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.

But Only If Your Attorney Argues It Correctly

Oquendo v. State, SC2023-0807 (Fla. Oct. 9, 2025)

In Oquendo v. State, the Florida Supreme Court clarified an important question for anyone claiming self-defense—especially military veterans or trauma survivors. The ruling opens the door to PTSD evidence but also establishes clear requirements for how that evidence must be presented.

Florida’s Two-Part Self-Defense Test

The distinction matters because PTSD evidence alone won’t justify self-defense. The attorney must tie it directly to both parts of the legal test. Once the defense makes a sufficient showing, the State must disprove self-defense beyond a reasonable doubt.

Why PTSD Matters in Self-Defense Cases

PTSD can cause someone to experience heightened fear, hypervigilance, or automatic fight-or-flight responses. For veterans or others who have survived violence, these reactions are genuine and immediate.

The Court recognized that these factors can be relevant to whether the defendant actually believed their life was in danger—the subjective component of self-defense. However, the jury must also find that the belief was objectively reasonable.

That’s where a skilled trial lawyer becomes essential. It takes strategy, preparation, and experience to present PTSD evidence in a way that satisfies both components of Florida’s law.

What Skilled Defense Counsel Must Do

An attorney’s strategy must go beyond simply introducing a PTSD diagnosis. Success depends on helping jurors understand the defendant’s perception of danger—without violating the “golden rule,” which prohibits asking jurors to imagine themselves in the defendant’s position.

Through careful questioning, visual evidence, and expert testimony, a strong defense can:

1. Show why the defendant genuinely believed deadly force was necessary
2. Highlight the reasonableness of that belief under the circumstances
3. Address psychological effects of trauma without suggesting diminished capacity (which Florida law does not allow)

This approach allows jurors to feel the urgency of the moment—legally, persuasively, and within the rules of evidence.

What This Means for Veterans and Trauma Survivors

For veterans of war, first responders, and others living with PTSD, the Oquendo decision offers a meaningful step toward fairness. It recognizes that not all fear responses are the same—and that a person’s lived experience can shape how they perceive and respond to threats.

Yet the ruling also underscores the need for experienced representation. Without the right legal framing, PTSD evidence can easily be misunderstood or excluded. A seasoned defense attorney must connect the dots between the defendant’s internal belief and what the law considers reasonable.

Frequently Asked Questions

Can PTSD be used as a defense in Florida?

PTSD itself isn’t a standalone defense, but after Oquendo, it can be relevant evidence in a self-defense case. It helps explain why the defendant believed they were in danger—but must be connected to the objective reasonableness standard as well.

What’s the difference between subjective and objective self-defense?

Subjective self-defense asks what the defendant actually believed. Objective self-defense asks whether a reasonably cautious person would have responded the same way. Florida requires both: genuine belief AND reasonable response.

Does this decision help veterans facing criminal charges?

Yes—but only with proper legal strategy. The Court opened the door to PTSD evidence, but without skilled framing, that evidence can be excluded or misunderstood. Veterans need attorneys who understand both combat trauma and Florida’s evidentiary rules.

What is the “golden rule” in Florida trials?

The golden rule prohibits asking jurors to imagine themselves in the defendant’s position. This creates a challenge for PTSD cases—the attorney must help jurors understand the defendant’s perception without explicitly asking them to “put yourself in his shoes.”

For how The Brancato Law Firm, P.A. defends these cases, see our Tampa violent crimes defense practice and our criminal defense practice for cases involving mental health.

Facing Self-Defense Charges in Tampa Bay?

If you or a loved one faces charges involving self-defense—especially a shooting, homicide, or violent confrontation—it’s critical to act quickly. These cases turn on evidence, perception, and presentation.

I’m Tampa Attorney Rocky Brancato. For over 25 years, I have defended clients across Tampa Bay in cases involving self-defense, homicide, and violent crimes. I understand how to present PTSD and trauma evidence within Florida’s evidentiary framework—and how to connect that evidence to both components of the self-defense test.

When your freedom is at stake, experience matters.

Call (813) 727-7159 for a Confidential Consultation

The Brancato Law Firm, P.A.

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

Serving Hillsborough, Pinellas, and Pasco Counties