On The Water
Fla. Stat. 327.35 — under 6 in the jacket below 26 feet, and 0.08
In Florida, boating under the influence is its own offense, with fines, jail and probation terms set out in the section, and the flotation rule for young children turns on the length of the vessel.
Under 6, on a vessel under 26 feet. A person may not operate a vessel less than 26 feet in length unless every person under 6 years of age on board is wearing a coast guard approved personal flotation device while the vessel is underway, meaning at all times except when anchored, moored, made fast to the shore, or aground. Every vessel carries the safety equipment the federal rules require.
0.08, or normal faculties impaired. A person commits boating under the influence by operating a vessel while under the influence to the extent that normal faculties are impaired, or with a blood or breath alcohol level of 0.08 or more. A first conviction carries a fine of $500 to $1,000 and up to 6 months, and a third within 10 years after a prior conviction is a felony of the third degree.
- A level of 0.15 or higher, or a passenger under the age of 18 years, raises a first conviction to a fine of $1,000 to $2,000 and up to 9 months.
- A first conviction adds probation of up to 1 year with at least 50 hours of public service, and impoundment or immobilization of the vessel or one vehicle registered to the defendant for 10 days.
- Someone arrested is not released until no longer impaired, until the level is below 0.05, or until 8 hours have passed.
| The assumption | What the law actually does |
|---|---|
| The assumptionA small child is fine without a jacket if an adult is watching | What the law actually doesUnder 6, on a vessel under 26 feet, wears one whenever the vessel is underway |
| The assumptionA boating conviction only touches the boat | What the law actually doesOn a first conviction the court orders impoundment or immobilization of the vessel or one vehicle registered to the defendant |
Registration and numbering, boating education, the rest of the equipment rules and the higher penalties for repeat offenses are not all on this page. What a particular citation carries is a question for a licensed Florida attorney.
Sources for this section (2)
- Fla. Stat. 327.35 — Boating under the influence; penalties
- Fla. Stat. 327.50 — Vessel safety regulations; equipment and lighting requirements
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Florida attorney.