What is Vessel Homicide in Florida?

June 9, 2025 Don Pumphrey, Jr. Criminal Defense, Violent Crimes Social Share

In Florida, vessel homicide is a very serious felony offense. Unlike many other forms of homicide, vessel homicide does not require the person charged with the homicide to have intended for the victim to die. If someone operates a vessel (boat) recklessly and their actions are the proximate cause of another’s death, they may be convicted of vessel homicide.

This article will discuss the offense of vessel homicide in Florida, the elements the State must prove for someone to be found guilty of vessel homicide, and potential defenses to this charge.

Fla. Stat. Section 782.072 regulates the offense of vessel homicide. It notes that, like vehicular homicide, someone does not intentionally have to kill another to face this charge.

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

• The victim is dead
• The death was caused by the operation of a vessel by the defendant 
• The defendant operated the vessel in a reckless manner likely to cause death or great bodily harm to another person

Note: “Great bodily harm” means great as distinguished from slight, trivial, minor, or moderate harm, and does not include mere bruises. Wheeler v. State, 203 So. 3d 1007 (Fla. 4th DCA 2016).

Vessel homicide is typically punishable as a second-degree felony in Florida. This is punishable by up to 15 years in prison and a $10,000 fine. But if someone:

• Knew or should have known the accident occurred, and
• Failed to give information to the relevant authorities or render aid to the victim

Vessel homicide becomes a first-degree felony. This is punishable by up to 30 years in prison and a $10,000 fine.

Important: Under the statute, the term “vessel” is synonymous with boat. This includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

For someone to have been considered an operator of the vessel, 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

A common question is – if someone is simply careless in operating a vessel (such as speeding) and accidentally kills another, is this sufficient for a vessel homicide conviction? The answer is no – mere carelessness is insufficient to convict someone of vessel homicide. The vessel must have been operated recklessly.

But what does “reckless” mean? Under Florida law, reckless operation occurs when someone operates a vessel (or vehicle) in a way that shows “willful or wanton disregard for the safety of persons or property.” “Willful” means “intentional, knowing, and purposeful,” while “wanton” means “with a conscious and intentional indifference to consequences and with knowledge that death or damage is likely to be done to persons or property.”

Though Florida’s courts have heard many more cases about vehicular homicide than vessel homicide, vehicular homicide and vessel homicide have the same “recklessness” standard for a conviction. Thus, in deciding whether someone’s conduct was reckless enough to support a vehicular homicide conviction, courts have developed a parallel corpus of case law as to what constitutes recklessness for the purpose of supporting a vessel homicide conviction.

The most commonly discussed issue in this case law is whether excessive speed alone can serve as the basis for a conviction. Florida’s courts have consistently held that in the absence of other aggravating factors (such as weaving through dense traffic, poor visibility, or being in a school zone), speeding alone cannot support a vessel/vehicular homicide conviction. Luzardo v. State, 147 So.3d 1083 (Fla. 3d. DCA 2014)

In Luzardo, a driver was traveling 84 miles per hour on a largely empty highway in the middle of the day with clear visibility. The speed limit was 55 miles per hour. As Luzardo was driving, a car in the lane to his left unexpectedly attempted a left turn – putting him directly in Luzardo’s path. Luzardo collided with the turning car, and the driver in that car died.

As he was speeding by nearly 30 miles an hour, Luzardo was convicted of vehicular homicide. But the Third District Court of Appeal reversed Luzardo’s conviction, holding that his excessive speed alone did not rise to the level of “recklessness” needed to convict him of vehicular homicide. In the absence of additional evidence of recklessness, the Luzardo court considered speeding mere negligence (failure to use ordinary care). Id. 

Luzardo stands in contrast with State v. Gensler – where the same Third District Court of Appeal upheld a vehicular homicide conviction. State v. Gensler, 929 So.2d 27 (Fla. 3d. DCA 2006). The court found that in addition to Gensler traveling 90 miles per hour in a 45 mile per hour zone:

• It was dark outside
• The street lights were off
• Gensler disregarding a flashing yellow traffic signal

As Gensler struck and killed a pedestrian after ignoring these potentially dangerous conditions (in addition to traveling 40+ miles per hour above the speed limit), the court found a sufficient legal basis for his vehicular homicide conviction based on the totality of the circumstances. Id. 

If someone is charged with vessel homicide, there are various defenses that can be raised. These may include:

• Lack of reckless operation (behavior was careless, not grossly negligent)

• No causation (death not caused by defendant’s operation of vessel)
• Another party was at fault (e.g., another boater or victim caused the accident)
• Sudden medical emergency (e.g., seizure or heart attack while operating vessel)
• Mechanical failure (unforeseeable issue with the vessel)
• Poor weather conditions (if defendant otherwise acted properly)
• Victim’s own negligence (e.g., standing in unsafe area, intoxicated passenger)
• No knowledge of crash (relevant to enhancement to first-degree felony)
• Insufficient evidence of operation (was the defendant actually operating the vessel?)
• Alibi or mistaken identity (defendant wasn’t the one operating at the time)
• Law enforcement errors (flawed reconstruction, missing evidence)

In sum, vessel homicide is a very serious criminal offense in Florida. Depending on the facts of the case, it can be charged as a second- or first- degree felony, punishable by 15 and 30 years in prison, respectively (Fla. Stat. Section 782.072).

Though the State does not have to prove intent to kill the victim, someone must be found to have been recklessly operating a vessel if they are to be convicted of vessel homicide. Luzardo and Gensler make clear that reckless operation of a vessel or vehicle (same legal standard) cannot be established by the fact that the defendant was speeding alone. 

Various defenses exist to the charge of vessel homicide. These include that the operation of the vessel was not reckless, that the defendant was not the proximate cause of the accident that resulted in the death of the victim, or that the defendant was not operating the vehicle. One or more of these defenses may be applicable, depending on the facts of a case. 

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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