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F.S. 327.30 on Google Scholar

F.S. 327.30 on Casetext

Amendments to 327.30


The 2022 Florida Statutes (including 2022 Special Session A and 2023 Special Session B)
Title XXIV
VESSELS
Chapter 327
VESSEL SAFETY
View Entire Chapter
F.S. 327.30 Florida Statutes and Case Law
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 other casualty such assistance as is practicable and necessary in order to save them from or minimize any danger caused by the collision, accident, or other casualty, and also to give his or her name, address, and identification of his or her vessel in writing to any person injured and to the owner of any property damaged in the collision, accident, or other casualty. The operator of a vessel involved in an accident with an unattended vessel shall take all reasonable steps to locate and notify the owner or person in charge of such vessel of the accident, furnishing to such owner his or her name, address, and registration number and reporting as required under this section.
(2) In the case of collision, accident, or other casualty involving a vessel in or upon or entering into or exiting from the water, including capsizing, collision with another vessel or object, sinking, personal injury requiring medical treatment beyond immediate first aid, death, disappearance of any person from on board under circumstances which indicate the possibility of death or injury, or damage to any vessel or other property in an apparent aggregate amount of at least $2,000, the operator shall without delay, by the quickest means available give notice of the accident to one of the following agencies: the Division of Law Enforcement of the Fish and Wildlife Conservation Commission; the sheriff of the county within which the accident occurred; or the police chief of the municipality within which the accident occurred, if applicable.
(3) The statutory duty of a person to make a report or give information to a law enforcement officer making a written report relating to an accident does not extend to information that would violate the privilege of such person against self-incrimination.
(4) Each coroner or other official performing like functions, upon learning of the death of a person in his or her jurisdiction as a result of a boating accident, shall immediately notify the nearest office of the Department of Law Enforcement.
(5) It is unlawful for a person operating a vessel involved in an accident or injury to leave the scene of the accident or injury without giving all possible aid to all persons involved and making a reasonable effort to locate the owner or persons affected and subsequently complying with and notifying the appropriate law enforcement official as required under this section. Any person who violates this subsection with respect to an accident resulting in personal injury commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Any person who violates this subsection with respect to an accident resulting in property damage only commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(6) Any law enforcement officer who investigates a boating collision or accident may arrest or cite the operator of any vessel involved in the accident or collision when, based upon personal investigation, the officer has probable cause to believe that the operator has committed any offense in connection with the accident or collision.
(7) In addition to any other penalty provided by law, a court may order a person convicted of a violation of this section or of any rule adopted or order issued by the commission pursuant to this section to pay an additional fine of up to $1,000 per violation. All fines assessed and collected pursuant to this subsection shall be remitted by the clerk of the court to the Department of Revenue to be deposited into the Marine Resources Conservation Trust Fund to be used to enhance state and local law enforcement activities related to boating infractions. As used in this subsection, the terms “convicted” and “conviction” mean any judicial disposition other than acquittal or dismissal.
History.—s. 1, ch. 59-399; s. 4, ch. 61-511; s. 1, ch. 65-361; ss. 25, 35, ch. 69-106; s. 34, ch. 79-65; s. 5, ch. 81-100; s. 24, ch. 87-243; s. 1, ch. 87-392; s. 3, ch. 89-117; s. 44, ch. 91-224; s. 455, ch. 95-148; s. 16, ch. 96-330; s. 41, ch. 97-96; s. 22, ch. 99-245; s. 2, ch. 2003-143; s. 2, ch. 2022-197.
Note.—Former s. 371.141.

Statutes updated from Official Statutes on: March 07, 2023
F.S. 327.30 on Google Scholar

F.S. 327.30 on Casetext

Amendments to 327.30


Arrestable Offenses / Crimes under Fla. Stat. 327.30
Level: Degree
Misdemeanor/Felony: First/Second/Third

327.30 - PUBLIC ORDER CRIMES - FAIL TO REPORT BOAT ACCIDENT - M: S
327.30 5 - PUBLIC ORDER CRIMES - LEAVE SCENE OF VESSEL ACCIDENT OR INJURY - F: T
327.30 5 - PUBLIC ORDER CRIMES - LEAVE SCENE OF VESSEL ACCIDENT PROP DMG ONLY - M: S

Civil Citations / Citable Offenses under S327.30
R or S next to points is Mandatory Revocation or Suspension

Current data shows no reason a civil citation or a suspension or revocation of license should have been issued under Florida Statute 327.30.

Annotations, Discussions, Cases:

  1. McClung v. Paul

    788 F.3d 822 (8th Cir. 2015)   Cited 9 times
    The Army Corps of Engineers manages federal water resource development projects such as Greers Ferry Lake under 16 U.S.C. § 460d, part of the 1944 Flood Control Act. Regulations governing public use of such federal water resources are found in 36 C.F.R. pt. 327. No private structure may be located on public lands or waters without a permit, and removal or alteration of public property (including vegetation) is prohibited without written permission. 36 C.F.R. §§ 327.14, 327.20, 327.30(f)(1). The Corps issues permits for private shoreline use in accordance with the Shoreline Management Plan (SMP) for each project. 36 C.F.R. §§ 327.19(e), 327.30(d)(2)-(3). The Corps district commander may revoke permits “when it is determined that the public interest requires such revocation or when the permittee fails to comply with terms and conditions of the permit [or] the Shoreline Management Plan.” 36 C.F.R. § 327.30, app. A(3).
    PAGE 824

  2. Tatro v. Sec'y of Health & Human Servs.

    No. 18-1013V (Fed. Cl. Jul. 26, 2021)
    Upon review, the undersigned finds the overall hours billed to be reasonable. Counsel has provided sufficiently detailed descriptions for the tasks performed, and, upon review, the undersigned does not find any of the billing entries to be unreasonable. Accordingly, Petitioner is awarded final attorneys' fees in the amount of $41, 327.30.
    PAGE 2

  3. McClung v. Paul

    Case No. 1:13-cv-00044-KGB (E.D. Ark. Sep. 25, 2014)
    The Corps's policies for shoreline management are implemented through the preparation of a Shoreline Management Plan ("SMP") that the Corps is required to prepare for each project where private shoreline use is allowed. Id., § 327.30(d)(3), (e)(1). Private shoreline uses "may be authorized" consistent with approved use allocations specified in the SMPs. Id., § 327.30(d)(2). Shoreline use permits are required for private structures and activities on project waters and for vegetation modification. Id., § 327.30(f)(1)(ii), (iv).
    PAGE 3

  4. Dodd v. Lopez

    CIVIL ACTION NO. 1:12CV-000120-JHM (W.D. Ky. Aug. 6, 2013)
    In this case, there is no dispute that the Corps' decision related to the dock permit constitutes agency action within the meaning of the APA. The question is whether Plaintiffs have suffered a legal wrong or injury that falls within the "zone of interests" of the statutory provision the Plaintiffs claim as violated. Title 36 C.F.R. § 327.30, entitled "Shoreline Management on Civil Works Projects," provides in relevant part as follows:
    PAGE 6

  5. AGO

    82-65 (Ops. Fla. Atty. Gen. Sep. 1, 1982)
    In summary, unless or until legislatively or judicially determined otherwise, it is my opinion that accident reports made by marine patrol officers pursuant to s 327.30(5), F.S. (as opposed to reports made by persons involved in accidents pursuant to s 327.30, F.S.), are public records subject to the examination, inspection, and photocopying provisions of Ch. 119, F.S., and the department need not delete or excise any information obtained from persons involved in accidents which is contained in such accident reports. This conclusion in no way applies to or limits the confidentiality which has been legislatively mandated by s 327.30(3), F.S., for accident reports filed by persons involved in the accident. However, the persons involved in a boating accident may waive the confidentiality provision in s 327.30(3), F.S., for accident reports filed by such persons, and may inspect and copy his or her own accident report.

  6. Gardner v. U.S. Army Corps of Engineers

    504 F. Supp. 2d 396 (E.D. Ark. 2007)   Cited 2 times
    36 C.F.R. § 327.30.
    PAGE 11

  7. Cromer v. U.S.

    Civil Action No. 8:07-0126-WMC (D.S.C. Sep. 25, 2008)
    The statutory authority for the Corps of Engineers' regulation of various shorelines is 16 U.S.C. § 460d, which states that public use of the water areas and shoreline of water resource development projects is under the control of the Department of the Army and shall be in accordance with "rules and regulations as the Secretary of the Army may deem necessary." The Corps of Engineers' authority to issue a Shoreline Use Permit ("SUP") is found under Title 36, Code of Federal Regulations, Part 327.0, Rules and Regulations Governing Public Use of Water Resource Development Projects Administered by the Chief of Engineers. Title 36 addresses permits and private shoreline use in parts 327.19 and 327.30 and Appendixes A-C to part 327.30. Part 327.19 states that permits for floating structures "shall be issued at the discretion of the District Commander under the authority of this regulation." Part 327.30 addresses policy and guidance on management of shorelines of civil works projects and the issuance of SUPs. The Agency promulgates Shoreline Management Plans (each water resource has its own Plan) that contain, among other items related to shoreline management…
    PAGE 4

  8. Liddle v. Corps of Engineers of U.S. Army

    981 F. Supp. 544 (M.D. Tenn. 1997)   Cited 2 times
    § 327.30 Shoreline Management on Civil Works Projects
    PAGE 551

  9. Matthews v. United States

    713 F.2d 677 (11th Cir. 1983)   Cited 34 times

    along the shores of such projects shall be maintained for general public use .... Title 36 C.F.R. § 327.30(d)(1) (1982), regarding lakeshore management at government owned lakes, provides, in pertinent part:

    property to the degree necessary to gain maximum benefits to the general public. Title 36 C.F.R. § 327.30(e)(4)(ii) (1982), regarding public recreation areas, such as the shoreline where Dock F is located

  10. Matthews v. United States

    526 F. Supp. 993 (M.D. Ga. 1981)   Cited 12 times
    The regulations at 36 C.F.R. § 327.30 deal with lakeshore management at government owned lakes such as Lake Hartwell. 36 C.F.R. § 327.30(d)(1) provides in pertinent part:
    PAGE 1003