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Editor: Rod Sullivan
Profession: Maritime Attorney

Category: Safety at Sea

Last week, two children, 8 and 5, drowned in a Florida Lake. The FWC had considered filing charges against the parents because one of the children, who was under age 6, wasn't wearing a life vest. The FWC has decided not to press charges, but families need to know what the law is.

Florida Statutes 327.50 entitled "Vessel safety regulations; equipment and lighting requirements" says:

(b) No person shall operate a vessel less than 26 feet in length on the waters of this state unless every person under 6 years of age on board the vessel is wearing a type I, type II, or type III Coast Guard approved personal flotation device while such vessel is underway. For the purpose of this section, "underway" shall mean at all times except when a vessel is anchored, moored, made fast to the shore, or aground.

So that's the law in 2006:

Less than 26 foot long boat.
Children under 6 years of age.
At all times except when anchored, docked, moored, or aground.

Violation is a non-criminal infraction carrying a fine of $50.