Florida Statutes
Chapter 327 - Vessel Safety
327.36 - Mandatory Adjudication; Prohibition Against Accepting Plea to Lesser Included Offense.


(1) Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 327.35, for manslaughter resulting from the operation of a vessel, or for vessel homicide.

(2)(a) No trial judge may accept a plea of guilty to a lesser offense from a person who is charged with a violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide and who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood-alcohol level or breath-alcohol level of 0.15 or more.
(b) A trial judge may not accept a plea of guilty to a lesser offense from a person charged with a felony violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide.

History.—s. 27, ch. 87-243; s. 5, ch. 87-392; s. 10, ch. 91-255; s. 24, ch. 96-330; s. 10, ch. 2000-362; s. 8, ch. 2009-86.

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.