Fla. Std. Jury Instr. (Crim.) 28.19

§ 327.33(1), Fla. Stat.

To prove the crime of Reckless [Operation of a Vessel] [Manipulation], the State must prove the following three elements beyond a reasonable doubt:

1. (Defendant) [operated a vessel] [manipulated any [water skis] [aquaplane or similar device]].

2. (Defendant) did so with a willful or wanton disregard for the safety of persons or property.

3. (Defendant) [operated the vessel] [manipulated the [water skis] [aquaplane or similar device]] at a speed or in a manner as to [endanger or that was likely to endanger life or limb] [or] [injure a person] [or] [damage the property of a person].

Give a. or b. or both as applicable.

If you find the defendant guilty of Reckless [Operation of a Vessel] [Manipulation], you must also determine whether the State proved beyond a reasonable doubt that the defendant’s reckless [operation of a vessel] [manipulation]:

a. resulted in an accident that caused damage to the property or person of another.

b. resulted in an accident that caused serious bodily injury.

Give if applicable. § 316.192, Fla. Stat.

Serious bodily injury means a physical condition that creates a substantial risk of death, serious personal disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

Give if applicable. Reaves v. State, 979 So. 2d 1066 (Fla. 1st DCA 2008).

The conduct of [(victim)] [another] [another person] is a defense to this crime only when that conduct was the sole cause of the accident that resulted in [property damage] [injury] [serious bodily injury].

Give as applicable.

§ 327.02, Fla. Stat.

“Operate” means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel’s navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state.

§ 327.02, Fla. Stat.; State v. Davis, 110 So. 3d 27 (Fla. 2d DCA 2013).

“Vessel” means a boat and includes every description of watercraft, barge, and airboat, other than a seaplane, on the water used or capable of being used as a means of transportation on water.

W.E.B. v. State, 553 So. 2d 323 (Fla. 1st DCA 1989).

“Willful” means intentionally, knowingly, and purposely.

“Wanton” means with a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property.

§ 327.02, Fla. Stat.

“Person” means an individual, partnership, firm, corporation, association, or other entity.

Give if applicable and insert additional instructions from § 327.331, Fla. Stat. as necessary.

A vessel other than a law-enforcement or rescue vessel that approaches within [100 feet of a divers-down warning device on a river, inlet, or navigation channel] [or] [300 feet of a divers-down warning device on waters other than a river, inlet, or navigation channel] must proceed no faster than necessary to maintain headway and steerageway. A violation of this law constitutes Reckless Operation of a Vessel.

Lesser Included Offense

RECKLESS [OPERATION OF A VESSEL] [MANIPULATION] — 327.33(1)

CATEGORY ONE

CATEGORY TWO

FLA. STAT.

INS. NO.

None

Culpable Negligence

784.05(1)

8.9