Home
Menu
Call outside Criminal Attorney Mark S. Barnett
904-562-8444
F.S. 860.13 on Google Scholar

F.S. 860.13 on Casetext

Amendments to 860.13


The 2021 Florida Statutes

Title XLVI
CRIMES
Chapter 860
OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES, VESSELS, AND RAILROADS
View Entire Chapter
F.S. 860.13 Florida Statutes and Case Law
860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty.
(1) It shall be unlawful for any person:
(a) To operate an aircraft in the air or on the ground or water while under the influence of:
1. Alcoholic beverages;
2. Any substance controlled under chapter 893;
3. Any chemical substance set forth in s. 877.111; or
(b) To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.
(2) In any prosecution charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics.
(3) Violation of this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the Federal Aviation Administration for its guidance and information with respect to the pilot’s certificate.
History.ss. 1-4, ch. 25259, 1949; s. 1096, ch. 71-136; ss. 1, 2A, ch. 71-282; s. 32, ch. 73-331; s. 5, ch. 83-187; s. 15, ch. 2010-117.

Statutes updated from Official Statutes on: January 26, 2022
F.S. 860.13 on Google Scholar

F.S. 860.13 on Casetext

Amendments to 860.13


Arrestable Offenses / Crimes under Fla. Stat. 860.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

860.13 1a - PUBLIC ORDER CRIMES - RECKLESS OPR AIRCRAFT WHILE UND THE INFLUENCE - F: T
860.13 1b - PUBLIC ORDER CRIMES - OPERATE AIRCRAFT IN A CARELESS RECKLESS MANNER - F: T


Civil Citations / Citable Offenses under S860.13
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 860.13.


Annotations, Discussions, Cases:

  1. Hughes v. State

    943 So. 2d 176 (Fla. Dist. Ct. App. 2006)   Cited 9 times
    In Carswell, we found that section 860.13( 2) does incorporate the federal standards for the safe operations of aircraft. Carswell, 557 So.2d at 184. As it was undisputed in Carswell that the federal standards relied upon in that case existed at the time of section 860.13's enactment, we concluded that there was no improper delegation of legislative power. Id. In the instant case, however, the parties dispute whether the federal standards relied upon in this case existed at the time that section 860.13 was reenacted in 1983. The federal standards referred to in the instant case are found in 14 C.F.R. § 91.17(a), which prohibit a crewmember from acting in that capacity within eight hours of consuming any alcoholic beverage or with a blood alcohol level of .04 percent or higher. In 1983, the federal regulations clearly prohibited acting as a crewmember within eight hours of consuming alcohol. See 14 C.F.R. § 91.11. However, the prohibition against acting as a crewmember with a blood alcohol level of .04 percent or higher, did not exist in 1983. Thus, for section 860.13( 2) to adopt and include the federal regulation prohibiting acting as a crew…
    PAGE 190
  2. State v. Carswell

    557 So. 2d 183 (Fla. Dist. Ct. App. 1990)   Cited 2 times
    We first conclude that section 860.13, Florida Statutes, does not violate the single-subject rule of the Florida Constitution. This is because we find the matters in the statute are reasonably or logically connected. See Smith v. Department of Insurance, 507 So.2d 1080 (Fla. 1987); State v. Canova, 94 So.2d 181 (Fla. 1957). Moreover, even if the title to section 860.13, Florida Statutes, may be defective, the statute's reenactment cures any infirmity or defect in the title. See Honchell v. State, 257 So.2d 889 (Fla. 1972); Alterman Transport Lines, Inc. v. State, 405 So.2d 456 (Fla. 1st DCA 1981).
  3. Gluhareff v. State

    888 So. 2d 733 (Fla. Dist. Ct. App. 2004)   Cited 2 times
    Appellant, a private pilot, pled guilty to operating an aircraft while under the influence of alcohol in violation of section 860.13, Florida Statutes (2001), expressly reserving two dispositive legal questions for review: First, whether the statute is unconstitutionally vague for failure to define "under the influence," and second, whether the statute is void under the Supremacy Clause of the United States Constitution because it was preempted by federal law. We answer both questions in the negative and affirm.
  4. Piette v. Horn (In re Estate of Stevens)

    2015 WI App. 41 (Wis. Ct. App. 2015)   Cited 1 times
    ¶ 11 Horn and Miller sought permission from the circuit court to sell the Vilas County property to Horn and her son, pursuant to Wis. Stat. § 860.13. Section 860.13 provides:
    PAGE 904
  5. Cloyd v. State

    943 So. 2d 149 (Fla. Dist. Ct. App. 2006)   Cited 5 times
    In Carswell, we found that section 860.13( 2) does incorporate the federal standards for the safe operations of aircraft. Carswell, 557 So.2d at 184. As it was undisputed in Carswell that the federal standards relied upon in that case existed at the time of section 860.13's enactment, we concluded that there was no improper delegation of legislative power. Id. In the instant case, however, the parties dispute whether the federal standards relied upon in this case existed at the time that section 860.13 was reenacted in 1983. The federal standards referred to in the instant case are found in 14 C.F.R. § 91.17(a), which prohibit a crewmember from acting in that capacity within eight hours of consuming any alcoholic beverage or with a blood alcohol level of .04 percent or higher. In 1983, the federal regulations clearly prohibited acting as a crewmember within eight hours of consuming alcohol. See 14 C.F.R. § 91.11. However, the prohibition against acting as a crewmember with a blood alcohol level of .04 percent or higher, did not exist in 1983. Thus, for section 860.13( 2) to adopt and include the federal regulation prohibiting acting as a crew…
    PAGE 164
  6. Cloyd v. McDonough

    CASE NO. 07-22339-CIV-SEITZ/McALILEY (S.D. Fla. Jan. 7, 2009)
    In reaching this conclusion we note that the Third District Court's determination that the state criminal statute (section 860.13) concerns a different subject matter than the applicable federal regulations ( 14 C.F.R. parts 65, 121 and 135), finds support in the Eleventh Circuit's decision which, although it did not resolve this preemption question on the merits, did observe that the preemption language of Appendix I may not encompass Florida Statute section 860.13 because "it is not absolutely clear that the challenged Florida statutes cover the same subject matter" as the federal regulations. 377 F.3d at 1273.
    PAGE 15
  7. Hughes v. Attorney General of Florida

    377 F.3d 1258 (11th Cir. 2004)   Cited 240 times
    Fla. Stat. § 860.13.
    PAGE 1261
  8. Raik v. Dep't of Legal Affairs

    No. 1D21-2337 (Fla. Dist. Ct. App. Jul. 13, 2022)
    (b) A violation of s. 316.027(2), s. 316.193, s. 316.1935 s. 316.027(1), s. 327.35(1), s. 782.071(1)(b), or s. 860.13(1)(a) which results in physical injury or death.
    PAGE 19
  9. Lowell v. Hammarback (In re Estate of Lowell)

    2020 WI App. 1 (Wis. Ct. App. 2019)
    ¶8 Prior to the circuit court’s written decision on Faith Ann’s attorney’s fees motion, Patricia had moved the court for an order allowing her to personally bid at an online public auction that she had scheduled for "all items of art contained in the Inventory." This motion was based on Patricia’s recognition that "[u]nder WIS. STAT. § 860.13, [she could not] be a purchaser of the property unless there is Court approval."
  10. Office of Lawyer Regulation v. Jelinske (In re Jelinske)

    2018 WI 94 (Wis. 2018)   Cited 1 times
    Wis. Stat. § 860.13 provides:
    PAGE 614