Florida Boating and Alcohol Laws

It is illegal in the state of Florida to operate any boat, or to manipulate any waterskis, sailboard or similar device, while under the influence of alcohol, drugs, controlled substances or a combination thereof.

In Florida, a person is considered to be under the influence if:

• They have a Blood Alcohol Concentration (BAC) level of 0.08 or higher (A BAC level of 0.05-0.08 may also indicate that an operator is under the influence, if accompanied by other evidence).
• They are under the influence of a substance which impairs their abilities.

Additionally, it is illegal for any person under the age of 21 who is found to have a BAC level of 0.02 or higher to operate, or to be in actual physical control of, any boat.

PENALTIES FOR DRINKING AND BOATING

In Florida, a person convicted of operating a boat while under the influence will be subject to the following penalties:

• Upon a first conviction: A minimum fine of $500 and jail time for up to 6 months.
• Upon a second conviction: A minimum fine of $1,000 and jail time for up to 9 months.

Additionally, a person convicted of operating under the influence within 10 years of a prior violation, will be guilty of a 3rd degree felony.

If a person is convicted of operating under the influence for a 3rd time, more than 10 years after a prior violation they may receive a minimum fine of $2,500 and jail time for up to 12 months.

If an operator is involved in an accident as a result of operating under the influence, which results in death, injury or damage to property, they can be convicted of a felony.

Any person operating a boat who has a BAC level of 0.15 or higher or who is impaired and accompanied on the boat by a person who is under the age of 18, could be fined a minimum of $1,000 to upwards of $4,000 and could receive prison time for up to 12 months.

FLORIDA BOAT REGISTRATION

To operate a boat legally on Florida’s Public Waters, you are required to obtain a Florida Certificate of Registration and a validation decal. Operators are required to carry their Certificate of Registration on board during boat operation. Certificates of Registration are valid for 1-2 years and decals must be renewed annually.

Exemptions:

• Human-powered boats that are less than 16 feet in length.
• Human-powered canoes, kayaks, racing shells or rowing skulls.
• Boats used exclusively on private ponds or lakes.

DO I NEED BOAT INSURANCE IN FLORIDA?

Boats in Florida are not required to be insured, however it is recommended. Some boat owner’s may be required to obtain boat insurance if there is a lien against their boat. Additionally, some marina’s within the state may also require that boaters have liability insurance to protect against damages..

Boats in the state of Florida have a properly displayed registration number and decal. Boaters can be fined for a lack of proper documentation and/or display of registration.

• The registration number must be painted or permanently affixed to each side of the bow, above the waterline.
• The registration number must be in bold, block letters and be at least 3 inches high.
• The color of the registration number must contrast with the color of the boat.  
• The registration number must be read from left to right.
• Numbers and letters need to be separated by a space or hyphen that is equal to the width of the letters.
• Decals must be placed within 6 inches of the registration number (either before or after) on the left (port) side of the boat.
• These placement requirements are also applicable to personal watercraft (PWCs).

DIVER DOWN FLAG REQUIREMENTS

The size of divers-down flags displayed on vessels must be at least 20 inches by 24 inches, and a stiffener is required to keep the flag unfurled. Divers-down flags on vessels must be displayed above the vessel’s highest point so that the flag’s visibility is not obstructed in any direction.

Additionally, diver-down symbols displayed from the water must be at least 12 inches by 12 inches and can be in the form of a flag or a buoy. The buoys must be three or four sided and have a divers-down symbol displayed on each of the flat sides. A divers-down buoy may not be used or displayed on a vessel.

Divers must make a reasonable effort to stay within 300 feet of a divers-down flag or buoy on open waters,  and within 100 feet of a flag within rivers, inlets, or navigation channels.

BOATERS OPERATING IN RANGE OF DIVERS

Boat operators must maintain a distance of at least 300 feet from divers-down flags or buoys on open waters and must remain at least 100 feet from flags or buoys on rivers, inlets or navigation channels. 

Boats approaching divers-down flags or buoys closer than 300 feet in open water and 100 feet in rivers, inlets and navigation channels must slow to idle speed.

When divers are out of the water, a dive flag or buoy may not be displayed.

NON-NATIVE AQUATIC SPECIES

Non-native aquatic species, plants, fish and animals are invading Florida’s waters. Under the right conditions, these pests can take over waterways, and shorelines and negatively impact native fish and wildlife. 

Florida’s non-native fish and wildlife program aims to minimize the impact of these non-native species.

Be sure to report new infestations of non-native aquatic species to the U.S. Fish and Wildlife Service at (209) 946-6400 or to the Florida Fish and Wildlife Conservation Commission. Reports sent to the FWCC should include:

• A photograph of the animal
• The location where the animal was found
• The date of the sighting 

HELP PREVENT THE SPREAD OF NON-NATIVE SPECIES

• Inspect all surfaces of your boat and remove aquatic plants or animals before leaving any body of water.
• Ensure you flush raw-water cooling systems and clean sea-strainers before moving your boat from one body of water to another.
• Empty and dry any buckets before leaving a body of water. 
• Remove any plant fragments from bait wells, fishing gear, trailers, dive gear or props.
• Dispose of plant fragments and bait into a garbage receptacle on land.  
• Avoid chopping vegetation with your boat’s propeller.
• Clean and dry all live-wells prior to transporting your boat.
• Drain all water from your motor and bilge and dry all areas.
• Thoroughly wash your boat, including the hull, before putting it into a new body of water.
• Refer to specific drying times.