Fla. Stat. 327.36
Mandatory adjudication; prohibition against accepting plea to lesser included offense

(1)

Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 327.35, for manslaughter resulting from the operation of a vessel, or for vessel homicide.

(2)(a)

No trial judge may accept a plea of guilty to a lesser offense from a person who is charged with a violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide and who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood-alcohol level or breath-alcohol level of 0.15 or more.A trial judge may not accept a plea of guilty to a lesser offense from a person charged with a felony violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide.

(2)(a)

No trial judge may accept a plea of guilty to a lesser offense from a person who is charged with a violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide and who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood-alcohol level or breath-alcohol level of 0.15 or more.

(b)

A trial judge may not accept a plea of guilty to a lesser offense from a person charged with a felony violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide.

Source: Section 327.36 — Mandatory adjudication; prohibition against accepting plea to lesser included offense, https://www.­flsenate.­gov/Laws/Statutes/2024/0327.­36 (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

§ 327.36. Mandatory adjudication; prohibition against accepting plea to lesser included offense's source at flsenate​.gov