Florida Statutes
Chapter 327 - Vessel Safety
327.359 - Refusal to Submit to Testing; Penalties.


(1) Who the arresting law enforcement officer had probable cause to believe was operating or in actual physical control of a vessel in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances;
(2) Who was placed under lawful arrest for a violation of s. 327.35 unless such test was requested pursuant to s. 327.352(1)(c);
(3) Who was informed that if he or she refused to submit to such test, he or she is subject to a fine of $500;
(4) Who was informed that a refusal to submit to a lawful test of his or her breath or urine, if he or she has been previously fined under s. 327.35215 or has previously had his or her driver license suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; and
(5) Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer

commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

History.—s. 9, ch. 2002-263; s. 8, ch. 2021-184.

Structure Florida Statutes

Florida Statutes

Title XXIV - Vessels

Chapter 327 - Vessel Safety

327.01 - Short Title.

327.02 - Definitions.

327.04 - Rules.

327.30 - Collisions, Accidents, and Casualties.

327.301 - Written Reports of Accidents.

327.302 - Accident Report Forms.

327.31 - Transmittal of Information.

327.32 - Vessel Declared Dangerous Instrumentality; Civil Liability.

327.33 - Reckless or Careless Operation of Vessel.

327.331 - Divers; Definitions; Divers-Down Warning Device Required; Obstruction to Navigation of Certain Waters; Penalty.

327.34 - Incapacity of Operator.

327.35 - Boating Under the Influence; Penalties; “Designated drivers.”

327.352 - Tests for Alcohol, Chemical Substances, or Controlled Substances; Implied Consent; Refusal.

327.35215 - Penalty for Failure to Submit to Test.

327.353 - Blood Test for Impairment or Intoxication in Cases of Death or Serious Bodily Injury; Right to Use Reasonable Force.

327.354 - Presumption of Impairment; Testing Methods.

327.355 - Operation of Vessels by Persons Under 21 Years of Age Who Have Consumed Alcoholic Beverages.

327.359 - Refusal to Submit to Testing; Penalties.

327.36 - Mandatory Adjudication; Prohibition Against Accepting Plea to Lesser Included Offense.

327.37 - Water Skis, Parasails, Aquaplanes, Kiteboarding, Kitesurfing, and Moored Ballooning Regulated.

327.371 - Human-Powered Vessels Regulated.

327.375 - Commercial Parasailing.

327.38 - Skiing Prohibited While Intoxicated or Under Influence of Drugs.

327.39 - Personal Watercraft Regulated.

327.391 - Airboats Regulated.

327.395 - Boating Safety Education.

327.40 - Uniform Waterway Markers.

327.41 - Uniform Waterway Regulatory Markers.

327.4107 - Vessels at Risk of Becoming Derelict on Waters of This State.

327.4108 - Anchoring of Vessels in Anchoring Limitation Areas.

327.4109 - Anchoring or Mooring Prohibited; Exceptions; Penalties.

327.42 - Mooring to or Damaging of Uniform Waterway Markers Prohibited.

327.43 - Silver Glen Run and Silver Glen Springs; Navigation Channel.

327.44 - Interference With Navigation; Relocation or Removal; Recovery of Costs.

327.45 - Protection Zones for Springs.

327.46 - Boating-Restricted Areas.

327.461 - Safety Zones, Security Zones, Regulated Navigation Areas, and Naval Vessel Protection Zones; Prohibited Entry; Penalties.

327.462 - Temporary Protection Zones for Spaceflight Launches and Recovery of Spaceflight Assets.

327.463 - Special Hazards.

327.47 - Competitive Grant Programs.

327.48 - Regattas, Races, Marine Parades, Tournaments, or Exhibitions.

327.49 - Testing Vessels and Vessel Motors.

327.50 - Vessel Safety Regulations; Equipment and Lighting Requirements.

327.52 - Maximum Loading and Horsepower.

327.521 - No-Discharge Zones.

327.53 - Marine Sanitation.

327.54 - Liveries; Safety Regulations; Penalty.

327.56 - Safety and Marine Sanitation Equipment Inspections; Qualified.

327.58 - Jurisdiction.

327.59 - Marina Evacuations.

327.60 - Local Regulations; Limitations.

327.65 - Muffling Devices.

327.66 - Carriage of Gasoline on Vessels.

327.70 - Enforcement of This Chapter and Chapter 328.

327.71 - Exemption.

327.72 - Penalties.

327.73 - Noncriminal Infractions.

327.731 - Mandatory Education for Violators.

327.74 - Uniform Boating Citations.

327.803 - Boating Advisory Council.

327.804 - Compilation of Statistics on Boating Accidents and Violations.