Florida Statute 327.33 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIV
VESSELS

Chapter 327
VESSEL SAFETY

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F.S. 327.33

327.33 Reckless or careless operation of vessel.—

(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.

History.—s. 1, ch. 59-400; s. 3, ch. 63-105; s. 1, ch. 65-361; s. 6, ch. 81-100; s. 6, ch. 84-188; s. 6, ch. 86-35; s. 2, ch. 88-133; s. 2, ch. 89-136; s. 45, ch. 91-224; s. 1, ch. 92-92; s. 6, ch. 2000-362; s. 1, ch. 2011-152; s. 1, ch. 2016-134; s. 4, ch. 2016-171; s. 5, ch. 2025-197.

Note.—Former s. 371.50.

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Amendments to 327.33

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 327.33

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

S327.33 1 - PUBLIC ORDER CRIMES - RECKLESS OPERATION OF VESSEL - M: F

S327.33 2 - PUBLIC ORDER CRIMES - REMOVED - I: N

S327.33 3a - HEALTH-SAFETY - VIOL NAVIGATN RULES CAUSE SER BOD INJURY DEATH - M: S

S327.33 3b - PUBLIC ORDER CRIMES - REMOVED - I: N

Cases Citing Statute 327.33

Total Results: 7

Krebs v. State

588 So. 2d 38, 1991 WL 213269

District Court of Appeal of Florida | Filed: Oct 24, 1991 | Docket: 1708249

Cited 12 times | Published

convicted in the county court of violating section 327.33(3)(a), Florida Statutes, governing navigation

State v. Gruen

586 So. 2d 1280, 1991 WL 193106

District Court of Appeal of Florida | Filed: Oct 1, 1991 | Docket: 1487951

Cited 3 times | Published

the defendant's motion to dismiss and finding section 327.33(3)(a), Florida Statutes (1989) unconstitutional

In Re: Standard Jury Instructions in Criminal Cases-Report 2017-09.

238 So. 3d 192

Supreme Court of Florida | Filed: Mar 8, 2018 | Docket: 6327897

Cited 1 times | Published

[OPERATION OF A VESSEL] [MANIPULATION] § 327.33(1), Fla. Stat. To prove the crime of

J.S.G. v. State

927 So. 2d 187, 2006 Fla. App. LEXIS 6146, 2006 WL 1113539

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 64844221

Published

which is a second-degree misdemeanor under section 327.33(3)(a), Florida Statutes (2003). The trial court

Tague v. Florida Fish and Wildlife Conservation Commission

390 F. Supp. 2d 1195, 2005 U.S. Dist. LEXIS 28261, 2005 WL 1243766

District Court, M.D. Florida | Filed: May 25, 2005 | Docket: 37844

Published

68C-22.002 makes reference to § 327.33 of the Florida Statutes. Section 327.33 governs the "[r]eckless or

Ago

Florida Attorney General Reports | Filed: Jun 22, 2000 | Docket: 3258266

Published

for enforcement of noncriminal violations of section 327.33, Florida Statutes, relating to the careless

State v. Smith

624 So. 2d 355, 1993 Fla. App. LEXIS 9414, 1993 WL 356914

District Court of Appeal of Florida | Filed: Sep 17, 1993 | Docket: 64742977

Published

conclusion. Gruen addresses the constitutionality of section 327.33(3)(a), Florida Statutes (1989). That statute