Fla. Stat. 327.359
Refusal to submit to testing; penalties

(1)

Who the arresting law enforcement officer had probable cause to believe was operating or in actual physical control of a vessel in this state while under the influence of alcoholic beverages, chemical substances, or controlled substances;

(2)

Who was placed under lawful arrest for a violation of s. 327.35 unless such test was requested pursuant to s. 327.352(1)(c);

(3)

Who was informed that if he or she refused to submit to such test, he or she is subject to a fine of $500;

(4)

Who was informed that a refusal to submit to a lawful test of his or her breath or urine, if he or she has been previously fined under s. 327.35215 or has previously had his or her driver license suspended for refusal to submit to a lawful test of his or her breath, urine, or blood, is a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083; and

(5)

Who, after having been so informed, refused to submit to any such test when requested to do so by a law enforcement officer or correctional officer

Source: Section 327.359 — Refusal to submit to testing; penalties, https://www.­flsenate.­gov/Laws/Statutes/2024/0327.­359 (accessed Aug. 7, 2025).

327.01
Short title 327.02
Definitions 327.04
Rules 327.30
Collisions, accidents, and casualties 327.31
Transmittal of information 327.32
Vessel declared dangerous instrumentality 327.33
Reckless or careless operation of vessel 327.34
Incapacity of operator 327.35
Boating under the influence 327.36
Mandatory adjudication 327.37
Water skis, parasails, aquaplanes, kiteboarding, kitesurfing, and moored ballooning regulated 327.38
Skiing prohibited while intoxicated or under influence of drugs 327.39
Personal watercraft regulated 327.40
Uniform waterway markers 327.41
Uniform waterway regulatory markers 327.42
Mooring to or damaging of uniform waterway markers prohibited 327.43
Silver Glen Run and Silver Glen Springs 327.44
Interference with navigation 327.45
Protection zones for springs 327.46
Boating-restricted areas 327.47
Competitive grant programs 327.48
Regattas, races, marine parades, tournaments, or exhibitions 327.49
Testing vessels and vessel motors 327.50
Vessel safety regulations 327.52
Maximum loading and horsepower 327.53
Marine sanitation 327.54
Liveries 327.56
Safety and marine sanitation equipment inspections 327.58
Jurisdiction 327.59
Marina evacuations 327.60
Local regulations 327.65
Muffling devices 327.66
Carriage of gasoline on vessels 327.70
Enforcement of this chapter and chapter 328 327.71
Exemption 327.72
Penalties 327.73
Noncriminal infractions 327.74
Uniform boating citations 327.301
Written reports of accidents 327.302
Accident report forms 327.331
Divers 327.352
Tests for alcohol, chemical substances, or controlled substances 327.353
Blood test for impairment or intoxication in cases of death or serious bodily injury 327.354
Presumption of impairment 327.355
Operation of vessels by persons under 21 years of age who have consumed alcoholic beverages 327.359
Refusal to submit to testing 327.371
Human-powered vessels regulated 327.375
Commercial parasailing 327.391
Airboats regulated 327.395
Boating safety education 327.461
Safety zones, security zones, regulated navigation areas, and naval vessel protection zones 327.462
Temporary protection zones for spaceflight launches and recovery of spaceflight assets 327.463
Special hazards 327.521
No-discharge zones 327.731
Mandatory education for violators 327.803
Boating Advisory Council 327.804
Compilation of statistics on boating accidents and violations 327.4107
Vessels at risk of becoming derelict on waters of this state 327.4108
Anchoring of vessels in anchoring limitation areas 327.4109
Anchoring or mooring prohibited 327.35215
Penalty for failure to submit to test

Current through Fall 2025

§ 327.359. Refusal to submit to testing; penalties's source at flsenate​.gov