Florida Statute 910.006 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 910
JURISDICTION AND VENUE

View Entire Chapter

F.S. 910.006

910.006 State special maritime criminal jurisdiction.—

(1) LEGISLATIVE FINDINGS AND INTENT.—

(a) The State of Florida is a major center for international travel and trade by sea.

(b) The state has an interest in ensuring the protection of persons traveling to or from Florida by sea.

(c) The state has an interest in cooperating with the masters of ships and the governments of the United States and the other states in the maintenance of law and order on board ship.

(d) The interests of the state do not in principle require a general assertion of primary jurisdiction over acts or omissions at sea that would duplicate or conflict with the execution of any law enforcement responsibility of any other jurisdiction.

(e) The State of Florida should establish special maritime criminal jurisdiction extending to acts or omissions on board ships outside of the state under the circumstances delimited in this section.

(2) DEFINITIONS.—As used in this section:

(a) “Flag state” means the state under whose laws a ship is registered.

(b) “Ship” means any watercraft or other contrivance used, capable of being used, or intended to be used as a means of transportation on water, and all phases of construction of such watercraft or contrivance.

(c) “State” means any foreign state, the United States or any state, territory, possession, or commonwealth thereof, or the District of Columbia.

(3) SPECIAL MARITIME CRIMINAL JURISDICTION.—The special maritime criminal jurisdiction of the state extends to acts or omissions on board a ship outside of the state under any of the following circumstances:

(a) There is a suspect on board the ship who is a citizen or resident of this state or a state which consents to the jurisdiction of this state.

(b) The master of the ship or an official of the flag state commits a suspect on board the ship to the custody of a law enforcement officer acting under the authority of this state.

(d) The act or omission occurs during a voyage on which over half of the revenue passengers on board the ship originally embarked and plan to finally disembark in this state, without regard to intermediate stopovers.

(e) The victim is a Florida law enforcement officer on board the ship in connection with his or her official duties.

(f) The act or omission is one of violence, detention, or depredation generally recognized as criminal, and the victim is a resident of this state.

(g) The act or omission causes or constitutes an attempt or conspiracy to cause a substantial effect in this state that is an element of the offense charged.

(h) The act or omission is one with respect to which all states may exercise criminal jurisdiction under international law or treaty.

(4) CRIMINAL PENALTY APPLICATION.—An act or omission against the person or property of another that is punishable by law when committed within this state shall be punishable in the same manner when committed within the special maritime criminal jurisdiction of this state, provided that the criminal laws of the United States prohibit substantially the same act or omission on board ships of the United States registry outside of the territory of the United States. Except for the circumstances that are within the criteria of paragraph (3)(g) or paragraph (3)(h), it shall be an affirmative defense that the act or omission was authorized by the master of the ship or an officer of the flag state in accordance with the laws of the flag state and international law. No person shall be tried under this section if that person has been tried in good faith by another state for substantially the same act or omission.

(5) ENFORCEMENT LIMITATIONS.—

(a) The Attorney General shall take all measures necessary to ensure that law enforcement officers and prosecutors acting under the authority of this state respect the following criteria in applying the provisions of this section:

1. This section is not intended to assert priority over or otherwise interfere with the exercise of criminal jurisdiction by the United States, the flag state, or the state in whose territory an act or omission occurs.

2. This section shall be administered in a manner consistent with international law, with the primary responsibility of the flag state for the maintenance of order on board ship, and with the responsibilities of the Federal Government under the Constitution, treaties, and laws of the United States.

3. This section shall be applied with the cooperation of the flag state and the master of the ship where feasible.

(b) Nothing in this section shall be deemed to:

1. Authorize the boarding, search, or detention of a ship or of persons or property on board a ship without the consent of the flag state or the master of the ship if the ship is located outside of this state or if the necessary law enforcement activities are otherwise beyond the jurisdiction of this state or the United States.

2. Restrict the application or enforcement of other laws of this state or the duty of law enforcement officers to protect human life, property, or the marine environment from imminent harm.

3. Constitute an assertion of jurisdiction over acts or omissions of military or law enforcement officers authorized by a state in accordance with international laws.

4. Prohibit the operation of gambling, games of chance, or other gambling activities otherwise allowable outside the territorial waters of the State of Florida.

History.—s. 1, ch. 89-201; s. 1511, ch. 97-102.

F.S. 910.006 on Google Scholar

F.S. 910.006 on Casetext

Amendments to 910.006

Arrestable Offenses / Crimes under Fla. Stat. 910.006

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 910.006.

Annotations, Discussions, Cases:

Cases Citing Statute 910.006

Total Results: 20

Brandon L. Eady v. State of Florida, Agency For Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-12T00:53:00-07:00

Snippet: medical care under the Medicaid program.” § 409.910(6), Fla. Stat. When there is a recovery in a tort

John Gray v. Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2019-09-03T00:53:00-07:00

Snippet: assistance provided by Medicaid. § 409.910(6)(c), Fla. Stat. (2016). The Medicaid Act allows

Ammar Al Batha, as Personal etc. v. State of Florida, Agency for Health Care etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2019-01-13T23:53:00-08:00

Snippet: amount of medical assistance it provided. § 409.910(6)(c). Believing that the other party caused

Delgado v. Agency for Health Care Admin.

Court: Fla. Dist. Ct. App. | Date Filed: 2018-01-26T00:00:00-08:00

Citation: 237 So. 3d 432

Snippet: provided by Medicaid" on behalf of Ashley. § 409.910(6)(c), Fla. Stat. (2016). In addition to a claim on…is or may be liable ....' " See § 409.910(6)(c), Fla. Stat. (2016). As the ALJ described it,

Paul v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2017-11-21T23:53:00-08:00

Snippet: Florida’s exercise of jurisdiction under section 910.006(3)(d), Florida Statutes (2016), was appropriate…(Fla. 3d DCA 2009). Pursuant to section 910.006(3)(d), Florida has criminal jurisdiction over acts…in Miami. Therefore, it is clear that section 910.006(3)(d) extends jurisdiction over the defendant’s…limited its intent to revenue passengers. See §§ 910.006(1)(a-b) (stating that “[t]he State of Florida is…exercise criminal jurisdiction based on section 910.006(3)(d) 2 We additionally note that, contrary

Willoughby v. Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2017-03-10T00:00:00-08:00

Citation: 212 So. 3d 516, 2017 WL 945532, 2017 Fla. App. LEXIS 3214

Snippet: Procedural History of the Medicaid Lien Section 409.910(6)(c), Florida Statutes (2015), imposes a lien on … a third party is or may be liable .... ” § 409.910(6)(c). After Mr. Willoughby settled with 21st…reimbursement from ‘third-party benefits,’ § 409.910(6), including those benefits received from any ‘causes

MARIA ISABEL GIRALDO and Juan Gonzalo Villa v. Agency For Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2016-12-12T00:00:00-08:00

Citation: 208 So. 3d 244, 2016 Fla. App. LEXIS 18299

Snippet: than those excluded by federal'law. See § 409.910(6)(a), (b), Fla. Stat. (20Í4); see also 42 U.S.C. …treatment for which AHCA became obligated to pay. § 409.910(6)(c), Fla. Stat. (2014). On March 2, 2015, AHCA

Goheagan v. Perkins

Court: Fla. Dist. Ct. App. | Date Filed: 2016-07-20T00:00:00-07:00

Citation: 197 So. 3d 112, 2016 Fla. App. LEXIS 11106, 2016 WL 3911483

Snippet: reimbursement from “third-party benefits,” § 409.910(6), including those benefits received 'from any

Estate of Hernandez v. Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2016-02-17T00:00:00-08:00

Citation: 190 So. 3d 139, 2016 Fla. App. LEXIS 2251, 2016 WL 626123

Snippet: on Ms. Hernandez’s behalf. See § 409.910(6)(c), Fla. Stat. “Collateral” includes wrongful death… death settlements. See §§ 409.910(6)(c) & 409.901(7)(b), Fla. Stat. (2012). In 2012…benefits; or (3) automatic lien on “cpllateral.” § 409.910(6)(a)-(c), Fla. Stat. “Collateral” and “third-party…rights granted under this paragraph, § 409.910(6)(a), Fla., Stat. (emphasis added). . The legislative

State, Agency for Health Care Administration v. Hunt

Court: Fla. Dist. Ct. App. | Date Filed: 2015-06-24T00:00:00-07:00

Citation: 165 So. 3d 868, 2015 Fla. App. LEXIS 9563, 2015 WL 3875546

Snippet: medical expenses from liable third parties. See § 409.910(6), Fla. Stat.1 The Hunts later filed a wrongful death…WETHERELL, and OSTERHAUS, JJ., concur. . Section 409.910(6) provides, in pertinent part: (a) The agency is

State v. Cisneros

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-01T00:00:00-08:00

Citation: 106 So. 3d 42, 2013 Fla. App. LEXIS 1544, 2013 WL 376058

Snippet: in which the crime occurred. See §§ 910.05 & 910.06, Fla. Stat. (2007); see also § 910.02 (providing

Roberts v. Albertson's Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-10-24T00:00:00-07:00

Citation: 119 So. 3d 457, 2012 WL 5232182, 2012 Fla. App. LEXIS 18518

Snippet: recipient’s rights to any third-party benefits. 409.910(6)(a)-(c), Fla. Stat. (2010) Section 409.901(7)(b)… § 409.910(7)(b)(2), Fla. Stat. . Section 409.910(6)(c)7., Florida Statutes (2010) and case law make

Russell v. Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2010-01-06T00:00:00-08:00

Citation: 23 So. 3d 1266, 2010 Fla. App. LEXIS 38, 2010 WL 21167

Snippet: Medicaid recipient for medical expenses. Section 409.910(6) provides that an application for Medicaid or the

Ross v. Agency for Health Care Administration

Court: Fla. Dist. Ct. App. | Date Filed: 2006-08-16T00:00:00-07:00

Citation: 947 So. 2d 457, 2006 Fla. App. LEXIS 13679, 2006 WL 2356162

Snippet: behalf of Alexander Ross, as provided by Section 409.910(6)(c), Florida Statutes (2002). The Agency filed its

Englich v. Agency for Healthcare Admin.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-12-27T23:53:00-08:00

Citation: 916 So. 2d 994

Snippet: to the Medicaid Third-Party Liability Act. § 409.910(6)(c), Fla. Stat. (1999). The plaintiff resolved the…agency from any and all third-party benefits. § 409.910(6)(a), Fla. Stat. (1999) (emphasis added). In Wilson

Strafford v. Agency for Health Care Admin.

Court: Fla. Dist. Ct. App. | Date Filed: 2005-10-07T00:53:00-07:00

Citation: 915 So. 2d 643

Snippet: -party recovery is available." Section 409.910(6) provides at least three ways by which the Agency… medical assistance provided by Medicaid. § 409.910(6)(a). Second, the acceptance of Medicaid benefits…recipient has to any third-party benefits. § 409.910(6)(b). Third, the Agency is entitled to an automatic…full amount of medical assistance provided. § 409.910(6)(c). The Act also explicitly addresses the mechanics…from any and all third-party benefits." § 409.910(6)(a). In fact, a mandatory distribution scheme is

Oliva v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-07-19T00:53:00-07:00

Citation: 821 So. 2d 446

Snippet: the associated Medicaid expenditures. See § 409.910(6)(a) and (b)1, Fla. Stat. The statute likewise limits

Black v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-31T00:53:00-07:00

Citation: 819 So. 2d 208

Snippet: 761 So.2d 1027, 1035 (Fla.2000) (construing § 910.006(3)(d), Fla. Stat. (1995)). The Stepansky court

State v. Stepansky

Court: Fla. | Date Filed: 2000-04-20T00:53:00-07:00

Citation: 761 So. 2d 1027

Snippet: disembark" in Florida. § 910.006(3)(d).[6] In determining whether section 910.006(3)(d) is constitutional…same act or omission." § 910.006(4). Further, pursuant to section 910.006(4), "No person shall …Fifth District Court of Appeal declaring section 910.006(3)(d),[1] Florida Statutes (1995), to be unconstitutional…decision of the Fifth District and find that section 910.006(3)(d), which is part of Florida's "special…have jurisdiction over this crime under section 910.006(3)(d) because the majority of the paying passengers

Durie v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2000-01-27T23:53:00-08:00

Citation: 751 So. 2d 685

Snippet: whole or other creditors paid." Section 409.910(6)(b), Florida Statutes, provides that "[b]y