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Florida Statute 860.13 | Lawyer Caselaw & Research
F.S. 860.13 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 860.13

The 2023 Florida Statutes (including Special Session C)

Title XLVI
CRIMES
Chapter 860
OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES, VESSELS, AND RAILROADS
View Entire Chapter
F.S. 860.13
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.

F.S. 860.13 on Google Scholar

F.S. 860.13 on Casetext

Amendments to 860.13


Arrestable Offenses / Crimes under Fla. Stat. 860.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

S860.13 1a - PUBLIC ORDER CRIMES - RECKLESS OPR AIRCRAFT WHILE UND THE INFLUENCE - F: T
S860.13 1b - PUBLIC ORDER CRIMES - OPERATE AIRCRAFT IN A CARELESS RECKLESS MANNER - F: T



Annotations, Discussions, Cases:

Cases from cite.case.law:

UNITED STATES v. FITZGERALD,, 366 F. Supp. 3d 903 (W.D. Mich. 2017)

. . . . § 860.13 (2010). . . .

LATHAM, v. STATE, 185 So. 3d 686 (Fla. Dist. Ct. App. 2016)

. . . defines “[c]rime” as [a] violation of s. 316.193, s. 316.027(1), s. 327.35(1), s. 782.071(1)(b), or s. 860.13 . . .

ABBOTT LABORATORIES, v. MYLAN PHARMACEUTICALS, INC., 15 So. 3d 642 (Fla. Dist. Ct. App. 2009)

. . . State, 943 So.2d 176, 190 (Fla. 3d DCA 2006) (holding that, because section 860.13 governing operation . . .

CLOYD, v. STATE, 943 So. 2d 149 (Fla. Dist. Ct. App. 2006)

. . . operating an aircraft while intoxicated or in a careless or reckless manner, in violation of section 860.13 . . . State, 888 So.2d 733 (Fla. 5th DCA 2004)(deter-mining that section 860.13 is not preempted by federal . . . We find that section 860.13, Florida Statutes, criminalizing the operation of an aircraft while under . . . However, unlike the Parts of the Code of Federal Regulations specified above, section 860.13 does not . . . Section 860.13 was last reenacted without any amendments in 1983. . . .

S. HUGHES, v. STATE, 943 So. 2d 176 (Fla. Dist. Ct. App. 2006)

. . . operating an aircraft while intoxicated or in a careless or reckless manner, in violation of section 860.13 . . . State, 888 So.2d 733 (Fla. 5th DCA 2004) (determining that section 860.13 is not preempted by federal . . . We find that section 860.13, Florida Statutes, criminalizing the operation of an aircraft while under . . . However, unlike the Parts of the Code of Federal Regulations specified above, section 860.13 does not . . . Section 860.13 was last reenacted without any amendments in 1983. . . .

GLUHAREFF, v. STATE, 888 So. 2d 733 (Fla. Dist. Ct. App. 2004)

. . . , pled guilty to operating an aircraft while under the influence of alcohol in violation of section 860.13 . . .

HUGHES, v. ATTORNEY GENERAL OF FLORIDA,, 377 F.3d 1258 (11th Cir. 2004)

. . . . § 860.13. . Fla. . . .

HUGHES v. THE ELEVENTH JUDICIAL CIRCUIT OF FLORIDA, P. H. a, 274 F. Supp. 2d 1334 (S.D. Fla. 2003)

. . . . §§ 316.193(l)(c) and 860.13(l)(a). Hughes and Cloyd pleaded “not guilty” to all state charges. . . . Stat. § 860.13(l)(a) provides: (1) It shall be unlawful for any person: (a) To operate an aircraft in . . . Stat. § 860.13(l)(a). . . . .

In BAKER, v., 274 B.R. 176 (Bankr. D.S.C. 2000)

. . . Nations Credit (revolving charge)* $ 3,474.17 Bank of America Visa* $ 3,892.11 Credit First Firestone $ 860.13 . . .

STATE v. CARSWELL,, 557 So. 2d 183 (Fla. Dist. Ct. App. 1990)

. . . Robert Carswell, with operating an aircraft in a careless or reckless manner in violation of section 860.13 . . . The trial court dismissed the information based upon a holding that section 860.13, Florida Statutes, . . . See § 860.13(2), Fla. Stat. We conclude there is no unlawful delegation. . . . Section 860.13, Florida Statutes, however, does not violate this principle. . . . Accordingly, we rule that section 860.13, Florida Statutes, is not unconstitutional. . . .

DELTA AIR LINES, INC. v. AIR LINE PILOTS ASSOCIATION, INTERNATIONAL,, 861 F.2d 665 (11th Cir. 1988)

. . . . § 860.13(l)(a) Hawaii — Hawaii Rev.Stat. § 263-11 Idaho — Idaho Code § 21-112 Illinois — Ill.Ann.Stat . . .

ARMSTRONG, v. STATE, 426 So. 2d 1173 (Fla. Dist. Ct. App. 1983)

. . . Section 860.13(l)(b), Florida Statutes (1979), provides that it shall be unlawful for any person to operate . . .

UNITED STATES H. KIRBY, X, v. JOHN A. JOHNSON SONS, 137 F. Supp. 881 (E.D. Tenn. 1954)

. . . Miscellaneous Claim for $860.13 It appears that Ross and Johnson, in accordance with custom among contractors . . . balance, it is alleged by Ross that end of relations between Ross and Johnson left Johnson owing Ross $860.13 . . .

RICE v. SAYERS, 98 F. Supp. 634 (D. Kan. 1951)

. . . and personal property, all appraised as of the date of his death, in the aggregate amount of $211,-860.13 . . .

KIMMERLE v. FARR, 189 F. 295 (6th Cir. 1911)

. . . debited with a check of $197.34, leaving a balance to liis credit at the suspension of business of 860.13 . . .