Florida Statute 860.13 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVI
CRIMES

Chapter 860
OFFENSES CONCERNING AIRCRAFT, MOTOR VEHICLES, VESSELS, AND RAILROADS

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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 Citing Statute 860.13

Total Results: 7

Latham v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-10T00:00:00-08:00

Citation: 185 So. 3d 686, 2016 Fla. App. LEXIS 1754, 2016 WL 540650

Snippet: 316.027(1), s. 327.35(1), s. 782.071(1)(b), or s. 860.13(l)(a) which results in physical injury or death

Abbott Laboratories v. Mylan Pharmaceuticals, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-06-22T00:00:00-07:00

Citation: 15 So. 3d 642, 2009 Fla. App. LEXIS 8512, 2009 WL 1741035

Snippet: Fla. 3d DCA 2006) (holding that, because section 860.13 governing operation of aircraft while intoxicated

Cloyd v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-12T00:53:00-07:00

Citation: 943 So. 2d 149

Snippet: that his conduct was violative of section 860.13. Section 860.13 is entitled "Operation of aircraft…careless or reckless manner, in violation of section 860.13, Florida Statutes (2002). As Hughes and Cloyd have…defendants could be found guilty of violating section 860.13 under two separate theories: (1) by being under…Fla. 5th DCA 2004)(determining *159 that section 860.13 is not preempted by federal law). Under the Supremacy…drug testing, is preempted. We find that section 860.13, Florida Statutes, criminalizing the operation

Hughes v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-07-12T00:00:00-07:00

Citation: 943 So. 2d 176, 2006 WL 1896383

Snippet: that his conduct was violative of section 860.13. Section 860.13 is entitled "Operation of aircraft…careless or reckless manner, in violation of section 860.13, Florida Statutes (2002). As Hughes and Cloyd have…defendants could be found guilty of violating section 860.13 under two separate theories: (1) by being under…733 (Fla. 5th DCA 2004) (determining that section 860.13 is not preempted by federal law). Under the Supremacy…drug testing, is preempted. We find that section 860.13, Florida Statutes, criminalizing the operation

Gluhareff v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2004-12-09T23:53:00-08:00

Citation: 888 So. 2d 733

Snippet: the influence of alcohol in violation of section 860.13, Florida Statutes (2001), expressly reserving two

State v. Carswell

Court: Fla. Dist. Ct. App. | Date Filed: 1990-02-20T00:00:00-08:00

Citation: 557 So. 2d 183, 1990 Fla. App. LEXIS 969, 1990 WL 15253

Snippet: careless or reckless manner in violation of section 860.13, Florida Statutes (1989). We reverse and remand…the information based upon a holding that section 860.13, Florida Statutes, was unconstitutional. The trial…of an aircraft. We first conclude that section 860.-13, Florida Statutes, does not violate the single-….1957). Moreover, even if the title to section 860.-13, Florida Statutes, may be defective, the statute…unlawful delegation of legislative power. See § 860.13(2), Fla. Stat. We conclude there is no unlawful

Armstrong v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1983-02-08T23:53:00-08:00

Citation: 426 So. 2d 1173

Snippet: DAUKSCH and SHARP, JJ., concur. NOTES [1] Section 860.13(1)(b), Florida Statutes (1979), provides that it