Drowning caused just over half of last year’s deaths, and 37 of the 51 fatal victims weren’t wearing a life jacket. Alcohol isn’t just causing collisions, it’s also a major factor contributing to people falling overboard and being unable to self-rescue.

Two Major Legal Changes Boaters Need to Know About

1. The Boater Freedom Act (SB 1388) — effective July 1, 2025

This is arguably the biggest change to Florida marine law enforcement in years, and it directly affects how BUI stops happen. Under the new law:

• FWC officers and other law enforcement can no longer stop or board a vessel solely to conduct a routine safety or sanitation equipment inspection
• Officers now need probable cause that an actual violation is occurring before they can board
• Safety and sanitation equipment issues are now secondary offenses.  These secondary offenses can be cited once a boat is lawfully stopped, but they cannot be the reason for the stop itself
• The law also directs the FWC to create a five-year safety inspection decal program tied to vessel registration

Governor DeSantis signed the bill calling Florida “the boating and fishing capital of the world,” and framed it as closing a gap where boaters had fewer Fourth Amendmentprotections on the water than drivers have on the road.

This bill created a significant shift in BUI defense. Before this law, officers could essentially board any vessel for a “routine check” and then pivot into an impairment investigation if they smelled alcohol or noticed slurred speech. Now, that pretext is much harder to use. If the stop wasn’t independently justified, evidence gathered afterward may be challenged.

2. “Lucy’s Law” — BUI now affects driver’s licenses

As of July 1, 2025, a BUI conviction results in a driver’s license suspension in addition to losing boating privileges.  Previously, a BUI conviction only affected a defendant’s ability to operate a vessel. This is a significant change that a lot of boaters still don’t know about.

Florida Statute § 327.35

BUI is defined almost identically to a DUI. Someone is guilty of BUI if they’re operating a vessel and:

• They are impaired by alcohol, a controlled substance, or certain chemical substances to the extent that their normal faculties are impaired, or
• Their blood-alcohol level is 0.08% or higher, or their breath-alcohol level is 0.08 grams per 210 liters or more

A few things people don’t expect:

• “Operate” doesn’t mean the boat has to be moving. Florida law defines it as being in actual physical control of a vessel.  Anyone can be charged with BUI while anchored or docked.
• It covers more than boats. Jet skis, wave runners, and airboats all count under the statute.
• It applies to alcohol consumed legally on board. Drinking on a boat isn’t illegal, however, operating it while impaired is.

Penalties: How Serious Is a BUI Conviction?

• 1st conviction (basic): $500 – $1,000 | Up to 6 months | Probation, mandatory boating safety course, possible vessel impoundment (up to 10 days), driver’s license suspension (Lucy’s Law)
• 1st conviction, BAC 0.15%+ or minor on board: $1,000 – $2,000 | Up to 9 months | Same as above, enhanced
• 2nd conviction (within 5 years): Up to $2,000 | 10 days – 9 months | Vessel impounded/immobilized 30 days
• 3rd conviction (within 10 years) – felony: $2,000 – $5,000 | Up to 12 months, min. 30 days | Vessel impounded 90 days; 3rd-degree felony
• 4th conviction – felony: $2,000 – $5,000 | Up to 5 years | Permanent felony record
• BUI causing death: 2nd-degree felony; elevated to 1st-degree if boater fled without rendering aid

A prior DUI counts as a prior offense for BUI sentencing purposes, and vice versa. The two statutes can be used together and combined for enhancement purposes.