We defend commercial and recreational boaters against criminal charges and infractions.
“The sea possesses a power over one’s moods that has the effect of a will. The sea can hypnotize. Nature in general can do so.” – Henrik Ibsen
While science and popular culture alike have recognized the entrancing effect of lakes and oceans on the human psyche, Florida law is unsympathetic to inattention on the water. Ignoring boating rules and regulations can lead to a ticket or even an arrest.
Surrounded by water on three sides, Florida has no shortage of boating regulations. Two entire chapters of the Florida Statutes (327 and 328) are dedicated to boating laws with the goal of promoting the safety of man and nature. The primary enforcer of Florida boating regulations is the Florida Fish and Wildlife Conservation Commission (FWC); however, local law enforcement agencies within each Florida county – typically the Sheriff’s offices - also patrol the open waters. Boating offenses expose the violator to liability ranging from a civil penalty to a criminal record and imprisonment.
Nearly anyone can rent or purchase a boat, but not everyone is familiar with the rules and responsibilities that come with operating a vessel. Whether someone is a boater for a day or a lifetime, it is critical to become educated in Florida’s boating laws to avoid a law violation, or worse - a tragedy.
The best guide to Florida boating laws is found on the FWC website. FWC summarizes Florida Statutes Chapter 327 and 328 by breaking down the law into helpful categories: Vessel Registration, Boating Accidents, Reckless and Careless Operation, Boating Under the Influence (BUI), Water Ski Regulations, Equipment and Lighting Requirements, and more. Beyond reading the law, boaters should take certified boating safety courses and call the FWC’s Boating Safety Section to resolve any ambiguities and stay informed on new regulations.
While there are too many boating laws to list here, the following are some of the most important:
Boating violations are issued on a document titled, “Florida Uniform Boating Citation.” Like traffic offenses, boating violations can be considered criminal or civil depending on the allegation. Civil boating violations – labeled as marine infractions in the clerk system – are not criminal and typically come with a fine of less than $100, with the moving violations slightly more expensive than nonmoving. Some examples of civil boating violations include speeding, careless operation of a vessel, and missing safety equipment.
Criminal boating offenses range from misdemeanors to felonies and can lead to jail time along with several other penalties. A good indicator that the offense is a boating crime is the issuance of a Notice to Appear or physical arrest along with the citation.
BUI and Reckless Operation of a Vessel are the most common criminal boating violations. A basic BUI (no crash, no prior offenses, and no enhancements) carries a minimum mandatory sentence of a $500 fine, probation, 50 hours community service, a substance abuse class, and immobilization of the vessel for 10 days. Jail time – up to 6 months - can be imposed at the discretion of the Court. A BUI enhanced (reserved for cases where the operator had a breath or blood alcohol level of .15 or higher, or where the operator had a minor on the boat) increases the minimum fine to $1000 and maximum jail to 9 months.
Multiple BUI convictions also increase criminal penalties. A third BUI within 10 years, or a fourth BUI at any time, constitutes a third-degree felony punishable by 5 years in prison and a $5000 fine.
A BUI involving a crash can dramatically change the landscape of liability. A crash without injuries is a first-degree misdemeanor punishable by 364 days in jail and a $1000 fine; serious bodily injury cases are third degree felonies; BUI cases involving death (BUI manslaughter) are second degree felonies punishable by 15 years in prison and a $10,000 fine; in death cases where the operator failed to render aid, the defendant may be charged with a first-degree felony and could face 30 years in prison. Reckless boating is a first-degree misdemeanor pursuant to Florida Statute Section 327.33.
An experienced boating violations attorney can take steps to dismantle the government’s case by identifying factual discrepancies, constitutional violations, and procedural missteps. Some defenses to consider are:
Beyond attacking a boating charge on its merits, a great boating violations attorney will also present mitigating information and proof of compliance with the goal of negotiating a reduced penalty or dismissal of the case. In cases involving registration or equipment issues, presenting proof to the court that the problem was fixed can go a long way.
8461 Lake Worth Road Ste 441, Lake Worth, Florida 33467, United States
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