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Florida Vessels Code Section 327.36 - Vessel Safety - Mandatory adjudication; prohibition against accepting plea to lesser included offense.

Legal Research Home > Florida Lawyer > Vessels > Florida Vessels Code Section 327.36 - Vessel Safety - Mandatory adjudication; prohibition against accepting plea to lesser included offense.

Title XXIV   VESSELS

Chapter 327   VESSEL SAFETY

327.36  Mandatory adjudication; prohibition against accepting plea to lesser included offense.--

(1)  Notwithstanding the provisions of s. 948.01, no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of s. 327.35, for manslaughter resulting from the operation of a vessel, or for vessel homicide.

(2)(a)  No trial judge may accept a plea of guilty to a lesser offense from a person who is charged with a violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide and who has been given a breath or blood test to determine blood or breath alcohol content, the results of which show a blood-alcohol level or breath-alcohol level of 0.16 or more.

(b)  A trial judge may not accept a plea of guilty to a lesser offense from a person charged with a felony violation of s. 327.35, manslaughter resulting from the operation of a vessel, or vessel homicide.

History.--s. 27, ch. 87-243; s. 5, ch. 87-392; s. 10, ch. 91-255; s. 24, ch. 96-330; s. 10, ch. 2000-362.

Last modified: November 21, 2006