Florida Statute 310.161 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXII
PORTS AND HARBORS

Chapter 310
PILOTS, PILOTING, AND PILOTAGE

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F.S. 310.161

310.161 Piloting without a license; penalties.—

(1) Any individual who is not a licensed state pilot or a certificated deputy pilot, and who directs the movement of a vessel on which a licensed state pilot or certificated deputy pilot is required is guilty of piloting without a license. Any person piloting without a license is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.

(2) In addition to, or in lieu of, the penalty provided in subsection (1), the department may seek the imposition of a civil penalty through the circuit court. The civil penalty shall be not less than $500 and not more than $5,000 for each offense. The court shall also award to the prevailing party court costs and reasonable attorney fees and, in the event the department prevails, may also award reasonable costs of investigation.

(3) The vessel and its owner shall be obligated to pay to the licensed state pilots at the port where the violation of subsection (1) occurred, the pilotage rate which would otherwise have been applicable, and, if the pilots in said port must resort to legal action to obtain a judgment therefor, the court shall also award to the prevailing party court costs and reasonable attorney fees.

History.—s. 2, ch. 75-201; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 16, ch. 78-140; s. 2, ch. 81-318; ss. 2, 3, ch. 84-185; ss. 10, 11, ch. 86-280; s. 2, ch. 89-262; s. 8, ch. 90-54; s. 6, ch. 90-144; s. 4, ch. 91-429.

F.S. 310.161 on Google Scholar

F.S. 310.161 on Casetext

Amendments to 310.161

Arrestable Offenses / Crimes under Fla. Stat. 310.161

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

S310.161 - PUBLIC ORDER CRIMES - PILOT VESSEL WITHOUT LICENSE OR CERTIFICATION - M: S

Annotations, Discussions, Cases:

Cases Citing Statute 310.161

Total Results: 3

State v. Cotton

Court: District Court of Appeal of Florida | Date Filed: 2016-02-26

Citation: 198 So. 3d 737, 2016 Fla. App. LEXIS 2859, 2016 WL 746359

Snippet: penalties of up to $5000. See, e.g., § 310.161(2), Fla. Stat. (piloting without a license); §§

State of Florida v. Javares Jones

Court: District Court of Appeal of Florida | Date Filed: 2015-12-02

Citation: 180 So. 3d 1085, 2015 Fla. App. LEXIS 18023

Snippet: civil penalties of $5,000. See, e.g., § 310.161(2), Fla. Stat. (piloting without a license); §§

Register v. Pierce

Court: District Court of Appeal of Florida | Date Filed: 1988-08-22

Citation: 530 So. 2d 990, 1988 WL 86340

Snippet: the pilotage rates otherwise applicable. Section 310.161, Fla. Stat. (1987).