Florida Statutes
Fla. Stat. § 310.161 (2025)
Piloting without a license; penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Arrestable Offenses under F.S. 310.161
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§310.161PUBLIC ORDER CRIMESPILOT VESSEL WITHOUT LICENSE OR CERTIFICATION
Notes of Decisions
Cited in 4
cases, 1978–2016 · leading case: Register v. Pierce, 530 So. 2d 990 (Fla. 1st DCA 1988).
Register v. Pierce, 530 So. 2d 990 (Fla. 1st DCA 1988). “…is a misdemeanor and subjects the vessel or its owner to paying double the pilotage rates otherwise applicable. Section 310.161, Fla. Stat. (1987).”
Jackson v. Marine Expl. Co., 583 F.2d 1336 (5th Cir. 1978). “Under Fla.Stat. § 310.161 (1975), any vessel that is required to take on board a state-licensed pilot but does not do so is guilty of a misdemeanor of the second degree and is obligated to pay the licensed state pilots at the relevant port double the pilotage rates that would…”
State v. Cotton, 198 So. 3d 737 (2016). “, § 310.161(2), Fla. Stat. (piloting without a license); §§ 373.”
State of Florida v. Javares Jones, 180 So. 3d 1085 (2015). “, § 310.161(2), Fla. Stat. (piloting without a license); §§ 373.”
— 310.161(2) — 2 cases
State v. Cotton, 198 So. 3d 737 (2016). “, § 310.161(2), Fla. Stat. (piloting without a license); §§ 373.”
State of Florida v. Javares Jones, 180 So. 3d 1085 (2015). “, § 310.161(2), Fla. Stat. (piloting without a license); §§ 373.”
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