Florida criminal charge
Derelict and migrant vessels; relocation or removal; penalty in Florida
Derelict and migrant vessels; relocation or removal; penalty is a criminal offense under Florida law, defined by Fla. Stat. § 823.11. Its classification is not fixed: Florida assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by Fla. Stat. § 823.11.
What is the penalty for derelict and migrant vessels; relocation or removal; penalty in Florida?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Failure to pay removal costs then obtaining registration — A person neglects or refuses to pay costs of relocation, removal, storage, destruction, or disposal of a derelict vessel after certified written notice, and applies for and is issued a registration for a vessel or motor vehicle before paying those costs in full.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Failure to pay removal costs then obtaining registration — A person neglects or refuses to pay costs of relocation, removal, storage, destruction, or disposal of a derelict vessel after certified written notice, and applies for and is issued a registration for a vessel or motor vehicle before paying those costs in full.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Leaving a derelict or migrant vessel — first offense — A vessel owner commits a first violation of the section's prohibition on leaving a derelict or migrant vessel upon the waters of this state.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Leaving a derelict or migrant vessel — first offense — A vessel owner commits a first violation of the section's prohibition on leaving a derelict or migrant vessel upon the waters of this state.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 5 years (Leaving a derelict or migrant vessel — second offense — A vessel owner commits a second violation of this section.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $5,000 (Leaving a derelict or migrant vessel — second offense — A vessel owner commits a second violation of this section.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 15 years (Leaving a derelict or migrant vessel — third or subsequent offense — A vessel owner commits a third or subsequent violation of this section.) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $10,000 (Leaving a derelict or migrant vessel — third or subsequent offense — A vessel owner commits a third or subsequent violation of this section.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
| Jail / prison | up to 1 year (Residing or dwelling on a derelict vessel — A person resides or dwells on a vessel determined to be derelict by court or administrative order (or where the owner does not challenge the derelict determination) and the vessel has not been returned to a non-derelict condition.; county jail, not state prison (s. 775.08(2))) | discretionary | Fla. Stat. § 775.082 |
| Fine | up to $1,000 (Residing or dwelling on a derelict vessel — A person resides or dwells on a vessel determined to be derelict by court or administrative order (or where the owner does not challenge the derelict determination) and the vessel has not been returned to a non-derelict condition.; or up to double the pecuniary gain/loss (s. 775.083(1)(f)); statutes may authorize higher (s. 775.083(1)(g))) | discretionary | Fla. Stat. § 775.082 |
Applies to current (2025 Florida Statutes).
How is derelict and migrant vessels; relocation or removal; penalty classified in Florida?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Failure to pay removal costs then obtaining registration | Misdemeanor of the First Degree | A person neglects or refuses to pay costs of relocation, removal, storage, destruction, or disposal of a derelict vessel after certified written notice, and applies for and is issued a registration for a vessel or motor vehicle before paying those costs in full. | Fla. Stat. § 823.11(3)(a) |
| Leaving a derelict or migrant vessel — first offense | Misdemeanor of the First Degree | A vessel owner commits a first violation of the section's prohibition on leaving a derelict or migrant vessel upon the waters of this state. | Fla. Stat. § 823.11(6)(a) |
| Leaving a derelict or migrant vessel — second offense | Felony of the Third Degree | A vessel owner commits a second violation of this section. | Fla. Stat. § 823.11(6)(b) |
| Leaving a derelict or migrant vessel — third or subsequent offense | Felony of the Second Degree | A vessel owner commits a third or subsequent violation of this section. | Fla. Stat. § 823.11(6)(c) |
| Residing or dwelling on a derelict vessel | Misdemeanor of the First Degree | A person resides or dwells on a vessel determined to be derelict by court or administrative order (or where the owner does not challenge the derelict determination) and the vessel has not been returned to a non-derelict condition. | Fla. Stat. § 823.11(7) |
Common questions about derelict and migrant vessels; relocation or removal; penalty in Florida
Is derelict and migrant vessels; relocation or removal; penalty a felony or a misdemeanor in Florida?
It depends on the circumstances: derelict and migrant vessels; relocation or removal; penalty ranges from a Misdemeanor of the First Degree to a Felony of the Second Degree in Florida under Fla. Stat. § 823.11.
Failure to pay removal costs then obtaining registration: Misdemeanor of the First Degree (Fla. Stat. § 823.11(3)(a)) · Leaving a derelict or migrant vessel — first offense: Misdemeanor of the First Degree (Fla. Stat. § 823.11(6)(a)) · Leaving a derelict or migrant vessel — second offense: Felony of the Third Degree (Fla. Stat. § 823.11(6)(b)) · Leaving a derelict or migrant vessel — third or subsequent offense: Felony of the Second Degree (Fla. Stat. § 823.11(6)(c)) · Residing or dwelling on a derelict vessel: Misdemeanor of the First Degree (Fla. Stat. § 823.11(7))
What are the penalties for derelict and migrant vessels; relocation or removal; penalty in Florida?
Penalties for derelict and migrant vessels; relocation or removal; penalty in Florida depend on how it is classified — from a Misdemeanor of the First Degree up to a Felony of the Second Degree — with the ranges set by Fla. Stat. § 775.082; the full table of ranges by variant is published on this page.
Which Florida statute covers derelict and migrant vessels; relocation or removal; penalty?
Derelict and migrant vessels; relocation or removal; penalty is governed by Fla. Stat. § 823.11 (Derelict and migrant vessels; relocation or removal; penalty).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.