HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 1 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to operating vehicles and vessels 2
under the influence; amending s. 316.003, F.S.; 3
defining the term "actual physical control"; amending 4
ss. 316.193 and 327.35, F.S.; revising conditions 5
under which a person commits the offense of driving 6
under the influence or boating under the influence, 7
respectively; providing an affirmative defense; 8
revising criminal penalties; revising a condition that 9
must be met before a person arrested for driving under 10
the influence or boating under the influence, 11
respectively, may be released from custody; defining 12
the term "impairing substance"; authorizing law 13
enforcement witnesses to give certain testimony under 14
certain circumstances; revising conditions that 15
constitute a conviction; requiring the clerk of court 16
to notify the Department of Law Enforcement when such 17
conditions have been met; requiring the department to 18
maintain records; creating a rebuttable presumption; 19
amending s. 316.1939, F.S.; providing that the 20
disposition of an administrative proceeding relat ing 21
to a specified fine does not affect certain criminal 22
action; revising a rebuttable presumption of suspended 23
driving privileges; amending s. 316.645, F.S.; making 24
technical changes; amending ss. 322.01 and 327.02, 25
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 2 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
F.S.; defining the term "actual physica l control"; 26
amending s. 327.359, F.S.; providing that the 27
disposition of any administrative proceeding relating 28
to a specified fine or the suspension of driving 29
privileges does not affect certain criminal action; 30
providing that the disposition of certain c riminal 31
action does not affect certain administrative 32
proceedings; creating a rebuttable presumption; 33
amending s. 933.02, F.S.; adding specified grounds for 34
issuance of a search warrant; amending s. 948.15, 35
F.S.; revising probation guidelines for felonies in 36
which certain substances are contributing factors; 37
amending ss. 212.05, 316.1932, 316.1933, 316.303, 38
316.305, 316.306, 316.85, 322.18, 322.34, 322.61, 39
327.391, 327.53, 627.749, and 655.960, F.S.; 40
conforming cross-references; amending s. 921.0022, 41
F.S.; conforming provisions to changes made by the 42
act; providing an effective date. 43
44
Be It Enacted by the Legislature of the State of Florida: 45
46
Section 1. Subsections (1) through (111) of section 47
316.003, Florida Statutes, are renumbered as subsection s (2) 48
through (112), respectively, present subsection (64) is amended, 49
and a new subsection (1) is added to that section, to read: 50
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 3 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
316.003 Definitions. —The following words and phrases, when 51
used in this chapter, shall have the meanings respectively 52
ascribed to them in this section, except where the context 53
otherwise requires: 54
(1) ACTUAL PHYSICAL CONTROL. —Being physically in or on a 55
motor vehicle and having the capability to operate the vehicle, 56
regardless of whether the vehicle is actually being operate d at 57
that time. 58
(65)(64) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise 59
provided in paragraph (90)(b) (89)(b), any privately owned way 60
or place used for vehicular travel by the owner and those having 61
express or implied permission from the owner, but not b y other 62
persons. 63
Section 2. Paragraphs (c) and (d) of subsection (14) of 64
section 316.193, Florida Statutes, are redesignated as 65
paragraphs (d) and (e), respectively, a new paragraph (c) is 66
added to that subsection, subsection (1), paragraph (c) of 67
subsection (3), and paragraph (a) of subsection (9) are amended, 68
subsections (15) through (19) are added to that section, and 69
subsection (2) of that section is republished, to read: 70
316.193 Driving under the influence; penalties. — 71
(1)(a) A person commits is guilty of the offense of 72
driving under the influence and is subject to punishment as 73
provided in subsection (2) if the person is driving or in actual 74
physical control of a vehicle within this state and: 75
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 4 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1.(a) The person is under the influence of alcoho lic 76
beverages, any chemical substance set forth in s. 877.111, or 77
any substance controlled under chapter 893, or any other 78
impairing substance, or any combination thereof, when affected 79
to the extent that the person's normal faculties are impaired; 80
2.(b) At the time of driving or while in actual physical 81
control of the vehicle or at any time thereafter, the person has 82
a blood-alcohol level of 0.08 or more grams of alcohol per 100 83
milliliters of blood as a result of consuming alcohol before or 84
during driving; or 85
3.(c) At the time of driving or while in actual physical 86
control of the vehicle or at any time thereafter, the person has 87
a breath-alcohol level of 0.08 or more grams of alcohol per 210 88
liters of breath as a result of consuming alcohol before or 89
during driving; or 90
4. The person has in his or her blood any amount of a 91
chemical substance set forth in s. 877.111 or a substance 92
controlled under chapter 893, or such chemical or controlled 93
substance in any combination with alcohol as a result of 94
consuming alcohol before or during driving . 95
(b) It is an affirmative defense as to the presence of a 96
chemical or controlled substance under subparagraph (a)4. that 97
the person ingested, injected, or inhaled the substance in 98
accordance with a valid prescription issued pursuant to s. 99
893.04 by a practitioner as defined in s. 893.02, or pursuant to 100
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 5 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 381.986, and in accordance with the practitioner's 101
directions. However, the fact that a person is or was legally 102
entitled to consume alcohol or any other chemical or controlled 103
substance, medication, drug, or other impairing substance is not 104
an affirmative defense to this section. 105
(2)(a) Except as provided in paragraph (b), subsection 106
(3), or subsection (4), any person who is convicted of a 107
violation of subsection (1) shall be punished: 108
1. By a fine of: 109
a. Not less than $500 or more than $1,000 for a first 110
conviction. 111
b. Not less than $1,000 or more than $2,000 for a second 112
conviction; and 113
2. By imprisonment for: 114
a. Not more than 6 months for a first convi ction. 115
b. Not more than 9 months for a second conviction. 116
3. For a second conviction, by mandatory placement for a 117
period of at least 1 year, at the convicted person's sole 118
expense, of an ignition interlock device approved by the 119
department in accordan ce with s. 316.1938 upon all vehicles that 120
are individually or jointly leased or owned and routinely 121
operated by the convicted person, when the convicted person 122
qualifies for a permanent or restricted license. 123
124
The portion of a fine imposed in excess of $5 00 pursuant to sub-125
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 6 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
subparagraph 1.a. and the portion of a fine imposed in excess of 126
$1,000 pursuant to sub -subparagraph 1.b., shall be remitted by 127
the clerk to the Department of Revenue for deposit into the 128
General Revenue Fund. 129
(b)1. Any person who is c onvicted of a third violation of 130
this section for an offense that occurs within 10 years after a 131
prior conviction for a violation of this section commits a 132
felony of the third degree, punishable as provided in s. 133
775.082, s. 775.083, or s. 775.084. In addi tion, the court shall 134
order the mandatory placement for a period of not less than 2 135
years, at the convicted person's sole expense, of an ignition 136
interlock device approved by the department in accordance with 137
s. 316.1938 upon all vehicles that are individu ally or jointly 138
leased or owned and routinely operated by the convicted person, 139
when the convicted person qualifies for a permanent or 140
restricted license. 141
2. Any person who is convicted of a third violation of 142
this section for an offense that occurs more than 10 years after 143
the date of a prior conviction for a violation of this section 144
shall be punished by a fine of not less than $2,000 or more than 145
$5,000 and by imprisonment for not more than 12 months. The 146
portion of a fine imposed in excess of $2,500 p ursuant to this 147
subparagraph shall be remitted by the clerk to the Department of 148
Revenue for deposit into the General Revenue Fund. In addition, 149
the court shall order the mandatory placement for a period of at 150
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 7 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
least 2 years, at the convicted person's sole expense, of an 151
ignition interlock device approved by the department in 152
accordance with s. 316.1938 upon all vehicles that are 153
individually or jointly leased or owned and routinely operated 154
by the convicted person, when the convicted person qualifies for 155
a permanent or restricted license. 156
3. Any person who is convicted of a fourth or subsequent 157
violation of this section, regardless of when any prior 158
conviction for a violation of this section occurred, commits a 159
felony of the third degree, punishable as pro vided in s. 160
775.082, s. 775.083, or s. 775.084. However, the fine imposed 161
for such fourth or subsequent violation may be not less than 162
$2,000. The portion of a fine imposed in excess of $1,000 163
pursuant to this subparagraph shall be remitted by the clerk to 164
the Department of Revenue for deposit into the General Revenue 165
Fund. 166
(c) In addition to the penalties in paragraph (a), the 167
court may order placement, at the convicted person's sole 168
expense, of an ignition interlock device approved by the 169
department in accordance with s. 316.1938 for at least 6 170
continuous months upon all vehicles that are individually or 171
jointly leased or owned and routinely operated by the convicted 172
person if, at the time of the offense, the person had a blood -173
alcohol level or breath -alcohol level of .08 or higher. 174
(3) Any person: 175
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 8 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(c) Who, by reason of such operation, causes or 176
contributes to causing: 177
1. Damage to the property or person of another commits a 178
misdemeanor of the first degree, punishable as provided in s. 179
775.082 or s. 775.083. 180
2. Serious bodily injury to another, as defined in s. 181
316.1933, commits a felony of the second third degree, 182
punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 183
3. The death of any human being or unborn child commits 184
DUI manslaughter, and commits: 185
a. A felony of the first second degree, punishable as 186
provided in s. 775.082, s. 775.083, or s. 775.084. 187
b. A felony of the first degree, punishable as provided in 188
s. 775.082, s. 775.083, or s. 775.084, if: 189
(I) At the time of the crash, the person knew, or should 190
have known, that the crash occurred; and 191
(II) The person failed to give information and render aid 192
as required by s. 316.062. 193
194
For purposes of this subsection, the term "unborn child" has the 195
same meaning as provided in s. 775.021(5). A person who is 196
convicted of DUI manslaughter shall be sentenced to a mandatory 197
minimum term of imprisonment of 4 years. 198
(9) A person who is arrested for a violation of this 199
section may not be released from custody: 200
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 9 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(a) Until the person is no longer under the influence of 201
alcoholic beverages, any chemical substance set forth in s. 202
877.111, or any substance controlled under chapter 893 , or any 203
other impairing substance, or any combination thereof, and 204
affected to the extent that his or her normal faculties are 205
impaired; 206
(14) As used in this chapter, the term: 207
(c) "Impairing substance" means any substance that, when 208
taken into the human body, can impair, or diminish in some 209
material respect, a person's normal faculties. Such normal 210
faculties include, but are not limited to, the ability to see, 211
hear, walk, talk, gauge distances, drive a motor vehicle, make 212
judgments, act in emergencies, and, in general, perform the many 213
mental and physical acts of daily life. 214
(15) Notwithstanding any other law and for the purposes of 215
prosecutions under this section, the law enforcement officer who 216
administers a horizontal nystagmus gaze test may give testimony 217
as a witness on the issue of a person's impairment, based on the 218
results of the horizontal ga ze nystagmus test, if the officer 219
has successfully completed training on the horizontal gaze 220
nystagmus test and if the test is given in accordance with the 221
individual's training. 222
(16) Notwithstanding any other law, a law enforcement 223
witness in a criminal prosecution under this section may give 224
testimony on the issue of impairment relating to whether a 225
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 10 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
person was under the influence of one or more impairing 226
substances, and the category or categories of the impairing 227
substance or substances, if the witness held current credentials 228
as a drug recognition expert, issued by the International 229
Association of Chiefs of Police, at the time of arrest. 230
(17) For the purpose of determining whether a conviction 231
is a first, second, or third or subsequent conviction for the 232
purposes of sentencing under this section, the term "conviction" 233
includes being convicted of a violation of this section, or the 234
completion of any diversion or other program that results in the 235
dismissal or change of charge for a violation of this sect ion. 236
The term also includes being convicted of a violation of any law 237
or ordinance of another state or jurisdiction which this section 238
prohibits, or the completion of any diversion or other program 239
that results in the dismissal or change of charge for a 240
violation of such law or ordinance of another state or 241
jurisdiction which this section prohibits. 242
(18) The clerk of court shall notify the Department of Law 243
Enforcement of the dismissal or change of charge for a violation 244
of this section based on the compl etion of any diversion or 245
other program. The Department of Law Enforcement shall maintain 246
a record of a person's completion of any diversion or other 247
program that results in a dismissal or change of charge for a 248
violation of this section. 249
(19) There is a rebuttable presumption that a diversion or 250
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 11 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
other program was completed which results in the dismissal or 251
change of charge for a violation of this section as provided in 252
subsection (17) if notation or designation of such appears in 253
the Department of Law En forcement's records. 254
Section 3. Subsection (1), paragraph (c) of subsection 255
(3), and paragraph (a) of subsection (8) of section 327.35, 256
Florida Statutes, are amended, subsections (11) through (16) are 257
added to that section, and subsection (2) of that s ection is 258
republished, to read: 259
327.35 Boating under the influence; penalties; "designated 260
drivers."— 261
(1)(a) A person commits is guilty of the offense of 262
boating under the influence and is subject to punishment as 263
provided in subsection (2) if the pers on is operating or in 264
actual physical control of a vessel within this state and: 265
1.(a) The person is under the influence of alcoholic 266
beverages, any chemical substance set forth in s. 877.111, or 267
any substance controlled under chapter 893, or any other 268
impairing substance, or any combination thereof, when affected 269
to the extent that the person's normal faculties are impaired; 270
2.(b) At the time of operating or while in actual physical 271
control of the vessel or at any time thereafter, the person has 272
a blood-alcohol level of 0.08 or more grams of alcohol per 100 273
milliliters of blood as a result of consuming alcohol before or 274
during operating; or 275
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 12 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3.(c) At the time of operating or while in actual physical 276
control of the vessel or at any time thereafter, the person has 277
a breath-alcohol level of 0.08 or more grams of alcohol per 210 278
liters of breath as a result of consuming alcohol before or 279
during operating; or 280
4. The person has in his or her blood any amount of a 281
chemical substance set forth in s. 877.111 or a substance 282
controlled under chapter 893, or such chemical or controlled 283
substance in any combination with alcohol as a result of 284
consuming alcohol before or during operating . 285
(b) It is an affirmative defense as to the presence of a 286
chemical or controlled substance under subparagraph (a)4. that 287
the person ingested, injected, or inhaled the substance in 288
accordance with a valid prescription issued pursuant to s. 289
893.04 by a practitioner as defined in s. 893.02, or pursuant to 290
s. 381.986, and in accordanc e with the practitioner's 291
directions. However, the fact that a person is or was legally 292
entitled to consume alcohol or any other chemical or controlled 293
substance, medication, drug, or other impairing substance is not 294
an affirmative defense to this section. 295
(2)(a) Except as provided in paragraph (b), subsection 296
(3), or subsection (4), any person who is convicted of a 297
violation of subsection (1) shall be punished: 298
1. By a fine of: 299
a. Not less than $500 or more than $1,000 for a first 300
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 13 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
conviction. 301
b. Not less than $1,000 or more than $2,000 for a second 302
conviction; and 303
2. By imprisonment for: 304
a. Not more than 6 months for a first conviction. 305
b. Not more than 9 months for a second conviction. 306
307
The portion of a fine imposed in excess of $500 pursuant to sub-308
subparagraph 1.a. and the portion of a fine imposed in excess of 309
$1,000 pursuant to sub -subparagraph 1.b., shall be remitted by 310
the clerk to the Department of Revenue for deposit into the 311
General Revenue Fund. 312
(b)1. Any person who is convicted of a third violation of 313
this section for an offense that occurs within 10 years after a 314
prior conviction for a violation of this section commits a 315
felony of the third degree, punishable as provided in s. 316
775.082, s. 775.083, or s. 775.084. 317
2. Any person who is convicted of a third violation of 318
this section for an offense that occurs more than 10 years after 319
the date of a prior conviction for a violation of this section 320
shall be punished by a fine of not less than $2,000 or more than 321
$5,000 and by imprisonme nt for not more than 12 months. The 322
portion of a fine imposed in excess of $2,500 pursuant to this 323
subparagraph shall be remitted by the clerk to the Department of 324
Revenue for deposit into the General Revenue Fund. 325
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 14 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
3. Any person who is convicted of a fou rth or subsequent 326
violation of this section, regardless of when any prior 327
conviction for a violation of this section occurred, commits a 328
felony of the third degree, punishable as provided in s. 329
775.082, s. 775.083, or s. 775.084. 330
331
However, the fine imposed for such fourth or subsequent 332
violation may not be less than $2,000. The portion of such fine 333
imposed in excess of $1,000 shall be remitted by the clerk to 334
the Department of Revenue for deposit into the General Revenue 335
Fund. 336
(3) Any person: 337
(c) Who, by reason of such operation, causes or 338
contributes to causing: 339
1. Damage to the property or person of another commits a 340
misdemeanor of the first degree, punishable as provided in s. 341
775.082 or s. 775.083. 342
2. Serious bodily injury to another, as defined in s. 343
327.353, commits a felony of the second third degree, punishable 344
as provided in s. 775.082, s. 775.083, or s. 775.084. 345
3. The death of any human being commits BUI manslaughter, 346
and commits: 347
a. a felony of the first second degree, punishable as 348
provided in s. 775.082, s. 775.083, or s. 775.084. 349
b. A felony of the first degree, punishable as provided in 350
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 15 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
s. 775.082, s. 775.083, or s. 775.084, if: 351
(I) At the time of the accident, the person knew, or 352
should have known, that the accident occurred; and 353
(II) The person failed to give information and render aid 354
as required by s. 327.30. 355
356
This sub-subparagraph does not require that the person knew that 357
the accident resulted in injury or death. 358
(8) A person who is arrested for a violation of this 359
section may not be released from custody: 360
(a) Until the person is no longer under the influence of 361
alcoholic beverages, any chemical substance set forth in s. 362
877.111, or any substance controlled under chapter 893, or any 363
other impairing substance, or any combination thereof, and 364
affected to the extent that his or her normal faculties are 365
impaired; 366
(11) As used in this section, the term "impairing 367
substance" means any substance that, when taken into the human 368
body, can impair, or diminish in some material respect, a 369
person's normal faculties. Such normal faculties include, but 370
are not limited to, the ability to see, hear, walk, talk, gauge 371
distances, drive a motor vehicle, make judgments, act in 372
emergencies, and, in general, perform the many mental and 373
physical acts of daily life. 374
(12) Notwithstanding any other law and for the purpose of 375
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 16 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
prosecutions under this section, the law enforcement officer who 376
administers a horizontal nystagmus gaze test may give test imony 377
as a witness on the issue of a person's impairment based on the 378
results of such test if the officer has successfully completed 379
training on such test and if such test is given in accordance 380
with his or her training. 381
(13) Notwithstanding any other la w, a law enforcement 382
witness in a criminal prosecution under this section may give 383
expert testimony on the issue of impairment relating to whether 384
a person was under the influence of one or more impairing 385
substances, and the category or categories of the i mpairing 386
substance or substances, if the witness held current credentials 387
as a drug recognition expert, issued by the International 388
Association of Chiefs of Police, at the time of arrest. 389
(14) For the purpose of determining whether a conviction 390
is a first, second, or third or subsequent conviction for the 391
purposes of sentencing under this section, the term "conviction" 392
includes being convicted of a violation of this section, or the 393
completion of any diversion or other program that results in the 394
dismissal or change of charge for a violation of this section. 395
The term also includes being convicted of a violation of any law 396
or ordinance of another state or jurisdiction which this section 397
prohibits, or the completion of any diversion or other program 398
that results in the dismissal or change of charge for a 399
violation of such law or ordinance of another state or 400
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 17 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
jurisdiction which this section prohibits. 401
(15) The clerk of court shall notify the Department of Law 402
Enforcement of the dismissal or change of charge f or a violation 403
of this section based on the completion of any diversion or 404
other program. The Department of Law Enforcement shall maintain 405
a record of a person's completion of any diversion or other 406
program that results in a dismissal or change of charge f or a 407
violation of this section. 408
(16) There is a rebuttable presumption that a diversion or 409
other program was completed that results in the dismissal or 410
change of charge for a violation of this section as provided in 411
subsection (14) if notation or designa tion of such appears in 412
the Department of Law Enforcement's records. 413
Section 4. Subsections (2) and (3) of section 316.1939, 414
Florida Statutes, are amended to read: 415
316.1939 Refusal to submit to testing; penalties. — 416
(2) The disposition of any admini strative proceeding that 417
relates to the suspension of a person's driving privilege or a 418
fine under s. 327.35215 does not affect a criminal action under 419
this section. 420
(3) The disposition of a criminal action under this 421
section does not affect any administ rative proceeding that 422
relates to the suspension of a person's driving privilege. The 423
department's records showing that a person's license or driving 424
privilege has been previously suspended , or the person has 425
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 18 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
previously been fined under s. 327.35215, for a prior refusal to 426
submit to a lawful test of his or her breath, urine, or blood 427
shall be admissible and shall create a rebuttable presumption of 428
such suspension or fine. 429
Section 5. Section 316.645, Florida Statutes, is amended 430
to read: 431
316.645 Arrest authority of officer at scene of a traffic 432
crash.—A police officer who makes any an investigation at the 433
scene of a traffic crash may arrest any driver of a vehicle 434
involved in the crash when, based upon any personal 435
investigation, the officer has reasona ble and probable grounds 436
to believe that the person has committed any offense under the 437
provisions of this chapter, chapter 320, or chapter 322 in 438
connection with the crash. 439
Section 6. Subsections (1) through (48) of section 322.01, 440
Florida Statutes, are renumbered as subsections (2) through 441
(49), respectively, and a new subsection (1) is added to that 442
section to read: 443
322.01 Definitions. —As used in this chapter: 444
(1) "Actual physical control" means being physically in or 445
on a motor vehicle and havin g the capability to operate the 446
vehicle, regardless of whether the vehicle is actually being 447
operated at that time. 448
Section 7. Subsections (1) through (48) of section 327.02, 449
Florida Statutes, are renumbered as subsections (2) through 450
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 19 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(49), respectively, and a new subsection (1) is added to that 451
section to read: 452
327.02 Definitions. —As used in this chapter and in chapter 453
328, unless the context clearly requires a different meaning, 454
the term: 455
(1) "Actual physical control" means being physically in or 456
on a vessel and having the capability to operate the vessel, 457
regardless of whether the vessel is actually being operated at 458
that time. 459
Section 8. Section 327.359, Florida Statutes, is amended 460
to read: 461
327.359 Refusal to submit to testing; penalties. — 462
(1) A person who has refused to submit to a chemical or 463
physical test of his or her breath or urine, as described in s. 464
327.352, and who has been previously fined under s. 327.35215 or 465
has previously had his or her driver license suspended for 466
refusal to submit to a lawful test of his or her breath, urine, 467
or blood, and: 468
(a)(1) Who the arresting law enforcement officer had 469
probable cause to believe was operating or in actual physical 470
control of a vessel in this state while under the influence of 471
alcoholic beverages, chemical substances, or controlled 472
substances; 473
(b)(2) Who was placed under lawful arrest for a violation 474
of s. 327.35 unless such test was requested pursuant to s. 475
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 20 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
327.352(1)(c); 476
(c)(3) Who was informed that if he or she refused to 477
submit to such test, he or she is subject to a fine of $500; 478
(d)(4) Who was informed that a refusal to submit to a 479
lawful test of his or her breath or urine, if he or she has been 480
previously fined under s. 327.35215 or has previously had his or 481
her driver license suspended for refusal to submit to a lawful 482
test of his or her breath, u rine, or blood, is a misdemeanor of 483
the first degree, punishable as provided in s. 775.082 or s. 484
775.083; and 485
(e)(5) Who, after having been so informed, refused to 486
submit to any such test when requested to do so by a law 487
enforcement officer or correction al officer 488
489
commits a misdemeanor of the first degree, punishable as 490
provided in s. 775.082 or s. 775.083. 491
(2) The disposition of any administrative proceeding that 492
relates to a fine under s. 327.35215 or to the suspension of a 493
person's driving privilege does not affect a criminal action 494
under this section. 495
(3) The disposition of a criminal action under this 496
section does not affect any administrative proceeding that 497
relates to the suspension of a person's driving privilege. The 498
Department of Highway Saf ety and Motor Vehicles records showing 499
that a person has previously been fined under s. 327.35215, or 500
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 21 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
that a person's license or driving privilege has been previously 501
suspended, for a prior refusal to submit to a lawful test of his 502
or her breath, urine, or blood is admissible and creates a 503
rebuttable presumption of such suspension. 504
Section 9. Section 933.02, Florida Statutes, is amended to 505
read: 506
933.02 Grounds for issuance of search warrant. —Upon proper 507
affidavits being made, a search warrant may be i ssued under the 508
provisions of this chapter upon any of the following grounds: 509
(1) When the property has shall have been stolen or 510
embezzled in violation of law; 511
(2) When any property has shall have been used: 512
(a) As a means to commit a any crime; 513
(b) In connection with gambling or, gambling implements 514
and appliances; or 515
(c) In violation of s. 847.011 or other laws relating in 516
reference to obscene prints and literature; 517
(3) When any property constitutes evidence relevant to 518
proving that a felony has been committed; 519
(4) When any property is being held or possessed: 520
(a) In violation of any of the laws prohibiting the 521
manufacture, sale, and transportation of intoxicating liquors; 522
(b) In violation of the fish and game laws; 523
(c) In violation of the laws relating relative to food and 524
drug; or 525
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 22 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(d) In violation of the laws relating relative to citrus 526
disease pursuant to s. 581.184; or 527
(5) When the laws relating in relation to cruelty to 528
animals, as provided in chapter 828, have been or are violated 529
in any particular building or place ; or 530
(6) When a sample of the blood of a person constitutes 531
evidence relevant to proving that a violation of s. 316.193 or 532
s. 327.35 has been committed . 533
534
This section also applies to any papers or documents used as a 535
means of or in aid of the commission of any offense against the 536
laws of the state. 537
Section 10. Subsection (1) of section 948.15, Florida 538
Statutes, is amended to read: 539
948.15 Misdemeanor probation services. — 540
(1) A defendant found guilty of a misdemeanor who is 541
placed on probation shall be under supervision not to exceed 6 542
months unless otherwise specified by the court. Probation 543
supervision services for a defendant found guilty of a 544
misdemeanor for possession of a controlled substance or drug 545
paraphernalia under chapter 893 may be provided by a licensed 546
substance abuse education and intervention program, which may 547
provide substance abuse education and intervention as well as 548
any other terms and conditions of probation. In relation to any 549
offense other than a felony in which the use of alcohol , any 550
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 23 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
chemical substance set forth in s. 877.111, any substance 551
controlled under chapter 893, or any impairing substance as 552
defined in s. 316.193(14)(c) or s. 327.35(11) is a contributing 553
significant factor, the period of probation may be up to 1 year. 554
Section 11. Paragraph (c) of subsection (1) of section 555
212.05, Florida Statutes, is amended to read: 556
212.05 Sales, storage, use tax. —It is hereby declared to 557
be the legislative intent that every person is exercising a 558
taxable privilege who engages in the business of selling 559
tangible personal property at retail in this state, including 560
the business of making or facilitating remote sales; who rents 561
or furnishes any of the things or services taxable under thi s 562
chapter; or who stores for use or consumption in this state any 563
item or article of tangible personal property as defined herein 564
and who leases or rents such property within the state. 565
(1) For the exercise of such privilege, a tax is levied on 566
each taxable transaction or incident, which tax is due and 567
payable as follows: 568
(c) At the rate of 6 percent of the gross proceeds derived 569
from the lease or rental of tangible personal property, as 570
defined herein; however, the following special provisions apply 571
to the lease or rental of motor vehicles and to peer -to-peer 572
car-sharing programs: 573
1. When a motor vehicle is leased or rented by a motor 574
vehicle rental company or through a peer -to-peer car-sharing 575
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 24 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
program as those terms are defined in s. 212.0606(1) for a 576
period of less than 12 months: 577
a. If the motor vehicle is rented in Florida, the entire 578
amount of such rental is taxable, even if the vehicle is dropped 579
off in another state. 580
b. If the motor vehicle is rented in another state and 581
dropped off in Flori da, the rental is exempt from Florida tax. 582
c. If the motor vehicle is rented through a peer -to-peer 583
car-sharing program, the peer -to-peer car-sharing program shall 584
collect and remit the applicable tax due in connection with the 585
rental. 586
2. Except as provided in subparagraph 3., for the lease or 587
rental of a motor vehicle for a period of not less than 12 588
months, sales tax is due on the lease or rental payments if the 589
vehicle is registered in this state; provided, however, that no 590
tax shall be due if the ta xpayer documents use of the motor 591
vehicle outside this state and tax is being paid on the lease or 592
rental payments in another state. 593
3. The tax imposed by this chapter does not apply to the 594
lease or rental of a commercial motor vehicle as defined in s. 595
316.003(15)(a) s. 316.003(14)(a) to one lessee or rentee for a 596
period of not less than 12 months when tax was paid on the 597
purchase price of such vehicle by the lessor. To the extent tax 598
was paid with respect to the purchase of such vehicle in another 599
state, territory of the United States, or the District of 600
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 25 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Columbia, the Florida tax payable shall be reduced in accordance 601
with s. 212.06(7). This subparagraph shall only be available 602
when the lease or rental of such property is an established 603
business or part of an established business or the same is 604
incidental or germane to such business. 605
Section 12. Paragraph (f) of subsection (1) of section 606
316.1932, Florida Statutes, is amended to read: 607
316.1932 Tests for alcohol, chemical substances, or 608
controlled substances; implied consent; refusal. — 609
(1) 610
(f)1. The tests determining the weight of alcohol in the 611
defendant's blood or breath shall be administered at the request 612
of a law enforcement officer substantially in accordance with 613
rules of the Department of La w Enforcement. Such rules must 614
specify precisely the test or tests that are approved by the 615
Department of Law Enforcement for reliability of result and ease 616
of administration, and must provide an approved method of 617
administration which must be followed in all such tests given 618
under this section. However, the failure of a law enforcement 619
officer to request the withdrawal of blood does not affect the 620
admissibility of a test of blood withdrawn for medical purposes. 621
2.a. Only a physician, certified paramedic, registered 622
nurse, licensed practical nurse, other personnel authorized by a 623
hospital to draw blood, or duly licensed clinical laboratory 624
director, supervisor, technologist, or technician, acting at the 625
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 26 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
request of a law enforcement officer, may withdraw bl ood for the 626
purpose of determining its alcoholic content or the presence of 627
chemical substances or controlled substances therein. However, 628
the failure of a law enforcement officer to request the 629
withdrawal of blood does not affect the admissibility of a te st 630
of blood withdrawn for medical purposes. 631
b. Notwithstanding any provision of law pertaining to the 632
confidentiality of hospital records or other medical records, if 633
a health care provider, who is providing medical care in a 634
health care facility to a pe rson injured in a motor vehicle 635
crash, becomes aware, as a result of any blood test performed in 636
the course of that medical treatment, that the person's blood -637
alcohol level meets or exceeds the blood -alcohol level specified 638
in s. 316.193(1)(a)2. s. 316.193(1)(b), the health care provider 639
may notify any law enforcement officer or law enforcement 640
agency. Any such notice must be given within a reasonable time 641
after the health care provider receives the test result. Any 642
such notice shall be used only for the pu rpose of providing the 643
law enforcement officer with reasonable cause to request the 644
withdrawal of a blood sample pursuant to this section. 645
c. The notice must shall consist only of the name of the 646
person being treated, the name of the person who drew the blood, 647
the blood-alcohol level indicated by the test, and the date and 648
time of the administration of the test. 649
d. Nothing contained in s. 395.3025(4), s. 456.057, or any 650
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 27 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
applicable practice act affects the authority to provide notice 651
under this section, and the health care provider is not 652
considered to have breached any duty owed to the person under s. 653
395.3025(4), s. 456.057, or any applicable practice act by 654
providing notice or failing to provide notice. It is shall not 655
be a breach of any ethical, moral, or legal duty for a health 656
care provider to provide notice or fail to provide notice. 657
e. A civil, criminal, or administrative action may not be 658
brought against any person or health care provider participating 659
in good faith in the provision of notice or failure to provide 660
notice as provided in this section. Any person or health care 661
provider participating in the provision of notice or failure to 662
provide notice as provided in this section shall be immune from 663
any civil or criminal liability and from any professional 664
disciplinary action with respect to the provision of notice or 665
failure to provide notice under this section. Any such 666
participant has the same immunity with respect to participating 667
in any judicial proceedings res ulting from the notice or failure 668
to provide notice. 669
3. The person tested may, at his or her own expense, have 670
a physician, registered nurse, other personnel authorized by a 671
hospital to draw blood, or duly licensed clinical laboratory 672
director, supervisor, technologist, or technician, or other 673
person of his or her own choosing administer an independent test 674
in addition to the test administered at the direction of the law 675
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 28 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
enforcement officer for the purpose of determining the amount of 676
alcohol in the perso n's blood or breath or the presence of 677
chemical substances or controlled substances at the time 678
alleged, as shown by chemical analysis of his or her blood or 679
urine, or by chemical or physical test of his or her breath. The 680
failure or inability to obtain an independent test by a person 681
does not preclude the admissibility in evidence of the test 682
taken at the direction of the law enforcement officer. The law 683
enforcement officer shall not interfere with the person's 684
opportunity to obtain the independent test an d shall provide the 685
person with timely telephone access to secure the test, but the 686
burden is on the person to arrange and secure the test at the 687
person's own expense. 688
4. Upon the request of the person tested, full information 689
concerning the results of t he test taken at the direction of the 690
law enforcement officer shall be made available to the person or 691
his or her attorney. Full information is limited to the 692
following: 693
a. The type of test administered and the procedures 694
followed. 695
b. The time of the c ollection of the blood or breath 696
sample analyzed. 697
c. The numerical results of the test indicating the 698
alcohol content of the blood and breath. 699
d. The type and status of any permit issued by the 700
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 29 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Department of Law Enforcement which was held by the person who 701
performed the test. 702
e. If the test was administered by means of a breath 703
testing instrument, the date of performance of the most recent 704
required inspection of such instrument. 705
706
Full information does not include manuals, schematics, or 707
software of the instrument used to test the person or any other 708
material that is not in the actual possession of the state. 709
Additionally, full information does not include information in 710
the possession of the manufacturer of the test instrument. 711
5. A hospital, clini cal laboratory, medical clinic, or 712
similar medical institution or physician, certified paramedic, 713
registered nurse, licensed practical nurse, other personnel 714
authorized by a hospital to draw blood, or duly licensed 715
clinical laboratory director, supervisor, technologist, or 716
technician, or other person assisting a law enforcement officer 717
does not incur any civil or criminal liability as a result of 718
the withdrawal or analysis of a blood or urine specimen, or the 719
chemical or physical test of a person's breath p ursuant to 720
accepted medical standards when requested by a law enforcement 721
officer, regardless of whether or not the subject resisted 722
administration of the test. 723
Section 13. Paragraph (a) of subsection (2) of section 724
316.1933, Florida Statutes, is amend ed to read: 725
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 30 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
316.1933 Blood test for impairment or intoxication in 726
cases of death or serious bodily injury; right to use reasonable 727
force.— 728
(2)(a) Only a physician, certified paramedic, registered 729
nurse, licensed practical nurse, other personnel authori zed by a 730
hospital to draw blood, or duly licensed clinical laboratory 731
director, supervisor, technologist, or technician, acting at the 732
request of a law enforcement officer, may withdraw blood for the 733
purpose of determining the alcoholic content thereof or the 734
presence of chemical substances or controlled substances 735
therein. However, the failure of a law enforcement officer to 736
request the withdrawal of blood does shall not affect the 737
admissibility of a test of blood withdrawn for medical purposes. 738
1. Notwithstanding any provision of law pertaining to the 739
confidentiality of hospital records or other medical records, if 740
a health care provider, who is providing medical care in a 741
health care facility to a person injured in a motor vehicle 742
crash, becomes aware, as a result of any blood test performed in 743
the course of that medical treatment, that the person's blood -744
alcohol level meets or exceeds the blood -alcohol level specified 745
in s. 316.193(1)(a)2. s. 316.193(1)(b), the health care provider 746
may notify any law en forcement officer or law enforcement 747
agency. Any such notice must be given within a reasonable time 748
after the health care provider receives the test result. Any 749
such notice shall be used only for the purpose of providing the 750
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 31 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
law enforcement officer with re asonable cause to request the 751
withdrawal of a blood sample pursuant to this section. 752
2. The notice must shall consist only of the name of the 753
person being treated, the name of the person who drew the blood, 754
the blood-alcohol level indicated by the test, and the date and 755
time of the administration of the test. 756
3. Nothing contained in s. 395.3025(4), s. 456.057, or any 757
applicable practice act affects the authority to provide notice 758
under this section, and the health care provider is not 759
considered to have breached any duty owed to the person under s. 760
395.3025(4), s. 456.057, or any applicable practice act by 761
providing notice or failing to provide notice. It is shall not 762
be a breach of any ethical, moral, or legal duty for a health 763
care provider to provide notice or fail to provide notice. 764
4. A civil, criminal, or administrative action may not be 765
brought against any person or health care provider participating 766
in good faith in the provision of notice or failure to provide 767
notice as provided in this section . Any person or health care 768
provider participating in the provision of notice or failure to 769
provide notice as provided in this section shall be immune from 770
any civil or criminal liability and from any professional 771
disciplinary action with respect to the pr ovision of notice or 772
failure to provide notice under this section. Any such 773
participant has the same immunity with respect to participating 774
in any judicial proceedings resulting from the notice or failure 775
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 32 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
to provide notice. 776
Section 14. Subsection (3) o f section 316.303, Florida 777
Statutes, is amended to read: 778
316.303 Television receivers. — 779
(3) This section does not prohibit the use of an 780
electronic display used in conjunction with a vehicle navigation 781
system; an electronic display used by an operator of an 782
autonomous vehicle, as defined in s. 316.003(4) s. 316.003(3); 783
or an electronic display used by an operator of a vehicle 784
equipped and operating with driver -assistive truck platooning 785
technology, as defined in s. 316.003. 786
Section 15. Paragraph (b) of subsection (3) of section 787
316.305, Florida Statutes, is amended to read: 788
316.305 Wireless communications devices; prohibition. — 789
(3) 790
(b) Paragraph (a) does not apply to a motor vehicle 791
operator who is: 792
1. Performing official duties as an operator of an 793
authorized emergency vehicle as defined in s. 322.01, a law 794
enforcement or fire service professional, or an emergency 795
medical services professional. 796
2. Reporting an emergency or criminal or suspicious 797
activity to law enforcement authorities. 798
3. Receiving messages that are: 799
a. Related to the operation or navigation of the motor 800
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 33 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
vehicle; 801
b. Safety-related information, including emergency, 802
traffic, or weather alerts; 803
c. Data used primarily by the motor vehicle; or 804
d. Radio broadcasts. 805
4. Using a device or system for navigation purposes. 806
5. Conducting wireless interpersonal communication that 807
does not require manual entry of multiple letters, numbers, or 808
symbols, except to activate, deactivate, or initiate a feature 809
or function. 810
6. Conducting wireless interpersonal communication that 811
does not require reading text messages, except to activate, 812
deactivate, or initiate a feature or function. 813
7. Operating an autonomous vehicle, as defined in s. 814
316.003(4) s. 316.003(3), with the automated d riving system 815
engaged. 816
Section 16. Paragraph (a) of subsection (3) of section 817
316.306, Florida Statutes, is amended to read: 818
316.306 School and work zones; prohibition on the use of a 819
wireless communications device in a handheld manner. — 820
(3)(a)1. A person may not operate a motor vehicle while 821
using a wireless communications device in a handheld manner in a 822
designated school crossing, school zone, or work zone area as 823
defined in s. 316.003(112) s. 316.003(111). This subparagraph 824
shall only be applicable to work zone areas if construction 825
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 34 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
personnel are present or are operating equipment on the road or 826
immediately adjacent to the work zone area. For the purposes of 827
this paragraph, a motor vehicle that is stationary is not being 828
operated and is not subject to the prohibition in this 829
paragraph. 830
2. Effective January 1, 2020, a law enforcement officer 831
may stop motor vehicles and issue citations to persons who are 832
driving while using a wireless communications device in a 833
handheld manner in violat ion of subparagraph 1. 834
Section 17. Subsections (1) and (5) of section 316.85, 835
Florida Statutes, are amended to read: 836
316.85 Autonomous vehicles; operation; compliance with 837
traffic and motor vehicle laws; testing. — 838
(1) Notwithstanding any other law, a licensed human 839
operator is not required to operate a fully autonomous vehicle 840
as defined in s. 316.003(4) s. 316.003(3). 841
(5) Notwithstanding any other provision of this chapter, 842
an autonomous vehicle or a fully autonomous vehicle equipped 843
with a teleoperation system may operate without a human operator 844
physically present in the vehicle when the teleoperation system 845
is engaged. A vehicle that is subject to this subsection must 846
meet the requirements of s. 319.145 and is considered a vehicle 847
that meets the definition provided in s. 316.003(4)(c) s. 848
316.003(3)(c) for the purposes of ss. 316.062(5), 316.063(4), 849
316.065(5), 316.1975(3), and 316.303(1). 850
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 35 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
Section 18. Paragraphs (e) and (f) of subsection (2) of 851
section 322.18, Florida Statutes, are amended to read: 852
322.18 Original applications, licenses, and renewals; 853
expiration of licenses; delinquent licenses. — 854
(2) Each applicant who is entitled to the issuance of a 855
driver license, as provided in this section, shall be issued a 856
driver license, as follows : 857
(e) Notwithstanding any other provision of this chapter, 858
an applicant applying for an original or renewal issuance of a 859
commercial driver license as defined in s. 322.01(8) s. 860
322.01(7), with a hazardous-materials endorsement, pursuant to 861
s. 322.57(1)(e), shall be issued a driver license that expires 862
at midnight on the licensee's birthday that next occurs 4 years 863
after the month of expiration of the license being issued or 864
renewed. 865
(f) Notwithstanding any other provision of this chapter, 866
an applicant applying for an original issuance of a commercial 867
driver license as defined in s. 322.01(8) s. 322.01(7) shall be 868
issued a driver license that expires at midnight 8 years after 869
the licensee's last birthday prior to issuance of the license. 870
Section 19. Subsection (2) of section 322.34, Florida 871
Statutes, is amended to read: 872
322.34 Driving while license suspended, revoked, canceled, 873
or disqualified.— 874
(2) Any person whose driver license or driving privilege 875
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 36 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
has been canceled, suspended, or revoked as pr ovided by law, or 876
who does not have a driver license or driving privilege but is 877
under suspension or revocation equivalent status as defined in 878
s. 322.01(43) s. 322.01(42), except persons defined in s. 879
322.264, who, knowing of such cancellation, suspension , 880
revocation, or suspension or revocation equivalent status, 881
drives any motor vehicle upon the highways of this state while 882
such license or privilege is canceled, suspended, or revoked, or 883
while under suspension or revocation equivalent status, commits: 884
(a) A misdemeanor of the second degree, punishable as 885
provided in s. 775.082 or s. 775.083. 886
(b)1. A misdemeanor of the first degree, punishable as 887
provided in s. 775.082 or s. 775.083, upon a second or 888
subsequent conviction, except as provided in paragra ph (c). 889
2. A person convicted of a third or subsequent conviction, 890
except as provided in paragraph (c), must serve a minimum of 10 891
days in jail. 892
(c) A felony of the third degree, punishable as provided 893
in s. 775.082, s. 775.083, or s. 775.084, upon a t hird or 894
subsequent conviction if the current violation of this section 895
or the most recent prior violation of the section is related to 896
driving while license canceled, suspended, revoked, or 897
suspension or revocation equivalent status resulting from a 898
violation of: 899
1. Driving under the influence; 900
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 37 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. Refusal to submit to a urine, breath -alcohol, or blood 901
alcohol test; 902
3. A traffic offense causing death or serious bodily 903
injury; or 904
4. Fleeing or eluding. 905
906
The element of knowledge is satisfied if the per son has been 907
previously cited as provided in subsection (1); or the person 908
admits to knowledge of the cancellation, suspension, or 909
revocation, or suspension or revocation equivalent status; or 910
the person received notice as provided in subsection (4). There 911
shall be a rebuttable presumption that the knowledge requirement 912
is satisfied if a judgment or order as provided in subsection 913
(4) appears in the department's records for any case except for 914
one involving a suspension by the department for failure to pay 915
a traffic fine or for a financial responsibility violation. 916
Section 20. Subsection (4) of section 322.61, Florida 917
Statutes, is amended to read: 918
322.61 Disqualification from operating a commercial motor 919
vehicle.— 920
(4) Any person who is transporting h azardous materials as 921
defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 922
an offense specified in subsection (3), be disqualified from 923
operating a commercial motor vehicle for a period of 3 years. 924
The penalty provided in this subsection shall be in addition to 925
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 38 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
any other applicable penalty. 926
Section 21. Subsection (1) of section 327.391, Florida 927
Statutes, is amended to read: 928
327.391 Airboats regulated. — 929
(1) The exhaust of every internal combustion engine used 930
on any airboat operated on the waters of this state shall be 931
provided with an automotive -style factory muffler, underwater 932
exhaust, or other manufactured device capable of adequately 933
muffling the sound of the exhaust of the engine as described in 934
s. 327.02(32) s. 327.02(31). The use of cutouts or flex pipe as 935
the sole source of muffling is prohibited, except as provided in 936
subsection (4). A person who violates this subsection commits a 937
noncriminal infraction, punishable as provided in s. 327.73(1). 938
Section 22. Subsection (8) of section 327.53, Florida 939
Statutes, is amended to read: 940
327.53 Marine sanitation. — 941
(8) The owner or operator of a live -aboard vessel as 942
defined in s. 327.02(24) s. 327.02(23), or a houseboat as 943
defined in s. 327.02(18) s. 327.02(17), that is equipped with a 944
marine sanitation device must maintain a record of the date of 945
each pumpout of the marine sanitation device and the location of 946
the pumpout station or waste reception f acility. Each record 947
must be maintained for 1 year after the date of the pumpout. 948
This subsection does not apply to marine compost toilets that 949
process and manage human waste using marine compost toilet 950
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 39 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
technologies that comply with United States Coast Gua rd 951
requirements. 952
Section 23. Paragraphs (b) and (c) of subsection (1) of 953
section 627.749, Florida Statutes, are amended to read: 954
627.749 Autonomous vehicles; insurance requirements. — 955
(1) DEFINITIONS.—As used in this section, the term: 956
(b) "Autonomous vehicle" has the same meaning as provided 957
in s. 316.003(4) s. 316.003(3). 958
(c) "Fully autonomous vehicle" has the same meaning as 959
provided in s. 316.003(4) s. 316.003(3). 960
Section 24. Subsection (1) of section 655.960, Florida 961
Statutes, is amended to read: 962
655.960 Definitions; ss. 655.960 -655.965.—As used in this 963
section and ss. 655.961 -655.965, unless the context otherwise 964
requires: 965
(1) "Access area" means any paved walkway or sidewalk 966
which is within 50 feet of any automated telle r machine. The 967
term does not include any street or highway open to the use of 968
the public, as defined in s. 316.003(90)(a) or (b) s. 969
316.003(89)(a) or (b) , including any adjacent sidewalk, as 970
defined in s. 316.003. 971
Section 25. Paragraphs (g), (h), and ( i) of subsection (3) 972
of section 921.0022, Florida Statutes, are amended to read: 973
921.0022 Criminal Punishment Code; offense severity 974
ranking chart.— 975
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 40 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(3) OFFENSE SEVERITY RANKING CHART 976
(g) LEVEL 7 977
978
Florida
Statute
Felony
Degree Description
979
316.027(2)(c) 1st Accident involving death,
failure to stop; leaving scene.
980
316.193(3)(c)2. 2nd 3rd DUI resulting in serious bodily
injury.
981
316.1935(3)(b) 1st Causing serious bodily injury
or death to another person;
driving at high speed or with
wanton disregard for safety
while fleeing or attempting to
elude law enforcement officer
who is in a patrol vehicle with
siren and lights activated.
982
327.35(3)(c)2. 2nd 3rd Vessel BUI resulting in serious
bodily injury.
983
402.319(2) 2nd Misrepresentation and
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 41 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
negligence or intentional act
resulting in great bodily harm,
permanent disfiguration,
permanent disability, or death.
984
409.920
(2)(b)1.a.
3rd Medicaid provider fraud;
$10,000 or less.
985
409.920
(2)(b)1.b.
2nd Medicaid provider fraud; more
than $10,000, but less than
$50,000.
986
456.065(2) 3rd Practicing a health care
profession without a license.
987
456.065(2) 2nd Practicing a health care
profession without a license
which results in serious bodily
injury.
988
458.327(1) 3rd Practicing medicine with out a
license.
989
459.013(1) 3rd Practicing osteopathic medicine
without a license.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 42 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
990
460.411(1) 3rd Practicing chiropractic
medicine without a license.
991
461.012(1) 3rd Practicing podiatric medicine
without a license.
992
462.17 3rd Practicing naturopathy without
a license.
993
463.015(1) 3rd Practicing optometry without a
license.
994
464.016(1) 3rd Practicing nursing without a
license.
995
465.015(2) 3rd Practicing pharmacy without a
license.
996
466.026(1) 3rd Practicing dentistry or dental
hygiene without a license.
997
467.201 3rd Practicing midwifery without a
license.
998
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 43 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
468.366 3rd Delivering respiratory care
services without a license.
999
483.828(1) 3rd Practicing as clinical
laboratory personnel without a
license.
1000
483.901(7) 3rd Practicing medical physics
without a license.
1001
484.013(1)(c) 3rd Preparing or dispensing optical
devices without a prescription.
1002
484.053 3rd Dispensing hearing aids without
a license.
1003
494.0018(2) 1st Conviction of any violation of
chapter 494 in which the total
money and property unlawfully
obtained exceeded $50,000 and
there were five or more
victims.
1004
560.123(8)(b)1. 3rd Failure to report currency or
payment instruments exceeding
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 44 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
$300 but less than $20,000 by a
money services business.
1005
560.125(5)(a) 3rd Money services business by
unauthorized person, currency
or payment instruments
exceeding $300 but less than
$20,000.
1006
655.50(10)(b)1. 3rd Failure to report financial
transactions exceeding $300 but
less than $20,000 by financial
institution.
1007
775.21(10)(a) 3rd Sexual predator; failure to
register; failure to renew
driver license or
identification card; other
registration violations.
1008
775.21(10)(b) 3rd Sexual predator working where
children regularly congregate.
1009
775.21(10)(g) 3rd Failure to report or providing
false information about a
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 45 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
sexual predator; harbor or
conceal a sexual predator.
1010
782.051(3) 2nd Attempted felony murder of a
person by a person other than
the perpetrator or the
perpetrator of an attempted
felony.
1011
782.07(1) 2nd Killing of a human being by the
act, procurement, or culpable
negligence of another
(manslaughter).
1012
782.071 2nd Killing of a human being or
unborn child by the operation
of a motor vehicle in a
reckless manner (vehicular
homicide).
1013
782.072 2nd Killing of a human being by the
operation of a vessel in a
reckless manner (vessel
homicide).
1014
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 46 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
784.045(1)(a)1. 2nd Aggravated battery;
intentionally causing great
bodily harm or disfigurement.
1015
784.045(1)(a)2. 2nd Aggravated battery; using
deadly weapon.
1016
784.045(1)(b) 2nd Aggravated battery; perpetrator
aware victim pregnant.
1017
784.048(4) 3rd Aggravated stalking; violation
of injunction or court order.
1018
784.048(7) 3rd Aggravated stalking; violation
of court order.
1019
784.07(2)(d) 1st Aggravated battery on law
enforcement officer.
1020
784.074(1)(a) 1st Aggravated battery on sexually
violent predators facility
staff.
1021
784.08(2)(a) 1st Aggravated battery on a person
65 years of age or older.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 47 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1022
784.081(1) 1st Aggravated battery on specified
official or employee.
1023
784.082(1) 1st Aggravated battery by detained
person on visitor or other
detainee.
1024
784.083(1) 1st Aggravated battery on code
inspector.
1025
787.06(3)(a)2. 1st Human trafficking using
coercion for labor and services
of an adult.
1026
787.06(3)(e)2. 1st Human trafficking using
coercion for labor and services
by the transfer or transport of
an adult from outside Florida
to within the state.
1027
790.07(4) 1st Specified weapons violation
subsequent to previous
conviction of s. 790.07(1) or
(2).
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 48 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1028
790.16(1) 1st Discharge of a machine gun
under specified circumstances.
1029
790.165(2) 2nd Manufacture, sell, possess, or
deliver hoax bomb.
1030
790.165(3) 2nd Possessing, displaying, or
threatening to use any hoax
bomb while committing or
attempting to commit a felony.
1031
790.166(3) 2nd Possessing, selling, using, or
attempting to use a hoax weapon
of mass destruction.
1032
790.166(4) 2nd Possessing, displaying, or
threatening to use a hoax
weapon of mass destruction
while committing or attempting
to commit a felony.
1033
790.23 1st,PBL Possession of a firearm by a
person who qualifies for the
penalty enhancements provided
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 49 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for in s. 874.04.
1034
794.08(4) 3rd Female genital mutilation;
consent by a parent, guardian,
or a person in custodial
authority to a victim younger
than 18 years of age.
1035
796.05(1) 1st Live on earnings of a
prostitute; 2nd offense.
1036
796.05(1) 1st Live on earnings of a
prostitute; 3rd and subsequent
offense.
1037
800.04(5)(c)1. 2nd Lewd or lascivious molestation;
victim younger than 12 years of
age; offender younger than 18
years of age.
1038
800.04(5)(c)2. 2nd Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years of
age; offender 18 years of age
or older.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 50 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1039
800.04(5)(e) 1st Lewd or lascivious molestation;
victim 12 years of age or older
but younger than 16 years;
offender 18 years or older;
prior conviction for specified
sex offense.
1040
806.01(2) 2nd Maliciously damage structure by
fire or explosive.
1041
810.02(3)(a) 2nd Burglary of occupied dwelling;
unarmed; no assault or battery.
1042
810.02(3)(b) 2nd Burglary of unoccupied
dwelling; unarmed; no assault
or battery.
1043
810.02(3)(d) 2nd Burglary of occupied
conveyance; unarmed; no assault
or battery.
1044
810.02(3)(e) 2nd Burglary of authorized
emergency vehicle.
1045
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 51 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
812.014(2)(a)1. 1st Property stolen, valued at
$100,000 or more or a
semitrailer deployed by a law
enforcement officer; property
stolen while causing other
property damage; 1st degree
grand theft.
1046
812.014(2)(b)2. 2nd Property stolen, cargo valued
at less than $50,000, grand
theft in 2nd degree.
1047
812.014(2)(b)3. 2nd Property stolen, emergency
medical equipment; 2nd degree
grand theft.
1048
812.014(2)(b)4. 2nd Property stolen, law
enforcement equipment from
authorized emergency vehicle.
1049
812.014(2)(f) 2nd Grand theft; second degree;
firearm with previous
conviction of s.
812.014(2)(c)5.
1050
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 52 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
812.0145(2)(a) 1st Theft from person 65 years of
age or older; $50,000 or more.
1051
812.019(2) 1st Stolen property; initiates,
organizes, plans, etc., the
theft of property and traffics
in stolen property.
1052
812.131(2)(a) 2nd Robbery by sudden snatching.
1053
812.133(2)(b) 1st Carjacking; no firearm, deadly
weapon, or other weapon.
1054
817.034(4)(a)1. 1st Communications fraud, value
greater than $50,000.
1055
817.234(8)(a) 2nd Solicitation of motor vehicle
accident victims with intent to
defraud.
1056
817.234(9) 2nd Organizing, planning, or
participating in an intentional
motor vehicle collision.
1057
817.234(11)(c) 1st Insurance fraud; property value
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 53 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
$100,000 or more.
1058
817.2341
(2)(b) &
(3)(b)
1st Making false entries of
material fact or false
statements regarding property
values relating to the solvency
of an insuring entity which are
a significant cause of the
insolvency of that entity.
1059
817.418(2)(a) 3rd Offering for sale or
advertising personal protec tive
equipment with intent to
defraud.
1060
817.504(1)(a) 3rd Offering or advertising a
vaccine with intent to defraud.
1061
817.535(2)(a) 3rd Filing false lien or other
unauthorized document.
1062
817.611(2)(b) 2nd Traffic in or possess 15 to 49
counterfeit credit cards or
related documents.
1063
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 54 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825.102(3)(b) 2nd Neglecting an elderly person or
disabled adult causing great
bodily harm, disability, or
disfigurement.
1064
825.103(3)(b) 2nd Exploiting an elderly person or
disabled adult and property is
valued at $10,000 or more, but
less than $50,000.
1065
827.03(2)(b) 2nd Neglect of a child causing
great bodily harm, disability,
or disfigurement.
1066
827.04(3) 3rd Impregnation of a child under
16 years of age by person 21
years of age or older.
1067
837.05(2) 3rd Giving false information about
alleged capital felony to a law
enforcement officer.
1068
838.015 2nd Bribery.
1069
838.016 2nd Unlawful compensation or reward
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 55 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
for official behavior.
1070
838.021(3)(a) 2nd Unlawful harm to a public
servant.
1071
838.22 2nd Bid tampering.
1072
843.0855(2) 3rd Impersonation of a public
officer or employee.
1073
843.0855(3) 3rd Unlawful simulation of legal
process.
1074
843.0855(4) 3rd Intimidation of a public
officer or employee.
1075
847.0135(3) 3rd Solicitation of a child, via a
computer service, to commit an
unlawful sex act.
1076
847.0135(4) 2nd Traveling to meet a minor to
commit an unlawful sex act.
1077
872.06 2nd Abuse of a dead human body.
1078
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 56 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
874.05(2)(b) 1st Encouraging or recruiting
person under 13 to join a
criminal gang; second or
subsequent offense.
1079
874.10 1st,PBL Knowingly initiates, organizes,
plans, finances, directs,
manages, or supervises criminal
gang-related activity.
1080
893.13(1)(c)1. 1st Sell, manufacture, or deliver
cocaine (or other drug
prohibited under s.
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.)
within 1,000 feet of a child
care facility, school, or
state, county, or municipal
park or publicly owned
recreational facility or
community center.
1081
893.13(1)(e)1. 1st Sell, manufacture, or deliver
cocaine or other drug
prohibited under s.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 57 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.03(1)(a), (1)(b), (1)(d),
(2)(a), (2)(b), or (2)(c)5.,
within 1,000 feet of property
used for religious services or
a specified business site.
1082
893.13(4)(a) 1st Use or hire of minor; deliver
to minor other controlled
substance.
1083
893.135(1)(a)1. 1st Trafficking in cannabis, more
than 25 lbs., less than 2,000
lbs.
1084
893.135
(1)(b)1.a.
1st Trafficking in cocaine, more
than 28 grams, less than 200
grams.
1085
893.135
(1)(c)1.a.
1st Trafficking in illegal drugs,
more than 4 grams, less than 14
grams.
1086
893.135
(1)(c)2.a.
1st Trafficking in hydrocodone, 28
grams or more, less than 50
grams.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 58 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1087
893.135
(1)(c)2.b.
1st Trafficking in hydrocodone, 50
grams or more, less than 100
grams.
1088
893.135
(1)(c)3.a.
1st Trafficking in oxycodone, 7
grams or more, less than 14
grams.
1089
893.135
(1)(c)3.b.
1st Trafficking in oxycodone, 14
grams or more, less than 25
grams.
1090
893.135
(1)(c)4.b.(I)
1st Trafficking in fentanyl, 4
grams or more, less than 14
grams.
1091
893.135
(1)(d)1.a.
1st Trafficking in phencyclidine,
28 grams or more, less than 200
grams.
1092
893.135(1)(e)1. 1st Trafficking in methaqualone,
200 grams or more, less than 5
kilograms.
1093
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 59 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.135(1)(f)1. 1st Trafficking in amphetamine, 14
grams or more, less than 28
grams.
1094
893.135
(1)(g)1.a.
1st Trafficking in flunitrazepam, 4
grams or more, less than 14
grams.
1095
893.135
(1)(h)1.a.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 1
kilogram or more, less than 5
kilograms.
1096
893.135
(1)(j)1.a.
1st Trafficking in 1,4-Butanediol,
1 kilogram or more, less than 5
kilograms.
1097
893.135
(1)(k)2.a.
1st Trafficking in Phenethylamines,
10 grams or more, less than 200
grams.
1098
893.135
(1)(m)2.a.
1st Trafficking in synthetic
cannabinoids, 280 grams or
more, less than 500 grams.
1099
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 60 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.135
(1)(m)2.b.
1st Trafficking in synthetic
cannabinoids, 500 grams or
more, less than 1,000 grams.
1100
893.135
(1)(n)2.a.
1st Trafficking in n-benzyl
phenethylamines, 14 grams or
more, less than 100 grams.
1101
893.1351(2) 2nd Possession of place for
trafficking in or manufacturing
of controlled substance.
1102
896.101(5)(a) 3rd Money laundering, financial
transactions exceeding $300 but
less than $20,000.
1103
896.104(4)(a)1. 3rd Structuring transactions to
evade reporting or registration
requirements, financial
transactions exceeding $300 but
less than $20,000.
1104
943.0435(4)(c) 2nd Sexual offender vacating
permanent residence; failure to
comply with reporting
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 61 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements.
1105
943.0435(8) 2nd Sexual offender; remains in
state after indicatin g intent
to leave; failure to comply
with reporting requirements.
1106
943.0435(9)(a) 3rd Sexual offender; failure to
comply with reporting
requirements.
1107
943.0435(13) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1108
943.0435(14) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1109
944.607(9) 3rd Sexual offender; failure to
comply with reporting
requirements.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 62 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1110
944.607(10)(a) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1111
944.607(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1112
944.607(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1113
985.4815(10) 3rd Sexual offender; failure to
submit to the taking of a
digitized photograph.
1114
985.4815(12) 3rd Failure to report or providing
false information about a
sexual offender; harbor or
conceal a sexual offender.
1115
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 63 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
985.4815(13) 3rd Sexual offender; failure to
report and reregister; failure
to respond to address
verification; providing false
registration information.
1116
(h) LEVEL 8 1117
1118
Florida
Statute
Felony
Degree Description
1119
316.193(3)(c)3.
316.193
(3)(c)3.a.
1st 2nd DUI manslaughter.
1120
316.1935(4)(b) 1st Aggravated fleeing or attempted
eluding with serious bodily
injury or death.
1121
327.35(3)(c)3. 1st 2nd Vessel BUI manslaughter.
1122
499.0051(6) 1st Knowing trafficking in
contraband prescription drugs.
1123
499.0051(7) 1st Knowing forgery of prescription
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 64 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
labels or prescription drug
labels.
1124
560.123(8)(b)2. 2nd Failure to report currency or
payment instruments totaling or
exceeding $20,000, but less
than $100,000 by money
transmitter.
1125
560.125(5)(b) 2nd Money transmitter business by
unauthorized person, currency
or payment instruments totaling
or exceeding $20,000, but less
than $100,000.
1126
655.50(10)(b)2. 2nd Failure to report financial
transactions totaling or
exceeding $20,000, but less
than $100,000 by financial
institutions.
1127
777.03(2)(a) 1st Accessory after the fact,
capital felony.
1128
782.04(4) 2nd Killing of human without design
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 65 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
when engaged in act o r attempt
of any felony other than arson,
sexual battery, robbery,
burglary, kidnapping,
aggravated fleeing or eluding
with serious bodily injury or
death, aircraft piracy, or
unlawfully discharging bomb.
1129
782.051(2) 1st Attempted felony murder while
perpetrating or attempting to
perpetrate a felony not
enumerated in s. 782.04(3).
1130
782.071(1)(b) 1st Committing vehicular homicide
and failing to render aid or
give information.
1131
782.072(2) 1st Committing vessel homicide and
failing to render aid or give
information.
1132
787.06(3)(a)1. 1st Human trafficking for labor and
services of a child.
1133
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 66 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
787.06(3)(b) 1st Human trafficking using
coercion for commercial sexual
activity of an adult.
1134
787.06(3)(c)2. 1st Human trafficking using
coercion for labor and services
of an unauthorized alien adult.
1135
787.06(3)(e)1. 1st Human trafficking for labor and
services by the transfer or
transport of a child from
outside Florida to within the
state.
1136
787.06(3)(f)2. 1st Human trafficking using
coercion for commercial sexual
activity by the transfer or
transport of any adult from
outside Florida to within the
state.
1137
790.161(3) 1st Discharging a destructive
device which results in bodily
harm or property damage.
1138
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 67 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
794.011(5)(a) 1st Sexual battery; victim 12 years
of age or older but younger
than 18 years; offender 18
years or older; offender does
not use physical force likely
to cause serious injury.
1139
794.011(5)(b) 2nd Sexual battery; victim and
offender 18 years of age or
older; offender does not use
physical force likely to cause
serious injury.
1140
794.011(5)(c) 2nd Sexual battery; victim 12 years
of age or older; offender
younger than 18 years; offender
does not use physical force
likely to cause injury.
1141
794.011(5)(d) 1st Sexual battery; victim 12 years
of age or older; offender does
not use physical force likely
to cause serious injury; prior
conviction for specified sex
offense.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 68 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1142
794.08(3) 2nd Female genital mutilation,
removal of a victim younger
than 18 years of age from this
state.
1143
800.04(4)(b) 2nd Lewd or lascivious battery.
1144
800.04(4)(c) 1st Lewd or lascivious battery;
offender 18 years of age or
older; prior conviction for
specified sex offense.
1145
806.01(1) 1st Maliciously damage dwelling or
structure by fire or explosive,
believing person in structure.
1146
810.02(2)(a) 1st,PBL Burglary with assault or
battery.
1147
810.02(2)(b) 1st,PBL Burglary; armed with explosives
or dangerous weapon.
1148
810.02(2)(c) 1st Burglary of a dwelling or
structure causing structural
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 69 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
damage or $1,000 or more
property damage.
1149
812.014(2)(a)2. 1st Property stolen; cargo valued
at $50,000 or more, grand theft
in 1st degree.
1150
812.13(2)(b) 1st Robbery with a weapon.
1151
812.135(2)(c) 1st Home-invasion robbery, no
firearm, deadly weapon, or
other weapon.
1152
817.418(2)(b) 2nd Offering for sale or
advertising personal protective
equipment with intent to
defraud; second or subsequent
offense.
1153
817.504(1)(b) 2nd Offering or advertising a
vaccine with intent to defraud;
second or subsequent offense.
1154
817.505(4)(c) 1st Patient brokering; 2 0 or more
patients.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 70 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1155
817.535(2)(b) 2nd Filing false lien or other
unauthorized document; second
or subsequent offense.
1156
817.535(3)(a) 2nd Filing false lien or other
unauthorized document; property
owner is a public officer or
employee.
1157
817.535(4)(a)1. 2nd Filing false lien or other
unauthorized document;
defendant is incarcerated or
under supervision.
1158
817.535(5)(a) 2nd Filing false lien or other
unauthorized document; owner of
the property incurs financial
loss as a result of the false
instrument.
1159
817.568(6) 2nd Fraudulent use of personal
identification information of
an individual under the age of
18.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 71 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1160
817.611(2)(c) 1st Traffic in or possess 50 or
more counterfeit credit cards
or related documents.
1161
825.102(2) 1st Aggravated abuse of an elderly
person or disabled adult.
1162
825.1025(2) 2nd Lewd or lascivious battery upon
an elderly person or disabled
adult.
1163
825.103(3)(a) 1st Exploiting an elderly person or
disabled adult and property is
valued at $50,000 or more.
1164
837.02(2) 2nd Perjury in official proceedings
relating to prosecution of a
capital felony.
1165
837.021(2) 2nd Making contradictory statements
in official proceedings
relating to prosecution of a
capital felony.
1166
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 72 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
860.121(2)(c) 1st Shooting at or throwing any
object in path of railro ad
vehicle resulting in great
bodily harm.
1167
860.16 1st Aircraft piracy.
1168
893.13(1)(b) 1st Sell or deliver in excess of 10
grams of any substance
specified in s. 893.03(1)(a) or
(b).
1169
893.13(2)(b) 1st Purchase in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
1170
893.13(6)(c) 1st Possess in excess of 10 grams
of any substance specified in
s. 893.03(1)(a) or (b).
1171
893.135(1)(a)2. 1st Trafficking in cannabis, more
than 2,000 lbs., less than
10,000 lbs.
1172
893.135 1st Trafficking in cocaine, more
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 73 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(b)1.b. than 200 grams, less than 400
grams.
1173
893.135
(1)(c)1.b.
1st Trafficking in illegal drugs,
more than 14 grams, less than
28 grams.
1174
893.135
(1)(c)2.c.
1st Trafficking in hydrocodone, 100
grams or more, less than 300
grams.
1175
893.135
(1)(c)3.c.
1st Trafficking in oxycodone, 25
grams or more, less than 100
grams.
1176
893.135
(1)(c)4.b.(II)
1st Trafficking in fentanyl, 14
grams or more, less than 28
grams.
1177
893.135
(1)(d)1.b.
1st Trafficking in phencyclidine,
200 grams or more, less than
400 grams.
1178
893.135
(1)(e)1.b.
1st Trafficking in methaqualone, 5
kilograms or more, less than 25
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 74 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
kilograms.
1179
893.135
(1)(f)1.b.
1st Trafficking in amphetamine, 28
grams or more, less than 200
grams.
1180
893.135
(1)(g)1.b.
1st Trafficking in flunitrazepam,
14 grams or more, less than 28
grams.
1181
893.135
(1)(h)1.b.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 5
kilograms or more, less than 10
kilograms.
1182
893.135
(1)(j)1.b.
1st Trafficking in 1,4-Butanediol,
5 kilograms or more, less than
10 kilograms.
1183
893.135
(1)(k)2.b.
1st Trafficking in Phenethylamines,
200 grams or more, less than
400 grams.
1184
893.135
(1)(m)2.c.
1st Trafficking in synthetic
cannabinoids, 1,000 grams or
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 75 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
more, less than 30 kilograms.
1185
893.135
(1)(n)2.b.
1st Trafficking in n-benzyl
phenethylamines, 100 grams or
more, less than 200 grams.
1186
893.1351(3) 1st Possession of a place used to
manufacture controlled
substance when minor is present
or resides there.
1187
895.03(1) 1st Use or invest proceeds derived
from pattern of racketeering
activity.
1188
895.03(2) 1st Acquire or maintain through
racketeering activity any
interest in or control of any
enterprise or real property.
1189
895.03(3) 1st Conduct or participate in any
enterprise through patter n of
racketeering activity.
1190
896.101(5)(b) 2nd Money laundering, financial
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 76 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
transactions totaling or
exceeding $20,000, but less
than $100,000.
1191
896.104(4)(a)2. 2nd Structuring transactions to
evade reporting or registration
requirements, financial
transactions totaling or
exceeding $20,000 but less than
$100,000.
1192
(i) LEVEL 9 1193
1194
Florida
Statute
Felony
Degree Description
1195
316.193(3)(c)3.
316.193
(3)(c)3.b.
1st DUI manslaughter; failing to
render aid or give information .
1196
327.35(3)(c)3.
327.35
(3)(c)3.b.
1st BUI manslaughter; failing to
render aid or give information .
1197
409.920 1st Medicaid provider fraud;
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 77 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(2)(b)1.c. $50,000 or more.
1198
499.0051(8) 1st Knowing sale or purchase of
contraband prescription drugs
resulting in great bodily harm.
1199
560.123(8)(b)3. 1st Failure to report currency or
payment instruments totaling or
exceeding $100,000 by money
transmitter.
1200
560.125(5)(c) 1st Money transmitter business by
unauthorized person, currency,
or payment instruments totaling
or exceeding $100,000.
1201
655.50(10)(b)3. 1st Failure to report financial
transactions totaling or
exceeding $100,000 by financial
institution.
1202
775.0844 1st Aggravated white collar crime.
1203
782.04(1) 1st Attempt, conspire, or solicit
to commit premeditated murder.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 78 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1204
782.04(3) 1st,PBL Accomplice to murder in
connection with arson, sexual
battery, robbery, burglary,
aggravated fleeing or eluding
with serious bodily injury or
death, and other specified
felonies.
1205
782.051(1) 1st Attempted felony murder while
perpetrating or attempting to
perpetrate a felony enumerated
in s. 782.04(3).
1206
782.07(2) 1st Aggravated manslaughter of an
elderly person or disabled
adult.
1207
787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or
reward or as a shield or
hostage.
1208
787.01(1)(a)2. 1st,PBL Kidnapping with intent to
commit or facilitate commission
of any felony.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 79 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1209
787.01(1)(a)4. 1st,PBL Kidnapping with intent to
interfere with performance of
any governmental or political
function.
1210
787.02(3)(a) 1st,PBL False imprisonment; child under
age 13; perpetrator also
commits aggravated child abuse,
sexual battery, or lewd or
lascivious battery,
molestation, conduct, or
exhibition.
1211
787.06(3)(c)1. 1st Human trafficking for labor and
services of an unauthorized
alien child.
1212
787.06(3)(d) 1st Human trafficking using
coercion for commercial sexual
activity of an unauthorized
adult alien.
1213
787.06(3)(f)1. 1st,PBL Human trafficking for
commercial sexual activity by
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 80 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
the transfer or transport of
any child from outside Florida
to within the state.
1214
790.161 1st Attempted capital destructive
device offense.
1215
790.166(2) 1st,PBL Possessing, selling, using, or
attempting to use a weapon of
mass destruction.
1216
794.011(2) 1st Attempted sexual battery;
victim less than 12 years of
age.
1217
794.011(2) Life Sexual battery; offender
younger than 18 years and
commits sexual battery on a
person less than 12 years.
1218
794.011(4)(a) 1st,PBL Sexual battery, certain
circumstances; victim 12 years
of age or older but younger
than 18 years; offender 18
years or older.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 81 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1219
794.011(4)(b) 1st Sexual battery, certain
circumstances; victim and
offender 18 years of age or
older.
1220
794.011(4)(c) 1st Sexual battery, certain
circumstances; victim 12 years
of age or older; offender
younger than 18 years.
1221
794.011(4)(d) 1st,PBL Sexual battery, certain
circumstances; victim 12 years
of age or older; prior
conviction for specified sex
offenses.
1222
794.011(8)(b) 1st,PBL Sexual battery; engage in
sexual conduct with minor 12 to
18 years by person in familial
or custodial authority.
1223
794.08(2) 1st Female genital mutilation;
victim younger than 18 years of
age.
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 82 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
1224
800.04(5)(b) Life Lewd or lascivious molestation;
victim less than 12 years;
offender 18 years or older.
1225
812.13(2)(a) 1st,PBL Robbery with firearm or other
deadly weapon.
1226
812.133(2)(a) 1st,PBL Carjacking; firearm or other
deadly weapon.
1227
812.135(2)(b) 1st Home-invasion robbery with
weapon.
1228
817.535(3)(b) 1st Filing false lien or other
unauthorized document; second
or subsequent offense; property
owner is a public officer or
employee.
1229
817.535(4)(a)2. 1st Filing false claim or other
unauthorized document;
defendant is incarcerated or
under supervision.
1230
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 83 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
817.535(5)(b) 1st Filing false lien or other
unauthorized document; second
or subsequent offense; owner of
the property incurs financial
loss as a result of the false
instrument.
1231
817.568(7) 2nd,
PBL
Fraudulent use of personal
identification information of
an individual under the age of
18 by his or her parent, legal
guardian, or person exercising
custodial authority.
1232
827.03(2)(a) 1st Aggravated child abuse.
1233
847.0145(1) 1st Selling, or otherwise
transferring custody or
control, of a minor.
1234
847.0145(2) 1st Purchasing, or otherwise
obtaining custody or control,
of a minor.
1235
859.01 1st Poisoning or introducing
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 84 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
bacteria, radioactive
materials, viruses, or chemical
compounds into food, drink,
medicine, or water with intent
to kill or injure another
person.
1236
893.135 1st Attempted capital trafficking
offense.
1237
893.135(1)(a)3. 1st Trafficking in cannabis, more
than 10,000 lbs.
1238
893.135
(1)(b)1.c.
1st Trafficking in cocaine, more
than 400 grams, less than 150
kilograms.
1239
893.135
(1)(c)1.c.
1st Trafficking in illegal drugs,
more than 28 grams, less than
30 kilograms.
1240
893.135
(1)(c)2.d.
1st Trafficking in hydrocodone, 300
grams or more, less than 30
kilograms.
1241
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 85 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
893.135
(1)(c)3.d.
1st Trafficking in oxycodone, 100
grams or more, less than 30
kilograms.
1242
893.135
(1)(c)4.b.(III)
1st Trafficking in fentanyl, 28
grams or more.
1243
893.135
(1)(d)1.c.
1st Trafficking in phencyclidine,
400 grams or more.
1244
893.135
(1)(e)1.c.
1st Trafficking in methaqualone, 25
kilograms or more.
1245
893.135
(1)(f)1.c.
1st Trafficking in amphetamine, 200
grams or more.
1246
893.135
(1)(h)1.c.
1st Trafficking in gamma -
hydroxybutyric acid (GHB), 10
kilograms or more.
1247
893.135
(1)(j)1.c.
1st Trafficking in 1,4-Butanediol,
10 kilograms or more.
1248
893.135 1st Trafficking in Phenethylamines,
HB 961 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0961-00
Page 86 of 86
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
(1)(k)2.c. 400 grams or more.
1249
893.135
(1)(m)2.d.
1st Trafficking in synthetic
cannabinoids, 30 kilograms or
more.
1250
893.135
(1)(n)2.c.
1st Trafficking in n-benzyl
phenethylamines, 200 grams or
more.
1251
896.101(5)(c) 1st Money laundering, financial
instruments totaling or
exceeding $100,000.
1252
896.104(4)(a)3. 1st Structuring transactions to
evade reporting or registration
requirements, financial
transactions totaling or
exceeding $100,000.
1253
Section 26. This act shall take effect July 1, 2024. 1254