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Florida Statute 327.33 | Lawyer Caselaw & Research
F.S. 327.33 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 327.33

The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS
Chapter 327
VESSEL SAFETY
View Entire Chapter
F.S. 327.33
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 likely to endanger, life or limb, or damage the property of, or injure a person is guilty of reckless operation of a vessel. Reckless operation of a vessel includes, but is not limited to, a violation of s. 327.331(6). A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(2) A person who operates any vessel upon the waters of this state shall operate the vessel in a reasonable and prudent manner, having regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances so as not to endanger the life, limb, or property of another person outside the vessel or to endanger the life, limb, or property of another person due to vessel overloading or excessive speed. The failure to operate a vessel in a manner described in this subsection constitutes careless operation. However, vessel wake and shoreline wash resulting from the reasonable and prudent operation of a vessel, absent negligence, does not constitute damage or endangerment to property. A person who violates this subsection commits a noncriminal violation as defined in s. 775.08.
(3) Each person operating a vessel upon the waters of this state shall comply with the navigation rules.
(a) A person who violates the navigation rules and the violation results in a boating accident causing serious bodily injury as defined in s. 327.353 or death, but the violation does not constitute reckless operation of a vessel, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) A person who violates the navigation rules and the violation does not constitute reckless operation of a vessel commits a noncriminal violation as defined in s. 775.08, punishable as provided in s. 327.73.
(c) Law enforcement vessels may deviate from the navigational rules when such diversion is necessary to the performance of their duties and when such deviation may be safely accomplished.
(4) Unless otherwise provided in this chapter, the ascertainment of fault in vessel operations and boating accidents shall be determined according to the navigation rules.
History.s. 1, ch. 59-400; s. 3, ch. 63-105; s. 1, ch. 65-361; s. 6, ch. 81-100; s. 6, ch. 84-188; s. 6, ch. 86-35; s. 2, ch. 88-133; s. 2, ch. 89-136; s. 45, ch. 91-224; s. 1, ch. 92-92; s. 6, ch. 2000-362; s. 1, ch. 2011-152; s. 1, ch. 2016-134; s. 4, ch. 2016-171.
Note.Former s. 371.50.

F.S. 327.33 on Google Scholar

F.S. 327.33 on Casetext

Amendments to 327.33


Arrestable Offenses / Crimes under Fla. Stat. 327.33
Level: Degree
Misdemeanor/Felony: First/Second/Third

S327.33 1 - PUBLIC ORDER CRIMES - RECKLESS OPERATION OF VESSEL - M: F
S327.33 2 - PUBLIC ORDER CRIMES - REMOVED - I: N
S327.33 3a - HEALTH-SAFETY - VIOL NAVIGATN RULES CAUSE SER BOD INJURY DEATH - M: S
S327.33 3b - PUBLIC ORDER CRIMES - REMOVED - I: N



Annotations, Discussions, Cases:

Cases from cite.case.law:

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 262 So. 3d 59 (Fla. 2019)

. . . Reckless driving 316.192 28.5 Reckless operation of 327.33 vessel Culpable negligence 784.05(2) 8.9 Culpable . . .

IN RE STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT, 238 So. 3d 192 (Fla. 2018)

. . . This instruction was adopted in 2018. 28.19 RECKLESS [OPERATION OF A VESSEL] [MANIPULATION] § 327.33( . . . Lesser Included Offense RECKLESS [OPERATION OF A VESSEL] [MANIPULATION] - 327.33(1) CATEGORY ONE CATEGORY . . .

AMERICAN HERITAGE LIFE INSURANCE COMPANY, v. MORALES,, 159 So. 3d 160 (Fla. Dist. Ct. App. 2015)

. . . [The Insured] operated Vfehicle] 1 in violation of Florida State Statute 327.33(1) which states, it is . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- REPORT NO., 994 So. 2d 1038 (Fla. 2008)

. . . Reckless driving 316.192 28.5 Reckless or careless op- 327.33 eration of vessel Culpable negligence 784.05 . . .

In STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES- No., 946 So. 2d 1061 (Fla. 2006)

. . . Reckless driving_316.192_28.5 Reckless or Careless 327.33 Operation of Vessel_ Culpable negligence 784.05& . . .

J. S. G. JR. v. STATE, 927 So. 2d 187 (Fla. Dist. Ct. App. 2006)

. . . . § 2005, resulting in a boating accident, which is a second-degree misdemeanor under section 327.33( . . . The trial court found J.S.G. not guilty of culpable negligence, but guilty under section 327.33(3)(a) . . . Section 327.33(3) provides that “[e]ach person operating a vessel upon the waters of this state shall . . . Section 327.33(3)(a) provides that a “person whose violation of the navigation rules results in a boating . . . Section 327.33(3) provides that each person operating a “vessel” shall comply with the navigation rules . . .

B. TAGUE, d b a v. FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION,, 390 F. Supp. 2d 1195 (M.D. Fla. 2005)

. . . In subsections (5), (6), (7), and (18), Rule 68C-22.002 makes reference to § 327.33 of the Florida Statutes . . . Section 327.33 governs the “[rjeckless or careless operation of a vessel” and it is a subsection of the . . .

LEE COUNTY, a v. LIPPI J M a d b a s, 662 So. 2d 1304 (Fla. Dist. Ct. App. 1995)

. . . or municipality may adopt ordinances which provide for enforcement of noncriminal violations of s. 327.33 . . .

STATE v. N. SMITH,, 624 So. 2d 355 (Fla. Dist. Ct. App. 1993)

. . . Gruen addresses the constitutionality of section 327.33(3)(a), Florida Statutes (1989). . . . “negligent,” appears in only section 327.33(2) where the “careless operation” of a vessel is made a noncriminal . . .

STATE v. GRUEN,, 586 So. 2d 1280 (Fla. Dist. Ct. App. 1991)

. . . The state appeals from an order granting the defendant’s motion to dismiss and finding section 327.33 . . . counts of violation of the navigation rules resulting in a boating accident, as proscribed by section 327.33 . . . The state contends that the trial court erred in declaring section 327.33(3)(a) unconstitutional due . . . Section 327.33(3)(a) does not punish mere presence, or a wholly passive conduct, or an activity totally . . . Rather, section 327.33(3)(a) regulates conduct in the course of operating a vessel; it proscribes the . . .

OF AMERICA BANK, MID- MICHIGAN, N. A. a E. W. v. UNITED STATES, 752 F. Supp. 764 (E.D. Mich. 1990)

. . . 94.93 2002 252.36 91.87 2003 265.84 89.00 2004 280.03 86.30 2005 294.99 83.76 2006 3,273.34 857.14 2007 327.33 . . .

BENNET v. MURPHY, 1 F. Supp. 129 (S.D.N.Y. 1932)

. . . Bank, $4,379.33, in satisfaction of an alleged lien on the deposit; and to the mother individually $327.33 . . .