For starters, all personal watercraft must at all times be operated in a reasonable and prudent manner, regardless of the age, skill, or experience of the operator. While Florida statutory law does not list every particular action which would subject the operator to a citation and/or fine, the following maneuvers constitute reckless or careless operation of a vessel: weaving through congested traffic, jumping the wake of another vessel unreasonably close to such other vessel, unnecessarily maneuvering around other vessels when visibility is clearly obstructed, swerving in or near vessel traffic, and (the catch-all) unreasonably and unnecessarily endangering the life, limb, or property of any other person. Similarly, manipulating a watercraft in a willful and wanton disregard for the safety of persons or property at a speed or in a manner that will likely result in injury or property damage also constitutes reckless operation. These prohibitions apply with equal force to water skiers, aquaplanes and similar devices. Persons who operate a vessel in a reckless manner commit a first degree misdemeanor. Also, where there are posted speed and/or wake restrictions, operators must act accordingly for the failure to do so constitutes careless operation of a vessel. Finally, persons under the age of 14 are prohibited from operating any personal watercraft on Florida waterways. 

It is unlawful for any person that has control over the leasing or renting of personal watercraft to knowingly permit the watercraft to be operated by any person who has not received instruction as to the safe handling and operation of the vessel. Safe handling instruction shall take into account the nature and operational characteristics of the vessel and the general principles and regulations pertaining to safe boating practice. Just as persons under the age of 14 may not lawfully operate a watercraft on Florida waterways, lessors and owners of personal watercraft may not knowingly permit or authorize a vessel to be operated by a person younger than 14. So, this restriction applies not only to lessors of watercraft but also to parents and other adults not functioning in a lessor capacity. 

It is unfortunate some boaters believe that not only is combining drinking and boating safer than drinking and driving, they believe it is permissible under Florida law. Both of these misconceptions could not be further from the truth. Just as is the case with operating a motor vehicle, combining alcohol and boating can and often does result in significant property damage, serious injury, and even death. The waterway is no safer a place than the roadway to operate a high-powered machine while under the influence of alcohol. Due to the propensity for our state’s waterways to be quite crowded, the inexperience and lack of skill on the behalf of many boaters, and the speeds and maneuvers most boats can perform, waterways absolutely do not provide safe havens for irresponsible behavior or hazardous actions.

Boating under the influence is punishable under Florida statute and carries the possibility of being subject to significant fines and costs and even imprisonment. A boater is guilty of boating under the influence when operating a vessel within Florida jurisdiction while under the influence of alcoholic beverages, defined as being affected to the extent that the person’s normal faculties are impaired, or having a blood-alcohol level of 0.08 or greater (the same limit which applies to motorists). First time offenders will be subject to a fine ranging from $500 upwards to $1000 and will face possible imprisonment for a period not to exceed 6 months