327.01 – Short Title.
327.01 Short title.—This chapter shall be known as the “Florida Vessel Safety Law.” History.—s. 1, ch. 59-399; s. 1, ch. 65-361; s. 1, ch. 84-184; s. 5, ch. 99-289. Note.—Former s. 371.011.
327.02 – Definitions.
327.02 Definitions.—As used in this chapter and in chapter 328, unless the context clearly requires a different meaning, the term: (1) “Airboat” means a vessel that is primarily designed for use in shallow waters and powered by an internal combustion engine with an airplane-type propeller mounted above the stern and used to push air across a set […]
327.04 – Rules.
327.04 Rules.—The commission may adopt rules pursuant to ss. 120.536(1) and 120.54 to implement this chapter, the provisions of chapter 705 relating to vessels, and s. 823.11 conferring powers or duties upon it. History.—s. 1, ch. 59-399; s. 4, ch. 63-103; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 154, ch. 94-356; s. 48, […]
327.30 – Collisions, Accidents, and Casualties.
327.30 Collisions, accidents, and casualties.— (1) It is the duty of the operator of a vessel involved in a collision, accident, or other casualty, so far as he or she can do so without serious danger to the operator’s own vessel, crew, and passengers, if any, to render to other persons affected by the collision, accident, or […]
327.301 – Written Reports of Accidents.
327.301 Written reports of accidents.— (1) The operator of a vessel that is in any manner involved in an accident resulting in bodily injury, death, or disappearance of any person or damage to any vessel or other property in an apparent aggregate amount of at least $2,000 shall, within the time limits specified in 33 C.F.R. s. […]
327.302 – Accident Report Forms.
327.302 Accident report forms.— (1) The commission shall prepare and, upon request, supply to police departments, sheriffs, and other appropriate agencies or individuals forms for accident reports as required in this chapter, suitable with respect to the persons required to make such reports and the purposes to be served. The forms must call for sufficiently detailed information […]
327.31 – Transmittal of Information.
327.31 Transmittal of information.—In accordance with any request made by an authorized official or agency of the United States, any information compiled or otherwise available to the Division of Law Enforcement concerning boating accidents or other data shall be transmitted to that official or agency of the United States and annual statistics shall be assembled as […]
327.32 – Vessel Declared Dangerous Instrumentality; Civil Liability.
327.32 Vessel declared dangerous instrumentality; civil liability.—All vessels, of whatever classification, shall be considered dangerous instrumentalities in this state, and any operator of a vessel shall, during any utilization of the vessel, exercise the highest degree of care in order to prevent injuries to others. Liability for reckless or careless operation of a vessel shall be […]
327.33 – Reckless or Careless Operation of Vessel.
327.33 Reckless or careless operation of vessel.— (1) It is unlawful to operate a vessel in a reckless manner. A person who operates any vessel, or manipulates any water skis, aquaplane, or similar device, in willful or wanton disregard for the safety of persons or property at a speed or in a manner as to endanger, or […]
327.331 – Divers; Definitions; Divers-Down Warning Device Required; Obstruction to Navigation of Certain Waters; Penalty.
327.331 Divers; definitions; divers-down warning device required; obstruction to navigation of certain waters; penalty.— (1) As used in this section: (a) “Diver” means a person who is wholly or partially submerged in the waters of the state and is equipped with a face mask and snorkel or underwater breathing apparatus. (b) “Divers-down buoy” means a buoyant device, other than […]
327.34 – Incapacity of Operator.
327.34 Incapacity of operator.—It is unlawful for the owner of any vessel or any person having such in charge or in control to authorize or knowingly permit the same to be operated by any person who by reason of physical or mental disability is incapable of operating such vessel under the prevailing circumstances. Nothing in this […]
327.35 – Boating Under the Influence; Penalties; “Designated drivers.”
327.35 Boating under the influence; penalties; “designated drivers.”— (1) A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and: (a) The person is under the influence of alcoholic beverages, any chemical substance set forth in […]
327.352 – Tests for Alcohol, Chemical Substances, or Controlled Substances; Implied Consent; Refusal.
327.352 Tests for alcohol, chemical substances, or controlled substances; implied consent; refusal.— (1)(a)1. The Legislature declares that the operation of a vessel is a privilege that must be exercised in a reasonable manner. In order to protect the public health and safety, it is essential that a lawful and effective means of reducing the incidence of boating […]
327.35215 – Penalty for Failure to Submit to Test.
327.35215 Penalty for failure to submit to test.— (1) A person lawfully arrested for an alleged violation of s. 327.35 who refuses to submit to a blood test, breath test, or urine test pursuant to s. 327.352 is subject to a civil penalty of $500. (2) When a person refuses to submit to a blood test, breath test, […]
327.353 – Blood Test for Impairment or Intoxication in Cases of Death or Serious Bodily Injury; Right to Use Reasonable Force.
327.353 Blood test for impairment or intoxication in cases of death or serious bodily injury; right to use reasonable force.— (1)(a) If a law enforcement officer has probable cause to believe that a vessel operated by a person under the influence of alcoholic beverages, any chemical substances, or any controlled substances has caused the death or serious […]
327.354 – Presumption of Impairment; Testing Methods.
327.354 Presumption of impairment; testing methods.— (1) It is unlawful and punishable as provided in s. 327.35 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s normal faculties are impaired or to the extent that the person is deprived of full possession of normal […]
327.355 – Operation of Vessels by Persons Under 21 Years of Age Who Have Consumed Alcoholic Beverages.
327.355 Operation of vessels by persons under 21 years of age who have consumed alcoholic beverages.— (1)(a) Notwithstanding s. 327.35, it is unlawful for a person under the age of 21 who has a breath-alcohol level of 0.02 or higher to operate or be in actual physical control of a vessel. (b) A law enforcement officer who has […]
327.359 – Refusal to Submit to Testing; Penalties.
327.359 Refusal to submit to testing; penalties.—A person who has refused to submit to a chemical or physical test of his or her breath or urine, as described in s. 327.352, and who has been previously fined under s. 327.35215 or has previously had his or her driver license suspended for refusal to submit to a […]
327.36 – Mandatory Adjudication; Prohibition Against Accepting Plea to Lesser Included Offense.
327.36 Mandatory adjudication; prohibition against accepting plea to lesser included offense.— (1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 327.35, for manslaughter resulting from the operation of a vessel, or for vessel homicide. (2)(a) No trial judge may accept a […]
327.37 – Water Skis, Parasails, Aquaplanes, Kiteboarding, Kitesurfing, and Moored Ballooning Regulated.
327.37 Water skis, parasails, aquaplanes, kiteboarding, kitesurfing, and moored ballooning regulated.— (1)(a) A person may not operate a vessel on any waters of this state towing a person on water skis, or an aquaplane, or similar device unless there is in such vessel a person, in addition to the operator, in a position to observe the progress […]