28.23 LEAVING THE SCENE OF AN ACCIDENT INVOLVING [DEATH] [SERIOUS BODILY INJURY] [INJURY] [PROPERTY DAMAGE] WHILE OPERATING A VESSEL
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.
- Instruction
- 28.23
- Statute
- § 327.30(5), Fla. Stat.
- Edition
- Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026
- Official source
- The Florida Bar: criminal jury instructions
Elements
Quoted word for word from the official text. Florida Standard Jury Instructions in Criminal Cases, complete set published by The Florida Bar, updated October 9, 2026.
To prove the crime of Leaving the Scene of an Accident Involving [Death] [Serious Bodily Injury] [Injury] [Property Damage] While Operating a Vessel, the State must prove the following four elements beyond a reasonable doubt:
1. (Defendant) was the operator of a vessel involved in an accident.
2. (Defendant) knew that [he] [she] was involved in an accident.
3. The accident resulted in [property damage only] [injury to (victim)] [serious bodily injury to (victim)] [the death of (victim)] [death to an unborn child].
4. (Defendant) left the scene of the accident
a. without giving all possible aid to persons involved;
or
b. without making a reasonable effort to locate the owner or persons affected;
or
c. without subsequently giving notice of the accident to the appropriate law enforcement official as required by Florida law.
Further findings
Special findings, enhancements, inferences and exceptions the instruction gives when they apply, word for word.
Give only if applicable. § 327.30(5)(b), Fla. Stat.
If you find the defendant guilty of Leaving the Scene of an Accident Involving [Death] [the death of an unborn child], you must further determine whether the State proved beyond a reasonable doubt that the defendant knew of the death and intentionally and purposely left the scene of the accident.
Lesser-included offenses
As the instruction lists them, word for word.
LEAVING THE SCENE OF An accident INVOLVING DEATH — 327.30(5)(a)4.
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Leaving the Scene of an Accident Involving Serious Bodily Injury* | 327.30(5)(a)3. | 28.23 | |
| Leaving the Scene of an Accident Involving Injury* | 327.30(5)(a)2. | 28.23 | |
| Attempt | 777.04(1) | 5.1 |
LEAVING THE SCENE OF An accident INVOLVING SERIOUS BODILY INJURY — 327.30(5)(a)3.
| CATEGORY ONE | CATEGORY TWO | FLA. STAT. | INS. NO. |
|---|---|---|---|
| Leaving the Scene of a Crash Involving Injury | 327.30(5)(a)2. | 28.23 | |
| Attempt | 777.04(1) | 5.1 |
Related practice page
Boating Accidents and Reckless Boating Charges in Miami
Official source: The Florida Bar: criminal jury instructions
Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.