Florida Statutes
Fla. Stat. § 327.33 (2025)
Reckless or careless operation of vessel.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
(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.
Arrestable Offenses under F.S. 327.33
M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd§327.33(1)PUBLIC ORDER CRIMESRENUMBERED. SEE REC # 10741
§327.33(1a)PUBLIC ORDER CRIMESRECKLESS OPERATION OF VESSEL
§327.33(1b)PUBLIC ORDER CRIMESRECKLESS OPERATION OF VESSEL INJURE PROP/PERSN
§327.33(1c)PUBLIC ORDER CRIMESRECKLESS OPERATION OF VESSEL SER BODILY INJURY
§327.33(2)PUBLIC ORDER CRIMESREMOVED
§327.33(3a)HEALTH-SAFETYVIOL NAVIGATN RULES CAUSE SER BOD INJURY DEATH
§327.33(3b)PUBLIC ORDER CRIMESREMOVED
Notes of Decisions
Cited in 10
cases (4 in the last 5 years), 1991–2025 · leading case: State v. Gruen, 586 So. 2d 1280 (Fla. 3d DCA 1991).
State v. Gruen, 586 So. 2d 1280 (Fla. 3d DCA 1991). “In the instant case, the defendant is charged with violating the duties of care imposed by the legislature in enacting section 327.33. The statute proscribes a crime resulting from reckless or careless operation of a vessel; it describes a crime "malum prohibitum".”
Krebs v. State, 588 So. 2d 38 (Fla. 5th DCA 1991). “Krebs was convicted in the county court of violating section 327.33(3)(a), Florida Statutes, governing navigation on waterways.”
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “19 RECKLESS [OPERATION OF A VESSEL] [MANIPULATION] § 327.33(1), Fla. Stat. To prove the crime of Reckless [Operation of a Vessel] [Manipulation], the State must prove the following three elements beyond a reasonable doubt: 1.”
Tague v. Florida Fish & Wildlife Conservation Comm'n, 390 F. Supp. 2d 1195 (M.D. Fla. 2005). “002 makes reference to § 327.33 of the Florida Statutes. Section 327.”
State v. Smith, 624 So. 2d 355 (Fla. 2d DCA 1993). ““negligent,” appears in only section 327.33(2) where the “careless operation” of a vessel is made a noncriminal violation.”
J.S.G. v. State, 927 So. 2d 187 (Fla. 2d DCA 2006). “Section 327.33(3) provides that “[e]ach person operating a vessel upon the waters of this state shall comply with the navigation rules.”
Downing v. Florida Adventures & Rentals L.L.C. (M.D. Fla. 2023). “The amended complaint asserts three counts against FAR: negligence, including violations of Fla. Stat. §§ 327.33 and 327.39 (Count I); strict vicarious liability under Florida’s dangerous instrumentality doctrine (Count II); and a violation of Fla.”
Halmos v. Spinard (S.D. Fla. 2025). “Halmos with three counts of reckless operations of a vessel, in violation of section 327.33, Florida Statutes. This is a first-degree misdemeanor that was consolidated with additional infractions under case number 19-IN-003667-A-K and 19-IN-003668-A-K.”
Kulich v. Peace River Charters LLC (M.D. Fla. 2021). “Nor does it mention Traugott being ticketed for violating Florida Statute § 327.33(2). So even reading the Complaint favorably for Plaintiff, the pleading does not notify Defendants of any negligence per se claim.”
Hanson Marine Props., Inc. v. Unknown Potential Claimant(s) (M.D. Fla. 2022). “2 Months later, Hyma was adjudicated guilty of careless operation of a vessel in violation of Florida Statute § 327.33(2). Prinzi filed this action against Hyma (and others) under the Court’s admiralty jurisdiction.”
— 327.33(1) — 1 case
In Re: Stand. Jury Instructions in Crim. Cases-Report 2017-09., 238 So. 3d 192 (Fla. 2018). “19 RECKLESS [OPERATION OF A VESSEL] [MANIPULATION] § 327.33(1), Fla. Stat. To prove the crime of Reckless [Operation of a Vessel] [Manipulation], the State must prove the following three elements beyond a reasonable doubt: 1.”
— 327.33(2) — 3 cases
State v. Smith, 624 So. 2d 355 (Fla. 2d DCA 1993). ““negligent,” appears in only section 327.33(2) where the “careless operation” of a vessel is made a noncriminal violation.”
Kulich v. Peace River Charters LLC (M.D. Fla. 2021). “Nor does it mention Traugott being ticketed for violating Florida Statute § 327.33(2). So even reading the Complaint favorably for Plaintiff, the pleading does not notify Defendants of any negligence per se claim.”
Hanson Marine Props., Inc. v. Unknown Potential Claimant(s) (M.D. Fla. 2022). “2 Months later, Hyma was adjudicated guilty of careless operation of a vessel in violation of Florida Statute § 327.33(2). Prinzi filed this action against Hyma (and others) under the Court’s admiralty jurisdiction.”
— 327.33(3) — 1 case
J.S.G. v. State, 927 So. 2d 187 (Fla. 2d DCA 2006). “Section 327.33(3) provides that “[e]ach person operating a vessel upon the waters of this state shall comply with the navigation rules.”
— 327.33(3)(a) — 4 cases
State v. Gruen, 586 So. 2d 1280 (Fla. 3d DCA 1991). “In the instant case, the defendant is charged with violating the duties of care imposed by the legislature in enacting section 327.33. The statute proscribes a crime resulting from reckless or careless operation of a vessel; it describes a crime "malum prohibitum".”
Krebs v. State, 588 So. 2d 38 (Fla. 5th DCA 1991). “Krebs was convicted in the county court of violating section 327.33(3)(a), Florida Statutes, governing navigation on waterways.”
State v. Smith, 624 So. 2d 355 (Fla. 2d DCA 1993). ““negligent,” appears in only section 327.33(2) where the “careless operation” of a vessel is made a noncriminal violation.”
J.S.G. v. State, 927 So. 2d 187 (Fla. 2d DCA 2006). “Section 327.33(3) provides that “[e]ach person operating a vessel upon the waters of this state shall comply with the navigation rules.”
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