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Florida Statute 327.354 - Full Text and Legal Analysis
Florida Statute 327.354 | Lawyer Caselaw & Research
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F.S. 327.354 Case Law from Google Scholar Google Search for Amendments to 327.354

The 2025 Florida Statutes

Title XXIV
VESSELS
Chapter 327
VESSEL SAFETY
View Entire Chapter
327.354 Presumption of impairment; testing methods.—
(1) It is unlawful and punishable as provided in s. 327.35 for any person who is under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s normal faculties are impaired or to the extent that the person is deprived of full possession of normal faculties, to operate any vessel within this state. Such normal faculties include, but are not limited to, the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies, and, in general, normally perform the many mental and physical acts of daily life.
(2) At the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while operating a vessel while under the influence of alcoholic beverages or controlled substances, when affected to the extent that the person’s normal faculties were impaired or to the extent that he or she was deprived of full possession of his or her normal faculties, the results of any test administered in accordance with s. 327.352 or s. 327.353 and this section are admissible into evidence when otherwise admissible, and the amount of alcohol in the person’s blood or breath at the time alleged, as shown by chemical analysis of the person’s blood, or by chemical or physical test of the person’s breath, gives rise to the following presumptions:
(a) If there was at that time a blood-alcohol level or breath-alcohol level of 0.05 or less, it is presumed that the person was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(b) If there was at that time a blood-alcohol level or breath-alcohol level in excess of 0.05 but less than 0.08, that fact does not give rise to any presumption that the person was or was not under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired but may be considered with other competent evidence in determining whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.
(c) If there was at that time a blood-alcohol level or breath-alcohol level of 0.08 or higher, that fact is prima facie evidence that the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired. Any person who operates a vessel and who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of operating a vessel with an unlawful blood-alcohol level or breath-alcohol level.

The presumptions provided in this subsection do not limit the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcoholic beverages to the extent that his or her normal faculties were impaired.

(3) A chemical analysis of a person’s blood to determine alcoholic content or a chemical or physical test of a person’s breath, in order to be considered valid under this section, must have been performed substantially in accordance with methods approved by the Department of Law Enforcement and by an individual possessing a valid permit issued by the department for this purpose. Insubstantial differences between approved techniques and actual testing procedures or insubstantial defects concerning the permit issued by the department, in any individual case, do not render the test or test results invalid. The Department of Law Enforcement may approve satisfactory techniques or methods, ascertain the qualifications and competence of individuals to conduct such analyses, and issue permits subject to termination or revocation in accordance with rules adopted by the department.
(4) Any person charged with a violation of s. 327.35 is entitled to trial by jury according to the Florida Rules of Criminal Procedure.
(5) An affidavit containing the results of any test of a person’s blood or breath to determine its alcohol content, as authorized by s. 327.352 or s. 327.353, is admissible in evidence under the exception to the hearsay rule in s. 90.803(8) for public records and reports. The affidavit is admissible without further authentication and is presumptive proof of the results of an authorized test to determine alcohol content of the blood or breath if the affidavit discloses:
(a) The type of test administered and the procedures followed;
(b) The time of the collection of the blood or breath sample analyzed;
(c) The numerical results of the test indicating the alcohol content of the blood or breath;
(d) The type and status of any permit issued by the Department of Law Enforcement which was held by the person who performed the test; and
(e) If the test was administered by means of a breath testing instrument, the date of performance of the most recent required maintenance on such instrument.

The Department of Law Enforcement shall provide a form for the affidavit. Admissibility of the affidavit does not abrogate the right of the person tested to subpoena the person who administered the test for examination as an adverse witness at a civil or criminal trial or other proceeding.

History.—s. 4, ch. 84-188; s. 4, ch. 88-82; s. 9, ch. 91-255; s. 24, ch. 92-58; s. 10, ch. 93-124; s. 461, ch. 95-148; s. 23, ch. 96-330.

F.S. 327.354 on Google Scholar

F.S. 327.354 on CourtListener

Amendments to 327.354


Annotations, Discussions, Cases:

Cases Citing Statute 327.354

Total Results: 8  |  Sort by: Relevance  |  Newest First

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In Re Stand. Jury Instructions in Crim. Cases—Report No. 2008-08, 6 So. 3d 574 (Fla. 2009).

Cited 34 times | Published | Supreme Court of Florida | 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

...( ) is a controlled substance under Florida law. Ch. 893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the "presumptions of impairment" established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....
...( ) is a controlled substance under Florida law. Ch. 893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the "presumptions of impairment" established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....
...( ) is a controlled substance under Florida law. Ch. 893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the "presumptions of impairment" established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....
...*603 ( ) is a controlled substance under Florida law. Ch. 893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the "presumptions of impairment" established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....
..."Serious bodily injury" means a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. When appropriate, give one or more of the following instructions on the "presumptions of impairment" established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....
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Cameron v. State, 804 So. 2d 338 (Fla. 4th DCA 2001).

Cited 9 times | Published | Florida 4th District Court of Appeal | 2001 WL 803716

...As regards these charges only, it was error for the trial court to instruct the jury on the statutory presumptions of impairment. [4] Because the state did not opt to adduce blood alcohol test results complying with the testing procedures set forth in section 327.354(3), that statutory presumption was not available. [5] Where the state elects to adduce blood sample test results drawn by hospital personnel and given to police under section 327.352(3) and which do not comply with 327.354(3), a trial court may not instruct the jury as to the statutory presumptions of impairment....
...the six BUI manslaughter counts, 3 of the six UBAL manslaughter counts, the UBAL bodily injury count, and the UBAL property damage count. [3] Section 327.352(3) is a carbon copy of section 316.1933(4), applicable to motor vehicle operators. [4] See § 327.354(2)(c), Fla....
...her normal faculties were impaired. Any person who operates a vessel and who has a blood-alcohol level or breath-alcohol level of 0.08 or higher is guilty of operating a vessel with an unlawful blood-alcohol level or breath-alcohol level."). [5] See § 327.354(3), Fla....
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Bonine v. State, 811 So. 2d 863 (Fla. 5th DCA 2002).

Cited 4 times | Published | Florida 5th District Court of Appeal | 2002 WL 464162

..., six counts of manslaughter with an unlawful blood alcohol level and other criminal charges. The jury found him guilty on all counts. The state did not opt to adduce the blood alcohol tests results complying with the testing procedures set forth in section 327.354(3), and thus the statutory presumption was not available....
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In Re Stand. Jury Instructions in Crim. Cases-report No. 2015-07, 192 So. 3d 1190 (Fla. 2016).

Cited 1 times | Published | Supreme Court of Florida | 2016 WL 2757011

...Davis, 110 So. 3d 27 (Fla. 2d DCA 2013). “Vessel” means a boat and includes every description of watercraft, barge, and airboat, other than a seaplane, on the water used or capable of being used as a means of transportation on water. § 327.354(1), Fla....
...893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by Give if appropriate. § 327.354(2)(a), and (2)(b), and (2)(c), Fla....
...demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. It is not necessary to instruct on the “prima facie evidence of impairment” in § 327.354(2)(c), Fla....
...2d DCA 2013). “Vessel” means a boat and includes every description of watercraft, barge, and airboat, other than a seaplane, on the water used or capable of being used as a means of transportation on water. - 43 - § 327.354(1), Fla....
...893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by Give if appropriate. § 327.354(2)(a), and (2)(b), and (2)(c), Fla....
...demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. It is not necessary to instruct on the “prima facie evidence of impairment” in § 327.354(2)(c), Fla....
...Davis, 110 So. 3d 27 (Fla. 2d DCA 2013). “Vessel” means a boat and includes every description of watercraft, barge, and airboat, other than a seaplane, on the water used or capable of being used as a means of transportation on water. § 327.354(1), Fla....
...893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by Give if appropriate. § 327.354(2)(a), and (2)(b), and (2)(c), Fla....
...demonstrating that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. It is not necessary to instruct on the “prima facie evidence of impairment” in § 327.354(2)(c), Fla....
...Davis, 110 So. 3d 27 (Fla. 2d DCA 2013). “Vessel” means a boat and includes every description of watercraft, barge, and airboat, other than a seaplane, on the water used or capable of being used as a means of transportation on water. § 327.354(1), Fla....
...substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by Give if appropriate. § 327.354(2)(a), and (2)(b), and (2)(c), Fla....
...influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. - 52 - It is not necessary to instruct on the “prima facie evidence of impairment” in § 327.354(2)(c), Fla....
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In Re Stand. Jury Instructions in Crim. Cases—Report No. 2016-08, 211 So. 3d 995 (Fla. 2017).

Cited 1 times | Published | Supreme Court of Florida

...Davis, 110 So. 3d 27 (Fla. 2d DCA 2013). “Vessel” means a boat and includes every description of watercraft, barge, and airboat, other than a seaplane, on the water used or capable of being used as a means of transportation on water. § 327.354(1), Fla....
...prove that the defendant knew or should have known that (victim) was pregnant or that the defendant intended to cause the death of the unborn child. When appropriate, give one or more of the following instructions on the presumptions of impairment established by §§ 327.354(2)(a), (2)(b), and (2)(c), Fla. Stat.Give if appropriate. § 327.354(2)(a) and (2)(b), Fla....
...that the defendant was not under the influence of alcoholic beverages to the extent that [his] [her] normal faculties were impaired. It is not necessary to instruct on the “prima facie evidence of impairment” in § 327.354(2)(c), Fla....
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Am. Heritage Life Ins. Co. v. Morales, 159 So. 3d 160 (Fla. 3d DCA 2015).

Published | Florida 3rd District Court of Appeal | 2015 Fla. App. LEXIS 653, 2015 WL 249333

...There is no issue of fact in this record, whether alcohol contributed to the accident. Alcohol was clearly a contributing factor. The Insured’s blood alcohol content is prima facie evidence that he was under the influence of alcoholic beverages to the extent that his normal faculties were impaired. § 327.354(2)(c), Fla....
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In re Stand. Jury Instructions in Crim. Cases—Report 2010-05, 87 So. 3d 679 (Fla. 2012).

Published | Supreme Court of Florida | 2012 WL 399879

...(_) is a controlled substance under Florida law. Ch. 893, Fla. Stat. (_) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by *693 § 327.354.(2)(a), (2)(b), and (2)(c), Fla....
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In Re Stand. Jury Instructions in Crim. Cases— Report No. 2013-03, 146 So. 3d 1110 (Fla. 2014).

Published | Supreme Court of Florida | 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

...893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....
...893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....
...893, Fla. Stat. ( ) is a chemical substance under Florida law. § 877.111(1), Fla. Stat. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....
...substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ. When appropriate, give one or more of the following instructions on the “presumptions of impairment” established by § 327.354(2)(a), (2)(b), and (2)(c), Fla....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.