Facing Abandoned Vessel Charges in Florida: What You Need to Know
If you’ve been charged with abandoning a vessel in Florida waters, you’re likely facing serious legal and financial consequences. As a criminal defense attorney practicing in Florida, I’ve seen how these charges can catch boat owners off guard—often in situations where they didn’t intend to break the law.
Understanding Florida’s Abandoned Vessel Laws
Florida takes derelict and abandoned vessels seriously. Under Florida Statute 823.11, it’s unlawful to store, leave, or abandon vessels on public waters in a wrecked, junked, or substantially dismantled condition. The state also prohibits leaving vessels unattended for extended periods without proper authorization.
What makes these cases tricky is that “abandonment” doesn’t always require intent. You might face charges even if you had planned to return to your vessel, but circumstances prevented you from doing so within the allowable timeframe.
The Florida Fish and Wildlife Conservation Commission (FWC) actively enforces these laws, and local authorities are increasingly aggressive about removing derelict vessels that pose navigational hazards or environmental threats.
Potential Penalties
The consequences of an abandoned vessel charge can be substantial. You may face criminal penalties, including misdemeanor charges that can result in fines and even jail time in serious cases. Beyond criminal penalties, you’ll likely be held financially responsible for removal and disposal costs, which can run into thousands or even tens of thousands of dollars depending on the vessel’s size and location. There are also civil penalties that the state can assess, and a conviction creates a public record that can affect future maritime activities and professional licenses.
Possible Defenses
Every case has unique facts, and there are several potential defenses worth exploring. You may be able to establish that you didn’t actually abandon the vessel—perhaps you were actively maintaining it or had a reasonable plan to repair or move it. In some cases, the vessel’s condition may not meet the legal definition of “derelict” under Florida law. Documentation showing you attempted to comply with regulations or that circumstances beyond your control prevented you from moving the vessel can also be valuable. Sometimes there are procedural issues with how the charges were brought or how notice was provided.
Steps to Take If You’re Charged
If you’re facing abandoned vessel charges, time is critical. Document everything related to the vessel, including its condition, your attempts to maintain or move it, and any communications with authorities. Gather receipts, photos, and correspondence that support your case. Most importantly, consult with a criminal defense attorney experienced in maritime law before making any statements to law enforcement or regulatory agencies—anything you say can be used against you.
Don’t ignore notices from the FWC or other agencies, as failure to respond can result in default judgments and additional penalties.
The Bottom line
Abandoned vessel charges in Florida are more than just a citation—they can result in criminal records, significant financial liability, significant jail time, and long-term consequences. If you’re facing these charges, you need someone who understands both criminal defense and Florida’s complex maritime regulations.
The earlier you involve an attorney, the better your chances of achieving a favorable outcome, whether that’s getting charges reduced or dismissed, negotiating removal costs, or presenting a strong defense at trial.
This blog post is for informational purposes only and does not constitute legal advice. If you’re facing abandoned vessel charges, contact a qualified criminal defense attorney to discuss your specific situation.