(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). If a person violates this subsection and the violation:
(a) Does not result in an accident, the person commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(b) Results in an accident that causes damage to the property or person of another, the person commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.
(c) Results in an accident that causes serious bodily injury as defined in s. 316.192, the person commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(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.
Cited 12 times | Published | Florida 5th District Court of Appeal | 1991 WL 213269
...We grant the motion, withdraw our previous opinion, and substitute the following: Richard Krebs petitions for certiorari review of the circuit court's dismissal of his appeal from the county court. We grant the writ. Combs v. State, 436 So.2d 93 (Fla. 1983). Krebs was convicted in the county court of violating section 327.33(3)(a), Florida Statutes, governing navigation on waterways....
Cited 3 times | Published | Florida 3rd District Court of Appeal | 1991 WL 193106
...Addison J. Meyers, Anderson, Moss, Parks & Russo, P.A. and G. Richard Strafer, Quinon & Strafer, P.A., for appellee. Before LEVY, GERSTEN and GODERICH, JJ. PER CURIAM. The state appeals from an order granting the defendant's motion to dismiss and finding section 327.33(3)(a), Florida Statutes (1989) unconstitutional. We reverse. The defendant, Sheldon Gruen, was charged in an amended information with two counts of violation of the navigation rules resulting in a boating accident, as proscribed by section 327.33(3)(a). Count I alleged that the defendant operated a vessel without maintaining a look-out. Count II alleged that the defendant improperly conducted a vessel in restricted visibility. The defendant filed a motion to dismiss the information alleging that section 327.33(3)(a) is unconstitutional because it is vague and lacks a mens rea requirement. The trial court found the statute unconstitutional for failing to include a mens rea requirement and granted the defendant's motion to dismiss. The state appeals. The state contends that the trial court erred in declaring section 327.33(3)(a) unconstitutional due to the absence of an element of criminal intent....
...But crimes proscribing conduct not prohibited at common law or crimes "mala prohibita", which usually result from neglect, do not require any criminal intent. Id. In the instant case, the defendant is charged with violating the duties of care imposed by the legislature in enacting section 327.33....
...Minnesota, 218 U.S. 57, 30 S.Ct. 663, 54 L.Ed. 930 (1910) (held statute did not deny due process of law, but may be justified as a valid exercise of police power). The statute in the instant case is distinguishable from the ordinance struck down in Lambert. Section 327.33(3)(a) does not punish mere presence, or a wholly passive conduct, or an activity totally unrelated to its goal of avoiding boating accidents. Rather, section 327.33(3)(a) regulates conduct in the course of operating a vessel; it proscribes the failure to act under circumstances that should alert the operator of the vessel to the consequences of his or her deeds. See Lambert, 355 U.S. at 228, 78 S.Ct. at 243, 2 L.Ed.2d at 231. Section 327.33 is designed to protect the public health, safety and welfare [2] of vessel operators and other persons using Florida's waterways; it is not "a law enforcement technique designed for the convenience of law enforcement agencies." See Lambert, 355 U.S....
...t. The Florida Legislature provided no definition of the word "vessel" in the "Definitions" section of Chapter 68C-22. See generally Rule 68C-22.002, Fla. Admin. Code (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 "[r]eckless or careless operation of a vessel" and it is a subsection of the chapter in the Florida Statutes known as the "Florida Vessel Safety Law." See § 327.01 Fla....
which is a second-degree misdemeanor under section 327.33(3)(a), Florida Statutes (2003). The trial court
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