When a fleeing and eluding case reaches a prosecutor or a judge, the first question is what the driver knew: whether the patrol car’s lights and siren were on, whether its markings were visible, and how long the driver kept going. Those questions are familiar to me as a former police academy instructor. My name is Rocky Brancato; I founded The Brancato Law Firm, P.A., a Tampa criminal defense firm, and I have tried more than 150 jury trials to verdict. Our attorneys defend fleeing charges across Hillsborough, Pinellas, and Pasco Counties by testing that proof against the video, the dispatch records, and the statute as it reads after the 2025 changes. The same knowledge questions decide boat and jet ski cases that FWC officers charge under section 843.18, covered below.

Is fleeing and eluding a felony in Florida?

Yes, at every level. Section 316.1935, Florida Statutes makes the lowest form of fleeing a third-degree felony, and the charge climbs with speed, recklessness, injury, and a connection to a crash.

The maximums come from section 775.082, Florida Statutes. There is no misdemeanor version, and section 316.1935(6) provides that “no court may suspend, defer, or withhold adjudication of guilt or imposition of sentence for any violation of this section.” A conviction is a felony conviction. Our Tampa criminal traffic lawyer team looks for a path to a lesser charge from the first review of the file.

What does the State have to prove in a fleeing and eluding case?

It depends on the subsection. Under section 316.1935(1), the State must prove the driver had “knowledge that he or she has been ordered to stop such vehicle by a duly authorized law enforcement officer” and then willfully refused or failed to stop, or stopped and then willfully fled. Subsection (1) has no lights, siren, or marked-car element.

The more common charge under subsection (2) adds three facts about the police car: it was “an authorized law enforcement patrol vehicle,” it had “agency jurisdictional markings prominently displayed on the vehicle,” and it had its “siren and lights activated.” The statute requires both the siren and the lights.

Each element is a defense point. A driver who never heard a siren, never saw lights in the mirror, or could not tell an unmarked car was police has a knowledge defense. Our attorneys at The Brancato Law Firm match the officer’s account to the dash camera, body camera, and radio timeline second by second.

What did Florida’s 2025 fleeing law change?

It changed the markings language, raised two offense rankings, and added a repeat-offender multiplier. CS/CS/HB 113, enacted as chapter 2025-75, Laws of Florida, took effect October 1, 2025. It passed the House 101 to 9 and the Senate 36 to 0.

1. Markings. The law removed the requirement that the pursuing car “prominently display agency insignia.” The statute once read “agency insignia and other jurisdictional markings”; it now reads “agency jurisdictional markings.”
2. Rankings. Section 921.0022, the offense severity chart that drives the sentencing scoresheet, now ranks subsection (3)(a) at Level 5 instead of Level 4 and aggravated fleeing under (4)(a) at Level 6 instead of Level 5. A higher level means more points and a higher lowest permissible sentence.
3. The 1.5 multiplier. Under section 921.0024(1)(b), Florida Statutes, “If the primary offense is fleeing or attempting to elude a law enforcement officer or aggravated fleeing or eluding in violation of s. 316.1935, and in the offender’s prior record, there is one or more violation of s. 316.1935, the subtotal sentence points are multiplied by 1.5.”

The 2025 law did not create the 3-year mandatory minimums, the ban on withholding adjudication, or vehicle forfeiture. Those were already in the statute. The offense date matters: for a chase before October 1, 2025, the older insignia element and the older rankings still apply.

What is the mandatory minimum for fleeing and eluding?

Three years in prison, but only for the two first-degree tiers. Subsection (3)(b), fleeing at high speed or with wanton disregard that causes serious bodily injury or death, and subsection (4)(b), aggravated fleeing that causes serious bodily injury or death, each carry a “mandatory minimum sentence of 3 years imprisonment.” Under section 316.1935(6), those minimums are not eligible for gain-time or discretionary early release, except for pardon, clemency, or conditional medical release.

The other tiers have no mandatory minimum, but the scoresheet still controls. A Level 5 or Level 6 ranking, plus the 1.5 multiplier for a repeat case, can produce a prison score even when no one was hurt. Our attorneys at The Brancato Law Firm prepare an independent scoresheet and challenge every point the State adds.

Will you lose your license or your car for fleeing?

Possibly both. Section 316.1935(5) provides that “The court shall revoke, for a period not less than 1 year nor exceeding 5 years, the driver license” of anyone convicted under subsections (1) through (4). Under section 316.1935(7), a vehicle used in the offense is “deemed to be contraband” and can be forfeited under Florida’s contraband forfeiture law.

Our attorneys at The Brancato Law Firm raise the revocation length and any forfeiture claim in negotiations, because a family car or a commercial license can be at stake.

How do our attorneys fight a fleeing and eluding charge?

We attack the element the State is weakest on, then push for a lesser charge. Three appellate cases show how the arguments work.

Markings for older offense dates. In Slack v. State, 30 So. 3d 684 (Fla. 1st DCA 2010), the officer drove a “marked patrol car” with “lights on top,” and the lights and siren were on. The First District held that was not enough because “there was no evidence of ‘agency insignia and other jurisdictional markings prominently displayed on the vehicle,'” and it directed a conviction under subsection (1) instead. The insignia requirement is gone for chases on or after October 1, 2025, but the State must still prove jurisdictional markings were “prominently displayed.”

High speed and wanton disregard. In Canidate v. State, 238 So. 3d 412 (Fla. 4th DCA 2018), a Martin County driver went 40 in a 35 zone with occasional weaving, and no person or property was affected. The court held that was not “wanton disregard,” which it defined as “a conscious and intentional indifference to consequences and with knowledge that damage is likely to be done to persons or property.” The second-degree conviction was reversed and the case sent back for a conviction under subsection (2).

Evidence from every county. In Johnson v. State, No. 1D2024-0912 (Fla. 1st DCA Nov. 5, 2025), a pursuit in marked cars with lights and sirens followed a vehicle theft. Radar captured 127 mph in Jackson County, and the court held that evidence was admissible to prove the high-speed element of a Bay County charge, because each element need not occur in the charging county. The lesson for the defense is to gather records from every agency the chase passed through.

In practice, our attorneys:

1. Test knowledge. We check the video for when lights and siren came on, what the driver could see, and how long the driver drove afterward.
2. Test the patrol car. We get photographs of the vehicle and its markings.
3. Test speed and wanton disregard. We compare radar, GPS, and video with the road and traffic conditions.
4. Test the stop. If the officer had no lawful basis for the order to stop, we challenge it. Our post on how long a traffic stop can last in Florida covers the limits on stops.
5. Test identity. In chases where the driver ran from the car, we look at who was actually seen driving.
6. Negotiate a reduction. Florida’s reckless driving statute, section 316.192, Florida Statutes, provides that “Fleeing a law enforcement officer in a motor vehicle is reckless driving per se,” which makes reckless driving a natural reduction target. Our guides on reckless driving in Florida and fighting a reckless driving charge explain that charge.

How often do police pursuits end in deaths?

More often than they used to, nationally. Pursuit-related deaths in the United States rose from 382 in 2015 to 532 in 2020, a 39% increase, according to NHTSA crash data reported by the Police Executive Research Forum in Vehicular Pursuits: A Guide for Law Enforcement Executives on Managing the Associated Risks (COPS Office, U.S. Department of Justice, 2023). The report counted 2,604 pursuit-related deaths from 2015 through 2020.

The Bureau of Justice Statistics estimated about 68,000 police pursuits in 2012, about 186 a day, in Police Vehicle Pursuits, 2012-2013 (May 2017). We could not find a published Florida count of pursuits, so these figures are national. Our attorneys at The Brancato Law Firm treat every fleeing charge as a serious felony case from the start.

What should you do after a fleeing and eluding arrest?

Get the video preserved. Dash camera, body camera, and dispatch recordings often decide fleeing cases, and every agency involved in the chase may hold a piece. A person arrested in Hillsborough County sees a judge at first appearance within 24 hours, held at the Orient Road Jail, and the State Attorney’s Office for the 13th Judicial Circuit files the charging information. Before then:

1. Say nothing about the chase, including why you did not stop.
2. Write down the route and times while you remember them.
3. Keep your phone records, which can show calls, navigation, or location.
4. Call a lawyer quickly, so preservation requests go out to every agency.

If the chase began after a crash, the case may also include a leaving the scene charge, covered in our guide on whether leaving the scene of an accident is a felony in Florida.

Is fleeing FWC in a boat or on a jet ski a felony in Florida?

Yes. Under section 843.18, Florida Statutes, it is a third-degree felony for “the operator of any boat plying the waters of the state” who knows an officer has directed the vessel to stop to willfully refuse or fail to stop, or to stop and then willfully flee. The maximum sentence is 5 years in prison under section 775.082 and a $5,000 fine under section 775.083, Florida Statutes. The Florida Fish and Wildlife Conservation Commission (FWC) brings most of these cases, because its officers patrol the state’s waters.

A jet ski counts. Florida’s boating law, section 327.02, Florida Statutes, defines a “personal watercraft” as a vessel under 16 feet powered by a water jet pump, and says “vessel” is synonymous with “boat.” Our attorneys at The Brancato Law Firm read a vessel fleeing charge element by element, because each one is a fact the State has to prove.

How is fleeing in a boat different from fleeing in a car?

The boat statute has one level and fewer built-in penalties. Section 843.18 is a single third-degree felony, while section 316.1935 climbs to first-degree felonies with 3-year mandatory minimums. The comparison below comes from the text of each statute.

The missing withhold ban matters. Because section 843.18 has no clause like section 316.1935(6), the statute itself does not stop a judge from withholding adjudication, which can keep a client from being a convicted felon. Our attorneys at The Brancato Law Firm build the mitigation for that request from the start of a vessel case.

One rule from car cases will likely carry over. In State v. Kirer, 120 So. 3d 60 (Fla. 4th DCA 2013), a driver kept going for about five minutes at roughly 10 mph despite a deputy’s lights, siren, and loudspeaker orders. The Fourth District held the deputy had probable cause for fleeing “regardless of whether probable cause initially justified the stop.” We found no published Florida appellate opinion applying section 843.18, but its wording tracks section 316.1935(1), so we expect prosecutors to argue that an unlawful stop is no defense to vessel fleeing either.

The lawfulness of the stop still matters to the companion charge. Resisting without violence under section 843.02, Florida Statutes requires that the officer was acting “in the lawful execution of any legal duty.” Our post on resisting an officer without violence in Florida explains that element.

What other charges come with fleeing on the water?

Most vessel fleeing cases carry a stack of lesser charges and citations. They are listed below with the classification each statute gives them.

The small citations are not just paperwork. Registration records tie a vessel to its owner, and an expired registration citation cannot be paid by mail under section 327.73. Our attorneys at The Brancato Law Firm handle the infractions with the felony so nothing is left open.

How did FWC identify two Tampa jet ski riders months after the chase?

With surveillance video, witnesses, and phone data. On October 30, 2026, FOX 13 reported that FWC officers served arrest warrants on two Tampa men, ages 25 and 23, over a July 12 incident in Hillsborough County. According to the report, a caller said three jet skis were running through a designated slow speed area, an officer found two matching jet skis, identified himself, and ordered the riders to stop, and both riders “sped away at high speeds through the slow speed zone.” FWC said investigators identified them through surveillance recordings, witness statements, and mobile phone data.

The reported charges were fleeing to elude, resisting without violence, interference with an FWC officer, and the slow speed zone violation, plus citations for improper display of a registration number, expired registration, and failing to update a driver license address. One jet ski was impounded. These are allegations, and both men are presumed innocent. Our attorneys at The Brancato Law Firm point to cases like this one because they show how FWC builds a case after the rider is gone.

Getting away on the water does not end the case. About 3.5 months passed between the July 12 incident and the late-October warrants, and under section 775.15, Florida Statutes, the State generally has 3 years to file a third-degree felony. Jet skis are also a large share of Florida’s boating accidents: in 2025, personal watercraft were involved in 23% (161) of Florida’s 694 reportable boating accidents while making up 17% of registered vessels, according to the FWC 2025 Boating Accident Statistical Report. The same report counts 42,528 registered vessels in Hillsborough County in 2025.

How do our attorneys challenge phone data and video in a vessel fleeing case?

We test how the State got the data and whether it actually points to our client. Phone location evidence comes in different forms, including carrier cell-site records, “tower dumps” listing every phone that used a tower in a time window, and geofence requests to companies like Google, and each one has its own warrant rules.

• Carpenter v. United States, 585 U.S. 296 (2018): the government obtained 127 days of a robbery suspect’s cell-site records from his carrier, and the Supreme Court held that police “must generally obtain a warrant supported by probable cause” for those records.
• Tracey v. State, 152 So. 3d 504 (Fla. 2014): police tracked a suspect’s phone in real time without a warrant, and the Florida Supreme Court held that real-time cell-site tracking is a search requiring probable cause and that the evidence was subject to suppression.
• Chatrie v. United States, 609 U.S. 605 (2026): police used a geofence warrant to get Google location data after a credit union robbery, and on June 29, 2026, the Supreme Court held 6 to 3 that obtaining that data is a Fourth Amendment search. It sent the case back to decide whether the warrant was valid. Our post on whether police can track your phone without a warrant in Florida covers the ruling.

Broad location warrants sweep in strangers. U.S. Magistrate Judge Beth W. Jantz warns that these tools let the government “over-collect location data of uninvolved third parties,” in Simulating More Particularity: Ideas for Approaching Search Warrants for Geofences, Tower Dumps, and Cell-Site Simulators, 16 Federal Courts Law Review (2024). In a vessel case, our attorneys:

• Get every warrant and application for phone records, and check the time window, the area covered, and the probable cause behind each step.
• Find out whether the data came from a tower dump or a geofence, and how investigators narrowed a list of phones to our client. Our guide to cell phone location evidence explains what the records can and cannot show.
• Test identification from video. Distance, glare, sunglasses, life jackets, and look-alike jet skis make faces hard to read, and a registration number identifies a vessel, not its rider.
• Test the stop order. We ask whether the officer was identifiable as law enforcement, how the order was given, and whether a rider could hear it over the engine.
• Compare witness statements with the video and the timeline, because callers often describe a group of riders rather than one person.

What should you do if FWC is looking for you?

Do not talk to the investigator, and call a defense lawyer before a warrant issues. FWC officers are law enforcement officers with “full power to investigate and arrest” under section 379.3313, Florida Statutes, and a casual phone call can fill the gap between a jet ski and the person riding it.

• Do not return the officer’s call or explain what happened. A statement that you were on the water that day may be the identification the case is missing.
• Do not delete texts, photos, or location history, and do not sell, repaint, or hide the vessel. Doing so can lead to a separate tampering charge.
• Let a lawyer contact the investigator. Our representation before charges are filed can include presenting facts to the State Attorney’s Office before a decision is made.
• If a warrant is coming, plan the surrender. In Hillsborough County, a person arrested on a warrant is booked into the jail and sees a judge at first appearance, and our post on the bond walkthrough process in Hillsborough County explains how a planned surrender works.

Our attorneys at The Brancato Law Firm defend FWC boating cases in Hillsborough, Pinellas, and Pasco Counties.

Frequently asked questions about fleeing and eluding in Florida

Can fleeing and eluding charges be dropped in Florida?

Yes, when the State cannot prove the driver knew of the order to stop, cannot prove the patrol car’s markings, lights, and siren, or cannot prove who was driving. The Brancato Law Firm builds those arguments from the video and presents them to the prosecutor, as described on our criminal traffic defense page.

Does the police car have to be marked in a Florida fleeing case?

For a subsection (2) charge, yes: since October 1, 2025, the car must have “agency jurisdictional markings prominently displayed,” though agency insignia is no longer required. Our attorneys at The Brancato Law Firm check the offense date first, because older cases still require insignia.

Can you get a withhold of adjudication for fleeing and eluding in Florida?

No; section 316.1935(6) bars a court from withholding adjudication for any fleeing offense. The Brancato Law Firm therefore works to defeat the charge or negotiate a reduction to a different offense, such as reckless driving.

How long is your license revoked for fleeing and eluding in Florida?

At least 1 year and up to 5 years, under section 316.1935(5). Our attorneys at The Brancato Law Firm argue for the shortest revocation the facts support.

Can fleeing and eluding be reduced to reckless driving in Florida?

It can be, because the reckless driving statute treats fleeing in a vehicle as reckless driving per se. The Brancato Law Firm pursues that reduction when the State’s proof on knowledge or markings is weak, and our post on reckless driving in Florida explains the penalties.

What is the 1.5 multiplier for repeat fleeing in Florida?

It multiplies the subtotal sentence points by 1.5 when the primary offense is fleeing and the prior record includes a fleeing violation, under section 921.0024(1)(b). Our attorneys at The Brancato Law Firm check whether the prior actually counts and whether the offense date is on or after October 1, 2025.

Is fleeing on a jet ski a felony in Florida?

Yes; a jet ski is a vessel, and fleeing an officer’s directive to stop in any boat is a third-degree felony under section 843.18, Florida Statutes, punishable by up to 5 years in prison and a $5,000 fine. The Brancato Law Firm defends these FWC cases by testing who was operating the jet ski and whether the rider knew of the order.

Do you lose your driver license for fleeing in a boat in Florida?

Section 843.18 has no driver license revocation provision, unlike section 316.1935(5) for vehicles. Our attorneys at The Brancato Law Firm still check for related citations, such as an outdated license address, that need to be resolved in court.

Can FWC arrest you months after a boat chase?

Yes; FWC can investigate after the fact and obtain an arrest warrant, and the State generally has 3 years to file a third-degree felony. If you think FWC is looking for you, The Brancato Law Firm can step in through pre-file advocacy before a warrant is served.

Call a Tampa fleeing and eluding defense attorney

Pursuit video and dispatch recordings are easiest to secure in the first days after an arrest. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, will send preservation requests to every agency involved, including FWC in a boat or jet ski case, test the State’s proof on knowledge and markings, and push for a reduction. Call (813) 727-7159 for a free, confidential consultation. You can call us at any hour. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read about our Spanish and Haitian Creole criminal defense services.

For more about our defense strategies, visit our Tampa Criminal Traffic Lawyer page.

The Brancato Law Firm, P.A.

620 E. Twiggs Street, Suite 205, Tampa, FL 33602

(813) 727-7159

Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

A prosecutor who sees a stranger step onto someone else’s boat and start a fight does not think “boating dispute.” The prosecutor thinks burglary, because Florida’s burglary statute treats a vessel the same way it treats a car or a house trailer. I have watched that charging choice drive plea negotiations for more than 25 years in Hillsborough County courtrooms. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. Our attorneys defend people charged with burglary, battery, and on-the-water offenses across Hillsborough, Pinellas, and Pasco Counties.

The Brancato Law Firm is not involved in Mr. Horner’s case and does not represent anyone in it. This article explains the Florida law the case raised, using public reporting.

What Happened in the Brock Horner Boat Confrontation?

According to news reports, a video recorded on April 1, 2025, showed Horner, a Punta Gorda charter captain, pull alongside a 22-year-old fisherman’s boat, climb aboard, and confront him with threats and profanity while the young man tried to calm the situation. The video spread nationally. Punta Gorda police arrested Horner on a charge of burglary with assault or battery, and he was released from the Charlotte County Jail on a $20,000 bond. A judge later ordered him to have no contact with the fisherman.

On April 11, 2025, the Florida Fish and Wildlife Conservation Commission referred two misdemeanors and three infractions to the State Attorney’s Office for the 20th Judicial Circuit: harassment of hunters or fishers, using a recreationally registered vessel commercially, careless operation of a vessel, no saltwater charter fishing license, and improper display of registration. Horner entered a written plea of not guilty and asked for a jury trial. As of October 2026, we have not found a public report of how the case was resolved. Every person charged with a crime is presumed innocent unless the State proves guilt beyond a reasonable doubt.

Why Is Boarding Someone Else’s Boat Burglary in Florida?

Boarding another person’s boat can be burglary because Florida’s burglary law covers “conveyances,” and a conveyance includes a boat. Section 810.011(3), Florida Statutes, defines a conveyance as “any motor vehicle, ship, vessel, railroad vehicle or car, trailer, aircraft, or sleeping car.” Under section 810.02, Florida Statutes, burglary means entering a dwelling, structure, or conveyance “with the intent to commit an offense therein,” unless the defendant was licensed or invited to enter. The offense intended can be a battery or an assault; it does not have to be a theft.

Maximum terms and fines for the second- and third-degree rows come from section 775.082 and section 775.083, Florida Statutes. The jump from a third-degree felony to a life felony turns on two facts: whether someone was on board and whether the State can prove an assault or battery. That is why our attorneys study every second of the video in a case like this. Our Tampa violent crime lawyer page explains how we defend battery and burglary-with-battery charges.

How Often Do Things Go Wrong on Florida Waters?

Florida has more than a million registered boats, and crowded water leads to confrontations as well as crashes. According to the Florida Fish and Wildlife Conservation Commission, Florida had 1,030,053 registered vessels in 2024, and the FWC recorded 685 reportable boating accidents and 81 boating fatalities that year, per its 2024 Boating Accident Statistical Report.

Those numbers count accidents, not fights, but they explain why FWC officers, sheriff’s marine units, and local police patrol the same water and why a dispute at a boat ramp or sandbar can bring more than one agency. In Hillsborough County, a case like this is filed by the State Attorney’s Office for the 13th Judicial Circuit; in Pinellas and Pasco, by the 6th Circuit.

Could the Fisherman Have Used Force to Defend Himself?

Possibly. Florida law allows force in self-defense when a person reasonably believes it is necessary, and the law gives extra protection to people inside an occupied vehicle. Under section 776.012(2), Florida Statutes, a person may use or threaten deadly force if he or she reasonably believes it is necessary to prevent imminent death or great bodily harm or the imminent commission of a forcible felony, and a person who is not engaged in criminal activity and is in a place where he or she has a right to be has no duty to retreat.

Section 776.013(2), Florida Statutes, adds a presumption of reasonable fear when the intruder “was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle.” The statute defines “vehicle” as “a conveyance of any kind, whether or not motorized, which is designed to transport people or property,” which by its words can reach a boat. Two limits matter: the presumption requires a forcible entry, and it does not protect someone who is engaged in criminal activity. Whether a given boarding was forcible is a fact question for a judge at a Stand Your Ground hearing or for a jury.

Could the Passengers on Horner’s Boat Be Charged for Not Stopping Him?

Almost certainly not, based on what was public. Florida, like most states, has no general law making it a crime to stand by while someone else commits an assault or battery. A law review note in the Indiana Law Review (Jennifer Bagby, 33 Ind. L. Rev. 571, 2000) summarized the American rule: “American law has not imposed liability, either civil or criminal, for the failure to render assistance or rescue.” Florida’s one notable exception, section 794.027, Florida Statutes, makes it a first-degree misdemeanor to fail to report a sexual battery a person witnesses when he or she could safely do so; it does not apply to a fight.

A passenger could be charged only as a principal. Under section 777.011, Florida Statutes, a person who “aids, abets, counsels, hires, or otherwise procures” a crime is punished as if he or she committed it. In Staten v. State, 519 So. 2d 622 (Fla. 1988), a case about a getaway driver in a planned robbery, the Florida Supreme Court held that a principal “must intend that the crime be committed and do some act to assist the other person in actually committing the crime,” and agreed that mere knowledge of the crime and mere presence at the scene are not enough. Silent passengers who did nothing to help would not meet that test unless new evidence showed encouragement or planning.

Could Veterans Treatment Court Apply in a Case Like This?

Only in limited ways for a burglary-with-battery charge. Military service does not change the elements of the charge, and Florida’s felony pretrial veterans program under section 948.08(7), Florida Statutes, excludes felonies listed in section 948.06(8)(c), and that list includes “any burglary offense” that is a first- or second-degree felony under section 810.02(2) or (3). So a first-degree burglary charge would have to be reduced before a veteran could use pretrial veterans court, where successful completion leads to dismissal.

After a plea, section 948.21, Florida Statutes, lets a judge order a qualifying veteran on probation to complete treatment for a service-related mental illness, traumatic brain injury, substance abuse disorder, or psychological problem. Hillsborough County’s Veterans Treatment Court held its first session in October 2013, added felonies in February 2015, and runs misdemeanor and felony pretrial programs plus a post-adjudication program, according to the 13th Judicial Circuit. Our Tampa criminal mental health lawyer page covers how we document PTSD and other service-related conditions for the court.

How Do Our Attorneys Defend a Burglary or Battery Charge From an Incident on the Water?

We start with the entry, because the burglary charge depends on why and how the person came aboard:

1. Was the person licensed or invited to come aboard? An invitation, even an implied one at a raft-up or sandbar, defeats the entry element.
2. What was the intent at the moment of entry? The State must prove the person meant to commit an offense when he or she boarded, not only that a dispute happened later.
3. Was there an assault or battery? Words alone are not a battery. An assault requires a threat with an apparent ability to carry it out that creates a well-founded fear.
4. What does all the video show? Phone clips often start mid-argument. We look for other angles, marina cameras, and the minutes before the recording.
5. Are there self-defense or defense-of-others facts? Stand Your Ground can apply to the person charged as well as to the person boarded.
6. Can the charge be reduced? Trespass on a vessel, simple battery, or a reduced burglary count can open diversion or veterans court options.

If an investigation is still open, our representation before charges are filed can reach the prosecutor before a charging decision. See our Hillsborough County criminal defense attorney page, or our pages for Pinellas County and Pasco County cases.

Frequently Asked Questions About the Brock Horner Case and Boat Burglary

Is getting on someone’s boat without permission a crime in Florida?

It can be. Entering a boat to commit an offense can be burglary of a conveyance, and boarding without permission can support other charges. The Brancato Law Firm looks first at whether there was an invitation and what the person intended; our violent crime defense page has more.

What is the penalty for burglary with battery in Florida?

It is a first-degree felony punishable by up to life in prison under section 810.02(2)(a). The Brancato Law Firm often works to show that the entry or the battery element is missing, which can reduce the charge to a lower degree or a misdemeanor.

Can you stand your ground on a boat in Florida?

Yes, if you are not engaged in criminal activity, are where you have a right to be, and reasonably believe force is necessary. Our attorneys at The Brancato Law Firm litigate Stand Your Ground motions and examine whether the boarding was forcible enough to trigger the occupied-vehicle presumption; our Tampa violent crime lawyer page explains the process.

Do bystanders have to intervene in a crime in Florida?

No. Florida has no general duty to intervene, and presence at a crime is not enough to make someone a principal. The Brancato Law Firm defends people charged as principals by showing there was no intent and no act of help.

Can a veteran charged with burglary with battery go to veterans court?

Not through the felony pretrial program while the charge is a first-degree burglary, because those charges are excluded. The Brancato Law Firm can seek a reduced charge or a probation sentence with veterans treatment under section 948.21.

What happened to Captain Brock Horner’s case?

He was charged with burglary with assault or battery, and the FWC referred additional misdemeanors and infractions; he pleaded not guilty. The Brancato Law Firm is not involved in the case, and as of October 2026 we had not found a public report of its outcome.

Talk to a Tampa Defense Attorney About a Charge From an Incident on the Water

If a confrontation at a boat ramp, a sandbar, or a marina has led to an arrest or a call from an officer, call The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, at (813) 727-7159. We will get the video, the FWC and police reports, and the witness list, and work to keep a dispute on the water from becoming a life felony. You can call us at any hour; our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French. Read our guide for criminal defense in Spanish and Haitian Creole in Tampa.

For more about our defense strategies, visit our Tampa Violent Crime Lawyer page.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.

If your husband, wife, or child was just walked off a cruise ship at Port Tampa Bay, the next 24 hours shape the whole case. I’m Rocky Brancato, founder of The Brancato Law Firm, P.A., a Tampa criminal defense firm, and a former Chief Operations Officer of the Hillsborough County Public Defender’s Office, where I oversaw a staff of over 100 attorneys. I have spent more than 25 years in Hillsborough County courtrooms. Our attorneys take these calls while the ship is still at the dock, and we can be mobilized and ready for your loved one’s first appearance.

Why do people get arrested at the Tampa cruise terminals?

People get arrested at the Tampa cruise terminals because every bag is screened before boarding, and law enforcement officers work the terminals on cruise days. In 2025, Port Tampa Bay welcomed 1.66 million cruise passengers, the highest total in its history, according to Port Tampa Bay. The port says it is tracking toward 1.8 million passengers in 2026. More passengers means more luggage screened and more arrests.

In the cruise terminal cases our firm has handled, the arrest is made by an off-duty Hillsborough County Sheriff’s Office deputy working a paid detail at the terminal. Private security screens the luggage, flags a bag, and calls the deputy. The cruise terminals sit inside Tampa city limits, so a Tampa Police officer can make the same arrest. Either way, the case goes to the Hillsborough County State Attorney’s Office and the Hillsborough County criminal courts in the 13th Judicial Circuit.

Passengers are often already in their cabin when the bag is flagged. Ship security finds them on board, walks them off the ship, and turns them over to the deputy at the terminal.

Can you bring marijuana, CBD, or hemp on a cruise from Tampa?

No. Cruise lines ban marijuana on board, and the published policies of Carnival and Norwegian also ban CBD and THC products, including products sold as medical marijuana. A product that is legal at a Florida smoke shop can still get you removed from the ship and arrested at the terminal.

A Florida medical marijuana card does not change this. Florida’s medical marijuana law, section 381.986, Florida Statutes, excludes use or administration of marijuana “on any form of public transportation” from protected medical use, except for low-THC cannabis not in a form for smoking. Federal law does not recognize state medical marijuana programs at all. Our post on how to legally transport medical marijuana in Florida covers the rules on land.

Is hemp legal on a cruise ship?

Hemp is legal under Florida law, but that does not protect you on a cruise. Florida defines hemp in section 581.217, Florida Statutes as cannabis with a total delta-9 THC concentration that does not exceed 0.3 percent on a dry-weight basis. Florida’s drug statute, section 893.02, Florida Statutes, excludes that hemp from the definition of cannabis. The problem is proof. A deputy at the terminal cannot tell a lawful hemp gummy from a marijuana gummy by looking at it, so the passenger gets arrested and the lab sorts it out later.

Federal hemp law is also changing. Congress rewrote the federal definition of hemp in Public Law 119-37, enacted November 12, 2025, according to the Congressional Research Service. Under the new definition, final hemp-derived cannabinoid products with more than 0.4 milligrams of total THC per container are no longer hemp under federal law. Congress delayed that change to December 11, 2026, in H.R. 6500, signed September 2, 2026. Unless Congress acts again, intoxicating hemp gummies, drinks, and vapes over that limit will be treated as marijuana, a Schedule I controlled substance, under federal law. That matters when a ship returns to Tampa from a foreign port and passes through U.S. Customs.

Will a cruise ship arrest be in state court or federal court?

Where the case lands depends on where the drugs were found and who found them. Drugs found at the terminal before the ship sails are almost always a Hillsborough County state case. Drugs found by U.S. Customs and Border Protection when the ship returns from Mexico, Honduras, or the Bahamas can become a federal case, a federal civil penalty, or a state case referred to local deputies. Crimes committed against another person at sea are usually investigated by the FBI.

Federal jurisdiction over crimes at sea is broad. Under 18 U.S.C. § 7(8), the special maritime jurisdiction of the United States reaches any foreign vessel “during a voyage having a scheduled departure from or arrival in the United States” for offenses committed by or against a U.S. national, to the extent international law allows. Florida has its own special maritime jurisdiction statute, section 910.006, Florida Statutes, which covers acts against people and property aboard ships on voyages where over half of the passengers embarked and plan to disembark in Florida.

Cruise lines must report serious crimes to the FBI under the Cruise Vessel Security and Safety Act. In 2025, cruise lines reported 182 alleged crimes to the FBI across the four quarterly reports published by the U.S. Department of Transportation. Those reports cover assaults, sexual assaults, thefts over $10,000, and missing persons. They do not count drug offenses.

When a cruise ship case is charged federally in Tampa, the first court date is an initial appearance before a federal magistrate judge, and the charges come from federal statutes, not Florida’s. Our firm’s practice is Florida state court in Hillsborough, Pinellas, and Pasco Counties, where arrests made at the terminal before the ship sails are prosecuted.

What are the penalties for marijuana or THC found on a cruise ship?

In Florida, possession of 20 grams or less of cannabis flower is a first-degree misdemeanor, and possession of more than 20 grams is a third-degree felony under section 893.13, Florida Statutes. The 20-gram misdemeanor exception does not apply to resin or any “derivative, mixture, or preparation of such resin.” That means THC gummies, vape cartridges, and wax are charged as felonies in Florida regardless of weight, unless they qualify as lawful hemp.

Under federal law, simple possession under 21 U.S.C. § 844 carries up to one year in prison and a minimum $1,000 fine for a first offense. Bringing or possessing a Schedule I drug such as marijuana on board a vessel arriving in or departing from the United States is a separate federal crime under 21 U.S.C. § 955. For less than 50 kilograms of marijuana, 21 U.S.C. § 960 sends sentencing to 21 U.S.C. § 841(b)(1)(D), which allows up to five years. For small personal-use amounts, federal authorities can instead impose a civil penalty of up to $10,000 under 21 U.S.C. § 844a, which is not available to anyone with a prior drug conviction.

Our attorneys handle these cases through our Tampa drug crimes attorney practice, and the first question we ask is what exactly the officers found and how they tested it.

Can cruise security or customs search your cabin without a warrant?

Yes, in most situations. Two different rules apply depending on who does the searching and when.

Cruise line security is private. The Fourth Amendment limits government searches, and a search by the cruise line’s own security acting on its own generally falls outside it. Cruise ticket contracts typically give the cruise line the right to search cabins and luggage. Federal law adds a second layer. A House committee report on the Cruise Vessel Security and Safety Act noted that “American citizens who travel on cruise ships are subject to the laws of the vessel’s flag state,” which “may not afford them the same rights and protections” as U.S. law, per House Report 111-332.

Customs officers can search at the border without a warrant. In United States v. Hill, 939 F.2d 934 (11th Cir. 1991), customs agents watching a cruise ship at Port Everglades stopped a crew member’s ride inside the port and found cocaine after a dog alert. The Eleventh Circuit held that the port was the functional equivalent of the border, so no suspicion was required, and reversed the order suppressing the cocaine. In United States v. Alfaro-Moncada, 607 F.3d 720 (11th Cir. 2010), the same court upheld a suspicionless search of a crew member’s cabin on a foreign cargo ship docked in Miami.

A passenger’s cabin may deserve more protection. In United States v. Whitted, 541 F.3d 480 (3d Cir. 2008), customs officers searched a passenger’s stateroom when the Adventure of the Seas docked in St. Thomas. The Third Circuit held that searching a passenger’s private cabin at the border is a “nonroutine border search” that requires reasonable suspicion, though it found that suspicion existed and upheld the search. Florida is in the Eleventh Circuit, not the Third, and Alfaro-Moncada involved a crew cabin on a cargo ship. That difference gives the defense room to argue when customs searches a paying passenger’s stateroom.

Your phone is also open to inspection at the border. In United States v. Touset, 890 F.3d 1227 (11th Cir. 2018), the Eleventh Circuit held that “no suspicion is necessary to search electronic devices at the border,” including forensic searches. Texts about buying or packing marijuana can become evidence.

A lawful search does not end the case. The State still has to prove the substance is illegal and that you knowingly possessed it. Statements are a separate issue too: if deputies questioned you without proper Miranda warnings, our attorneys can file a motion to suppress those statements even when the search itself holds up.

What should you do if you are detained on the cruise ship?

Stay calm, identify yourself, and stop talking about the bag. Many cruise terminal drug cases are built on what the passenger says in the first ten minutes. In a 2026 cruise terminal case our firm handled, where prosecutors ultimately filed no charges, the arrest affidavit relied on the husband’s and wife’s statements, made after Miranda warnings, that they both owned and possessed everything in the bag.

1. Cooperate physically. Go with ship security when asked. Do not argue, resist, or try to stay on board.
2. Give your name and identification. You must identify yourself. You do not have to explain what is in the bag.
3. Ask for a lawyer and stop answering questions. Say, “I want to speak with a lawyer, and I am not answering questions.” Then stop. This applies to ship security, deputies, and customs officers.
4. Do not consent to more searches. If asked for permission to search your cabin, other bags, your car, or your phone, say no. Officers may search anyway, but your refusal preserves the issue for your lawyer.
5. Do not take the blame for someone else. Couples and friends often try to protect each other by claiming everything. That statement can convict you, and it rarely helps the other person.
6. Do not get rid of anything. Flushing a vape or tossing a bag overboard can create a new charge.
7. Do not sign a written statement. Politely decline to write or sign anything about the drugs until you have spoken with a lawyer.
8. Get a message to family. Before your phone is taken, text one person the ship name, the terminal number, and the words “arrested, call a lawyer.”

What should your family do while you are still on the ship?

Your family should call a criminal defense attorney right away, while you are still on the ship or at the terminal. The early hours matter because our attorneys can start preparing for first appearance, track where you are being booked, and make sure you do not talk to anyone about the case on a recorded jail phone.

Have your family gather this information before they call:

• Your full legal name and date of birth
• The cruise line, ship name, and terminal number (Port Tampa Bay runs several terminals off Channelside Drive)
• The sail date and your home state
• The arresting agency, if known (HCSO or Tampa Police)
• What was found, if you were able to say
• Any medical marijuana card, hemp product receipts, or certificates of analysis

Once you are booked, your family can find you through the Hillsborough County jail inmate search and follow our step-by-step Hillsborough County bond walkthrough. Many cruise passengers are visiting from other states or countries. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French, so family members can explain the situation in their own language.

What happens at first appearance after a cruise terminal arrest?

Every arrested person must be taken before a judge within 24 hours of arrest under Florida Rule of Criminal Procedure 3.130. In Hillsborough County, cruise terminal arrests are booked into the Orient Road Jail, and the first appearance judge decides bond and release conditions. If you have hired a lawyer, the rule requires the judge to give a reasonable time to send for counsel, which is one reason to call us before the hearing.

For cruise passengers, first appearance decides practical questions fast. Can an out-of-state passenger go home? What bond is fair for someone with no Florida ties? Will the judge order drug testing or other conditions that are hard to meet from another state? Our attorneys come to first appearance ready to answer those questions with facts: home address, employment, family, and the travel plans that were interrupted. Our guide on what to do after being arrested in Tampa explains the rest of the early process.

If a passenger was released at the terminal without an arrest and the deputy said the report would be sent to the State Attorney, you may not have a court date yet. That is the time for representation before charges are filed, when our attorneys can present lab questions and mitigation to the prosecutor before a charging decision is made.

How do our attorneys fight cruise ship drug charges?

Our attorneys attack cruise ship drug cases at five points: the testing, the possession, the statements, the search, and the classification of the charge.

1. The testing. Field tests used at the terminals detect cannabinoids. They do not measure delta-9 THC concentration, which is what separates legal hemp from illegal cannabis under Florida law. In our 2026 cruise terminal case, the deputy’s field test reported THC gummies, joints, and flower as “synthetic cannabinoids.” We demand a laboratory analysis that actually quantifies THC before any plea is discussed.
2. The possession. Shared luggage and shared cabins create real questions about who owned what. The State must prove each person knew about the drugs and had control over them.
3. The statements. We review when Miranda warnings were given, who asked the questions, and whether ship security questioned the passenger first.
4. The search. We identify who searched, when, and under what authority: private screeners, ship security, a deputy, or customs. Each has different rules.
5. The classification. A felony charge for THC edibles or vapes depends on the product not qualifying as hemp. Flower under 20 grams is a misdemeanor. Getting the weight and the product type right can change the entire case.

For first-time offenders, pretrial diversion may also be available, which can lead to a dismissal after the program is completed. For more about our defense strategies, visit our Drug Crimes page.

Case result

Past results do not guarantee future outcomes.

How fast do you need to act after a cruise ship arrest?

Act within hours, not days. The table below shows the timeline our attorneys work against in a typical terminal arrest in Hillsborough County.

Frequently asked questions

Can you bring CBD gummies on a cruise leaving Tampa?

No, because major cruise lines, including Carnival and Norwegian, list CBD and THC products as prohibited items even when they are legal in Florida. The Brancato Law Firm defends passengers whose hemp or CBD products were flagged at the terminal, starting with whether the product actually exceeds Florida’s 0.3 percent delta-9 THC limit under section 581.217, Florida Statutes.

Does a Florida medical marijuana card protect you on a cruise ship?

No, because Florida’s medical marijuana law does not protect use on public transportation, cruise lines ban medical marijuana, and federal law does not recognize state medical cards. Our attorneys at The Brancato Law Firm still use a valid card, and the dispensary records behind it, as mitigation when a card holder is charged at the terminal.

What happens if customs finds marijuana when a cruise returns to Tampa?

U.S. Customs and Border Protection can seize the marijuana and refer the case for federal prosecution, impose a federal civil penalty of up to $10,000, or turn the passenger over to local law enforcement. The Brancato Law Firm handles the cases that are referred to Hillsborough County state court and can explain the options when customs is involved.

Can cruise ship security search my cabin without a warrant?

Yes, in most cases, because cruise line security is private, ticket contracts typically allow searches, and customs officers can search at the border without a warrant. When a deputy or customs officer goes beyond those limits, The Brancato Law Firm challenges the search in a motion to suppress.

Can marijuana charges from a Tampa cruise terminal be dropped?

Yes, prosecutors can drop or dismiss cruise terminal drug charges when the lab cannot prove the substance is illegal, when possession of shared luggage cannot be proven, or when key statements are suppressed. The Brancato Law Firm represented a husband and wife arrested on felony possession charges at a Port Tampa Bay terminal in 2026, and the State Attorney’s Office filed no charges against either one. Our Tampa drug crimes defense lawyer page explains how we build these cases.

Do I have to come back to Florida for court after a cruise terminal arrest?

It depends on the charge and the judge, since some court dates can be handled through your attorney while others require you to appear in person or by video. The Brancato Law Firm asks the court at first appearance to let out-of-state clients go home and to handle as much of the case through counsel as the court allows.

For a look at how jurisdiction works when something happens at sea, see our analysis of which laws applied in the Disney cruise overboard incident.

For how this fits into the rest of a case, see our step-by-step guide to what happens in a Florida criminal case.

Arrested at a Tampa cruise terminal? Call before first appearance

The best time to call is while your loved one is still at the terminal or being booked, before first appearance. The Brancato Law Firm, P.A., founded by Tampa Criminal Defense Attorney Rocky Brancato, defends cruise passengers charged in Hillsborough County, and we can be mobilized and ready for first appearance. Call (813) 727-7159. You can call us at any hour, and our office is two blocks from the courthouse. Our firm has Spanish-speaking staff, and attorney Jean-Luc Adrien speaks Spanish, Haitian Creole, and French.

The Brancato Law Firm, P.A.
620 E. Twiggs Street, Suite 205, Tampa, FL 33602
(813) 727-7159
Serving Hillsborough, Pinellas, and Pasco Counties

The Brancato Law Firm, P.A. is a Tampa-based criminal defense practice. We are not affiliated with any other Brancato-named law firms.