Florida Statute 327.35 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXIV
VESSELS

Chapter 327
VESSEL SAFETY

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327.35 Boating under the influence; penalties; “designated drivers.”—

(1) A person is guilty of the offense of boating under the influence and is subject to punishment as provided in subsection (2) if the person is operating a vessel within this state and:

(a) The person is under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893, when affected to the extent that the person’s normal faculties are impaired;

(b) The person has a blood-alcohol level of 0.08 or more grams of alcohol per 100 milliliters of blood; or

(2)(a) Except as provided in paragraph (b), subsection (3), or subsection (4), any person who is convicted of a violation of subsection (1) shall be punished:

1. By a fine of:

a. Not less than $500 or more than $1,000 for a first conviction.

b. Not less than $1,000 or more than $2,000 for a second conviction; and

2. By imprisonment for:

a. Not more than 6 months for a first conviction.

b. Not more than 9 months for a second conviction.

The portion of a fine imposed in excess of $500 pursuant to sub-subparagraph 1.a. and the portion of a fine imposed in excess of $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund.

(b)1. Any person who is convicted of a third violation of this section for an offense that occurs within 10 years after a prior conviction for a violation of this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

2. Any person who is convicted of a third violation of this section for an offense that occurs more than 10 years after the date of a prior conviction for a violation of this section shall be punished by a fine of not less than $2,000 or more than $5,000 and by imprisonment for not more than 12 months. The portion of a fine imposed in excess of $2,500 pursuant to this subparagraph shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund.

3. Any person who is convicted of a fourth or subsequent violation of this section, regardless of when any prior conviction for a violation of this section occurred, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

However, the fine imposed for such fourth or subsequent violation may not be less than $2,000. The portion of such fine imposed in excess of $1,000 shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund.

(3)(a) Any person:

1. Who is in violation of subsection (1);

2. Who operates a vessel; and

3. Who, by reason of such operation, causes or contributes to causing:

a. Damage to the property or person of another commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

b. Serious bodily injury to another, as defined in s. 327.353, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

c. The death of any human being, or unborn child as defined in s. 775.021(5), commits BUI manslaughter, and commits:

(I) A felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(II) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if:

(A) At the time of the accident, the person knew, or should have known, that the accident occurred; and

(B) The person failed to give information and render aid as required by s. 327.30.

This sub-sub-subparagraph does not require that the person knew that the accident resulted in injury or death.

(III) A felony of the first degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, if the person has a prior conviction under this sub-subparagraph, s. 316.193(3)(c)3., s. 782.071, or s. 782.072.

(b) A person who is convicted of BUI manslaughter shall be sentenced to a mandatory minimum term of imprisonment of 4 years.

(4) Any person who is convicted of a violation of subsection (1) and who has a blood-alcohol level or breath-alcohol level of 0.15 or higher, or any person who is convicted of a violation of subsection (1) and who at the time of the offense was accompanied in the vessel by a person under the age of 18 years, shall be punished:

(a) By a fine of:

1. Not less than $1,000 or more than $2,000 for a first conviction.

2. Not less than $2,000 or more than $4,000 for a second conviction.

3. Not less than $4,000 for a third or subsequent conviction.

(b) By imprisonment for:

1. Not more than 9 months for a first conviction.

2. Not more than 12 months for a second conviction.

The portion of a fine imposed in excess of $1,000 pursuant to subparagraph (a)1. and the portion of a fine imposed in excess of $2,000 pursuant to subparagraph (a)2. or subparagraph (a)3., shall be remitted by the clerk to the Department of Revenue for deposit into the General Revenue Fund. For the purposes of this subsection, only the instant offense is required to be a violation of subsection (1) by a person who has a blood-alcohol level or breath-alcohol level of 0.15 or higher.

(5) In addition to any sentence or fine, the court shall place any offender convicted of violating this section on monthly reporting probation and shall require attendance at a substance abuse course specified by the court; and the agency conducting the course may refer the offender to an authorized service provider for substance abuse evaluation and treatment, in addition to any sentence or fine imposed under this section. The offender shall assume reasonable costs for such education, evaluation, and treatment, with completion of all such education, evaluation, and treatment being a condition of reporting probation. Treatment resulting from a psychosocial evaluation may not be waived without a supporting psychosocial evaluation conducted by an agency appointed by the court and with access to the original evaluation. The offender shall bear the cost of this procedure. The term “substance abuse” means the abuse of alcohol or any substance named or described in Schedules I-V of s. 893.03.

(6) With respect to any person convicted of a violation of subsection (1), regardless of any other penalty imposed:

(a) For the first conviction, the court shall place the defendant on probation for a period not to exceed 1 year and, as a condition of such probation, shall order the defendant to participate in public service or a community work project for a minimum of 50 hours. The court must also, as a condition of probation, order the impoundment or immobilization of the vessel that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 10 days or for the unexpired term of any lease or rental agreement that expires within 10 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e) or paragraph (f). The total period of probation and incarceration may not exceed 1 year.

(b) For the second conviction for an offense that occurs within a period of 5 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 10 days. The court must also, as a condition of probation, order the impoundment or immobilization of the vessel that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 30 days or for the unexpired term of any lease or rental agreement that expires within 30 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e) or paragraph (f). At least 48 hours of confinement must be consecutive.

(c) For the third or subsequent conviction for an offense that occurs within a period of 10 years after the date of a prior conviction for violation of this section, the court shall order imprisonment for not less than 30 days. The court must also, as a condition of probation, order the impoundment or immobilization of the vessel that was operated by or in the actual control of the defendant or any one vehicle registered in the defendant’s name at the time of impoundment or immobilization, for a period of 90 days or for the unexpired term of any lease or rental agreement that expires within 90 days. The impoundment or immobilization must not occur concurrently with the incarceration of the defendant. The impoundment or immobilization order may be dismissed in accordance with paragraph (e) or paragraph (f). At least 48 hours of confinement must be consecutive.

(d) The court must at the time of sentencing the defendant issue an order for the impoundment or immobilization of a vessel. Within 7 business days after the date that the court issues the order of impoundment, and once again 30 business days before the actual impoundment or immobilization of the vessel, the clerk of the court must send notice by certified mail, return receipt requested, to the registered owner of each vessel, if the registered owner is a person other than the defendant, and to each person of record claiming a lien against the vessel.

(e) A person who owns but was not operating the vessel when the offense occurred may submit to the court a police report indicating that the vessel was stolen at the time of the offense or documentation of having purchased the vessel after the offense was committed from an entity other than the defendant or the defendant’s agent. If the court finds that the vessel was stolen or that the sale was not made to circumvent the order and allow the defendant continued access to the vessel, the order must be dismissed and the owner of the vessel will incur no costs. If the court denies the request to dismiss the order of impoundment or immobilization, the petitioner may request an evidentiary hearing.

(f) A person who owns but was not operating the vessel when the offense occurred, and whose vessel was stolen or who purchased the vessel after the offense was committed directly from the defendant or the defendant’s agent, may request an evidentiary hearing to determine whether the impoundment or immobilization should occur. If the court finds that either the vessel was stolen or the purchase was made without knowledge of the offense, that the purchaser had no relationship to the defendant other than through the transaction, and that such purchase would not circumvent the order and allow the defendant continued access to the vessel, the order must be dismissed and the owner of the vessel will incur no costs.

(g) All costs and fees for the impoundment or immobilization, including the cost of notification, must be paid by the owner of the vessel or, if the vessel is leased or rented, by the person leasing or renting the vessel, unless the impoundment or immobilization order is dismissed.

(h) The person who owns a vessel that is impounded or immobilized under this paragraph, or a person who has a lien of record against such a vessel and who has not requested a review of the impoundment pursuant to paragraph (e) or paragraph (f), may, within 10 days after the date that person has knowledge of the location of the vessel, file a complaint in the county in which the owner resides to determine whether the vessel was wrongfully taken or withheld from the owner or lienholder. Upon the filing of a complaint, the owner or lienholder may have the vessel released by posting with the court a bond or other adequate security equal to the amount of the costs and fees for impoundment or immobilization, including towing or storage, to ensure the payment of the costs and fees if the owner or lienholder does not prevail. When the bond is posted and the fee is paid as set forth in s. 28.24, the clerk of the court shall issue a certificate releasing the vessel. At the time of release, after reasonable inspection, the owner or lienholder must give a receipt to the towing or storage company indicating any loss or damage to the vessel or to the contents of the vessel.

(i) A defendant, in the court’s discretion, may be required to serve all or any portion of a term of imprisonment to which the defendant has been sentenced pursuant to this section in a residential alcoholism treatment program or a residential drug abuse treatment program. Any time spent in such a program must be credited by the court toward the term of imprisonment.

For the purposes of this section, any conviction for a violation of s. 316.193, a previous conviction for the violation of former s. 316.1931, former s. 860.01, or former s. 316.028, or a previous conviction outside this state for driving under the influence, driving while intoxicated, driving with an unlawful blood-alcohol level, driving with an unlawful breath-alcohol level, or any other similar alcohol-related or drug-related traffic offense, is also considered a previous conviction for violation of this section.

(7) A conviction under this section does not bar any civil suit for damages against the person so convicted.

(8) A person who is arrested for a violation of this section may not be released from custody:

(a) Until the person is no longer under the influence of alcoholic beverages, any chemical substance set forth in s. 877.111, or any substance controlled under chapter 893 and affected to the extent that his or her normal faculties are impaired;

(b) Until the person’s blood-alcohol level or breath-alcohol level is less than 0.05; or

(9) Notwithstanding any other provision of this section, for any person convicted of a violation of subsection (1), in addition to the fines set forth in subsections (2) and (4), an additional fine of $60 shall be assessed and collected in the same manner as the fines set forth in subsections (2) and (4). All fines collected under this subsection shall be remitted by the clerk of the court to the Department of Revenue for deposit into the Brain and Spinal Cord Injury Program Trust Fund and used for the purposes set forth in s. 381.79, after 5 percent is deducted therefrom by the clerk of the court for administrative costs.

(10) It is the intent of the Legislature to encourage boaters to have a “designated driver” who does not consume alcoholic beverages.

History.—s. 2, ch. 59-400; s. 5, ch. 63-105; s. 1, ch. 65-361; s. 1, ch. 71-81; s. 22, ch. 73-331; s. 5, ch. 83-187; s. 7, ch. 84-188; s. 7, ch. 91-255; s. 8, ch. 93-124; s. 456, ch. 95-148; s. 19, ch. 96-330; s. 98, ch. 97-264; s. 49, ch. 97-271; s. 10, ch. 98-308; s. 14, ch. 98-324; s. 47, ch. 2000-152; s. 11, ch. 2000-320; s. 28, ch. 2001-122; s. 4, ch. 2002-78; s. 6, ch. 2002-263; s. 35, ch. 2008-111; s. 7, ch. 2009-86; s. 6, ch. 2010-161; s. 5, ch. 2015-34; s. 14, ch. 2016-105; s. 20, ch. 2019-58; s. 5, ch. 2025-121; s. 6, ch. 2025-197.

Note.—Former s. 371.51.

F.S. 327.35 on Google Scholar

F.S. 327.35 on CourtListener

Amendments to 327.35

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 327.35

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

S327.35 1 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8694 - M: F

S327.35 1 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 8874 - M: S

S327.35 4 - DUI-UNLAW BLD ALCH - BUI 0.15 OR HIGHER OR PERSON UNDR 18 IN VESSEL - M: F

S327.35 - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6918 - M: S

S327.35 1a - DUI-UNLAW BLD ALCH - BUI INFLUENCE OF ALCOHOL OR DRUGS - M: S

S327.35 1b - DUI-UNLAW BLD ALCH - BUI BLOOD ALCOHOL 0.08 OR MORE PER 100 ML - M: S

S327.35 1c - DUI-UNLAW BLD ALCH - BUI BREATH ALCOHOL 0.08 OR MORE PER 210 L - M: S

S327.35 2a - DUI-UNLAW BLD ALCH - REMOVED - M: F

S327.35 2a1b - PUBLIC ORDER CRIMES - RENUMBERED. SEE REC # 6919 - M: F

S327.35 2a1c - PUBLIC ORDER CRIMES - REMOVE BY CH 2002-263 - M: F

S327.35 2b1 - DUI-UNLAW BLD ALCH - BUI 3RD VIOLATION WITHIN 10 YEARS - F: T

S327.35 2b3 - DUI-UNLAW BLD ALCH - BUI 4TH OR SUBSQ OFFENSE - F: T

S327.35 3a - DUI-UNLAW BLD ALCH - BUI CAUSE SERIOUS BODILY INJURY TO ANOTHER - F: T

S327.35 3a - DUI-UNLAW BLD ALCH - BUI DAMAGE PROPERTY OR PERSON OF ANOTHER - M: F

S327.35 3a3c - DUI-UNLAW BLD ALCH - BUI FAIL TO GIVE INFORMATION OR RENDER AID - F: F

S327.35 3a3c - DUI-UNLAW BLD ALCH - BUI CAUSE DEATH OF UNBORN CHILD - F: S

S327.35 3a3c - DUI-UNLAW BLD ALCH - BUI CAUSE DEATH OF HUMAN BEING - F: S

S327.35 3c1 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 10748 - M: F

S327.35 3c2 - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 10747 - F: T

S327.35 3c3a - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 10745 - F: S

S327.35 3c3b - DUI-UNLAW BLD ALCH - RENUMBERED. SEE REC # 10744 - F: F

S327.35 3c3c - DUI-UNLAW BLD ALCH - BUI CAUSE DEATH OF HUMAN BEING PREV CONV - F: F

Cases Citing Statute 327.35

Total Results: 17

In Re Standard Jury Instructions in Criminal Cases—Report No. 2008-08

6 So. 3d 574, 34 Fla. L. Weekly Supp. 232, 2009 Fla. LEXIS 313, 2009 WL 465938

Supreme Court of Florida | Filed: Feb 26, 2009 | Docket: 1665876

Cited 34 times | Published

8(a) BOATING UNDER THE INFLUENCE MANSLAUGHTER § 327.35(3)(a)(b)(c)3, Fla. Stat. To prove the crime of

Cardenas v. State

867 So. 2d 384, 2004 WL 351171

Supreme Court of Florida | Filed: Feb 26, 2004 | Docket: 1722639

Cited 15 times | Published

of breath. § 316.193(1), Fla. Stat. (2003). Section 327.35, Florida Statutes, (1995), the BUI statute

In Re: Mobro Marine, Inc.

445 F.3d 1334

Court of Appeals for the Eleventh Circuit | Filed: Apr 14, 2006 | Docket: 398548

Cited 11 times | Published

under 33 C.F.R. § 95.020 and Florida Statutes § 327.35.6 8 On June 27, 2002, Superior

Williams v. Radivoj

111 B.R. 361, 1989 U.S. Dist. LEXIS 16833, 1989 WL 184843

District Court, S.D. Florida | Filed: Sep 20, 1989 | Docket: 1785413

Cited 10 times | Published

§ 316.193(1)(a) ("vehicles"), with Fla.Stat. § 327.35 ("vessels"). Thus, even if state law applied,

Cameron v. State

804 So. 2d 338, 2001 WL 803716

District Court of Appeal of Florida | Filed: Jul 18, 2001 | Docket: 1334788

Cited 9 times | Published

request to arrest and charge defendant with a section 327.35 violation. Moreover, the police did not also

Superior Construction Co. v. Brock

445 F.3d 1334, 2006 A.M.C. 1038, 66 A.L.R. 6th 717, 2006 U.S. App. LEXIS 9498, 2006 WL 964105

Court of Appeals for the Eleventh Circuit | Filed: Apr 14, 2006 | Docket: 65657304

Cited 3 times | Published

under 33 C.F.R. § 95.020 and Florida Statutes § 327.35.6 On June 27, 2002, Superior, as the owner pro

Rodriguez v. State

694 So. 2d 96, 1997 WL 268229

District Court of Appeal of Florida | Filed: May 21, 1997 | Docket: 1732808

Cited 3 times | Published

section 327.351 was repealed and replaced by section 327.35, Florida Statutes (Supp.1996). Ch. 96-330,

Morales v. State

785 So. 2d 612, 2001 WL 418716

District Court of Appeal of Florida | Filed: May 30, 2001 | Docket: 450195

Cited 2 times | Published

convicted of violating the successor statute, section 327.35(3)(c)3, Florida Statutes (1997), "Boating Under

In Re Standard Jury Instructions in Criminal Cases—Report No. 2016-08

211 So. 3d 995

Supreme Court of Florida | Filed: Feb 23, 2017 | Docket: 4609133

Cited 1 times | Published

accident occurred. Give if applicable. § 327.35(4), Fla. Stat. If you find the defendant

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES-REPORT NO. 2015-07

192 So. 3d 1190, 2016 WL 2757011

Supreme Court of Florida | Filed: May 12, 2016 | Docket: 3063429

Cited 1 times | Published

2016. 28.14 BOATING UNDER THE INFLUENCE § 327.35(1), Fla. Stat. To prove the crime of Boating

State v. Davis

110 So. 3d 27, 2013 WL 692648, 2013 Fla. App. LEXIS 3176

District Court of Appeal of Florida | Filed: Feb 27, 2013 | Docket: 60230269

Cited 1 times | Published

the crime of BUI. The relevant portions of section 327.35(l)(a) and (c) provide that a person commits

In Re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES— REPORT NO. 2013-03

146 So. 3d 1110, 39 Fla. L. Weekly Supp. 531, 2014 Fla. LEXIS 2582, 2014 WL 4251210

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171079

Published

2014. 28.14 BOATING UNDER THE INFLUENCE § 327.35(1), Fla. Stat. To prove the crime of Boating

In re Standard Jury Instructions in Criminal Cases—Report 2010-05

87 So. 3d 679, 2012 WL 399879

Supreme Court of Florida | Filed: Feb 9, 2012 | Docket: 60308030

Published

amended in 2011. 28.14 BOATING UNDER THE INFLUENCE § 327.35(1), Fla. Stat. To prove the crime of Boating under

Saunders v. State

758 So. 2d 724, 2000 Fla. App. LEXIS 5461, 2000 WL 562158

District Court of Appeal of Florida | Filed: May 10, 2000 | Docket: 64797428

Published

waters of the state while under the influence (section 327.35, Florida Statutes (1997)), and reserved his

State v. Kolacia

558 So. 2d 190, 1990 Fla. App. LEXIS 1787, 1990 WL 29580

District Court of Appeal of Florida | Filed: Mar 21, 1990 | Docket: 64648799

Published

from an order of the county court declaring section 327.35, Florida Statutes (1987) to be unconstitutional

State v. Corley

558 So. 2d 187, 1990 Fla. App. LEXIS 1793, 1990 WL 29574

District Court of Appeal of Florida | Filed: Mar 21, 1990 | Docket: 64648796

Published

from an order of the county court declaring section 327.35, Florida Statutes (1987) unconstitutional and

Estock v. Krstic

526 So. 2d 768, 13 Fla. L. Weekly 1401, 1988 Fla. App. LEXIS 2490, 1988 WL 59452

District Court of Appeal of Florida | Filed: Jun 14, 1988 | Docket: 64635308

Published

while under the influence of alcohol violated section 327.35, Florida Statutes (1981).1 Krstic denied the

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