What Are the Penalties for Vessel Homicide in Florida?

June 25, 2025 Don Pumphrey, Jr. Violent Crimes Social Share

In Florida, vessel homicide is a very serious criminal offense. Unlike many other forms of homicide, vessel homicide does not require someone to have intended to kill the victim for that person to be convicted.

But if someone is charged with vessel homicide, what are the potential criminal and financial penalties they may face? This article will answer this question, discuss the elements of vessel homicide, and potential defenses to the charge.

In Florida, vessel homicide is regulated by Fla. Stat. Section 782.072. The crime of vessel homicide has the same elements as vehicular homicide – and is punished just as severely if someone is convicted. 

For someone to be found guilty of vessel homicide, the State must establish all of the following beyond a reasonable doubt:

• The defendant operated a vessel 
• The vessel was operated in a reckless manner (not merely negligent) likely to cause death or great bodily harm to another person
• The reckless operation of the vessel caused a death of a human being

Recklessness is defined in Florida as willful or wanton disregard for the safety of persons or property. In the context of vessel homicide, recklessness cannot be established unless someone knew or should have known of a substantial risk of the great bodily harm or death that their behavior created – and disregarded that risk. Esposito v. State, 642 So. 2d 27, 29 (Fla. 4th DCA 1994)

For someone to have been considered an operator of the vessel in Florida under Fla. Stat. Section 782.072, they must have done at least one of the following:

• Been in charge of, command of, or in actual physical control of the vessel
• Exercised control over or had responsibility for a vessel’s safety while the vessel is on the water
• Controlled or steered a vessel being towed by another vessel

Despite a lack of specific intent to kill, the criminal penalties for vessel homicide are extremely serious. Vessel homicide is typically considered a second-degree felony. This is punishable by 15 years in prison and a $10,000 fine.

But if the following are true, vessel homicide becomes a first-degree felony in Florida:

• At the time of the accident, the person knew, or should have known, that the accident occurred
• The person failed to give information and render aid to the victim(s)

To ensure that vessel homicide charges do not escalate to a first-degree felony, an operator of a vessel must do the following (Fla. Stat. Section 327.30):

• Stop immediately at the scene (or as close as safely possible)
• Provide their name
• Provide their address
• Provide the registration number of the vessel
• Give that information to the injured party or a law enforcement officer

Note: Under Fla. Stat. Section 327.30, the statutory obligation to “give information” to injured parties and law enforcement does not extend to information that would violate someone’s Fifth Amendment right against self-incrimination.

To have “rendered aid,” an operator must render reasonable assistance to any person injured in the accident, including carrying (or arranging transport) to medical attention if it is apparent that treatment is necessary or the injured person requests it. 

For purposes of giving information, if someone is involved in a collision causing an “apparent aggregate amount” of over $2,000 in damage to the vessel(s), it is required that the operator of a vessel notify at least one of the following authorities at earliest opportunity (Fla. Stat. Section 327.30(2)):

• The Division of Law Enforcement of the Fish and Wildlife Conservation Commission
• The sheriff of the county within which the accident occurred
• The police chief of the municipality within which the accident occurred, if applicable

If someone fails to either give information or render aid when they knew or should have known an accident occurred (or both), they may be charged with first-degree felony vessel homicide. This is punishable by up to 30 years in prison and a $10,000 fine.

Whether someone knew or should have known that the accident occurred is assessed based on the totality of the circumstances. State v. Dumas, 700 So. 2d 1223 (Fla. 1997).

If someone argues they did not have actual or constructive knowledge (should have known of the collision), the jury may consider factors such as:

• The severity of the collision
• Whether the vessel was visibly or audibly damaged
• Witness testimony of other involved parties
• Defendant’s statements or flight
• Weather, noise, and lighting conditions

Various defenses to the charge of first- or second-degree felony vessel homicide exist. These may include:

• Someone did not operate the vessel recklessly, and at most, did so negligently
• In the event of a crash, the defendant was not the proximate cause of the collision
• The defendant was not the operator of the involved vessel
• Lack of knowledge (actual or constructive) for first-degree felony charges
• Procedural challenges (Miranda violations, unlawful searches and seizures, etc.)

In sum, vessel homicide is a very serious criminal offense in Florida. Vessel homicide occurs when the reckless operation of a vessel produces the death of a victim. Though someone does not have to intentionally cause death to be convicted, mere negligence is not enough. There must have been a foreseeable, substantial risk of death or bodily harm as a result of the conduct.

Penalties for vessel homicide in Florida are harsh. It is typically charged as a second-degree felony, punishable by up to 15 years in state prison and a $10,000 fine. If a vessel operator fails to give information or render aid in accordance with the requirements of 327.30, and they knew or should have known of the accident, vessel homicide is a first-degree felony punishable by up to 30 years in prison and a $10,000 fine.

Many defenses exist to vessel homicide. These include that the defendant was not operating the vehicle, that they were not the proximate cause of the collision, or that their conduct was not reckless – it was (at most) negligent. Depending on the facts of someone’s case, one or more of these may be applicable.

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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