Will Florida’s Waters Become Lawless? Evaluating Governor DeSantis’ Proposed Vessel Search Ban

Imagine a scenario where Florida's waterways become the Wild West — a place where operators of vessels have little accountability for reckless behavior, safety measures are disregarded, and fishing regulations go unchecked. This isn't a fictional dystopia; it could very well be the future of boating in Florida under Governor Ron DeSantis' proposed bill to bar the Florida Fish and Wildlife Conservation Commission (FWC) from searching vessels to enforce critical regulations.

For the boating community, this proposed legislation may signal a potential unraveling of safety and sustainability on the water. The absence of routine vessel inspections could create a ripple effect, jeopardizing public safety, harming wildlife, and eroding Florida’s reputation as one of the premier boating destinations in the United States.

Why This Matters to Every Florida Boater

Governor DeSantis’ proposal might seem favorable to those seeking freedom from regulatory oversight, but the implications extend far beyond individual liberties. Florida's waterways accommodate over 950,000 registered vessels — they are bustling, dynamic, and inherently risk-laden environments. Unlike roads and highways, there are no clearly defined lanes, stoplights, or speed limits that universally govern boating traffic. This makes the proper enforcement of regulations absolutely necessary.

For responsible boaters who take pride in operating safely and in compliance, this bill threatens to undermine the very systems that ensure everyone can enjoy waterways responsibly and sustainably. Here’s why it should concern you:

1. Unchecked Alcohol Use

Operating a vessel while impaired is one of the leading causes of boating accidents nationwide. Without the ability for FWC officers to board vessels and conduct inspections, identifying operators under the influence becomes exceedingly difficult. Boating under the influence (BUI) does not present itself the way driving under the influence (DUI) does; there are no lanes to weave through or marked deviations to observe from the shore. Without proactive enforcement, impaired boat operators gain free rein, putting countless lives at risk.

2. Life Jackets Save Lives

Personal Flotation Devices (PFDs) are lifesaving tools that are mandatory for boat passengers in many situations. However, ensuring compliance requires inspection. A PFD tucked away in a compartment doesn’t save lives — it needs to be correctly worn and appropriately fitted. The proposed legislation would restrict the FWC from verifying such compliance, leaving boaters, especially children and inexperienced passengers, vulnerable in emergencies.

3. Enforcing Fishing Regulations

Florida’s $13-billion recreational fishing industry depends on sustainable practices to protect its marine ecosystems. However, without the authority to inspect vessels, the FWC cannot ensure compliance with fishing regulations. Overfishing, catching undersized species, and exceeding bag limits threaten the delicate balance of aquatic ecosystems. Such practices could proliferate unchecked, jeopardizing fish populations and the livelihoods of communities that depend on them.

The Hidden Costs of Less Accountability

At first glance, reducing the FWC’s authority to board vessels may appear as a win for personal freedom, but it has potentially dangerous long-term consequences. Public safety incidents, ecological damage, and unregulated boating could lead to higher insurance premiums, stricter regulations in the future, and a tarnished reputation for Florida as a tourist destination. There’s also the moral question of whether this bill enables irresponsible behavior by removing any meaningful deterrence against those who place personal gain above collective welfare.

A Path Forward That Protects Both Freedom and Safety

While no one relishes over-enforcement or invasive inspections, this proposal represents an overcorrection that sacrifices safety, accountability, and environmental stewardship. The boating community deserves a balanced approach that respects individual liberties while maintaining clear and enforceable standards across Florida’s waterways.

Here’s what’s needed instead:

Modernized Inspection Technology:

Use advanced technological monitoring tools, onboard reporting apps, or unmanned drones to reduce the need for physical inspections while still maintaining compliance.

Targeted Enforcement Zones:

Focus inspection efforts on high-risk areas or times, such as holiday weekends or crowded marinas, ensuring coverage with fewer resources.

Enhanced Education Efforts:

Educate boaters on regulations and safety practices to foster voluntary compliance, reducing the need for enforcement in the first place.

Consultation with Stakeholders:

Decision-makers must involve FWC officers, fishing organizations, and boating communities in crafting commonsense policies that balance freedom with accountability.

Boaters Must Speak Up

Rules and regulations alone cannot guarantee safety on the water; enforcement is the mechanism that gives these rules weight. The FWC has long served as a guardian of Florida's waterways, working to protect both people and marine life. Stripping its ability to carry out inspections opens the door to chaos — a reality no responsible boater should accept.

We urge every boating enthusiast and concerned citizen to take action. Contact your local representatives, share this article with your community, and lend your voice to a united effort to safeguard Florida’s waterways. Together, we can push for smarter, more effective solutions.

Florida’s waterways are a shared treasure. They deserve rules that protect them and enforcement that keeps us all safe.

Miami Marine Stadium Renovation: Will it really happen?

Once again, there appears to be hope for the Miami Marine Stadium.  The City of Miami is again considering a plan to renovate this historic venue.  As a native Miamian and long-time boater, I am cautiously optimistic that the City Commission will follow through and not allow this iconic structure to be bulldozed to make way for more condominiums or other development.

Growing up in Miami, I have fond memories of a beautiful outdoor stadium that hosted boat races, concerts and other events in a unique open-air venue on the water year-round.  Over time it fell into disrepair, events ceased, and use of the area devolved into a raucous weekend party spot, often frequented by illegal boat charters. 

The structure itself became all but abandoned, covered in graffiti and uncared for.  On weekends, numerous boats and jet skis both anchor in and ply the lagoon, often traveling at unsafe speeds resulting in accidents and injuries.  Excessive drinking is rampant, and efforts to contain and control the activities by law enforcement have had little effect on the “scene”.  By evening the lagoon is full of boats, many rafted up, partying to loud music well into the early morning hours.  It is no surprise that local residents as far away as Brickell are concerned that any new organized use of the stadium will lead to considerable noise that will travel across the water, and affect their peaceful enjoyment of the homes. 

The Miami Herald recently reported that concerts and performances are anticipated in the renovated Marine Stadium.  With this, one hopes there will be a return of the boat races and other on water events and the elimination of the illegal charter activities and seemingly unregulated and unsafe use of the lagoon by weekend partiers.

Since the Marine Stadium’s completion in 1963, Miami has grown from a sleepy Southern town into a world class city, akin to Los Angeles but on the East Coast.  As Miami developed however, so did an obvious deficiency in its waterfront: a lack of dining and event venues.  Renovation of the Marine Stadium is a step in the right direction.  Miami deserves a world class outdoor venue for water sports events, concerts and other cultural activities.  Let’s hope that the City Commission raises this from the ashes of the decrepit structure that presently sits on the site.

The author, Curtis Mase, is a Trial Attorney who specializes in Maritime and Admiralty Law, and a life-long boater with a love for the beautiful waters surrounding Miami. 

5 Reasons to Stay Sober on the Water

A passion for boating and appreciation for Florida's vast waterways often begin early in life. For Floridians, this beloved tradition offers countless chances to unwind and discover the scenic beauty of the state’s extensive coastlines, estuaries, swamps, and springs. While this pastime offers enjoyment, it also carries important responsibilities and legal duties. It's widely understood that some individuals struggle to manage themselves on the water, especially under the sun, with a drink in hand. 

Boating under the influence is a grave offense in Florida, posing risks not only to people but also to the wildlife and marine environment. To combat this, authorities enforce strict penalties for BUI violations. If you or a loved one has been injured in a boating accident, you need an experienced attorney to hold those accountable for your damages and to receive the compensation that you deserve. Contact Mase Seitz Briggs to discuss your legal options.

BUI in Florida

With one of the highest numbers of registered recreational boats, Florida is a hub for boating enthusiasts. Sadly, this also translates to a leading number of boating accidents and deaths. Alcohol use and boating under the influence are the most common causes behind these tragic incidents, leading to countless injuries and fatalities on the water. 

Alcohol can significantly impair your ability to operate a boat safely, and it is illegal to boat with a BAC of 0.08% or higher, just as if you were driving a vehicle. You could be facing severe, far-reaching penalties if you are accused of boating while under the influence or if you have injured anyone while BUI. 

5 Key Facts about BUI:

  1. Legal BAC is 0.08%: Just as if you are operating a vehicle with a BAC of 0.08% or higher, it is illegal to operate a boat. Also, if your BAC shows as 0.05% or higher and you have demonstrated an inability to operate the vessel, you could still face charges safely.
  1. BUI is a criminal offense with severe penalties: Penalties for BUI in Florida are generally a misdemeanor unless you cause serious harm or fatal injury to someone. Your first conviction of a BUI can be punishable by up to 6 months in jail, a $1,000 fine, and 50 hours of community service. Plus, your boat is impounded for 10 days.
  1. Zero tolerance for underage operators: There is zero tolerance for minors who are operating a boat in Florida’s waterways with a BAC of 0.02% or higher. They will face penalties such as a boating safety course, 50 hours of community service, or worse. 
  1. Impact on Judgement and Safety: Boating under the influence significantly impairs judgment, reaction time, and coordination, making it extremely dangerous for the operator and those around them. Florida FWC reports that alcohol is a major factor when it comes to fatalities in boating accidents, and around 23% of all boating fatalities involve drugs or alcohol as a primary cause. 
  1. Repeat offenders: BUI repeat offenders can face increasing penalties such as extended jail time, felony charges, thousands of dollars worth of fines, and an impounded boat. 

Operating a boat under the influence is incredibly dangerous for you, your passengers, other boaters, and even the local wildlife. Drinking affects your judgment, slows your reaction times and throws off your coordination - all the things that you need to operate a boat safely. And if you think refusing a breathalyzer gets you out of trouble, think again. Florida authorities treat such refusals as a violation of implied consent laws, which can result in added penalties, including hefty fines and potential license suspensions.

Contact Our Office for a Free Consultation

When alcohol is involved, a day on the water can quickly turn tragic. If you’ve been hurt in a boating accident, seeking compensation for your damages will require filing a civil lawsuit, as criminal cases don’t provide financial compensation to victims.  Too often, one person’s negligence can lead to the suffering of others. If you’ve been injured by a boater who was operating under the influence, don’t hesitate to protect your rights. Contact Mase Seitz Briggs immediately to have experienced representation for your claim. 

Ban Cell Phones at School

Kudos to the Los Angeles Board of Education which yesterday voted to ban cell phone use by children at school.  Articles reporting on their courageous decision noted that they faced pushback from parents and enforcement is expected to be challenging.  What a sad commentary on our society that parents would push back on something which is indisputably in the best interest of their children.  All the empirical studies and data confirm that children learn better when not distracted by cell phones.  There is no good reason for cell phones in school.  The argument that parents need to reach their children in case of an emergency is specious:  schools have land lines and paging systems.  Children can put away their cell phones upon arrival (in their lockers, a designated, secure cell phone charging area, or somewhere else) and enjoy their day with an unimpeded (at least by cell phones) ability to focus.  The reason they are in school is to learn and grow, after all.  Cell phone access while there in no way aides or furthers this.

The Los Angeles Board did parents a favor: they gave them cover for what most will not do themselves.  Governor DeSantis should take a page from their book and ban cell phone use by children while at school in Florida.  While the author believes in a libertarian approach to government, with minimal intrusion into our personal lives and decisions, an exception to this is where public (and especially children’s) safety is involved.  This is a safety issue, an education issue, and a socialization issue.  Educating our children when not to use cell phones by banning them at school is a good start.  From there we can educate our children on not using them when operating motor vehicles and move on to cell phone etiquette.

Christopher Lyons of Mase Seitz Briggs Featured on SiriusXM’s Mad Dog Sports Radio

DUI Manslaughter Charges Against Former Raider Wide Receiver Henry Ruggs III

Attorney Christopher Lyons, Of Counsel at Mase Seitz Briggs, recently appeared on SiriusXM’s Mad Dog Sports Radio with Lance Medow to discuss the ongoing matter involving NFL wide receiver Henry Ruggs III (formerly of the Las Vegas Raiders), who has been charged with a DUI manslaughter.You can hear the entire SiriusXM’s Mad Dog Sports Radio with Lance Medow interview here:

Fatal Drunk Driving Accident

On November 2, 2021, at approximately 3:30 am, law enforcement received reports of a collision involving two vehicles. When Las Vegas police arrived, they found a Toyota Rav4 engulfed in flames. The 23-year-old driver Tina O. Tintor and her dog were killed as a result of the crash. 

As reported by NPR, former Las Vegas Raider wide receiver Henry Ruggs III was behind the wheel of the other vehicle driving over 150 miles per hour when he rear-ended the Rav4. According to prosecutors, Ruggs had a blood-alcohol content twice the legal limit in Nevada. There are also reports indicating that he was not cooperative at the scene.

On November 3, he was charged with multiple felonies, including DUI causing death or substantial harm. The 22-year-old first-round pick is currently released on house arrest awaiting a December hearing on the matter.

Attorney Lyons Offers Legal Insight 

Attorney Christopher Lyons recently spoke with SiriusXM Sports radio host Lance Medow about the DUI case. Mr. Lyons offers unparalleled legal insight into the matter, having represented former NFL wide receiver Donté Stallworth in a similar incident in 2009. Stallworth was charged with DUI manslaughter after reportedly hitting a pedestrian while driving with alcohol in his system.

When asked about the situation with Ruggs, Mr. Lyons noted, “it’s a horrible situation, and he needs to focus on his life and this legal proceeding and not worry about football right now. Football is secondary.” 

As indicated in the interview, Lyons recommends accepting responsibility early and showing genuine remorse. If he was the attorney for Ruggs, he would be “reaching out to the victim’s family, there are legal ways that you can express remorse without admitting liability.” 

Moving Forward After Tragedy

After a suspension, Stallworth was able to move forward in a positive way by taking responsibility and doing the right thing. “He went out into the community, and he spoke at high schools. He joined Mothers Against Drunk Drivers national chapter,” said Lyons.

He also worked closely with the commissioner to help young players understand the dangers of drinking and driving. To this day, he still speaks to rookies and continues his community outreach. Early on, he took full responsibility for the accident, cooperated with the police, and immediately moved to do the right thing.

Right now, for Ruggs, Lyons suggests focusing on moving forward. He should “worry about football in the future.” As for consequences, he is potentially facing various civil lawsuits and over 20 years in prison if convicted on criminal charges. 

Final Thoughts

Attorney Lyons said it best, “The consequences of that tragic accident on that early Tuesday morning hours has impacted so many lives.” It is widespread and will likely last for decades. 

Contact Mase Seitz Briggs

Mr. Lyons represents individuals in civil and criminal matters with a focus on sports and entertainment law. With over 25 years of experience, he has successfully tried over 100 jury trials. He is Of Counsel with Mase Seitz Briggs and practices in the Miami area and, along with our other attorneys, has represented victims of fatal car accidents.

If you need legal assistance, contact Mase Seitz Briggs at (844) 627-3529 today to speak with an experienced member of our team. Our attorneys are nationally-recognized, award-winning trial lawyers handling matters in Miami and throughout Florida.

GetMyBoat App – Is it Safe?

Safety Concerns Users Should Consider When Utilizing the Newest Boat Rental App

GetMyBoat is one of the newest apps to hit the market. It is designed as an easy way to book and manage boat rentals across the globe. Similar to an Airbnb or VRBO business approach, users are able to search and book their ideal boat rentals or charters at desired locations. The app allows them to ask questions to the boat owner and pay for the entire trip online. While the new app may be revolutionary for its ease of use, there are some safety concerns.

At Mase Mebane Seitz, we represent individuals who have been injured or killed in boating accidents throughout South Florida. Boating accidents are a common occurrence in these warm coastal waters. If you were seriously injured or have lost a loved one in a boat accident, contact our office at (844) 627-3529 for a free case evaluation.

How Does GetMyBoat Work?

GetMyBoat allows individuals who are seeking to rent a boat or watercraft to search, book, and pay for the rental online. As reported by ABC Local 10 News, the app is similar to an Airbnb rental, only for boats, charters, and other watercraft. Boat owners can list their vessels on the website, and then users can search for the ideal booking using several filters.

GetMyBoat users can book:

According to its website, the GetMyBoat platform “is the world’s largest and fastest-growing rental and charter marketplace.” It currently has 140,000 individual listings in over 184 countries. Depending on the listing, you may be able to choose a boat that provides a captain, or you may decide to take the vessel out on your own.

Safety Considerations with GetMyBoat

One of the biggest concerns with the new app is that the platform does not offer rental insurance for owners or customers. Renters are advised on the website to check with the boat owner about their insurance coverage.

It is the owner’s responsibility to ensure that they have the proper insurance to cover any accidents or damages. Owners also “take sole responsibility for making sure their watercraft is safe, secure, and seaworthy.”

GetMyBoat does not guarantee the safety or seaworthiness of any boat rented through their app. Users are responsible for ensuring that the owner of the listing has the appropriate insurance as required by the state or local authorities. A boat or other watercraft that is not adequately insured or that is not regularly maintained could result in a catastrophe on the water.

This approach may also have implications in terms of compliance with other applicable State law. For example, in Florida there is a specific statute, 327.54, governing so-called liveries for business, which rent boats and personal watercraft to third parties. Among other things, general boat safety information must be provided by the owner, and there is a requirement that the vessel be seaworthy. Florida Livery Statute specifically requires liveries to instruct on the local characteristics of the waterways, operational characteristics of the vessel, and the responsibilities of the vessel operator. In addition, liveries must maintain minimum liability insurance of $1 million. Failure to adhere to any of these rules is a misdemeanor of the second degree. Other states have similar requirements. One could easily see Get My Boat App running afoul of Florida and other State’s statutes.

Injured in a Boating Accident? Contact Mase Mebane Seitz!

If you or a loved one have been injured in a boating accident, call Mase Mebane Seitz for a free consultation. Rental apps like GetMyBoat are an easy, quick way to secure a vessel, but there are no guarantees as to the safety of the watercraft. Boats that are not seaworthy may be more prone to accidents. More importantly, failure to comply with applicable State law may subject boat owners renting their boats out through Get My Boat App, the liability for failure to comply with Florida and other States Livery laws. Click here to read about a livery case in which we recovered millions for the family of a young woman killed by a negligent operator of a pontoon boat rented from a Florida livery.

Contact our office at (844) 627-3529 to discuss your case with an experienced attorney. We can help you understand your rights and hold negligent parties accountable for their wrongdoing.