Charles R. Lipcon
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THE LAW
In the case, STATE OF FLORIDA v. MATTHEW STEPANSKY, 761 So. 2d 1027 (S. Ct. 2000) the Florida Supreme Court ruled that the state had jurisdiction over certain crimes committed on the high seas.
In Naddeau, v. COSTLEY and CARNIVAL CRUISE LINES, INC., 634 So. 2d 649 (Fla. App. 4th DCA 1994), the court held that the cruise lines was strictly liable for a sexual assault committed by a crew member against a passenger.
18 USC 7 provides for special maritime jurisdiction when an offense is committed by or against a U.S. national in a place outside the jurisdiction of any nation. This also covers foreign vessels that have a United States arrival or departure port.
Florida Statute 910.006 provides Florida law enforcement special maritime jurisdiction when an offense is committed where either: (a) the suspect on board the ship is from Florida; (b) the victim is from Florida; (c) more than half the passengers aboard the ship originally got on the ship in a Florida port; or (d) the crime could have caused a 'substantial effect' within Florida.
Take a look at some of our actual cases in this area and let us put our experience to work for you.
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