Criminal Charges From Boating Accident in Florida? What to Know

October 9, 2025 Don Pumphrey, Jr. Criminal Defense Social Share

Recent updates to Florida law make it more likely someone may face criminal charges from a boating accident – even if nobody is injured or killed.

In Florida, boating accidents are quite common and can be extremely scary. To make it matters worse, if someone unintentionally collides with another boat or the property of another person, they may face serious criminal charges. This includes felony charges, depending on what is alleged to have occurred. 

This article will discuss the potential criminal charges that may arise from a boating accident in Florida.

For many boating accidents in Florida, especially those that cause relatively minor damage and do not result in bodily injury or death, an operator of a boat (vessel) is unlikely to face criminal charges. However, it is often underestimated how easy it is for criminal charges to stem from a boating accident.

This is likely to become even more common under Lucy’s Law, which significantly increases the penalties someone may face if involved in a boating accident. Lucy’s Law is effective as of July 2025 – so there are many boaters who remain unaware of it.

There are three categories of boaters who may be involved in a crash: those who are carefully (not negligently) operating the boat, those who were careless (negligent) in their operation of the boat, and those who were reckless in operating the boat. 

Someone “operates a vessel” if any of the following are true:

• The person is in charge of, in command of, or in actual physical control of a vessel 
• The person exercises control over or has responsibility for a vessel’s navigation or safety while the vessel is underway 
• The person controls or steers a vessel being towed by another vessel 

The way in which the boat was operated prior to the accident, and how someone responds after the accident takes place, are key in determining whether there will be charges at all – and if there are, how severe they will be. Let’s walk through it.

#1 – The accident was not the result of a boater’s carelessness or reckless

If a boater was not careless or reckless in their operation of the vessel (boat) and an accident resulted, this generally will not result in criminal charges – so long as someone acts properly after the accident occurs.

Florida requires that a boater involved in an accident stop (not flee the scene), give information to authorities, and render aid if any injuries have occurred. If someone fails to do so – even if they were not careless or reckless before the accident – they may face the following penalties:

• If the accident resulted in property damage, a second-degree misdemeanor (up to 60 days in jail and a $500 fine)
• If the accident resulted in an injury other than serious bodily injury to another, a third-degree felony (up to 5 years in prison and a $5,000 fine)
• If the accident resulted in serious bodily injury to another, a second-degree felony (up to 15 years in prison and a $10,000 fine)
• If the accident resulted in the death of a victim, a first-degree felony (up to 30 years in prison and a $10,000 fine)

Important: “Serious bodily injury” is distinguished from slight, trivial, minor, or moderate harm. It does not include mere bruises. Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016).

These are significant charges that carry lifelong consequences, so it is important to understand that even someone who was “properly” operating a vessel. As you can see, Florida law is quite cognizant of the fact that accidents can happen – but is very unforgiving if a person involved leaves the scene or does not comply with authorities.

#2 – The boater was carelessly operating the vessel before the accident

If someone was carelessly operating a vessel, this is a noncriminal violation until an accident causing serious bodily injury or death occurs. That makes careless operation a second-degree misdemeanor (up to 60 days in jail and a $500 fine).

Someone must stop, give information, or render aid (if necessary) to avoid further charges pursuant to Lucy’s Law. The same criminal penalties apply regardless of whether someone was careless, reckless, or followed all rules (ranging from second-degree misdemeanor to first-degree felony, depending on the severity of the accident).

Under Fla. Stat. 327.33(2), someone must operate their vessel at all times in:

• A reasonable and prudent manner
• Having regard for other waterborne traffic, posted speed and wake restrictions, and all other attendant circumstances (what’s happening around them)
• So as not to endanger the life, limb, or property of another person outside the vessel or the life, limb, or property of another person due to vessel overloading or excessive speed

If someone fails to do so but is not reckless, they are considered to be boating carelessly. This is evaluated based on whether someone is in violation of the U.S. Coast Guard Navigation Rules (“Nav Rules”). A boater who operates their vessel in a manner that violates one or more of the Nav Rules is considered to be at least carelessly boating.

However, certain boating is considered so careless that it rises to the level of recklessness. If someone operates a vessel in this manner and an accident results, more significant penalties are likely to result.

#3 – The boater was recklessly operating the vessel before the accident

If someone was recklessly operating a vessel and an accident results, this is always a crime. In fact, with the passage of Lucy’s Law, reckless operation is a criminal offense in Florida even if no accident ever happens (second-degree misdemeanor).

Reckless operation of a vessel occurs when someone operates a vessel in a manner that is likely to cause injury to persons or property, showing willful or wanton disregard of the consequences. The question is not whether someone “intended” to recklessly operate a vessel – only whether the conduct amounted to “recklessness.”

In determining whether someone operated a vessel recklessly, courts may consider:

• Whether the defendant was speeding, and if so, by how much
• Whether the defendant disregarded signage (McCreary v. State, 371 So.2d 1024 (Fla. 1979))
• Time of day (or night)
• Whether visibility was poor
• Whether the waters are crowded or empty
• Whether a defendant was looking continuously at their cell phone or other device for a long period of time (Andriotis v. State, 399 So.3d 1235 (Fla. 5th DCA 2025))

Note: Speeding alone is generally insufficient to establish recklessness without aggravating factors. For more on reckless operation of a vessel, click here.

If someone is involved in a boating accident after recklessly operating their vessel, this may have serious legal consequences. Florida law provides:

• If the reckless operation causes an accident that causes any damage to persons or property, it is a first-degree misdemeanor (up to 1 year in jail and a $1,000 fine)
• If the accident causes serious bodily injury, it is a third-degree felony (up to 5 years in prison and a $5,000 fine)
• If the accident causes death of a victim, it is vessel homicide, a second-degree felony (up to 15 years in prison, 15 years of probation and a $10,000 fine)

Important: If someone operates a vessel under the influence and is involved in a fatal accident, it is BUI manslaughter regardless of whether the operator was careless, reckless, or neither of these. BUI manslaughter is a second-degree felony, with a 4-year mandatory minimum prison sentence. For more on BUI manslaughter, click here.

If someone fails to stop, give information or render aid after a crash, and a victim dies, this is a first-degree felony (up to 30 years in prison and a $10,000 fine). Reckless operation of a vessel resulting in death of a victim (vessel homicide) is also a first-degree felony if the defendant has a prior conviction for any of the following under Trenton’s Law:

• Vehicular homicide
• Vessel homicide
• DUI manslaughter
• BUI manslaughter

For more information on Trenton’s Law (effective October 1, 2025), click here.

So, can a boating accident lead to criminal charges? Absolutely, it can. Even if someone was not reckless or careless in how they operated a vessel and a crash results, someone may face felony charges under Lucy’s Law if they flee the scene, fail to provide information to authorities, or do not render necessary aid to a victim.

Theoretically, someone is unlikely to face charges for a boating accident if they do “everything right.” But even if that occurs, someone may still be accused of failing to provide sufficient information to authorities, failing to stop, failing to render aid, or be accused of careless or reckless boating.

All of this can put someone on the hook for criminal charges if an accident occurs. That’s why if someone is arrested and formally charged in Florida in a case involving reckless boating, careless boating or 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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