The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS

Chapter 327
VESSEL SAFETY

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F.S. 327.36

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 plea of guilty to a lesser offense from a person who is charged with a violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide and who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood-alcohol level or breath-alcohol level of 0.15 or more.

(b) A trial judge may not accept a plea of guilty to a lesser offense from a person charged with a felony violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide.

History.—s. 27, ch. 87-243; s. 5, ch. 87-392; s. 10, ch. 91-255; s. 24, ch. 96-330; s. 10, ch. 2000-362; s. 8, ch. 2009-86.

F.S. 327.36 on Google Scholar

F.S. 327.36 on Casetext

Amendments to 327.36

Arrestable Offenses / Crimes under Fla. Stat. 327.36

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 327.36.

Annotations, Discussions, Cases:

Cases from cite.case.law:

WAITE, v. CITY OF FORT LAUDERDALE,, 681 So. 2d 901 (Fla. Dist. Ct. App. 1996)

. . . See §§ 112.3173(2)(a), 327.36(1), 775.087(3)(a), 784.07(2), 784.08(3), 790.165(3), 893.135(3), 893.20 . . .

FLORIDA POWER LIGHT COMPANY, v. WESTINGHOUSE ELECTRIC CORPORATION,, 826 F.2d 239 (4th Cir. 1987)

. . . This represents an increase of less than one third over the agreed upon $417,-327.36. . . .