What Is the Boater Freedom Act?

Probable Cause Requirement for Stops

Safety Equipment Violations Are Now Secondary Offenses

Florida Freedom Boater Decal

Ban on Local Gas-Powered Vessel Restrictions

Why This Law Matters for Florida Boaters

Fewer Random Boardings

More Predictable Enforcement

Peace of Mind with the New Decal

How This Law Impacts BUI Charges

Unlawful Stops Can Be Challenged

Safety Checks Can’t Be Used as a Pretext

New Legal Defenses Become Available

What Does “Probable Cause” Mean on the Water?

• Witness reckless operation (e.g., speeding, wake zone violations)
• Observe open containers or other signs of intoxication
• See evidence of fishing without a license or violating catch limits
• Respond to complaints or tips involving criminal behavior

The Role of the “Florida Freedom Boater” Decal

• Reducing the likelihood of safety-based stops
• Demonstrating proactive compliance with state rules
• Potentially supporting your defense if cited or arrested

What You Should Do If You’re Stopped

• Remain calm and respectful
• Ask the officer why you’re being stopped
• Don’t volunteer information beyond what’s required
• Never consent to a search unless legally required
• Contact an attorney as soon as possible if cited or arrested

Why Expert Legal Guidance Matters

We Know the Law Inside and Out

We Spot Violations in Procedure

We Handle These Cases Regularly

We’re Local

What Our Attorneys Can Do for You

• Review the entire stop from start to finish
• Challenge any unlawful searches or evidence
• Utilize SB 1388 to raise new constitutional defenses
• Negotiate to reduce or dismiss charges
• Represent you in court if necessary

Contact Us for a Free Consultation

• A free consultation to review your case
• Personal attention and a tailored defense strategy
• Clear communication every step of the way
• A strong legal advocate who knows Florida law

The post New Law Will Mean Greater Defenses to BUI Charges in Florida appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

Now, law enforcement, including the Florida Fish and Wildlife Conservation Commission (FWC), must have a good reason before stopping or boarding boats. This is different from before, when random inspections were allowed.

For anglers, this means the FWC will focus on clear signs of rule-breaking instead of routine stops.

Many times, random stops caused problems for responsible boaters. As experienced Florida criminal defense lawyers, we believe this law balances protecting boaters’ rights while keeping safety in mind.

These changes will affect how marine law enforcement works across Florida’s waters, impacting everyone from casual fishermen to commercial operators.

Important Parts of the Boater Freedom Act for Anglers

Florida’s new boating laws change how officers deal with anglers on the water. The Boater Freedom Act includes several important rules that affect fishing activities:

1. Probable Cause Requirement for Stops

Law enforcement officers will now need probable cause to stop or board a vessel. This is a significant shift, as previously, they could conduct inspections without any suspicion of a violation. For anglers, this means an FWC officer cannot stop your boat just for a random fishing check without a prior reason.

2. Safety Equipment Violations Are Now Secondary Offenses

While not directly related to fishing, it’s important to note that boaters can no longer be stopped solely to inspect safety equipment. Officers must have another legal reason to stop your boat before they can cite you for missing safety gear. This prevents safety checks from being used as a pretext for other investigations, including potential fishing violations.

3. Florida Freedom Boater Program

Florida has started a new decal system connected to boat registration. This helps law enforcement quickly spot boaters who follow the rules. The program is optional and designed to make stops by officers faster and smoother.

Can Florida Officers Still Enforce Fishing Regulations?

Yes, But They Need Probable Cause of a Violation To Stop and Search Your Boat.

The critical point for anglers is that SB 1388 does not eliminate law enforcement’s authority to enforce fishing laws. Florida Statute 379.3313, which grants law enforcement broad powers related to fish and wildlife enforcement, remains in effect. This statute allows officers to:

• Board, inspect, and search any boat, fishing appliance, or other relevant location if they have reason to believe that saltwater products are taken or kept in violation of laws or rules.
• Open and inspect containers or areas where saltwater products are normally kept if they have probable cause to believe the vessel has been used for fishing prior to the inspection. Whether this provision is invalid based on the new law remains to be seen.
• Seize illegally caught, taken, or possessed saltwater products or contraband.
• Arrest individuals in the act of violating fishing laws or rules.

The key distinction under SB 1388 is the initial stop. Before an FWC officer can exercise the powers granted in F.S. 379.3313, they must first have probable cause to stop your vessel.

What Does “Probable Cause” Mean in a Fishing Context?

The new law hinges on the concept of “probable cause”. For officers to stop your vessel now, they need a reasonable belief, based on observable facts, that a law has been broken. In the context of fishing, this could mean:

• Observing evidence of fishing without a license or violating catch limits.
• Witnessing someone actively using illegal fishing gear.
• Responding to complaints or tips involving suspected illegal fishing activity.
• Observing reckless operation or other signs of criminal behavior that lead to a lawful stop, which then allows for further observation related to fishing.

Simply being on the water is no longer a sufficient reason for a stop. This requirement establishes a legal barrier that protects boaters from unnecessary stops and potential harassment.

Fewer Random Boardings, More Predictable Enforcement

Previously, boaters, including anglers, could be stopped at any time for random checks. Now, unless law enforcement observes or suspects something illegal, they must allow you to proceed without interruption. This means:

• Fewer Random Boardings: You no longer have to worry about being subjected to a random inspection of your catch or fishing gear.
• More Predictable Enforcement: FWC officers will need a legitimate reason to stop you related to a suspected violation, making enforcement more targeted and predictable for law-abiding anglers.

On-Shore Anglers Not Affected By New Law

• Unfortunately, the new law only applies to boaters and does not apply to on-shore anglers, so while on land, you may still be subject to random inspection of your catch or fishing gear.

More Defenses to Fishing Violations

The Boater Freedom Act doesn’t just change how law enforcement interacts with boaters—it also gives Florida anglers stronger legal defenses when facing fishing-related charges. By raising the standard for when officers can stop or search a vessel, the law opens new opportunities to challenge tickets, citations, and criminal allegations tied to fishing activity.

Challenging the Legality of the Stop

Under the new law, officers must have probable cause or another lawful reason—such as consent or an emergency—before boarding a vessel. This requirement is now a key element of your legal defense.

If you’re cited for:

• Fishing without a license
• Keeping undersized or over-limit catches
• Using prohibited gear
• Entering restricted zones

…but the stop occurred without legal justification, your attorney may be able to file a motion to suppress evidence. If successful, the charges could be reduced or dismissed entirely.

The End of Pretextual Stops

In the past, officers could initiate stops under the guise of a “routine safety inspection” and use the opportunity to search for other violations. Now, using safety checks as a backdoor for enforcement is no longer allowed.

For anglers, this change is significant. If you were stopped under questionable circumstances and then cited for a fishing violation, that sequence of events could work in your favor. Your lawyer may argue that the officer violated your rights under the Boater Freedom Act, and any evidence gathered after the improper stop should not be used in court.

New Grounds for Case Dismissal

When cases are built on evidence collected during an unlawful stop or search, they’re more vulnerable to dismissal. A strong defense now includes reviewing:

• Whether probable cause existed
• Whether you were approached in a legally permissible area
• How the officer collected evidence
• Whether your consent was voluntary (if given)
• Whether the stop complied with SB 1388 requirements

These new angles are now essential tools for a Florida criminal defense attorney. A case that may have once led to automatic penalties could now be beatable under the revised legal framework.

Real-Life Scenarios Where This Law Helps

Example 1:

A Clearwater angler was stopped last year during a random safety check. Officers discovered an expired fishing license and issued citations. Under SB 1388, that stop might not be legal—giving defense attorneys a path to challenge the entire case.

Example 2:

Two friends were fishing in Tampa Bay when FWC boarded them to check their cooler. Though they had legal catches, the stop led to a BUI charge for the driver. Under the new law, attorneys could argue the evidence should be thrown out due to a lack of probable cause.

Know Your Rights as a Florida Angler Under the Boater Freedom Act

The Boater Freedom Act gives Florida anglers certain protections against random boat stops. Law enforcement can only board your boat if:

• You agree to let them on
• They have a good reason to believe a law was broken
• There’s an emergency
• You’re at an official checkpoint

To avoid illegal searches or stops, keep these rights in mind:

• You can politely say no if officers don’t have a good reason to board
• You can ask why they stopped you
• You can record your interaction with the police
• You still need to carry all required documents and safety gear
• You don’t have to answer questions beyond showing ID

The “Florida Freedom Boater” sticker on your boat shows that you meet safety rules. It doesn’t stop officers from boarding if they have a valid reason, but it shows your boat follows state laws.

Always keep copies of your fishing license, boat registration, and safety checklist handy. Being prepared helps make any legal stops smoother and protects your rights under this law.

Why You Need a Florida Criminal Defense Lawyer for Fishing Violation Cases

The Boater Freedom Act has made fishing violation cases more complicated. A Florida criminal defense lawyer who knows maritime law can spot when police don’t have enough reason to stop or search your boat under SB 1388.

These cases need a clear understanding of:

• The rules for stopping boats
• How should evidence be collected properly
• Differences between main and lesser offenses
• Your rights during boat searches and seizures

A good fishing violation lawyer can help by:

• Fighting illegal stops and searches
• Reviewing body camera videos and police reports
• Talking to prosecutors to lower charges
• Building strong defenses based on SB 1388

These issues aren’t just about fishing violations. For example, you might face charges like Boating Under the Influence (BUI). In these cases, an experienced BUI lawyer can protect your rights and defend you.

Law enforcement is constantly changing how they handle these cases as new rules come in. Your lawyer stays updated on these changes to make sure your rights are protected. They will carefully check every part of your case—from the stop to how evidence was gathered—to find any mistakes or violations of the Boater Freedom Act.

It’s crucial to have an expert defense, especially when facing felony BUI convictions that could lead to jail time and serious criminal charges.

Contact Our Experienced Team for a Free Consultation

Don’t let fishing or boating charges affect your time on Florida’s waters. Our skilled criminal defense lawyers are here to protect your rights under the new Boater Freedom Act.

We have helped hundreds of clients with:

• Fishing rule violations
• Boating safety issues
• Wildlife protection charges
• Marine patrol stops and searches

With years of experience and a strong knowledge of Florida’s maritime laws, we offer the best defense for your case. We’ll review your situation, explain your rights, and create a plan that fits your needs.

Contact us now to schedule your free consultation.

The post Florida’s 2025 Boater Freedom Act: Greater Defenses to Fishing Violations appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

What is Self-Defense in St. Petersburg, Florida

• Self-defense is the term given to the intentions behind violent behavior used to protect oneself from another person’s imminent use of unlawful force.
• It can be used to excuse someone from criminal charges for violent behavior if the alternative was getting hurt themselves.

What to Do If You Were Arrested for Self-Defense in St. Petersburg

Remember What Happened

• What time was it?
• Where did the incident happen?
• Who else was there?
• Did anyone else see what happened?
• What was said?
• What verbal threats did you receive?
• What physical threats did you receive?
• What triggered you into your behavior?
• Was anyone else vulnerable or in danger?

Retain Any Evidence

• Any evidence of injuries you sustained, such as photographs or doctor’s notes
• Any videos or photographs of the incident
• Any witness statements
• The police report

Do Not Self-Incriminate

• Do not make the mistake of incriminating yourself by admitting fault.
• Do not make posts on social media about the event.
• You also have the right to say “I don’t want to talk until I speak to a lawyer”.

Contact a Criminal Defense Lawyer

What Reasons Are There for Self-Defense in St. Petersburg?

Did You Use Non-Deadly Force?

• Florida Statute 776.012 states that a person is justified to use ‘non-deadly force’ as self-defense when they believe it is required to defend themselves from the imminent use of unlawful force.
• There is no legal requirement to flee or retreat.
• Florida statute 776.013, Florida Statutes states that you are presumed to have a reasonable fear or bodily harm if you were in your home or vehicle and someone unlawfully entered, remained or attempted to remove someone against their will.

Did You Use Deadly Force?

• Florida statute 776.012 states that a person is justified to use ‘deadly force’ if they believe it will prevent an imminent forcible felony, death or great bodily harm to themselves or another.
• Forcible felonies include murder, arson, rape, kidnapping, and armed robbery.
• Florida statute 782.02 also states that ‘deadly force’ is justified when a person is resisting any attempted murder or attempt to commit a felony on them, or their home.

Were You in Your Home?

Exceptions to ‘Reasonable Fear’ Law

• The person on the property has a right to be there.
• The person on the property was attempting to retrieve their child or grandchild, or other person they have legal custody over.
• You were engaged in a crime or using your property to perform a crime.
• The person on the property was a law enforcement officer and entered to perform their official duties after first clearly identifying themselves.

How Is Self-Defense Justification Determined?

• Non-deadly force: The behavior must have been considered ‘reasonable’ to protect from the imminent use of unlawful force.
• Deadly force: The behavior must have been considered ‘reasonable’ to protect from imminent death, a forcible felony or great bodily harm.

When Does Self-Defense Not Hold Up?

• A total lack of evidence
• The defendant was attempting to commit or in the process of committing a forcible felony.
• The defendant was the initial provocation of the violence.
  • In these scenarios, you can only claim self-defense if you were faced with imminent danger of great bodily harm and had already tried to withdraw from physical contact, flee or communicate a withdrawal.

Examples of Self-Defense Cases

• A nurse was charged with battery after allegations she scratched a neighbor. We presented evidence that she was attacked first. The State Attorney’s office dropped the case soon after.
• A married couple were charged with felony aggravated assault with a firearm after three men threatened them. We provided evidence of their concealed carry permits, firearms training and sober urine tests. This combined with a compelling argument for their safety resulted in the prosecutor dropping all charges.

Contact Our Criminal Defense Lawyers for a Self-Defense Case in St. Petersburg

Free Consultations

The post How to Prove Self-Defense after a St. Petersburg Arrest appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

In this blog, we’ll explain the difference between an Underage Drinking DUI charge and a regular Underage drinking charge and how you can defend yourself.

What to Do If My Child Has Been Arrested for an Underage Drinking DUI in Pinellas County?

Contact a Criminal Defense Lawyer

Please contact our experienced Pinellas County Criminal Defense Lawyers today for a free consultation.

Our phone lines are open and waiting to help you get out of this mess. We regularly help young adults and teens who have gotten caught up in one-time mistakes, or misunderstandings. We can act quickly to get your charges reduced or dropped.

We have a very strong reputation in the Pinellas County courts and by taking the right steps, we can help you win some leniency to save your child’s future.

We take these cases very seriously, knowing that your child will not want their college education or employment chances ruined by an underage drinking arrest.

Save Your License

After any DUI arrest in Florida, the defendant’s driver’s license is immediately suspended. You have just 10 days to challenge this suspension and to gain a hardship license (for 42 days) which will allow you to travel for essential purposes, such as employment.

Read Related: How Does a DUI in Florida Affect My Job Or My Future?

Do Not Admit Fault or Plead Guilty

We advise your child to not make any incriminating statements or any posts on social media. We have seen cases of teens posting their arrests on social media, but the police may see this and spot incriminating evidence in the videos or statuses.

Recall What Happened

Ask your child to write down, in private, what happened. Doing this as soon as possible can preserve critical memories, such as if the police miscommunicated instructions or arrested your child unlawfully.

Underage Drinking DUI in Pinellas County Explained

Florida has a zero-tolerance policy for DUIs and that is especially true with underage DUIs.

For adults, the legal blood alcohol limit (BAC) is 0.08%. But for those aged under 21, it is 0.02%. However, the penalties become more severe if the BAC is above 0.08%.

You can also be arrested for a DUI if you’re deemed to be impaired. For example, if you are drunk or high from taking drugs earlier in the day then you can still be arrested for a DUI despite blowing less than 0.02% on the breathalyzer.

Penalties for an Underage Drinking DUI in Pinellas County

With a BAC of 0.02% or More

• A suspended license for 6 months (first-time offense)
• A suspended license for 1 year (second-time offense)
• Enrollment in an alcohol education program.

With a BAC of 0.08% or More

Underage drinking DUIs in Pinellas County with a BAC of 0.08% or more will face the same penalties as adult DUIs.

• Fines of between $500 to $1,000.
• A suspended license for between 180 days to 1 year.
• Impounded vehicle
• Incarceration in county jail for up to 6 months.
• 50 hours of community service.

Underage DUI Refusal

If a person under 21 refuses to perform a breathalyzer test, they may face:

• A suspended license for 1 year.
• A suspended license for 18 months (if the second or subsequent refusal).

Read Related: Can I Get a DUI if I’m Sleeping in My Car in Florida

Underage Drinking in Florida Explained

Alcohol is strictly forbidden for those under the age of 21 in Florida. There are two key laws to be aware of: ‘possession’ and ‘constructive possession’. These laws focus on the possession of alcoholic beverages.

Despite that, 33% of teenagers have drunk alcohol by the age of 15. At 18, it’s 60%

An alcoholic beverage is any container that contains alcohol, including:

• Beer
• Ale
• Malt liquor
• Malt beverage
• Win
• Distilled Spirits
• Mixed Drinks
• And more

Let’s explain those laws:

Actual Possession

It is illegal to possess an alcoholic beverage if aged under 21 in Florida.

Actual possession is when the alcohol is on the person or within reach (such as in your hand, bag or pocket).

Note: In Florida, a child cannot possess alcohol even if their parent authorizes them to do so.

Constructive Possession

Constructive Possession is slightly different. The under-21-year-old does not have to actually hold the drink. The defendant just needs to be in a place where the defendant knew the alcohol was in their presence and they had control of it (such as if their car had a trunk full of beer).

Constructive Possession requires the following three criteria to be met:

• Knowledge of the presence of alcohol
• Knowledge of alcohol’s illegal nature
• Control is exercised over the alcohol.

Penalties for an Underage Drinking Charge in Pinellas County

If charged with an underage drinking offense in Pinellas County, you may face:

1st Time Conviction

• 2nd-degree misdemeanor
• $500 fine
• 60 days jail time (or a 6-month probation period)
• 6-12 month licenses suspension

2nd Time Conviction

• 1st-degree misdemeanor
• $1,000 fine
• 1 year jail time (or 12-month probation period)
• 2-year license suspension

Potential Defenses to an Underage Drinking DUI in Pinellas County

There are various ways that our Criminal Defense Attorneys help defend underage drinking or underage drinking DUIs in Pinellas County. These include:

• You had a lack of knowledge the beverage was alcohol.
• The drugs you took were prescription drugs.
• The drink was actually non-alcoholic.
• You didn’t know the drink was near you.
• Your Miranda rights weren’t read to you.
• The police had no reasonable suspicion that you were committing a crime or traffic violation (such as they stopped your car for no reason).
• Entrapment (you were tricked into drinking or holding an alcoholic beverage).
• You were holding a drink for a friend.
• You didn’t perform a breathalyzer or sobriety test because you didn’t understand the instructions, or had a health issue that prevented it.
• The police didn’t have a search warrant or reason to enter the premises where you were arrested.

Taking Accountability

If your child was clearly drunk and the evidence is stacked against them, then all is not lost.

First-time DUI offenders in Pinellas County can use the Pinellas County D.R.O.P program to fast-track the system and reduce their charges to a Reckless Driving Charge.

Many judges will also give young people some leniency if they take accountability for their drinking problems. These judges see countless teens and young adults stand before them every year. If you can stand out from the rest, you might avoid a DUI charge.

For example, you can go to a reputable AA meeting or counselor before you even stand before the judge.

Pinellas County Underage Drinking Resources

• The Florida Department of Health in Pinellas County’s Substance Abuse Prevention Support
• Online treatment facility center finder
• FACE IT Program for 12-18 years old struggling with alcohol or drug problems.

Underage Drinking Defense Attorney in Pinellas County, FL

If your child has been arrested for a DUI or underage drinking charge in Pinellas County, our Florida criminal defense attorneys can help.

We will fight aggressively and fast to get your charges dropped or reduced to save your child’s future.

Free Consultations

Jesse Morse is a top-rated criminal defense attorney in Pinellas County. He is a lawyer at Battaglia, Ross, Dicus & McQuaid, P.A., one of Tampa Bay’s most prestigious law firms with the reputation and connections to make things happen.

Contact us today for a free consultation to get started or CALL +(197) 0232-0268

The post How to Defend an Underage Drinking DUI in Pinellas County appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

Our client and her partner (non-married) purchased a home together five years prior. They were both on the deed and mortgage, but our client’s father funded the down payment and our client paid the majority of the mortgage, taxes, utilities, and the upkeep of the home. Due to the increase in the real estate market, there was a significant appreciation in the value of the home since they purchased it.

The Case

Unfortunately, our client and her partner’s relationship deteriorated and her partner moved out of the home. After she moved out, her partner hired an attorney and threatened to force the sale of their home through a partition action. Her partner sought half of the equity in the home.

The Outcome

Our client reached out to us after receiving a demand letter asking for half of the equity of the home. We reviewed their demand and the facts of this case and determined that our client was entitled much more than half of the equity. We drafted a response and handled the negotiations with the other attorney. We provided evidence of our client’s substantial payments toward the mortgage, taxes, and utilities. After a brief negotiation period, we were able to secure a positive outcome for our client. Our client was able to choose between buying out her partner for pennies on the dollar and staying in her home, or selling the home and keeping the majority of the proceeds. All of this while avoiding the time, cost, and expense of a lawsuit.

The post Favorable Settlement Reached in Partition Action appeared first on Battaglia, Ross, Dicus & McQuaid, P.A..

The Case

The Resolution

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