Florida Statutes

Fla. Stat. § 860.13 (2025)

Operation of aircraft while intoxicated or in careless or reckless manner; penalty.

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860.13 Operation of aircraft while intoxicated or in careless or reckless manner; penalty.—

(1) It shall be unlawful for any person:

(a) To operate an aircraft in the air or on the ground or water while under the influence of:

1. Alcoholic beverages;

2. Any substance controlled under chapter 893;

3. Any chemical substance set forth in s. 877.111; or

(b) To operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.

(2) In any prosecution charging careless or reckless operation of aircraft in violation of this section, the court, in determining whether the operation was careless or reckless, shall consider the standards for safe operation of aircraft as prescribed by federal statutes or regulations governing aeronautics.

(3) Violation of this section shall constitute a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

(4) It shall be the duty of any court in which there is a conviction for violation of this statute to report such conviction to the Federal Aviation Administration for its guidance and information with respect to the pilot’s certificate.

History.—ss. 1-4, ch. 25259, 1949; s. 1096, ch. 71-136; ss. 1, 2A, ch. 71-282; s. 32, ch. 73-331; s. 5, ch. 83-187; s. 15, ch. 2010-117.

Arrestable Offenses under F.S. 860.13

M = misdemeanor · F = felony · degree: F=1st S=2nd T=3rd

§860.13(1a)PUBLIC ORDER CRIMESRECKLESS OPR AIRCRAFT WHILE UND THE INFLUENCEF · 3rd

§860.13(1b)PUBLIC ORDER CRIMESOPERATE AIRCRAFT IN A CARELESS RECKLESS MANNERF · 3rd

Notes of Decisions

Cited in 12 cases, 1977–2020 · leading case: Hughes v. State, 943 So. 2d 176 (Fla. 3d DCA 2006).

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Hughes v. State, 943 So. 2d 176 (Fla. 3d DCA 2006). · cites it 39× “§ 860.13, Fla. Stat. (2002). Since the statute itself requires that the federal statutes and regulations governing aeronautics be considered in determining whether the operation of the aircraft was careless or reckless, the trial court relied on the federal statute which defines…”

Cloyd v. State, 943 So. 2d 149 (Fla. 3d DCA 2006). · cites it 40× “§ 860.13, Fla. Stat. (2002). Since the statute itself requires that the federal statutes and regulations governing aeronautics be considered in determining whether the operation of the aircraft was careless or reckless, the trial court relied on the federal statute which defines…”

Christopher Scott Hughes v. Eleventh Jud., 377 F.3d 1258 (11th Cir. 2004). “Fla. Stat. § 860.13 . 2 . Fla. Stat. § 316.”

Delta Air Lines, Inc., Plaintiff-Counter-Claimant, Cross v. Air Line Pilots Ass'n, Int'l, Defendant-Counter-Claimant, Cross-Appellee, 861 F.2d 665 (11th Cir. 1989). “§ 15-77 Florida — Fla.Stat.Ann. § 860.13(l)(a) Hawaii — Hawaii Rev.”

State v. Carswell, 557 So. 2d 183 (Fla. 3d DCA 1990). · cites it 12× “Appellant, State, appeals an order dismissing an information charging appellee, Robert Carswell, with operating an aircraft in a careless or reckless manner in violation of section 860.13, Florida Statutes (1989). We reverse and remand.”

Hughes v. Eleventh Jud. Circuit of Florida, 274 F. Supp. 2d 1334 (S.D. Fla. 2003). · cites it 4× “Fla. Stat. § 860.13 (l)(a) provides: (1) It shall be unlawful for any person: (a) To operate an aircraft in the air or on the ground or water while under the influence of: 1.”

Abbott Labs. v. Mylan Pharm., Inc., 15 So. 3d 642 (Fla. 1st DCA 2009). “3d DCA 2006) (holding that, because section 860.13 governing operation of aircraft while intoxicated was last reenacted without any amendments in 1983, “incorporation of a federal standard that did not come into existence until after 1983 would be unconstitutional”); Brazil v.”

United States v. Monique Lozoya, 982 F.3d 648 (9th Cir. 2020). “”); Fla. Stat. § 860.13 (criminalizing the “[o]peration of aircraft while intoxicated or in careless or reckless manner”); Marsh v.”

Ward v. State, 374 A.2d 1118 (Md. 1977). “2, § 304 (1974); Florida Fla. Stat. Ann. § 860.13 (1) (b) (1976); Georgia Ga.”

Armstrong v. State, 426 So. 2d 1173 (Fla. 5th DCA 1983). · cites it 2× “NOTES [1] Section 860.13(1)(b), Florida Statutes (1979), provides that it shall be unlawful for any person to operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.”

Gluhareff v. State, 888 So. 2d 733 (Fla. 5th DCA 2004). · cites it 2× “Appellant, a private pilot, pled guilty to operating an aircraft while under the influence of alcohol in violation of section 860.13, Florida Statutes (2001), expressly reserving two dispositive legal questions for review: First, whether the statute is unconstitutionally vague…”

United States v. Fitzgerald, 366 F. Supp. 3d 903 (W.D. Mich. 2017). “Fla. Stat. Ann. § 860.13 (2010). Approximately forty minutes before departure, defendants passed through airport security.”

— 860.13(1)(b) — 1 case

Armstrong v. State, 426 So. 2d 1173 (Fla. 5th DCA 1983). “NOTES [1] Section 860.13(1)(b), Florida Statutes (1979), provides that it shall be unlawful for any person to operate an aircraft in the air or on the ground or water in a careless or reckless manner so as to endanger the life or property of another.”

— 860.13(2) — 3 cases

Hughes v. State, 943 So. 2d 176 (Fla. 3d DCA 2006). “§ 860.13, Fla. Stat. (2002). Since the statute itself requires that the federal statutes and regulations governing aeronautics be considered in determining whether the operation of the aircraft was careless or reckless, the trial court relied on the federal statute which defines…”

Cloyd v. State, 943 So. 2d 149 (Fla. 3d DCA 2006). “§ 860.13, Fla. Stat. (2002). Since the statute itself requires that the federal statutes and regulations governing aeronautics be considered in determining whether the operation of the aircraft was careless or reckless, the trial court relied on the federal statute which defines…”

State v. Carswell, 557 So. 2d 183 (Fla. 3d DCA 1990). “Appellant, State, appeals an order dismissing an information charging appellee, Robert Carswell, with operating an aircraft in a careless or reckless manner in violation of section 860.13, Florida Statutes (1989). We reverse and remand.”

— 860.13(l)(a) — 1 case

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