Boating Crimes in Florida

Section 327.73, F.S., explains the fines for noncriminal infractions of the Florida Vessel Safety Law. Unless otherwise specified, the civil penalty for a noncriminal infraction is $50.16. If a person fails to appear or respond to a uniform boating citation, the person can be charged with the crime of “failing to respond to a citation,” a second-degree misdemeanor under Section 327.73(1), F.S.

Noncriminal violations include:

• operating with an expired registration
• operating without a registration
• failing to display the appropriate registration information

Several noncriminal violations are subject to increased penalties for additional offenses. For example, Section 327.73(o), F.S., provides that for a violation of the navigation rules (not resulting in an accident with serious bodily injury or death), the maximum penalty is:

• $250 for a first offense;
• $750 for a second offense; and
• $1,000 for a third or subsequent offense.

Some violations of boating laws in Florida are criminal. The most common type of boating crime in Florida involves operating a vessel while under the influence of alcohol, controlled substances, or chemical substances (also known as “BUI”).

If you operate a vessel on the water in Florida, the law assumes that you will consent to a lawfully requested chemical testing of your blood, breath, or urine. As a result, the refusal to submit to any of these tests upon a lawful request by law enforcement during a DUI investigation is admissible into evidence in a criminal proceeding and punishable by a $500 civil fine.

In addition to BUI, Florida law prohibits other boating-related crimes, such as leaving the scene of an accident or reckless boating.

Attorney for Boating Crimes in Tampa, FL

If you were accused of operating a boat while impaired or another type of boating crime, contact an experienced criminal defense attorney at Sammis Law Firm.

During the initial consultation, we can discuss the charge pending against you, the typical penalties imposed for that type of charge, and ways to fight the case for a reduction or dismissal.

Our main office is located in downtown Tampa. We also have offices in New Port Richey in Pasco County and Clearwater in Pinellas County, FL.

Call 813-250-0500.

Types of Boating Crimes in Florida

In Florida, the most common boating-related crimes include:

• COLLISIONS, ACCIDENTS AND CASUALTIES
  • 327.30(1) COLLISIONS, ACCIDENTS AND CASUALTIES (unattended vessel) – M 2
  • 327.30(1) COLLISIONS, ACCIDENTS AND CASUALTIES (failure to render aid) – M 2
  • 327.30(1) COLLISIONS, ACCIDENTS AND CASUALTIES (failure to provide name/add/vess ID) – M 2
• 327.30(2) FAIL TO REPORT BOAT ACCIDENT – M 2
• LEAVING SCENE OF VESSEL ACCIDENT
  • 327.30(5) LEAVING SCENE OF VESSEL ACCIDENT INVOLVING (damage) – M 2
  • 327.30(5) LEAVING SCENE OF VESSEL ACCIDENT INVOLVING (injury) – F 3
• 327.33(1) WILLFUL AND WANTON RECKLESS OPERATION (vessel) – M 1
• 327.33(3)(a) M 2 VIOLATION OF NAVIGATION RULES RESULTING IN BOATING ACCIDENT
• 327.35(1)and(2)  BUI
  • 327.35(1),(2) and (4)  BUI (enhanced)
  • 327.35(1),(2),(3)(a),(b)and(c)(1) BUI – CAUSING INJURY OR DAMAGE – M 1
  • 327.35(1),(2),(3)(a),(b),(c)1 and (4) BUI – CAUSING INJURY OR DAMAGE (enhanced) – M 1
  • 327.35(1), (2), (3)(a), (b) and (c)(2)  BUI – CAUSING SERIOUS BODILY INJURY – F 3 (Level 7)
  • 327.35(1),(2),(3)(a),(b),(c)(2) and (4) BUI – CAUSING SERIOUS BODILY INJURY (enhanced) – F 3 (Level 7)
  • 327.35(1)and(2)(b)1 FELONY BUI (3rd within 10 years) – F 3 (Level 3)
  • 327.35(1),(2)(b)1and (4) FELONY BUI (3rd within 10 years) (enhanced) – F 3 (Level 3)
  • 327.35(1),(2)(b)1,(3)(a),(b),(c)1&(4) FELONY BUI CAUSING INJURY OR DAMAGE (3rd within 10 years)(enhanced) – F 3 (Level 3)
  • 327.35(1),(2)(b)1,(3)(a),(b)and(c)1 FELONY BUI CAUSING INJURY OR DAMAGE (3rd within 10 years) – F 3 (Level 3)
  • 327.35(1),(2)(b)3 FELONY BUI (4th conviction) – F 3 (Level 3)
  • 327.35(1),(2)(b)3and(4) FELONY BUI (enhanced) (4th conviction) – F 3 (Level 3)
  • 327.35(1),(2)(b)3,(3)(a),(b),(c)(1)&(4) FELONY BUI CAUSING INJURY OR DAMAGE (enhanced) (4th conviction) – F 3 (Level 3)
  • 327.35(1)(3)(a),(b)and(c)3a BUI – MANSLAUGHTER – F 2 (Level 8)
  • 327.35(1),and(3)(a),(b),(c)3a and (4) BUI – MANSLAUGHTER (enhanced) – F 2 (Level 8)
  • 327.35(1)(3)(a),(b)and(c)3b BUI – MANSLAUGHTER AND FAILURE TO RENDER AID – F 1 (Level 9)
  • 327.35(1)and(3)(a),(b),(c)3b(I),(II)&(4) BUI – MANSLAUGHTER AND FAILURE TO RENDER AID (enhanced) – F 1 (Level 9)
• 327.35215(4) M 1 OPERATE VESSEL WITHOUT PAYING CIVIL PENALTY
• 327.39 M 2 PERSONAL WATERCRAFT VIOLATION
• 327.42 M 2 MOOR OR FASTEN VESSEL TO UNIFORM WATERWAY MARKER
• 327.461(2) M 1 VIOLATION OF BOATING SAFETY ZONE
• 327.54 M 2 VIOLATE LEASE OF VESSEL REGULATIONS
• 327.66(1)(a)2 and(b) M 2 UNLAWFUL CARRIAGE OF GASOLINE ON VESSELS
• 327.73(1) M 2 MISDEMEANOR BOATING CITATION – FAILURE TO APPEAR
• 327.73(3) M 2 REFUSAL TO ACCEPT AND SIGN CITATION FOR VESSEL VIOLATION
• 327.731 M 2 MANDATORY EDUCATION FOR VIOLATORS (BOATING SAFETY)
• 328.03 M 2 SELL OR TRANSFER VESSEL WITHOUT DELIVERY OF TITLE
• 328.05(1) F 3 1 PROCURING TITLE TO STOLEN VESSEL
• 328.05(2) F 3 3 POSSESSION OF FICTITIOUS CERTIFICATE OF TITLE
• 328.05(3) F 3 1 VESSEL TITLE FRAUD
• 328.07(4) F 3 3 POSS HULL I.D. PLATE OR VESSEL WITH ALTERED HULL I.D. PLATE
• 328.13(2) F 3 1 FRAUDULENT MANUFACTURER’S CERTIFICATE OF ORIGIN
• 328.21 M 2 TRANSFER VESSEL W/OUT DELIVERY OF CERTIFICATE OF TITLE
• 328.48(1) M 2 FAIL TO PAY REGISTRATION FEE SECURE ID NUMBER
• 328.48(2) M 2 FAILURE TO REGISTER COMMERCIAL OR RECREATIONAL VESSEL
• 328.52(4) M 2 USE DEALER REGISTRATION ON VESSEL OTHER THAN DEMO PROMO TEST
• 328.62 M 2 DISPLAY OF UNAUTHORIZED NUMBER ON BOAT
• 328.64 M 2 FAIL TO CHANGE BOAT TITLE OR ADDRESS
• 328.68(1) M 2 FAILURE TO REGISTER A DOCUMENTED VESSEL

Leaving the Scene of a Vessel Accident

Boating violations are addressed in Chapter 327, F.S., the “Florida Vessel Safety Law.” After a vessel collision or accident, Section 327.30(1), (2), and (3), F.S., impose a duty to help other people by:

• providing information to any injured parties or the owner of damaged property;
• providing notice of the accident to law enforcement.

Under Section 327.30, F.S., if you leave the scene of the vessel accident resulting in personal injury, you can be charged with a third-degree felony. If you are accused of leaving the scene of a vessel accident resulting in property damage, the crime can be charged as a second-degree misdemeanor.

Being Required to Complete a Boating Safety Education Course

Florida law requires a person convicted of certain boating violations to complete a boating safety education course. The boating safety education course is required after a conviction for:

• a criminal boating safety violation;
• certain noncriminal boating safety infractions if it resulted in a reportable boating accident;
• two noncriminal infractions listed in Sections 327.731(1) and 327.73(1), F.S., occurring within a 12-month period.

For those convictions, the person must:

• successfully complete an FWC-approved classroom or online boating safety course;
• file proof of the successful completion of the course with FWC;
• refrain from operating a vessel until the person has filed proof of successful completion of the course with FWC; and
• pay a $500 fine.

The boating safety education course typically includes information on the boating laws in Florida, ways to prevent boating accidents, and the importance of wearing personal flotation devices or operating a vehicle defensively.

Additional Resources

Florida’s Boating Regulations – Visit the website of the Florida Fish and Wildlife Conservation (FWC) to learn more about boating regulations.

This article was last updated on Friday, January 26, 2024.