Answering Frequently Asked Questions About Vessel Homicide in Florida

September 5, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vessel homicide is an often misunderstood criminal defense. As a result, many questions often arise when someone is charged with vessel homicide in Florida, or when a person simply wants to learn more about the offense. This blog will answer ten of those frequently asked questions.

#1 – What is vessel homicide in Florida?

Vessel homicide occurs when someone operates a vessel (boat, airboat, etc.) recklessly, and that reckless operation causes the death of a victim or their unborn child. Someone does not have to intend to kill the victim – they must only have recklessly operated the vessel and caused their death.

#2 – What are the potential penalties if I’m convicted of vessel homicide? 

Vessel homicide is considered a second-degree felony in Florida, punishable by up to 15 years in prison and a $10,000 fine.

However, it is a first-degree felony (punishable by up to 30 years in prison and a $10,000 fine) if either of the following are true:

• The defendant failed to stop after the accident, give information to authorities, or render aid to the victim(s)
• The defendant has a prior conviction for vehicular homicide, vessel homicide, DUI manslaughter or BUI manslaughter (Trenton’s Law, effective October 1, 2025)

#3 – What does “recklessness” mean in the context of vessel homicide?

Recklessness occurs when someone operates a vessel in a manner that is likely to cause death or great bodily harm to others. For someone’s operation of a vessel to be considered reckless, the State must prove the defendant knew or should have known that they were operating a vessel in such a manner, and disregarded that risk. Luzardo v. State, 147 So.3d 1083 (Fla. 3d. DCA 2014)

#4 – If I was speeding at the time, am I automatically guilty of vessel homicide?

No, speeding does not make someone automatically guilty of vessel homicide. Traveling at an excessive speed may be considered negligent, but does not automatically rise to the level of recklessness necessary for a conviction (Luzardo v. State).

Courts have considered a wide range of factors in evaluating recklessness, including:

• Whether someone was speeding, and if so, by how much (Gensler v. State, 929 So. 2d 27 (Fla. 3d DCA 2006))
• Whether the defendant disregarded traffic signals/stop signs (McCreary v. State, 371 So.2d 1024 (Fla. 1979))
• Time of day (or night)
• Whether visibility was poor (e.g. if it was foggy)
• The type of vehicle the defendant was driving (e.g. if it was a truck full of potentially explosive fuel, as in Santisteban v. State, 72 So.3d 187 (Fla. 4th DCA 2011))
• Whether the roads were crowded or empty (if rush hour, speeding is more likely to be seen as reckless)
• Whether a defendant was looking continuously down at a device (e.g. a cell phone) for a substantial amount of time before a fatal crash (Andriotis v. State, 399 So.3d 1235 (Fla. 5th DCA 2025))

Luzardo made clear that speeding alone is not enough in a vacuum. But combined with other factors (such as extremely heavy traffic, darkness or fog, or whether the defendant was distracted while driving), speeding can be part of the equation.

Note: Though the above cases deal with charges of vehicular homicide, Florida’s laws regarding vehicular and vessel homicide have nearly identical statutory language. As a result, these cases offer valuable guidance as to how “recklessness” is determined in a vessel homicide case. Damoah v. State, 189 So.3d 316 (Fla. 4th DCA 2016)

#5 – How does vessel homicide differ from BUI manslaughter?

The key difference between these offenses is when they are charged. BUI manslaughter is committed when someone who is legally under the influence causes or contributes to the death of the victim while operating a vessel. This includes if there was no reckless operation.

By contrast, vessel homicide requires operation of the vessel to have been reckless, as well as actual causation of the death of a victim. If someone was not under the influence at the time they were operating a vessel and a victim died, this precludes a BUI manslaughter charge (but could still lead to a vessel homicide charge, depending on the facts). 

#6 – Can I be charged with vessel homicide even if I wasn’t driving the boat?

In very rare cases, yes – someone may be charged with vessel homicide even if they were not technically behind the wheel at the time. However, this is uncommon. 

The only potential scenario where vessel homicide charges may be brought against a non-driver is if the boat’s captain (person in command) knowingly allowed a passenger to drive the boat in a reckless manner (e.g. giving a child control of the steering wheel near a crowded beach and telling him to hit the gas). The captain is ultimately considered responsible for the safety of those aboard the vessel.

#7 – What does “causation” mean in the context of vessel homicide?

Someone must be the proximate cause of the victim’s death to be guilty of vessel homicide. In simple terms, this means they must be the primary cause of a victim’s death, rather than just a contributing factor (e.g. simply being simply involved in the crash).

Florida’s courts have recognized this principle since 1990. Velazquez v. State, 561 So.2d 347, 354 (Fla. 3d. DCA 1990). Velazquez was convicted of vehicular homicide after he challenged another driver to race cars. During the race, the other driver lost control and died. 

The court held that Velazquez could not be convicted because even though he was a “substantial factor” in bringing about the other driver’s death, Velazquez was not the proximate cause (the other driver’s own negligence in agreeing to the race was). Thus, simply being a factor in the victim’s death is insufficient for a vessel homicide conviction.

#8 – Can more than one boater be charged with vessel homicide?

This is a difficult question that courts have not squarely addressed. In theory, the answer is yes, so long as both boaters operated their vessels recklessly and a victim died. However, it is difficult to see how more than one boater can be seen as the “proximate” (but-for) cause of the crash. 

Thus, while more than one person may be charged (as the State has total charging power), convicting more than one vessel operator of vehicular homicide for the death of a victim may pose significant legal challenges.

#9 – What is a vessel under Florida law?

A “vessel” is broadly defined in Florida as any watercraft (including a boat), regardless of size or propulsion, used or capable of being used for transportation.

Vessels may include:

• Motorboats
• Sailboats
• Yachts
• Cabin cruisers
• Canoes or kayaks
• Rowboats
• Houseboats
• Commercial fishing boats
• Boats towing other boats

Importantly, a seaplane is not classified as a vessel in Florida – it is considered an aircraft (Fla. Stat. 327.02).

#10 – What are the most common defenses to vessel homicide?

If someone is charged, one of the most common questions asked is – what are my possible defenses for vessel homicide in Florida?

Though their effectiveness depends on the facts of the case, potential defenses include:

• Lack of recklessness (without reckless operation, no vessel homicide conviction)
• Not the proximate cause of the victim’s death
• Unforeseeable medical emergency while driving causing the collision (would negate recklessness)
• Malfunction of the vessel (e.g. braking failure that the defendant did not have any notice of)
• Lack of actual operation (e.g. someone was simply a passenger on the vessel – or was the captain but did not facilitate reckless conduct)
• Procedural defenses (e.g. moving to suppress unlawfully obtained evidence or exclude a defendant’s post-arrest statements)

Understanding the answers to these FAQs is critical if someone is involved in a vessel homicide case in Florida or wishes to understand Florida’s vessel homicide law (Fla. Stat. 782.072).

If someone is arrested and formally charged in Florida in a case involving vessel homicide, it is critical to find experienced and trusted legal representation as soon as possible. This decision could make the difference in whether or not someone faces a lengthy prison term and hefty fines.

Criminal Defense Attorney in Tallahassee, FL

Don Pumphrey, Jr. is a Former Prosecutor, Former State Police Officer, Lifetime Member of the Florida Association of Criminal Defense Lawyers; for over 25 years as a private defense attorney who is Trusted, Experienced, Aggressive in Criminal Defense as a Trial Attorney, Criminal Lawyer, Criminal Defense Lawyer for the accused in Florida State Courts located in Tallahassee, Florida but handling cases throughout the State of Florida.

Don Pumphrey, Jr. and the Tallahassee criminal defense lawyers at Pumphrey Law have decades of experience fighting drug charges on behalf of clients and winning. Call Pumphrey Law now at (850) 681-7777 to learn more about what we can do for you. Our lawyers will be happy to provide you with a free consultation.

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