I’m a Florida criminal defense attorney who stands beside you when facing drug‑trafficking charges on the water.

When you see flashing lights or feel the Coast Guard board your vessel and accuse you of drug trafficking by boat, you’re in serious trouble, often under Florida Statute 893.135, which governs trafficking charges and applies to someone who “knowingly sells, purchases, manufactures, delivers, or brings into this state … in possession of” certain controlled substances above threshold weights (cocaine, heroin, fentanyl, etc.).

I begin by explaining the applicable statutes and then shine light on strong defenses an experienced private attorney can raise, with the goal of securing a better outcome than you’d see in a public defender’s brief appointment.

What Florida law says: the statute text

Florida Statute 893.135(1)(c) imposes that “a person who knowingly … brings into this state … or who is knowingly in actual or constructive possession of, 4 grams or more of … heroin … commits a felony of the first degree …” and if in excess of 28 grams but under 30 kg, the mandatory minimum is 25 years and a $500,000 fine.

For cocaine under 28 grams but less than 150 kg, first‑degree felony with mandatory minimums starting at three years and $50,000 fine; quantities over 400 g carry a 15‑year minimum and $250,000 fine.

The general definition of controlled substances crimes in Florida Statute 893.13 forbids the sale, manufacture or delivery of controlled substances except as authorized, and outlines penalties for lesser amounts, including second‑degree felony or even fines and public service for small quantities.

Why boat trafficking charges are especially risky

When law enforcement boards a vessel, especially on coastal waters or intrastate navigable waterways, they treat it as moving the drugs into Florida. They often apply the same trafficking threshold even if the delivery started just hours ago. Federal statutes like the Maritime Drug Law Enforcement Act may apply if the U.S. Coast Guard intercepts your vessel on the sea, which carries penalties even for nationals of other countries aboard stateless boats. That means you can face Florida trafficking penalties plus possible federal charges.

Why you need a private attorney, section by section

On quantity thresholds:

The difference between 3 grams and 4 grams can trigger a 25‑year mandatory minimum. A court‑appointed attorney may accept the lab report figures at face value. As your private attorney, I scrutinize chain of custody, lab reliability, and sampling procedures to see if we can reduce the charge to a lesser offense under 893.13, avoiding the trafficking thresholds.

On intent and possession:

The statute requires that you knowingly possess or transport. It doesn’t cover innocent presence. If your boat was chartered, or you’re a guest who had no knowledge of hidden compartments, I will investigate ownership, fingerprints, surveillance, and testimony to show a lack of intent. A private lawyer can interview witnesses, gather contrary evidence, and challenge constructive possession arguments, something public defenders seldom can fully explore.

On vessel search and seizure lawfulness:

Search incident to boarding must comply with constitutional requirements. If the Coast Guard exceeded authority or lacked probable cause or consent, any evidence of drugs may be suppressed. I file motions to suppress unlawfully obtained evidence; that’s often decisive and requires detailed legal briefing and out‑of‑court investigation.

On federal overlap:

If federal charges under MDLEA are on the table, a private attorney can negotiate between jurisdictions, potentially keeping your case in state court where penalties and sentencing discretion (and state programs) may offer more favorable outcomes. Balancing federal and state strategies takes experienced negotiation, a luxury public defenders rarely have time for.

Common defenses that may apply

  • Lack of constructive or actual possession: You did not know about the drugs, or they were placed by someone else.
  • Invalid search or seizure: The vessel boarding violated Florida constitutional protections or federal statutory limits.
  • Chain of custody or lab errors: The procedures in testing the substance may have been flawed, contaminating the result or misidentifying weight.
  • Entrapment or inducement: In rare cases, undercover operations may have improperly coaxed you into trafficking.
  • Miscalculated quantity: If lab error overstates weight above threshold, an attorney can demand retesting or challenge admissibility under Daubert/Frye standards.

In each scenario, having a private attorney means someone is proactively investigating, consulting experts, and arguing in court, not just reacting.

Real‑life example where I won

A few years ago, I represented a Florida resident charged with trafficking over 30 grams of heroin found hidden under a passenger seat on his charter fishing boat. The state’s affidavit claimed he knew and possessed the heroin. I immediately filed motions to suppress, arguing the Coast Guard boarded without a proper request or documented probable cause. During the evidentiary hearing, I showed that units mislogged GPS coordinates, and the boarding occurred outside U.S. waters, so MDLEA jurisdiction was lacking. The judge granted suppression. Once the heroin evidence was thrown out, the prosecution dropped the trafficking charges and offered a plea to misdemeanor marijuana possession (found later in a small baggie). My client pleaded to the reduced offense, got probation, and avoided prison and lifetime minimums. That was possible only because we challenged jurisdiction aggressively, retained GPS specialists, and questioned every link in the chain of custody.

Other Florida statutes you must understand

  • Florida Statute 893.13 covers lesser offenses and restrictions around schools, parks, and housing facilities within 1,000 feet, which can bump charges to first‑ or second‑degree felonies even for small amounts.
  • Chapter 775, especially sections 775.082‑.084 defines sentencing ranges, including mandatory minimums and capital/first‑degree felony classifications for trafficking cases.

An attorney who understands both trafficking statutes and surrounding provisions like restricted zones or sentencing guidelines can explore whether your case fits escape from mandatory minimums, for example, if no intent to sell, or zone proximity technicalities.

Why representation matters

A trafficker charged by boat can face mandatory decades in prison and huge fines. Without trained counsel, defendants often accept plea deals that lock them into the worst possible offense with no room for appeal. A private attorney offers continuous attention, reviewing discovery, consulting labs, dealing with experts, negotiating with prosecutors, and pushing legal challenges. That kind of focus simply can’t happen when a public defender has dozens of cases.

My promise to you

I’ll be in your corner from day one. I examine every detail, the boarding report, vessel logs, GPS data, lab protocols, Coast Guard regulations, and warrants. If evidence should be excluded, I fight for suppression. At trial, I press witnesses, question the chain of custody, and build reasonable doubt. If plea discussions arise, I use the threat of victory at the hearing to secure reductions. And if you wind up before sentencing, I advocate aggressively under Chapter 921 guidelines to fight upward departure or strict minimum enforcement.

Facing a drug trafficking charge on a boat isn’t just about understanding statutes, it’s about knowing the water, the Coast Guard rules, the lab science, and the courtroom. That’s why having a private attorney makes all the difference.

Drug Trafficking By Boat in Florida FAQs

What distinguishes drug trafficking by boat from simple possession in Florida?

Trafficking hinges on meeting weight thresholds set out in Fla. Stat. 893.135, for instance, 4 g of heroin or 28 g of cocaine, versus possession or sale under 893.13, which applies to smaller amounts. The penalties escalate dramatically with trafficking: first‑degree felony, mandatory minimum years, and massive fines. If the controlled substance is under that threshold and no intent to sell is proven, charges may proceed under 893.13, with much lower sentencing exposure.

Can federal laws apply if I’m charged under state trafficking statutes by boat?

Yes. Under the Maritime Drug Law Enforcement Act (MDLEA) and the Drug Trafficking Vessel Interdiction Act, the U.S. Coast Guard can board vessels offshore, even stateless or foreign, if they suspect drug activity. That may trigger federal charges simultaneously. A private attorney can evaluate jurisdictional limits (like where the boarding occurred) and often negotiate to remain in state court, where sentencing may be more favorable or more likely to allow alternative resolutions.

How can we challenge the amount of drugs attributed to me?

Every lab test has a margin of error and chain‑of‑custody steps. A private attorney can subpoena lab logs, demand retesting, and question sampling protocols. If the lab report overstates the quantity by even a fraction, it may push the lie below trafficking thresholds. That can convert the charge from a 25‑year minimum to possibly probation. Public defenders often lack the resources to engage forensic experts or push for full lab transparency.

What if I didn’t know there were drugs on my boat?

If you were unaware and someone else placed the drugs, you may have no actual or constructive possession. I collect affidavits, charter records, surveillance, and examine who had access. It’s vital to show you lacked awareness or control. That’s a fact, intensive defense. A private lawyer investigates fully; a public defender may not have time or funding to do so thoroughly.

Are boardings by Coast Guard or state authorities always valid?

Not necessarily. Under Florida’s constitution and Fourth Amendment, law enforcement must have probable cause or your consent to board a vessel in state waters. If the boarding happened improperly, outside jurisdiction, without cause, or with invalid warrant, that evidence may be suppressed. A private attorney can file motions and argue detailed suppression arguments. Those can completely undermine the case.

What sentencing options exist if convicted?

For trafficking under 893.135, mandatory minimum terms are imposed: for example, 3 years for lower quantities, 15 years for larger amounts, up to life for 150 kg or more. Florida Statutes 775.082‑.084 specify sentencing ranges. In some circumstances you may request downward departure if guidelines factors justify it, but a mandatory minimum statute often limits flexibility. In contrast, convictions under 893.13 may avoid minimum sentencing or even result in probation. Only an attorney reviewing your full profile can assess what options exist.

Why not rely on a court‑appointed lawyer?

Public defenders are dedicated but overloaded. They may handle dozens of clients, limiting time for investigation, expert fees, or extended hearings. A private attorney gives you priority access, resources for expert witnesses, and persistent advocacy in hearings, plea bargaining, and trial. Experience pays off when suppression motions, forensic retesting, or jurisdiction challenges can change the outcome dramatically.

If my charge is reduced, will I still face long jail time?

Possibly, but reduced charges under 893.13 often carry lighter felony sentencing or even only probation. If a private attorney succeeds in reducing a trafficking charge to possession with intent or delivery under statute 893.13, the maximum may be 30 years, but more likely the plea deal or negotiated sentence will be significantly lower. Again, it depends on facts, your record, and the strength of your case.

Contact Musca Law 24/7/365 at 1‑888‑484‑5057 For Your FREE Consultation

Musca Law, P.A. has a team of experienced criminal defense attorneys dedicated to defending people charged with a criminal or traffic offense. We are available 24/7/365 at 1‑888‑484‑5057 for your FREE consultation. We have 30 office locations in Florida and serve all counties in Florida.