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Florida Statute 327.461 | Lawyer Caselaw & Research
F.S. 327.461 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXIV
VESSELS
Chapter 327
VESSEL SAFETY
View Entire Chapter
F.S. 327.461
327.461 Safety zones, security zones, regulated navigation areas, and naval vessel protection zones; prohibited entry; penalties.
(1)(a) A person may not knowingly operate a vessel, or authorize the operation of a vessel, in violation of the restrictions of a safety zone, security zone, regulated navigation area, or naval vessel protection zone as defined in and established pursuant to 33 C.F.R. part 165.
(b) The intent of this section is to provide for state and local law enforcement agencies to operate in federally designated exclusion zones specified in paragraph (a). State and local law enforcement personnel may enforce these zones at the request of a federal authority if necessary to augment federal law enforcement efforts and if there is a compelling need to protect the residents and infrastructure of this state. Requests for state and local law enforcement personnel to enforce these zones must be made to the Department of Law Enforcement through the Florida Mutual Aid Plan described in s. 23.1231.
(2) A person who knowingly operates a vessel, or authorizes the operation of a vessel, in violation of the restrictions of such a safety zone, security zone, regulated navigation area, or naval vessel protection zone commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(3) A person who continues to operate, or authorize the operation of, a vessel in violation of the restrictions of such a safety zone, security zone, regulated navigation area, or naval vessel protection zone after being warned against doing so, or who refuses to leave or otherwise cease violating the restrictions of such a safety zone, security zone, regulated navigation area, or naval vessel protection zone after having been ordered to do so by a law enforcement officer or by competent military authority, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) A person who knowingly enters a safety zone, security zone, regulated navigation area, or naval vessel protection zone by swimming, diving, wading, or other similar means commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(5) A person who remains within or reenters such a safety zone, security zone, regulated navigation area, or naval vessel protection zone after being warned not to do so, or who refuses to leave or otherwise cease violating such a safety zone, security zone, regulated navigation area, or naval vessel protection zone after having been ordered to do so by a law enforcement officer or by competent military authority, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(6) Each incursion into such a safety zone, security zone, regulated navigation area, or naval vessel protection zone is considered a separate offense.
(7) An entry into such a safety zone, security zone, regulated navigation area, or naval vessel protection zone that has been authorized by the captain of the port or the captain’s designee is not a violation of this section.
History.s. 4, ch. 2004-74.

F.S. 327.461 on Google Scholar

F.S. 327.461 on Casetext

Amendments to 327.461


Arrestable Offenses / Crimes under Fla. Stat. 327.461
Level: Degree
Misdemeanor/Felony: First/Second/Third

S327.461 2 - PUBLIC ORDER CRIMES - OPERATE VESSEL IN RESTRICTED ZONE - M: F
S327.461 3 - PUBLIC ORDER CRIMES - OPERATE VESSEL IN ZONE AFTER WARNING - F: T
S327.461 4 - PUBLIC ORDER CRIMES - SWIM WADE DIVE IN RESTRICTED ZONE - M: F
S327.461 5 - PUBLIC ORDER CRIMES - STAY REENTER RESTRICTED ZONE AFTER WARNING - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

ELLERS, OAKLEY, CHESTER RIKE, INC. v. ST. LOUIS AIR CARGO SERVICES, INC. K. C. a a, 984 F.2d 1108 (10th Cir. 1993)

. . . . § 327.461. Reviewing the district court’s decision de novo, see Applied Genetics Int’l, Inc. v. . . . In affirming that decision in light of Mo.Rev.Stat. § 327.461, see Haith & Co., 778 S.W.2d at 421, the . . . Rev.Stat. § 327.461 barred Ellers, Oakley’s recovery. . . . Mo.Rev.Stat. § 327.461. . . . Section 327.461 precludes Ellers, Oakley from enforcing these contracts. . . .

KANSAS CITY COMMUNITY CENTER, v. HERITAGE INDUSTRIES, INC., 972 F.2d 185 (8th Cir. 1992)

. . . . § 327.461 (Vernon 1989). . . . Mo.Ann.Stat. § 327.461 (Vernon 1989) (emphasis added). . . . We believe section 327.461 clearly makes the unlicensed architect or engineer the offender, because only . . .

In BRANSON MALL, INC. CHARLES C. III, ARCHITECT, LTD. v. OZARK MOUNTAIN COUNTRY MALL, INC. L. J. O, 970 F.2d 456 (8th Cir. 1992)

. . . Section 327.461 renders contracts to perform architectural services entered into by unregistered corporations . . . In Haith, an unregistered engineering corporation was precluded under section 327.461 from enforcing . . . The bankruptcy court held that the contracts were unenforceable under section 327.461. . . . , R.S.Mo.; Haith & Co., 778 S.W.2d at 421 (“The import of § 327.461 is mandatory unenforceability of . . . Section 327.461 applies to engineering corporations as well as architectural corporations. . . . .

In BRANSON MALL, INC. CHARLES C. III, ARCHITECT, LTD. v. OZARK MOUNTAIN COUNTRY MALL, INC. L. J. O, 970 F.2d 456 (8th Cir. 1992)

. . . Section 327.461 renders contracts to perform architectural services entered into by unregistered corporations . . . In Haith, an unregistered engineering corporation was precluded under section 327.461 from enforcing . . . The bankruptcy court held that the contracts were unenforceable under section 327.461. . . . , R.S.Mo.; Haith & Co., 778 S.W.2d at 421 (“The import of § 327.461 is mandatory unenforceability of . . . Section 327.461 applies to engineering corporations as well as architectural corporations. . . . .

KANSAS CITY COMMUNITY CENTER, v. HERITAGE INDUSTRIES, INC., 773 F. Supp. 181 (W.D. Mo. 1991)

. . . . § 327.461 (1986). . . . Section 327.461 states that “[ejvery contract for architectural or engineering or land surveying services . . . Therefore, contends defendant, while the application of section 327.461 in Branson Mall, Haith, and Park . . .

In BRANSON MALL, INC. C. III, v. OZARK MOUNTAIN COUNTRY MALL, INC., 120 B.R. 1006 (Bankr. W.D. Mo. 1990)

. . . . § 327.461. . . . Rev.Stat. §§ 429.015.1 and 327.461; Maran-Cooke, Inc. v. . . . However, plaintiff’s characterization is not consistent when considered in light of § 327.461 and Haith . . . Section § 327.461 does not make an exception for one who registers before the documents are sealed. . . . The Court of Appeals in Haith, 778 S.W.2d at 421, stated: “[Section] 327.461 is preclusive and does not . . .

ELLERS, OAKLEY, CHESTER RIKE, INC. v. HAITH COMPANY, INC. ELLERS, OAKLEY, CHESTER RIKE, INC. v. ST. LOUIS AIR CARGO SERVICES, INC., 728 F. Supp. 646 (D. Kan. 1989)

. . . . § 327.461. . . .