Boating Accidents and Reckless Boating Charges in Miami

Dennis Gonzalez Jr. is a former Miami-Dade prosecutor who has been defending people since 2012. Our office answers 24 hours a day.

Reckless Operation of a Vessel

What the State must prove (Instruction 28.19): you operated a vessel (or manipulated water skis, an aquaplane or a similar device) with willful or wanton disregard for the safety of persons or property, at a speed or in a manner that endangered or was likely to endanger life or limb, or that injured a person or damaged property.

Penalties (Fla. Stat. § 327.33):

• No accident: second-degree misdemeanor (up to 60 days and $500).
• Accident causing damage to another's property or person: first-degree misdemeanor (up to 1 year and $1,000).
• Accident causing serious bodily injury: third-degree felony (up to 5 years and $5,000).
• Careless operation (not operating in a reasonable and prudent manner) is a noncriminal violation.
• A navigation-rules violation that causes an accident with serious bodily injury or death, even if not reckless: second-degree misdemeanor.

Leaving the Scene of a Boating Accident

The operator of a vessel involved in an accident must give all possible aid to the people involved, make a reasonable effort to find the owner or people affected, and notify the proper law enforcement agency. The law requires notice without delay to FWC, the sheriff or the local police chief for accidents including a capsizing, a collision, a sinking, an injury needing more than first aid, a death, a missing person, or at least $2,000 in damage.

What the State must prove (Instruction 28.23): you operated a vessel involved in an accident, you knew it, the accident caused the damage or injury charged, and you left without giving all possible aid, without a reasonable effort to find the owner or people affected, or without then notifying law enforcement.

Penalties (Fla. Stat. § 327.30(5)):

• Property damage only: second-degree misdemeanor.
• Injury: third-degree felony.
• Serious bodily injury: second-degree felony (up to 15 years and $10,000).
• Death of another person or an unborn child: first-degree felony (up to 30 years and $10,000), with a 4-year minimum mandatory if willful.

False Information in a Boating Accident Report

Giving information in a required oral, electronic or written report, knowing or having reason to believe it is false, is a second-degree misdemeanor (Fla. Stat. § 327.3015). See Instruction 28.24.

Common Situations in Miami

• A wake or a fast turn near another boat, a paddleboarder or a swimmer.

How We Defend Boating Charges

• Who was operating? On a crowded boat, this is often the first fight.
• Willful or wanton, or just careless? Careless operation is a noncriminal violation; reckless operation is a crime.
• Knowledge and what you did after: aid given, calls made, information shared.
• Your rights. The law says the duty to report or give information to an officer making a written report does not extend to information that would violate your privilege against self-incrimination.
• If alcohol is involved, see Boating Under the Influence.

What to Do First

1. Help anyone hurt and call for help.
2. Do not make statements about who was driving or what caused the accident until you talk to a lawyer.
3. Keep GPS, chartplotter and phone data. Do not repair the boat yet.
4. Call us.

Why Choose Dennis Gonzalez Law, P.A.

• Former Miami-Dade prosecutor.
• Defending people since 2012.
• Super Lawyers recognition and an Avvo Rating of 10.0.
• Bilingual office — se habla español.
• We answer 24 hours a day. Call (305) 209-0384.

You can read about some of our past cases on our Results page.

Frequently Asked Questions

Do I have to report a boating accident?

Yes. The law lists capsizing, collision, sinking, injury needing more than first aid, death, a missing person, and $2,000 or more in damage. Report without delay to FWC, the sheriff or the local police.