(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
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.
327.34 - Incapacity of Operator.
327.35 - Boating Under the Influence; Penalties; “Designated drivers.”
327.35215 - Penalty for Failure to Submit to Test.
327.354 - Presumption of Impairment; Testing Methods.
327.359 - Refusal to Submit to Testing; Penalties.
327.36 - Mandatory Adjudication; Prohibition Against Accepting Plea to Lesser Included Offense.
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.
327.395 - 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.
327.462 - Temporary Protection Zones for Spaceflight Launches and Recovery of Spaceflight Assets.
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.
327.54 - Liveries; Safety Regulations; Penalty.
327.56 - Safety and Marine Sanitation Equipment Inspections; Qualified.
327.60 - Local Regulations; Limitations.
327.66 - Carriage of Gasoline on Vessels.
327.70 - Enforcement of This Chapter and Chapter 328.
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.