Old | New | Differences | |
---|---|---|---|
1 | 1 | ||
2 | 2 | ||
3 | - | ||
3 | + | HB 687 2025 | |
4 | 4 | ||
5 | 5 | ||
6 | 6 | ||
7 | 7 | CODING: Words stricken are deletions; words underlined are additions. | |
8 | - | hb687- | |
9 | - | Page 1 of | |
8 | + | hb687-00 | |
9 | + | Page 1 of 46 | |
10 | 10 | 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 | |
11 | 11 | ||
12 | 12 | ||
13 | 13 | ||
14 | 14 | A bill to be entitled 1 | |
15 | - | An act relating to | |
16 | - | ||
17 | - | ||
18 | - | ||
19 | - | ||
20 | - | ||
21 | - | ||
22 | - | ||
23 | - | ||
24 | - | ||
25 | - | ||
26 | - | ||
27 | - | ||
28 | - | ||
29 | - | ||
30 | - | ||
31 | - | 18 | |
32 | - | ||
33 | - | 20 | |
34 | - | ||
35 | - | ||
36 | - | ||
37 | - | ||
38 | - | ||
15 | + | An act relating to driving and boating under the 2 | |
16 | + | influence; amending s. 316.003, F.S.; providing a 3 | |
17 | + | definition for the term "impairing substance"; 4 | |
18 | + | providing a short title; amending s. 316.193, F.S.; 5 | |
19 | + | prohibiting a person from driving or being in actual 6 | |
20 | + | physical control of a vehicle while under the 7 | |
21 | + | influence of any impairing substance; providing an 8 | |
22 | + | enhanced criminal penalty for vehicular homicide in 9 | |
23 | + | certain circumstances; amending s. 316.1932, F.S.; 10 | |
24 | + | requiring that a person be told that his or her 11 | |
25 | + | failure to submit to a lawful test of breath or urine 12 | |
26 | + | for impairing substances is a second degree 13 | |
27 | + | misdemeanor or a first degree misdemeanor under 14 | |
28 | + | certain circumstances; amending ss. 316.1933 and 15 | |
29 | + | 316.1934, F.S.; conforming provisions to changes made 16 | |
30 | + | by the act; amending s. 316.1939, F.S.; classifying a 17 | |
31 | + | person's refusal to submit to a chemical or physical 18 | |
32 | + | test of breath or urine for impairing substances as a 19 | |
33 | + | second degree misdemeanor or a first degree 20 | |
34 | + | misdemeanor under certain circumstances; creating s. 21 | |
35 | + | 316.19395, F.S.; authorizing state attorneys to create 22 | |
36 | + | driving under the influence diversion or similar 23 | |
37 | + | programs; providing requirements for such programs; 24 | |
38 | + | providing that a person who successfully completes a 25 | |
39 | 39 | ||
40 | - | ||
40 | + | HB 687 2025 | |
41 | 41 | ||
42 | 42 | ||
43 | 43 | ||
44 | 44 | CODING: Words stricken are deletions; words underlined are additions. | |
45 | - | hb687- | |
46 | - | Page 2 of | |
45 | + | hb687-00 | |
46 | + | Page 2 of 46 | |
47 | 47 | 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 | |
48 | 48 | ||
49 | 49 | ||
50 | 50 | ||
51 | - | ||
52 | - | ||
53 | - | ||
54 | - | ||
55 | - | ||
56 | - | ||
57 | - | ||
58 | - | ||
59 | - | ||
60 | - | ||
61 | - | ||
62 | - | ||
63 | - | ||
64 | - | ||
65 | - | ||
66 | - | ||
67 | - | ||
68 | - | ||
69 | - | ||
70 | - | ||
71 | - | ||
72 | - | ||
73 | - | 48 | |
74 | - | For | |
75 | - | ||
51 | + | program is ineligible for future participation in such 26 | |
52 | + | a program; amending s. 316.656, F.S.; prohibiting a 27 | |
53 | + | court from suspending, deferring, or withholding 28 | |
54 | + | adjudication of guilt or imposition of sentence for a 29 | |
55 | + | specified violation; amending s. 322.34, F.S.; 30 | |
56 | + | providing penalties for specified violations of 31 | |
57 | + | driving while a license or driving privilege is 32 | |
58 | + | canceled, suspended, or revoked or under suspension or 33 | |
59 | + | revocation equivalent status; amending s. 327.35, 34 | |
60 | + | F.S.; prohibiting a person from operating a vessel 35 | |
61 | + | while under the influence of any impairing substance; 36 | |
62 | + | amending s. 782.071, F.S.; providing an enhanced 37 | |
63 | + | criminal penalty for vehicular homicide in certain 38 | |
64 | + | circumstances; amending s. 933.02, F.S.; permitting 39 | |
65 | + | the issuance of a search warrant when a sample of 40 | |
66 | + | blood of a person constitutes evidence relevant to 41 | |
67 | + | proving specified crimes; amending ss. 316.306, F.S.; 42 | |
68 | + | conforming a cross-reference; removing an obsolete 43 | |
69 | + | provision; amending s. 327.02, F.S.; providing a 44 | |
70 | + | definition for the term "impairing substance"; 45 | |
71 | + | amending s. 327.35, F.S.; including impairing 46 | |
72 | + | substances in provisions r elating to boating under the 47 | |
73 | + | influence; amending s. 327.352, F.S.; providing for 48 | |
74 | + | tests for impairing substances; amending s. 327.353, 49 | |
75 | + | F.S.; providing for blood tests for impairing 50 | |
76 | 76 | ||
77 | - | ||
77 | + | HB 687 2025 | |
78 | 78 | ||
79 | 79 | ||
80 | 80 | ||
81 | 81 | CODING: Words stricken are deletions; words underlined are additions. | |
82 | - | hb687- | |
83 | - | Page 3 of | |
82 | + | hb687-00 | |
83 | + | Page 3 of 46 | |
84 | 84 | 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 | |
85 | 85 | ||
86 | 86 | ||
87 | 87 | ||
88 | - | ||
89 | - | ||
90 | - | ||
91 | - | 327. | |
92 | - | ||
93 | - | ||
94 | - | ||
95 | - | ||
96 | - | ||
97 | - | ||
98 | - | ||
99 | - | ||
100 | - | ||
101 | - | ||
102 | - | ||
103 | - | | |
104 | - | ||
105 | - | ||
106 | - | ||
107 | - | | |
108 | - | ||
109 | - | ||
110 | - | ||
111 | - | ||
112 | - | ||
88 | + | substances; amending s. 327.354, F.S.; including 51 | |
89 | + | impairing substances in pr ovisions concerning 52 | |
90 | + | presumption of impairment and testing methods; 53 | |
91 | + | amending s. 327.359, F.S.; including impairing 54 | |
92 | + | substances in provisions concerning penalties for 55 | |
93 | + | refusal to submit to testing; amending ss. 327.53 and 56 | |
94 | + | 655.960, F.S.; conforming cross -references; providing 57 | |
95 | + | an effective date. 58 | |
96 | + | 59 | |
97 | + | Be It Enacted by the Legislature of the State of Florida: 60 | |
98 | + | 61 | |
99 | + | Section 1. Subsections (33) through (112) of section 62 | |
100 | + | 316.003, Florida Statutes, are renumbered as subsections (34) 63 | |
101 | + | through (113), respectively, a new sub section (33) is added to 64 | |
102 | + | that section, and present subsection (65) is amended, to read: 65 | |
103 | + | 316.003 Definitions. —The following words and phrases, when 66 | |
104 | + | used in this chapter, shall have the meanings respectively 67 | |
105 | + | ascribed to them in this section, except where t he context 68 | |
106 | + | otherwise requires: 69 | |
107 | + | (33) IMPAIRING SUBSTANCE. —Any substance that, when taken 70 | |
108 | + | into the human body, can impair, or diminish in some material 71 | |
109 | + | respect, a person's normal faculties. Such normal faculties 72 | |
110 | + | include, but are not limited to, the ability to see, hear, walk, 73 | |
111 | + | talk, gauge distances, drive a motor vehicle, make judgements, 74 | |
112 | + | act in emergencies, and, in general, perform the many mental and 75 | |
113 | 113 | ||
114 | - | ||
114 | + | HB 687 2025 | |
115 | 115 | ||
116 | 116 | ||
117 | 117 | ||
118 | 118 | CODING: Words stricken are deletions; words underlined are additions. | |
119 | - | hb687- | |
120 | - | Page 4 of | |
119 | + | hb687-00 | |
120 | + | Page 4 of 46 | |
121 | 121 | 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 | |
122 | 122 | ||
123 | 123 | ||
124 | 124 | ||
125 | - | 76 | |
126 | - | ||
127 | - | ||
128 | - | ||
129 | - | ||
130 | - | ||
131 | - | ||
132 | - | ||
133 | - | ||
134 | - | ||
135 | - | ||
136 | - | ||
137 | - | ||
138 | - | ||
139 | - | ||
140 | - | (a) | |
141 | - | in s. | |
142 | - | ||
143 | - | ||
144 | - | ||
145 | - | ||
146 | - | ||
147 | - | ||
148 | - | 99 | |
149 | - | ||
125 | + | physical acts of daily life. 76 | |
126 | + | (66)(65) PRIVATE ROAD OR DRIVEWAY. —Except as otherwise 77 | |
127 | + | provided in paragraph (91)(b) (90)(b), any privately owned way 78 | |
128 | + | or place used for vehicular travel by the owner and those having 79 | |
129 | + | express or implied permission from the owner, but not by other 80 | |
130 | + | persons. 81 | |
131 | + | Section 2. The amendments made by this act to s. 82 | |
132 | + | 316.193(3)(c)3. may be c ited as "Trenton's Law." 83 | |
133 | + | Section 3. Subsection (1) and paragraph (c) of subsection 84 | |
134 | + | (3) of section 316.193, Florida Statutes, are amended to read: 85 | |
135 | + | 316.193 Driving under the influence; penalties. — 86 | |
136 | + | (1) A person commits is guilty of the offense of driving 87 | |
137 | + | under the influence and is subject to punishment as provided in 88 | |
138 | + | subsection (2) if the person is driving or in actual physical 89 | |
139 | + | control of a vehicle within this state and: 90 | |
140 | + | (a) The person is under the influence of alcoholic 91 | |
141 | + | beverages, any chemical subst ance set forth in s. 877.111, or 92 | |
142 | + | any substance controlled under chapter 893, or any impairing 93 | |
143 | + | substance, when affected to the extent that the person's normal 94 | |
144 | + | faculties are impaired; 95 | |
145 | + | (b) The person has a blood -alcohol level of 0.08 or more 96 | |
146 | + | grams of alcohol per 100 milliliters of blood; or 97 | |
147 | + | (c) The person has a breath -alcohol level of 0.08 or more 98 | |
148 | + | grams of alcohol per 210 liters of breath. 99 | |
149 | + | (3) Any person: 100 | |
150 | 150 | ||
151 | - | ||
151 | + | HB 687 2025 | |
152 | 152 | ||
153 | 153 | ||
154 | 154 | ||
155 | 155 | CODING: Words stricken are deletions; words underlined are additions. | |
156 | - | hb687- | |
157 | - | Page 5 of | |
156 | + | hb687-00 | |
157 | + | Page 5 of 46 | |
158 | 158 | 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 | |
159 | 159 | ||
160 | 160 | ||
161 | 161 | ||
162 | - | ||
163 | - | ||
164 | - | ||
165 | - | ||
166 | - | ||
167 | - | | |
168 | - | ||
169 | - | ||
170 | - | of | |
171 | - | ||
172 | - | of, | |
173 | - | ||
174 | - | ||
175 | - | ||
176 | - | ||
177 | - | ||
178 | - | ||
179 | - | ||
180 | - | as | |
181 | - | 120 | |
182 | - | This | |
183 | - | ||
184 | - | ||
185 | - | in s. 775. | |
186 | - | ||
162 | + | (c) Who, by reason of such operation, causes or 101 | |
163 | + | contributes to causing: 102 | |
164 | + | 1. Damage to the property or person of another commits a 103 | |
165 | + | misdemeanor of the first degree, punishable as provided in s. 104 | |
166 | + | 775.082 or s. 775.083. 105 | |
167 | + | 2. Serious bodily injury to another, as defined in s. 106 | |
168 | + | 316.1933, commits a felony of the third degree, punishable as 107 | |
169 | + | provided in s. 775.082, s. 775.083, or s. 775.084. 108 | |
170 | + | 3. The death of any human being or unborn child commits 109 | |
171 | + | DUI manslaughter, and commits: 110 | |
172 | + | a. A felony of the second degree, punishable as provided 111 | |
173 | + | in s. 775.082, s. 775.083, or s. 775.084. 112 | |
174 | + | b. A felony of the first d egree, punishable as provided in 113 | |
175 | + | s. 775.082, s. 775.083, or s. 775.084, if: 114 | |
176 | + | (I) At the time of the crash, the person knew, or should 115 | |
177 | + | have known, that the crash occurred; and 116 | |
178 | + | (II) The person failed to give information and render aid 117 | |
179 | + | as required by s. 31 6.062. 118 | |
180 | + | c. A felony of the first degree, punishable as provided in 119 | |
181 | + | s. 775.082, 775.083, or s. 775.084, if the person has a prior 120 | |
182 | + | conviction under this subparagraph or s. 782.071. 121 | |
183 | + | 122 | |
184 | + | For purposes of this subsection, the term "unborn child" has the 123 | |
185 | + | same meaning as provided in s. 775.021(5). A person who is 124 | |
186 | + | convicted of DUI manslaughter shall be sentenced to a mandatory 125 | |
187 | 187 | ||
188 | - | ||
188 | + | HB 687 2025 | |
189 | 189 | ||
190 | 190 | ||
191 | 191 | ||
192 | 192 | CODING: Words stricken are deletions; words underlined are additions. | |
193 | - | hb687- | |
194 | - | Page 6 of | |
193 | + | hb687-00 | |
194 | + | Page 6 of 46 | |
195 | 195 | 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 | |
196 | 196 | ||
197 | 197 | ||
198 | 198 | ||
199 | - | 327.35(3)(c)3., or s. 782.071. 126 | |
200 | - | Section 6. Paragraphs (h) and (i) of subsection (3) of 127 | |
201 | - | section 921.0022, Florida Statutes, are amended to read: 128 | |
202 | - | 921.0022 Criminal Punishment Code; offense severity 129 | |
203 | - | ranking chart.— 130 | |
204 | - | (3) OFFENSE SEVERITY RANKING CHART 131 | |
205 | - | (h) LEVEL 8 132 | |
206 | - | 133 | |
207 | - | Florida | |
208 | - | Statute | |
209 | - | Felony | |
210 | - | Degree Description | |
211 | - | 134 | |
212 | - | 316.193 | |
213 | - | (3)(c)3.a. | |
214 | - | 2nd DUI manslaughter. | |
215 | - | 135 | |
216 | - | 316.1935(4)(b) 1st Aggravated fleeing or attempted | |
217 | - | eluding with serious bodily | |
218 | - | injury or death. | |
219 | - | 136 | |
220 | - | 327.35(3)(c)3. 2nd Vessel BUI manslaughter. | |
221 | - | 137 | |
222 | - | 499.0051(6) 1st Knowing trafficking in | |
223 | - | contraband prescription drugs. | |
224 | - | 138 | |
225 | - | 499.0051(7) 1st Knowing forgery of prescription | |
226 | - | labels or prescription drug | |
199 | + | minimum term of imprisonment of 4 years. 126 | |
200 | + | Section 4. Paragraphs (a) and (c) of subsection (1) of 127 | |
201 | + | section 316.1932, Florida Statutes, are am ended to read: 128 | |
202 | + | 316.1932 Tests for alcohol and other, chemical substances, 129 | |
203 | + | or controlled substances ; implied consent; refusal. — 130 | |
204 | + | (1)(a)1.a. A person who accepts the privilege extended by 131 | |
205 | + | the laws of this state of operating a motor vehicle within this 132 | |
206 | + | state is, by operating such vehicle, deemed to have given his or 133 | |
207 | + | her consent to submit to an approved chemical test or physical 134 | |
208 | + | test including, but not limited to, an infrared light test of 135 | |
209 | + | his or her breath for the purpose of determining the alcoholic 136 | |
210 | + | content of his or her blood or breath if the person is lawfully 137 | |
211 | + | arrested for any offense allegedly committed while the person 138 | |
212 | + | was driving or was in actual physical control of a motor vehicle 139 | |
213 | + | while under the influence of alcoholic beverages. The chemical 140 | |
214 | + | or physical breath test must be incidental to a lawful arrest 141 | |
215 | + | and administered at the request of a law enforcement officer who 142 | |
216 | + | has reasonable cause to believe such person was driving or was 143 | |
217 | + | in actual physical control of the motor vehicle within this 144 | |
218 | + | state while under the influence of alcoholic beverages. The 145 | |
219 | + | administration of a breath test does not preclude the 146 | |
220 | + | administration of another type of test. The person must shall be 147 | |
221 | + | told that his or her failure to submit to any lawful test of his 148 | |
222 | + | or her breath will result in the suspension of his or her the 149 | |
223 | + | person's privilege to operate a motor vehicle as provided in s. 150 | |
227 | 224 | ||
228 | - | ||
225 | + | HB 687 2025 | |
229 | 226 | ||
230 | 227 | ||
231 | 228 | ||
232 | 229 | CODING: Words stricken are deletions; words underlined are additions. | |
233 | - | hb687- | |
234 | - | Page 7 of | |
230 | + | hb687-00 | |
231 | + | Page 7 of 46 | |
235 | 232 | 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 | |
236 | 233 | ||
237 | 234 | ||
238 | 235 | ||
239 | - | ||
240 | - | ||
241 | - | ||
242 | - | ||
243 | - | ||
244 | - | ||
245 | - | ||
246 | - | ||
247 | - | ||
248 | - | ||
249 | - | or | |
250 | - | ||
251 | - | ||
252 | - | ||
253 | - | ||
254 | - | ||
255 | - | ||
256 | - | ||
257 | - | ||
258 | - | ||
259 | - | ||
260 | - | ||
261 | - | | |
262 | - | ||
263 | - | ||
236 | + | 322.2615(1)(a) for a period of 1 year for a first refusal, or 151 | |
237 | + | for a period of 18 months if the driving privilege of such 152 | |
238 | + | person has been previously suspende d or if he or she has 153 | |
239 | + | previously been fined under s. 327.35215 as a result of a 154 | |
240 | + | refusal to submit to a test or tests required under this chapter 155 | |
241 | + | or chapter 327, and must shall also be told that if he or she 156 | |
242 | + | refuses to submit to a lawful test of his or her breath and his 157 | |
243 | + | or her driving privilege has been previously suspended or if he 158 | |
244 | + | or she has previously been fined under s. 327.35215 for a prior 159 | |
245 | + | refusal to submit to a lawful test of his or her breath, urine, 160 | |
246 | + | or blood as required under this chapter or chapte r 327, he or 161 | |
247 | + | she commits a misdemeanor of the second first degree, punishable 162 | |
248 | + | as provided in s. 775.082 or s. 775.083, or a misdemeanor of the 163 | |
249 | + | first degree, punishable as provided in s. 775.082 or s. 164 | |
250 | + | 775.083, if his or her driving privilege has been previo usly 165 | |
251 | + | suspended or if he or she has previously been fined under s. 166 | |
252 | + | 327.35215 for a prior refusal to submit to a lawful test of his 167 | |
253 | + | or her breath, urine, or blood as required under this chapter or 168 | |
254 | + | chapter 327, in addition to any other penalties provided by l aw. 169 | |
255 | + | The refusal to submit to a chemical or physical breath test upon 170 | |
256 | + | the request of a law enforcement officer as provided in this 171 | |
257 | + | section is admissible into evidence in any criminal proceeding. 172 | |
258 | + | b. A person who accepts the privilege extended by the laws 173 | |
259 | + | of this state of operating a motor vehicle within this state is, 174 | |
260 | + | by operating such vehicle, deemed to have given his or her 175 | |
264 | 261 | ||
265 | - | ||
262 | + | HB 687 2025 | |
266 | 263 | ||
267 | 264 | ||
268 | 265 | ||
269 | 266 | CODING: Words stricken are deletions; words underlined are additions. | |
270 | - | hb687- | |
271 | - | Page 8 of | |
267 | + | hb687-00 | |
268 | + | Page 8 of 46 | |
272 | 269 | 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 | |
273 | 270 | ||
274 | 271 | ||
275 | 272 | ||
276 | - | of | |
277 | - | ||
278 | - | ||
279 | - | ||
280 | - | ||
281 | - | ||
282 | - | ||
283 | - | ||
284 | - | ||
285 | - | ||
286 | - | ||
287 | - | ||
288 | - | ||
289 | - | ||
290 | - | ||
291 | - | ||
292 | - | ||
293 | - | ||
294 | - | ||
295 | - | ||
296 | - | ||
297 | - | ||
298 | - | ||
299 | - | ||
300 | - | ||
273 | + | consent to submit to a urine test for the purpose of detecting 176 | |
274 | + | the presence of chemical substances as set forth in s. 877.111 , 177 | |
275 | + | or controlled substances, or impairing substances if the person 178 | |
276 | + | is lawfully arrested for any offense allegedly committed while 179 | |
277 | + | the person was driving or was in actual physical control of a 180 | |
278 | + | motor vehicle while under the influence of chemical substances , 181 | |
279 | + | or controlled substances, or impairing substances . The urine 182 | |
280 | + | test must be incidental to a lawful arrest and administered at a 183 | |
281 | + | detention facility or any other facility, mobile or otherwise, 184 | |
282 | + | which is equipped to administer such tests at the request of a 185 | |
283 | + | law enforcement officer who has reasonable cause to believe such 186 | |
284 | + | person was driving or was in actual physical control of a motor 187 | |
285 | + | vehicle within this state while under the influence of chemical 188 | |
286 | + | substances, or controlled substances , or impairing substances . 189 | |
287 | + | The urine test must shall be administered at a detention 190 | |
288 | + | facility or any other facility, mobile or otherwise, which is 191 | |
289 | + | equipped to administer such test in a reasonable manner that 192 | |
290 | + | will ensure the accuracy of the specimen and maintain the 193 | |
291 | + | privacy of the individual involved. The administration of a 194 | |
292 | + | urine test does not preclude the administration of another type 195 | |
293 | + | of test. The person must shall be told that his or her failure 196 | |
294 | + | to submit to any lawful test of his or her urine will result in 197 | |
295 | + | the suspension of his or her the person's privilege to operate a 198 | |
296 | + | motor vehicle for a period of 1 year for the first refusal, or 199 | |
297 | + | for a period of 18 months if the driving privilege of such 200 | |
301 | 298 | ||
302 | - | ||
299 | + | HB 687 2025 | |
303 | 300 | ||
304 | 301 | ||
305 | 302 | ||
306 | 303 | CODING: Words stricken are deletions; words underlined are additions. | |
307 | - | hb687- | |
308 | - | Page 9 of | |
304 | + | hb687-00 | |
305 | + | Page 9 of 46 | |
309 | 306 | 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 | |
310 | 307 | ||
311 | 308 | ||
312 | 309 | ||
313 | - | ||
314 | - | ||
315 | - | ||
316 | - | ||
317 | - | ||
318 | - | ||
319 | - | ||
320 | - | ||
321 | - | ||
322 | - | ||
323 | - | ||
324 | - | ||
325 | - | ||
326 | - | ||
327 | - | ||
328 | - | ||
329 | - | ||
330 | - | of | |
331 | - | ||
332 | - | ||
333 | - | ||
334 | - | ||
335 | - | ||
336 | - | ||
337 | - | ||
310 | + | person has been previously suspended or if he or she has 201 | |
311 | + | previously been fined under s. 32 7.35215 as a result of a 202 | |
312 | + | refusal to submit to a test or tests required under this chapter 203 | |
313 | + | or chapter 327, and must shall also be told that if he or she 204 | |
314 | + | refuses to submit to a lawful test of his or her urine and his 205 | |
315 | + | or her driving privilege has been previou sly suspended or if he 206 | |
316 | + | or she has previously been fined under s. 327.35215 for a prior 207 | |
317 | + | refusal to submit to a lawful test of his or her breath, urine, 208 | |
318 | + | or blood as required under this chapter or chapter 327 , he or 209 | |
319 | + | she commits a misdemeanor of the second first degree, punishable 210 | |
320 | + | as provided in s. 775.082 or s. 775.083, or a misdemeanor of the 211 | |
321 | + | first degree, punishable as provided in s. 775.082 or s. 212 | |
322 | + | 775.083, if his or her driving privilege has been previously 213 | |
323 | + | suspended or if he or she has previously been fined under s. 214 | |
324 | + | 327.35215 for a prior refusal to submit to a lawful test of his 215 | |
325 | + | or her breath, urine, or blood as required under this chapter or 216 | |
326 | + | chapter 327, in addition to any other penalties provided by law. 217 | |
327 | + | The refusal to submit to a urine test upon the reque st of a law 218 | |
328 | + | enforcement officer as provided in this section is admissible 219 | |
329 | + | into evidence in any criminal proceeding. 220 | |
330 | + | 2. The Alcohol Testing Program within the Department of 221 | |
331 | + | Law Enforcement is responsible for the regulation of the 222 | |
332 | + | operation, inspection, an d registration of breath test 223 | |
333 | + | instruments utilized under the driving and boating under the 224 | |
334 | + | influence provisions and related provisions located in this 225 | |
338 | 335 | ||
339 | - | ||
336 | + | HB 687 2025 | |
340 | 337 | ||
341 | 338 | ||
342 | 339 | ||
343 | 340 | CODING: Words stricken are deletions; words underlined are additions. | |
344 | - | hb687- | |
345 | - | Page 10 of | |
341 | + | hb687-00 | |
342 | + | Page 10 of 46 | |
346 | 343 | 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 | |
347 | 344 | ||
348 | 345 | ||
349 | 346 | ||
350 | - | ||
351 | - | ||
352 | - | ||
353 | - | ||
354 | - | ||
355 | - | ||
356 | - | ||
357 | - | ||
358 | - | ||
359 | - | ||
360 | - | | |
361 | - | ||
362 | - | ||
363 | - | ||
364 | - | ||
365 | - | ||
366 | - | ||
367 | - | ||
368 | - | ||
369 | - | ||
370 | - | ||
371 | - | ||
372 | - | ||
373 | - | | |
374 | - | ||
347 | + | chapter and chapters 322 and 327. The program is responsible for 226 | |
348 | + | the regulation of the individuals who op erate, inspect, and 227 | |
349 | + | instruct on the breath test instruments utilized in the driving 228 | |
350 | + | and boating under the influence provisions and related 229 | |
351 | + | provisions located in this chapter and chapters 322 and 327. The 230 | |
352 | + | program is further responsible for the regulation of blood 231 | |
353 | + | analysts who conduct blood testing to be utilized under the 232 | |
354 | + | driving and boating under the influence provisions and related 233 | |
355 | + | provisions located in this chapter and chapters 322 and 327. The 234 | |
356 | + | program shall: 235 | |
357 | + | a. Establish uniform criteria for the issuan ce of permits 236 | |
358 | + | to breath test operators, agency inspectors, instructors, blood 237 | |
359 | + | analysts, and instruments. 238 | |
360 | + | b. Have the authority to permit breath test operators, 239 | |
361 | + | agency inspectors, instructors, blood analysts, and instruments. 240 | |
362 | + | c. Have the authority to di scipline and suspend, revoke, 241 | |
363 | + | or renew the permits of breath test operators, agency 242 | |
364 | + | inspectors, instructors, blood analysts, and instruments. 243 | |
365 | + | d. Establish uniform requirements for instruction and 244 | |
366 | + | curricula for the operation and inspection of approved 245 | |
367 | + | instruments. 246 | |
368 | + | e. Have the authority to specify one approved curriculum 247 | |
369 | + | for the operation and inspection of approved instruments. 248 | |
370 | + | f. Establish a procedure for the approval of breath test 249 | |
371 | + | operator and agency inspector classes. 250 | |
375 | 372 | ||
376 | - | ||
373 | + | HB 687 2025 | |
377 | 374 | ||
378 | 375 | ||
379 | 376 | ||
380 | 377 | CODING: Words stricken are deletions; words underlined are additions. | |
381 | - | hb687- | |
382 | - | Page 11 of | |
378 | + | hb687-00 | |
379 | + | Page 11 of 46 | |
383 | 380 | 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 | |
384 | 381 | ||
385 | 382 | ||
386 | 383 | ||
387 | - | ||
388 | - | ||
389 | - | ||
390 | - | ||
391 | - | ||
392 | - | ||
393 | - | of | |
394 | - | ||
395 | - | ||
396 | - | ||
397 | - | ||
398 | - | ||
399 | - | ||
400 | - | ||
401 | - | ||
402 | - | ||
403 | - | ||
404 | - | ||
405 | - | | |
406 | - | ||
407 | - | ||
408 | - | ||
409 | - | ||
410 | - | ||
411 | - | ||
384 | + | g. Have the authority to appr ove or disapprove breath test 251 | |
385 | + | instruments and accompanying paraphernalia for use pursuant to 252 | |
386 | + | the driving and boating under the influence provisions and 253 | |
387 | + | related provisions located in this chapter and chapters 322 and 254 | |
388 | + | 327. 255 | |
389 | + | h. With the approval of the execu tive director of the 256 | |
390 | + | Department of Law Enforcement, make and enter into contracts and 257 | |
391 | + | agreements with other agencies, organizations, associations, 258 | |
392 | + | corporations, individuals, or federal agencies as are necessary, 259 | |
393 | + | expedient, or incidental to the performance of duties. 260 | |
394 | + | i. Issue final orders which include findings of fact and 261 | |
395 | + | conclusions of law and which constitute final agency action for 262 | |
396 | + | the purpose of chapter 120. 263 | |
397 | + | j. Enforce compliance with this section through civil or 264 | |
398 | + | administrative proceedings. 265 | |
399 | + | k. Make recommendations concerning any matter within the 266 | |
400 | + | purview of this section, this chapter, chapter 322, or chapter 267 | |
401 | + | 327. 268 | |
402 | + | l. Adopt Promulgate rules for the administration and 269 | |
403 | + | implementation of this section, including definitions of terms. 270 | |
404 | + | m. Consult and cooperate with other entities for the 271 | |
405 | + | purpose of implementing the mandates of this section. 272 | |
406 | + | n. Have the authority to approve the type of blood test 273 | |
407 | + | utilized under the driving and boating under the influence 274 | |
408 | + | provisions and related provisions located in this chapter and 275 | |
412 | 409 | ||
413 | - | ||
410 | + | HB 687 2025 | |
414 | 411 | ||
415 | 412 | ||
416 | 413 | ||
417 | 414 | CODING: Words stricken are deletions; words underlined are additions. | |
418 | - | hb687- | |
419 | - | Page 12 of | |
415 | + | hb687-00 | |
416 | + | Page 12 of 46 | |
420 | 417 | 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 | |
421 | 418 | ||
422 | 419 | ||
423 | 420 | ||
424 | - | ||
425 | - | ||
426 | - | ||
427 | - | ||
428 | - | ||
429 | - | | |
430 | - | ||
431 | - | ||
432 | - | | |
433 | - | ||
434 | - | ||
435 | - | ||
436 | - | ||
437 | - | ||
438 | - | ||
439 | - | ||
440 | - | ||
441 | - | ||
442 | - | ||
443 | - | ||
444 | - | ||
445 | - | ||
446 | - | ||
447 | - | ||
448 | - | ||
421 | + | chapters 322 and 327. 276 | |
422 | + | o. Have the authority to specify techniques and method s 277 | |
423 | + | for breath alcohol testing and blood testing utilized under the 278 | |
424 | + | driving and boating under the influence provisions and related 279 | |
425 | + | provisions located in this chapter and chapters 322 and 327. 280 | |
426 | + | p. Have the authority to approve repair facilities for the 281 | |
427 | + | approved breath test instruments, including the authority to set 282 | |
428 | + | criteria for approval. 283 | |
429 | + | 284 | |
430 | + | Nothing in this section shall be construed to supersede 285 | |
431 | + | provisions in this chapter and chapters 322 and 327. The 286 | |
432 | + | specifications in this section are derived from the power a nd 287 | |
433 | + | authority previously and currently possessed by the Department 288 | |
434 | + | of Law Enforcement and are enumerated to conform with the 289 | |
435 | + | mandates of chapter 99 -379, Laws of Florida. 290 | |
436 | + | (c) A person who accepts the privilege extended by the 291 | |
437 | + | laws of this state of operatin g a motor vehicle within this 292 | |
438 | + | state is, by operating such vehicle, deemed to have given his or 293 | |
439 | + | her consent to submit to an approved blood test for the purpose 294 | |
440 | + | of determining the alcoholic content of the blood or a blood 295 | |
441 | + | test for the purpose of determining the presence of chemical 296 | |
442 | + | substances, or controlled substances , or impairing substances as 297 | |
443 | + | provided in this section if there is reasonable cause to believe 298 | |
444 | + | the person was driving or in actual physical control of a motor 299 | |
445 | + | vehicle while under the influence of alcoholic beverages or 300 | |
449 | 446 | ||
450 | - | ||
447 | + | HB 687 2025 | |
451 | 448 | ||
452 | 449 | ||
453 | 450 | ||
454 | 451 | CODING: Words stricken are deletions; words underlined are additions. | |
455 | - | hb687- | |
456 | - | Page 13 of | |
452 | + | hb687-00 | |
453 | + | Page 13 of 46 | |
457 | 454 | 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 | |
458 | 455 | ||
459 | 456 | ||
460 | 457 | ||
461 | - | ||
462 | - | other | |
463 | - | ||
464 | - | ||
465 | - | ||
466 | - | ||
467 | - | ||
468 | - | ||
469 | - | ||
470 | - | ||
471 | - | ||
472 | - | ||
473 | - | ||
474 | - | ||
475 | - | ||
476 | - | ||
477 | - | ||
478 | - | ||
479 | - | ||
480 | - | ||
481 | - | ||
482 | - | ||
483 | - | ||
484 | - | ||
485 | - | ||
458 | + | chemical, or controlled, or impairing substances and the person 301 | |
459 | + | appears for treatment at a hospital, clinic, or other medical 302 | |
460 | + | facility and the administration of a breath or urine test is 303 | |
461 | + | impractical or impossible. As used in this par agraph, the term 304 | |
462 | + | "other medical facility" includes an ambulance or other medical 305 | |
463 | + | emergency vehicle. The blood test shall be performed in a 306 | |
464 | + | reasonable manner. A person who is incapable of refusal by 307 | |
465 | + | reason of unconsciousness or other mental or physical cond ition 308 | |
466 | + | is deemed not to have withdrawn his or her consent to such test. 309 | |
467 | + | A blood test may be administered whether or not the person is 310 | |
468 | + | told that his or her failure to submit to such a blood test will 311 | |
469 | + | result in the suspension of the person's privilege to oper ate a 312 | |
470 | + | motor vehicle upon the public highways of this state and that a 313 | |
471 | + | refusal to submit to a lawful test of his or her blood, if his 314 | |
472 | + | or her driving privilege has been previously suspended for 315 | |
473 | + | refusal to submit to a lawful test of his or her breath, urine, 316 | |
474 | + | or blood, is a misdemeanor. A person who is capable of refusal 317 | |
475 | + | shall be told that his or her failure to submit to such a blood 318 | |
476 | + | test will result in the suspension of the person's privilege to 319 | |
477 | + | operate a motor vehicle for a period of 1 year for a first 320 | |
478 | + | refusal, or for a period of 18 months if the driving privilege 321 | |
479 | + | of the person has been suspended previously or if he or she has 322 | |
480 | + | previously been fined under s. 327.35215 as a result of a 323 | |
481 | + | refusal to submit to a test or tests required under this chapter 324 | |
482 | + | or chapter 327. The refusal to submit to a blood test upon the 325 | |
486 | 483 | ||
487 | - | ||
484 | + | HB 687 2025 | |
488 | 485 | ||
489 | 486 | ||
490 | 487 | ||
491 | 488 | CODING: Words stricken are deletions; words underlined are additions. | |
492 | - | hb687- | |
493 | - | Page 14 of | |
489 | + | hb687-00 | |
490 | + | Page 14 of 46 | |
494 | 491 | 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 | |
495 | 492 | ||
496 | 493 | ||
497 | 494 | ||
498 | - | ||
499 | - | ||
500 | - | ||
501 | - | ||
502 | - | ||
503 | - | ||
504 | - | ||
505 | - | ||
506 | - | ||
507 | - | ||
508 | - | ||
509 | - | ||
510 | - | ||
511 | - | ||
512 | - | ||
513 | - | ||
514 | - | ||
515 | - | ||
516 | - | or | |
517 | - | ||
518 | - | ||
519 | - | person | |
520 | - | ||
521 | - | ||
522 | - | ||
495 | + | request of a law enforcement officer is admissible in evidence 326 | |
496 | + | in any criminal proceeding. 327 | |
497 | + | Section 5. Paragraph (a) of subsection (1), paragraph (a) 328 | |
498 | + | of subsection (2), paragraph (b) of subsection (3), and 329 | |
499 | + | subsection (4) of section 316.1933, Florida Statutes, are 330 | |
500 | + | amended to read: 331 | |
501 | + | 316.1933 Blood test for impairment or intoxication in 332 | |
502 | + | cases of death or serious bodily injury; right to use reasonable 333 | |
503 | + | force.— 334 | |
504 | + | (1)(a) If a law enforcement officer has probab le cause to 335 | |
505 | + | believe that a motor vehicle driven by or in the actual physical 336 | |
506 | + | control of a person under the influence of alcoholic beverages, 337 | |
507 | + | any chemical substances, or any controlled substances , or any 338 | |
508 | + | impairing substances has caused the death or serious bodily 339 | |
509 | + | injury of a human being, a law enforcement officer shall require 340 | |
510 | + | the person driving or in actual physical control of the motor 341 | |
511 | + | vehicle to submit to a test of the person's blood for the 342 | |
512 | + | purpose of determining the alcoholic content thereof or the 343 | |
513 | + | presence of chemical substances as set forth in s. 877.111 , or 344 | |
514 | + | any substances substance controlled under chapter 893 , or any 345 | |
515 | + | impairing substances . The law enforcement officer may use 346 | |
516 | + | reasonable force if necessary to require such person to submit 347 | |
517 | + | to the administration of the blood test. The blood test shall be 348 | |
518 | + | performed in a reasonable manner. Notwithstanding s. 316.1932, 349 | |
519 | + | the testing required by this paragraph need not be incidental to 350 | |
523 | 520 | ||
524 | - | ||
521 | + | HB 687 2025 | |
525 | 522 | ||
526 | 523 | ||
527 | 524 | ||
528 | 525 | CODING: Words stricken are deletions; words underlined are additions. | |
529 | - | hb687- | |
530 | - | Page 15 of | |
526 | + | hb687-00 | |
527 | + | Page 15 of 46 | |
531 | 528 | 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 | |
532 | 529 | ||
533 | 530 | ||
534 | 531 | ||
535 | - | ||
536 | - | | |
537 | - | ||
538 | - | ||
539 | - | ||
540 | - | ||
541 | - | ||
542 | - | ||
543 | - | ||
544 | - | ||
545 | - | ||
546 | - | ||
547 | - | ||
548 | - | ||
549 | - | ||
550 | - | ||
551 | - | ||
552 | - | ||
553 | - | ||
554 | - | ||
555 | - | ||
556 | - | ||
557 | - | ||
558 | - | ||
559 | - | ||
532 | + | a lawful arrest of the person. 351 | |
533 | + | (2)(a) Only a physician, certified paramedic , registered 352 | |
534 | + | nurse, licensed practical nurse, other personnel authorized by a 353 | |
535 | + | hospital to draw blood, or duly licensed clinical laboratory 354 | |
536 | + | director, supervisor, technologist, or technician, acting at the 355 | |
537 | + | request of a law enforcement officer, may withdraw b lood for the 356 | |
538 | + | purpose of determining the alcoholic content thereof or the 357 | |
539 | + | presence of chemical substances , or controlled substances , or 358 | |
540 | + | impairing substances therein. However, the failure of a law 359 | |
541 | + | enforcement officer to request the withdrawal of blood shall not 360 | |
542 | + | affect the admissibility of a test of blood withdrawn for 361 | |
543 | + | medical purposes. 362 | |
544 | + | 1. Notwithstanding any provision of law pertaining to the 363 | |
545 | + | confidentiality of hospital records or other medical records, if 364 | |
546 | + | a health care provider, who is providing medical ca re in a 365 | |
547 | + | health care facility to a person injured in a motor vehicle 366 | |
548 | + | crash, becomes aware, as a result of any blood test performed in 367 | |
549 | + | the course of that medical treatment, that the person's blood -368 | |
550 | + | alcohol level meets or exceeds the blood -alcohol level specif ied 369 | |
551 | + | in s. 316.193(1)(b), the health care provider may notify any law 370 | |
552 | + | enforcement officer or law enforcement agency. Any such notice 371 | |
553 | + | must be given within a reasonable time after the health care 372 | |
554 | + | provider receives the test result. Any such notice shall be use d 373 | |
555 | + | only for the purpose of providing the law enforcement officer 374 | |
556 | + | with reasonable cause to request the withdrawal of a blood 375 | |
560 | 557 | ||
561 | - | ||
558 | + | HB 687 2025 | |
562 | 559 | ||
563 | 560 | ||
564 | 561 | ||
565 | 562 | CODING: Words stricken are deletions; words underlined are additions. | |
566 | - | hb687- | |
567 | - | Page 16 of | |
563 | + | hb687-00 | |
564 | + | Page 16 of 46 | |
568 | 565 | 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 | |
569 | 566 | ||
570 | 567 | ||
571 | 568 | ||
572 | - | (b). | |
573 | - | 187 | |
574 | - | 893.13(2)(b) 1st Purchase in excess of 10 grams | |
575 | - | of any substance specified in | |
576 | - | s. 893.03(1)(a) or (b). | |
577 | - | 188 | |
578 | - | 893.13(6)(c) 1st Possess in excess of 10 grams | |
579 | - | of any substance specified in | |
580 | - | s. 893.03(1)(a) or (b). | |
581 | - | 189 | |
582 | - | 893.135(1)(a)2. 1st Trafficking in cannabis, more | |
583 | - | than 2,000 lbs., less than | |
584 | - | 10,000 lbs. | |
585 | - | 190 | |
586 | - | 893.135 | |
587 | - | (1)(b)1.b. | |
588 | - | 1st Trafficking in cocaine, more | |
589 | - | than 200 grams, less than 400 | |
590 | - | grams. | |
591 | - | 191 | |
592 | - | 893.135 | |
593 | - | (1)(c)1.b. | |
594 | - | 1st Trafficking in illegal drugs, | |
595 | - | more than 14 grams, less than | |
596 | - | 28 grams. | |
597 | - | 192 | |
598 | - | 893.135 | |
599 | - | (1)(c)2.c. | |
600 | - | 1st Trafficking in hydrocodone, 100 | |
601 | - | grams or more, less than 300 | |
602 | - | grams. | |
569 | + | sample pursuant to this section. 376 | |
570 | + | 2. The notice shall consist only of the name of the person 377 | |
571 | + | being treated, the name of the person w ho drew the blood, the 378 | |
572 | + | blood-alcohol level indicated by the test, and the date and time 379 | |
573 | + | of the administration of the test. 380 | |
574 | + | 3. Nothing contained in s. 395.3025(4), s. 456.057, or any 381 | |
575 | + | applicable practice act affects the authority to provide notice 382 | |
576 | + | under this section, and the health care provider is not 383 | |
577 | + | considered to have breached any duty owed to the person under s. 384 | |
578 | + | 395.3025(4), s. 456.057, or any applicable practice act by 385 | |
579 | + | providing notice or failing to provide notice. It shall not be a 386 | |
580 | + | breach of any ethical, moral, or legal duty for a health care 387 | |
581 | + | provider to provide notice or fail to provide notice. 388 | |
582 | + | 4. A civil, criminal, or administrative action may not be 389 | |
583 | + | brought against any person or health care provider participating 390 | |
584 | + | in good faith in the provision of notice or failure to provide 391 | |
585 | + | notice as provided in this section. Any person or health care 392 | |
586 | + | provider participating in the provision of notice or failure to 393 | |
587 | + | provide notice as provided in this section shall be immune from 394 | |
588 | + | any civil or criminal liability and f rom any professional 395 | |
589 | + | disciplinary action with respect to the provision of notice or 396 | |
590 | + | failure to provide notice under this section. Any such 397 | |
591 | + | participant has the same immunity with respect to participating 398 | |
592 | + | in any judicial proceedings resulting from the notice or failure 399 | |
593 | + | to provide notice. 400 | |
603 | 594 | ||
604 | - | ||
595 | + | HB 687 2025 | |
605 | 596 | ||
606 | 597 | ||
607 | 598 | ||
608 | 599 | CODING: Words stricken are deletions; words underlined are additions. | |
609 | - | hb687- | |
610 | - | Page 17 of | |
600 | + | hb687-00 | |
601 | + | Page 17 of 46 | |
611 | 602 | 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 | |
612 | 603 | ||
613 | 604 | ||
614 | 605 | ||
615 | - | 193 | |
616 | - | 893.135 | |
617 | - | (1)(c)3.c. | |
618 | - | 1st Trafficking in oxycodone, 25 | |
619 | - | grams or more, less than 100 | |
620 | - | grams. | |
621 | - | 194 | |
622 | - | 893.135 | |
623 | - | (1)(c)4.b.(II) | |
624 | - | 1st Trafficking in fentanyl, 14 | |
625 | - | grams or more, less than 28 | |
626 | - | grams. | |
627 | - | 195 | |
628 | - | 893.135 | |
629 | - | (1)(d)1.b. | |
630 | - | 1st Trafficking in phencyclidine, | |
631 | - | 200 grams or more, less than | |
632 | - | 400 grams. | |
633 | - | 196 | |
634 | - | 893.135 | |
635 | - | (1)(e)1.b. | |
636 | - | 1st Trafficking in methaqualone, 5 | |
637 | - | kilograms or more, less than 25 | |
638 | - | kilograms. | |
639 | - | 197 | |
640 | - | 893.135 | |
641 | - | (1)(f)1.b. | |
642 | - | 1st Trafficking in amphetamine, 28 | |
643 | - | grams or more, less than 200 | |
644 | - | grams. | |
645 | - | 198 | |
646 | - | 893.135 | |
647 | - | (1)(g)1.b. | |
648 | - | 1st Trafficking in flunitrazepam, | |
649 | - | 14 grams or more, less than 28 | |
650 | - | grams. | |
651 | - | 199 | |
606 | + | (3) 401 | |
607 | + | (b) The results of any test administered pursuant to this 402 | |
608 | + | section for the purpose of detecting the presence of any 403 | |
609 | + | controlled substance or impairing substance shall not be 404 | |
610 | + | admissible as evidence in a criminal prosecuti on for the 405 | |
611 | + | possession of a controlled substance or an impairing substance . 406 | |
612 | + | (4) Notwithstanding any provision of law pertaining to the 407 | |
613 | + | confidentiality of hospital records or other medical records, 408 | |
614 | + | information relating to the alcoholic content of the blood or 409 | |
615 | + | the presence of chemical substances , or controlled substances , 410 | |
616 | + | or impairing substances in the blood obtained pursuant to this 411 | |
617 | + | section shall be released to a court, prosecuting attorney, 412 | |
618 | + | defense attorney, or law enforcement officer in connection with 413 | |
619 | + | an alleged violation of s. 316.193 upon request for such 414 | |
620 | + | information. 415 | |
621 | + | Section 6. Subsections (1) and (2) of section 316.1934, 416 | |
622 | + | Florida Statutes, are amended to read: 417 | |
623 | + | 316.1934 Presumption of impairment; testing methods. — 418 | |
624 | + | (1) It is unlawful and punishab le as provided in chapter 419 | |
625 | + | 322 and in s. 316.193 for any person who is under the influence 420 | |
626 | + | of alcoholic beverages , or controlled substances, or impairing 421 | |
627 | + | substances, when affected to the extent that the person's normal 422 | |
628 | + | faculties are impaired or to the extent that the person is 423 | |
629 | + | deprived of full possession of normal faculties, to drive or be 424 | |
630 | + | in actual physical control of any motor vehicle within this 425 | |
652 | 631 | ||
653 | - | ||
632 | + | HB 687 2025 | |
654 | 633 | ||
655 | 634 | ||
656 | 635 | ||
657 | 636 | CODING: Words stricken are deletions; words underlined are additions. | |
658 | - | hb687- | |
659 | - | Page 18 of | |
637 | + | hb687-00 | |
638 | + | Page 18 of 46 | |
660 | 639 | 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 | |
661 | 640 | ||
662 | 641 | ||
663 | 642 | ||
664 | - | 893.135 | |
665 | - | (1)(h)1.b. | |
666 | - | 1st Trafficking in gamma - | |
667 | - | hydroxybutyric acid (GHB), 5 | |
668 | - | kilograms or more, less than 10 | |
669 | - | kilograms. | |
670 | - | 200 | |
671 | - | 893.135 | |
672 | - | (1)(j)1.b. | |
673 | - | 1st Trafficking in 1,4-Butanediol, | |
674 | - | 5 kilograms or more, less than | |
675 | - | 10 kilograms. | |
676 | - | 201 | |
677 | - | 893.135 | |
678 | - | (1)(k)2.b. | |
679 | - | 1st Trafficking in Phenethylamines, | |
680 | - | 200 grams or more, less than | |
681 | - | 400 grams. | |
682 | - | 202 | |
683 | - | 893.135 | |
684 | - | (1)(m)2.c. | |
685 | - | 1st Trafficking in synthetic | |
686 | - | cannabinoids, 1,000 grams or | |
687 | - | more, less than 30 kilograms. | |
688 | - | 203 | |
689 | - | 893.135 | |
690 | - | (1)(n)2.b. | |
691 | - | 1st Trafficking in n-benzyl | |
692 | - | phenethylamines, 100 grams or | |
693 | - | more, less than 200 grams. | |
694 | - | 204 | |
695 | - | 893.1351(3) 1st Possession of a place used to | |
696 | - | manufacture controlled | |
697 | - | substance when minor is present | |
698 | - | or resides there. | |
643 | + | state. Such normal faculties include, but are not limited to, 426 | |
644 | + | the ability to see, hear, walk, talk, judge distances, drive an 427 | |
645 | + | automobile, make judgments, act in emergencies, and, in general, 428 | |
646 | + | normally perform the many mental and physical acts of daily 429 | |
647 | + | life. 430 | |
648 | + | (2) At the trial of any civil or criminal action or 431 | |
649 | + | proceeding arising out of acts alleged to have been committed by 432 | |
650 | + | any person while driving, or in actual physical control of, a 433 | |
651 | + | vehicle while under the influence of alcoholic beverages , or 434 | |
652 | + | controlled substances, or impairing substances, when affected to 435 | |
653 | + | the extent that the person's normal faculties were impaired or 436 | |
654 | + | to the extent that he or she was deprived of full possession of 437 | |
655 | + | his or her normal faculties, the results of any test 438 | |
656 | + | administered in accordance with s. 316.1932 or s. 316.1933 and 439 | |
657 | + | this section are admissible into evidence when otherwise 440 | |
658 | + | admissible, and the amount of alcohol in the person's blood or 441 | |
659 | + | breath at the time alleged, as shown by chemical analysis of the 442 | |
660 | + | person's blood, or by chemical or physical test of the person's 443 | |
661 | + | breath, gives rise to the following presumptions: 444 | |
662 | + | (a) If there was at that time a blood -alcohol level or 445 | |
663 | + | breath-alcohol level of 0.05 or less, it is presumed that the 446 | |
664 | + | person was not under the influence of alcoholic beverages to the 447 | |
665 | + | extent that his or her normal faculties were impaired. 448 | |
666 | + | (b) If there was at that time a blood -alcohol level or 449 | |
667 | + | breath-alcohol level in excess of 0.05 but less than 0.08, that 450 | |
699 | 668 | ||
700 | - | ||
669 | + | HB 687 2025 | |
701 | 670 | ||
702 | 671 | ||
703 | 672 | ||
704 | 673 | CODING: Words stricken are deletions; words underlined are additions. | |
705 | - | hb687- | |
706 | - | Page 19 of | |
674 | + | hb687-00 | |
675 | + | Page 19 of 46 | |
707 | 676 | 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 | |
708 | 677 | ||
709 | 678 | ||
710 | 679 | ||
711 | - | ||
712 | - | ||
713 | - | ||
714 | - | ||
715 | - | ||
716 | - | ||
717 | - | ||
718 | - | ||
719 | - | ||
720 | - | ||
721 | - | ||
722 | - | ||
723 | - | ||
724 | - | ||
725 | - | ||
726 | - | ||
727 | - | ||
728 | - | ||
729 | - | ||
730 | - | ||
731 | - | ||
732 | - | ||
733 | - | ||
734 | - | ||
735 | - | ||
680 | + | fact does not give rise to any presumption that the person was 451 | |
681 | + | or was not under the influ ence of alcoholic beverages to the 452 | |
682 | + | extent that his or her normal faculties were impaired but may be 453 | |
683 | + | considered with other competent evidence in determining whether 454 | |
684 | + | the person was under the influence of alcoholic beverages to the 455 | |
685 | + | extent that his or her norm al faculties were impaired. 456 | |
686 | + | (c) If there was at that time a blood -alcohol level or 457 | |
687 | + | breath-alcohol level of 0.08 or higher, that fact is prima facie 458 | |
688 | + | evidence that the person was under the influence of alcoholic 459 | |
689 | + | beverages to the extent that his or her norm al faculties were 460 | |
690 | + | impaired. Moreover, such person who has a blood -alcohol level or 461 | |
691 | + | breath-alcohol level of 0.08 or higher is guilty of driving, or 462 | |
692 | + | being in actual physical control of, a motor vehicle, with an 463 | |
693 | + | unlawful blood-alcohol level or breath -alcohol level. 464 | |
694 | + | 465 | |
695 | + | The presumptions provided in this subsection do not limit the 466 | |
696 | + | introduction of any other competent evidence bearing upon the 467 | |
697 | + | question of whether the person was under the influence of 468 | |
698 | + | alcoholic beverages to the extent that his or her normal 469 | |
699 | + | faculties were impaired. 470 | |
700 | + | Section 7. Section 316.1939, Florida Statutes, is amended 471 | |
701 | + | to read: 472 | |
702 | + | 316.1939 Refusal to submit to testing; penalties. — 473 | |
703 | + | (1) A person who has refused to submit to a chemical or 474 | |
704 | + | physical test of his or her breath or urine, as described in s. 475 | |
736 | 705 | ||
737 | - | ||
706 | + | HB 687 2025 | |
738 | 707 | ||
739 | 708 | ||
740 | 709 | ||
741 | 710 | CODING: Words stricken are deletions; words underlined are additions. | |
742 | - | hb687- | |
743 | - | Page 20 of | |
711 | + | hb687-00 | |
712 | + | Page 20 of 46 | |
744 | 713 | 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 | |
745 | 714 | ||
746 | 715 | ||
747 | 716 | ||
748 | - | 210 | |
749 | - | (i) LEVEL 9 211 | |
750 | - | 212 | |
751 | - | Florida | |
752 | - | Statute | |
753 | - | Felony | |
754 | - | Degree Description | |
755 | - | 213 | |
756 | - | 316.193 | |
757 | - | (3)(c)3.b. | |
717 | + | 316.1932, commits a misdemeanor of the second degree, punishable 476 | |
718 | + | as provided in s. 775.082 or s. 775.083, in addition to any 477 | |
719 | + | other penalties provided by law, and such person whose driving 478 | |
720 | + | privilege was previously suspended or who was previously fined 479 | |
721 | + | under s. 327.35215 for a prior refusal to submit to a lawful 480 | |
722 | + | test of his or her breath, urine, or blood required under this 481 | |
723 | + | chapter or chapter 327 commits a misdemeanor of the first 482 | |
724 | + | degree, punishable as provided in s. 775.082 or s. 775.083, in 483 | |
725 | + | addition to any other penalties provided by law if all of the 484 | |
726 | + | following apply, and: 485 | |
727 | + | (a) Who The arresting law enforcement officer had probable 486 | |
728 | + | cause to believe that the person was driving or in actual 487 | |
729 | + | physical control of a motor vehicle in this state while under 488 | |
730 | + | the influence of alcoholic beverages, chemical substances, or 489 | |
731 | + | controlled substances , or impairing substances. ; 490 | |
732 | + | (b) The person Who was placed under lawful arrest for a 491 | |
733 | + | violation of s. 316.193 , unless such test was requested pursuant 492 | |
734 | + | to s. 316.1932(1)(c) .; 493 | |
735 | + | (c) The person Who was informed that, if he or she refused 494 | |
736 | + | to submit to such test, his or her privilege to operate a motor 495 | |
737 | + | vehicle would be suspended for a period of 1 year or, in the 496 | |
738 | + | case of a second or subsequent refusal, for a period of 18 497 | |
739 | + | months.; 498 | |
740 | + | (d) The person, after having been informed as required in 499 | |
741 | + | paragraph (c), still refuses Who was informed that a refusal to 500 | |
758 | 742 | ||
759 | - | 1st DUI manslaughter; failing to | |
760 | - | render aid or give information. | |
761 | - | 214 | |
762 | - | 316.193 | |
763 | - | (3)(c)3.c. | |
764 | - | 1st DUI manslaughter; prior | |
765 | - | conviction for DUI | |
766 | - | manslaughter, BUI manslaughter, | |
767 | - | vehicular homicide, or vessel | |
768 | - | homicide. | |
769 | - | 215 | |
770 | - | 327.35 | |
771 | - | (3)(c)3.b. | |
772 | - | 1st BUI manslaughter; failing to | |
773 | - | render aid or give information. | |
774 | - | 216 | |
775 | - | 327.35 | |
776 | - | (3)(c)3.c. | |
777 | - | 1st BUI manslaughter; prior | |
778 | - | conviction for DUI | |
779 | - | manslaughter, BUI manslaught er, | |
780 | - | vehicular homicide, or vessel | |
781 | - | homicide. | |
782 | - | 217 | |
783 | - | ||
784 | - | CS/HB 687 2025 | |
743 | + | HB 687 2025 | |
785 | 744 | ||
786 | 745 | ||
787 | 746 | ||
788 | 747 | CODING: Words stricken are deletions; words underlined are additions. | |
789 | - | hb687- | |
790 | - | Page 21 of | |
748 | + | hb687-00 | |
749 | + | Page 21 of 46 | |
791 | 750 | 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 | |
792 | 751 | ||
793 | 752 | ||
794 | 753 | ||
795 | - | 409.920 | |
796 | - | (2)(b)1.c. | |
797 | - | 1st Medicaid provider fraud; | |
798 | - | $50,000 or more. | |
799 | - | 218 | |
800 | - | 499.0051(8) 1st Knowing sale or purchase of | |
801 | - | contraband prescription drugs | |
802 | - | resulting in great bodily harm. | |
803 | - | 219 | |
804 | - | 560.123(8)(b)3. 1st Failure to report currency or | |
805 | - | payment instruments totaling or | |
806 | - | exceeding $100,000 by money | |
807 | - | transmitter. | |
808 | - | 220 | |
809 | - | 560.125(5)(c) 1st Money transmitter business by | |
810 | - | unauthorized person, currency, | |
811 | - | or payment instruments totaling | |
812 | - | or exceeding $100,000. | |
813 | - | 221 | |
814 | - | 655.50(10)(b)3. 1st Failure to report financial | |
815 | - | transactions totaling or | |
816 | - | exceeding $100,000 by financial | |
817 | - | institution. | |
818 | - | 222 | |
819 | - | 775.0844 1st Aggravated white collar crime. | |
820 | - | 223 | |
821 | - | 782.04(1) 1st Attempt, conspire, or solicit | |
754 | + | submit to a lawful test of his or her breath or urine as 501 | |
755 | + | described in s. 316.1932 , if his or her driving privilege has 502 | |
756 | + | been previously suspended or if he or she has previously been 503 | |
757 | + | fined under s. 327.35215 for a prior refusal to submit to a 504 | |
758 | + | lawful test of his or her breath, urine, or blood as require d 505 | |
759 | + | under this chapter or chapter 327, is a misdemeanor of the first 506 | |
760 | + | degree, punishable as provided in s. 775.082 or s. 775.083, in 507 | |
761 | + | addition to any other penalties provided by law; and 508 | |
762 | + | (e) Who, after having been so informed, refused to submit 509 | |
763 | + | to any such test when requested to do so by a law enforcement 510 | |
764 | + | officer or correctional officer 511 | |
765 | + | 512 | |
766 | + | commits a misdemeanor of the first degree and is subject to 513 | |
767 | + | punishment as provided in s. 775.082 or s. 775.083 . 514 | |
768 | + | (2) The disposition of any administrative proceeding that 515 | |
769 | + | relates to the suspension of a person's driving privilege does 516 | |
770 | + | not affect a criminal action under this section. 517 | |
771 | + | (3) The disposition of a criminal action under this 518 | |
772 | + | section does not affect any administrative proceeding that 519 | |
773 | + | relates to the suspension of a pe rson's driving privileg e. The 520 | |
774 | + | department's records showing that a person's license has been 521 | |
775 | + | previously suspended for a prior refusal to submit to a lawful 522 | |
776 | + | test of his or her breath, urine, or blood are shall be 523 | |
777 | + | admissible and create shall create a rebuttable presumption of 524 | |
778 | + | such suspension. 525 | |
822 | 779 | ||
823 | - | ||
780 | + | HB 687 2025 | |
824 | 781 | ||
825 | 782 | ||
826 | 783 | ||
827 | 784 | CODING: Words stricken are deletions; words underlined are additions. | |
828 | - | hb687- | |
829 | - | Page 22 of | |
785 | + | hb687-00 | |
786 | + | Page 22 of 46 | |
830 | 787 | 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 | |
831 | 788 | ||
832 | 789 | ||
833 | 790 | ||
834 | - | ||
835 | - | ||
836 | - | ||
837 | - | ||
838 | - | ||
839 | - | ||
840 | - | ||
841 | - | ||
842 | - | ||
843 | - | | |
844 | - | ||
845 | - | ||
846 | - | ||
847 | - | ||
848 | - | | |
849 | - | ||
850 | - | ||
851 | - | ||
852 | - | ||
853 | - | ||
854 | - | ||
855 | - | ||
856 | - | ||
857 | - | ||
858 | - | ||
791 | + | Section 8. Section 316.19395, Florida Statutes, is created 526 | |
792 | + | to read: 527 | |
793 | + | 316.19395 Driving under the influence diversion or similar 528 | |
794 | + | programs.— 529 | |
795 | + | (1) Any state attorney may create a driving under the 530 | |
796 | + | influence diversion p rogram or other program that results in the 531 | |
797 | + | dismissal of a charge. A state attorney who creates a program 532 | |
798 | + | under this section shall publish the terms and conditions of the 533 | |
799 | + | program on his or her office's website. 534 | |
800 | + | (2) Each state attorney who offers a progra m under this 535 | |
801 | + | section shall notify the department of each person who 536 | |
802 | + | successfully completes the program. The department shall notate 537 | |
803 | + | the successful completion of the program on the driving record 538 | |
804 | + | of each such person. 539 | |
805 | + | (3) A person who successfully complete s a program offered 540 | |
806 | + | under this section is ineligible for future participation in 541 | |
807 | + | such a program. 542 | |
808 | + | Section 9. Subsection (1) of section 316.656, Florida 543 | |
809 | + | Statutes, is amended to read: 544 | |
810 | + | 316.656 Mandatory adjudication; prohibition against 545 | |
811 | + | accepting plea to lesser included offense. — 546 | |
812 | + | (1) Notwithstanding the provisions of s. 948.01, a court 547 | |
813 | + | may not no court may suspend, defer, or withhold adjudication of 548 | |
814 | + | guilt or imposition of sentence for any violation of s. 316.193 549 | |
815 | + | or s. 316.1939, for manslaughter resulting from the operation of 550 | |
859 | 816 | ||
860 | - | ||
817 | + | HB 687 2025 | |
861 | 818 | ||
862 | 819 | ||
863 | 820 | ||
864 | 821 | CODING: Words stricken are deletions; words underlined are additions. | |
865 | - | hb687- | |
866 | - | Page 23 of | |
822 | + | hb687-00 | |
823 | + | Page 23 of 46 | |
867 | 824 | 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 | |
868 | 825 | ||
869 | 826 | ||
870 | 827 | ||
871 | - | ||
872 | - | | |
873 | - | ||
874 | - | ||
875 | - | ||
876 | - | ||
877 | - | ||
878 | - | ||
879 | - | ||
880 | - | ||
881 | - | ||
882 | - | ||
883 | - | ||
884 | - | ||
885 | - | ||
886 | - | ||
887 | - | ||
888 | - | ||
889 | - | ||
890 | - | ||
891 | - | ||
892 | - | ||
893 | - | ||
894 | - | | |
895 | - | ||
828 | + | a motor vehicle, or for vehicular homicide. 551 | |
829 | + | Section 10. Subsection (2) of section 322.34, Florida 552 | |
830 | + | Statutes, is amended to read: 553 | |
831 | + | 322.34 Driving while license suspended, revoked, canceled, 554 | |
832 | + | or disqualified.— 555 | |
833 | + | (2) Any person whose driver license or driving privilege 556 | |
834 | + | has been canceled, suspended, or revoked as provided by law, or 557 | |
835 | + | who does not have a driver license or driving privilege but is 558 | |
836 | + | under suspension or revocation equivalent status as defined in 559 | |
837 | + | s. 322.01(43), except persons defined in s. 322.264, who, 560 | |
838 | + | knowing of such cancellation, suspension, revocation, or 561 | |
839 | + | suspension or revocation equivalent status, drives any motor 562 | |
840 | + | vehicle upon the highways of this state while such license or 563 | |
841 | + | privilege is canceled, suspended, or revoked, or while under 564 | |
842 | + | suspension or revocation equivalent status, commits: 565 | |
843 | + | (a) A misdemeanor of the second degree, punishable as 566 | |
844 | + | provided in s. 775.082 or s. 775.083. 567 | |
845 | + | (b)1. A misdemeanor of the first degree, punishable as 568 | |
846 | + | provided in s. 775.082 or s. 775.083, upon a second or 569 | |
847 | + | subsequent conviction, except as provided in paragraph (c). 570 | |
848 | + | 2. A person convicted of a third or subsequent conviction, 571 | |
849 | + | except as provided in paragraph (c), must serve a minimum of 10 572 | |
850 | + | days in jail. 573 | |
851 | + | (c) A felony of the third degree, punishable as provided 574 | |
852 | + | in s. 775.082, s. 775.083, or s. 775.084, upon a third or 575 | |
896 | 853 | ||
897 | - | ||
854 | + | HB 687 2025 | |
898 | 855 | ||
899 | 856 | ||
900 | 857 | ||
901 | 858 | CODING: Words stricken are deletions; words underlined are additions. | |
902 | - | hb687- | |
903 | - | Page 24 of | |
859 | + | hb687-00 | |
860 | + | Page 24 of 46 | |
904 | 861 | 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 | |
905 | 862 | ||
906 | 863 | ||
907 | 864 | ||
908 | - | ||
909 | - | the | |
910 | - | ||
911 | - | ||
912 | - | ||
913 | - | ||
914 | - | ||
915 | - | ||
916 | - | ||
917 | - | ||
918 | - | ||
919 | - | ||
920 | - | ||
921 | - | ||
922 | - | ||
923 | - | ||
924 | - | ||
925 | - | ||
926 | - | ||
927 | - | ||
928 | - | ||
929 | - | ||
930 | - | ||
931 | - | ||
932 | - | ||
865 | + | subsequent conviction if the current violation of this section 576 | |
866 | + | or the most recent prior violation of the section is related to 577 | |
867 | + | driving while license ca nceled, suspended, revoked, or 578 | |
868 | + | suspension or revocation equivalent status resulting from a 579 | |
869 | + | violation of: 580 | |
870 | + | 1. Driving under the influence . A person to whom this 581 | |
871 | + | subparagraph applies must serve a minimum of 30 days in jail 582 | |
872 | + | upon a first conviction, a minimum of 60 days in jail upon a 583 | |
873 | + | second conviction, and a minimum of 90 days in jail upon a third 584 | |
874 | + | or subsequent conviction ; 585 | |
875 | + | 2. Refusal to submit to a urine, breath -alcohol, or blood 586 | |
876 | + | alcohol test. A person to whom this subparagraph applies must 587 | |
877 | + | serve a minimum of 30 days in jail upon a first conviction, a 588 | |
878 | + | minimum of 60 days in jail upon a second conviction, and a 589 | |
879 | + | minimum of 90 days in jail upon a third or subsequent 590 | |
880 | + | conviction; 591 | |
881 | + | 3. A traffic offense causing death or serious bodily 592 | |
882 | + | injury; or 593 | |
883 | + | 4. Fleeing or eluding. 594 | |
884 | + | 595 | |
885 | + | The element of knowledge is satisfied if the person has been 596 | |
886 | + | previously cited as provided in subsection (1); or the person 597 | |
887 | + | admits to knowledge of the cancellation, suspension, or 598 | |
888 | + | revocation, or suspension or revocation equivalent status; or 599 | |
889 | + | the person received notice as provided in subsection (4). There 600 | |
933 | 890 | ||
934 | - | ||
891 | + | HB 687 2025 | |
935 | 892 | ||
936 | 893 | ||
937 | 894 | ||
938 | 895 | CODING: Words stricken are deletions; words underlined are additions. | |
939 | - | hb687- | |
940 | - | Page 25 of | |
896 | + | hb687-00 | |
897 | + | Page 25 of 46 | |
941 | 898 | 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 | |
942 | 899 | ||
943 | 900 | ||
944 | 901 | ||
945 | - | ||
946 | - | ||
947 | - | ||
948 | - | ||
949 | - | ||
950 | - | ||
951 | - | | |
952 | - | ||
953 | - | ||
954 | - | ||
955 | - | ||
956 | - | ||
957 | - | ||
958 | - | ||
959 | - | ||
960 | - | ||
961 | - | ||
962 | - | ||
963 | - | ||
964 | - | ||
965 | - | ||
966 | - | or | |
967 | - | ||
968 | - | ||
969 | - | ||
902 | + | is shall be a rebuttable presumption that the knowledge 601 | |
903 | + | requirement is satisfied if a judgment or an order as provided 602 | |
904 | + | in subsection (4) appears in the department's records for any 603 | |
905 | + | case except for one involv ing a suspension by the department for 604 | |
906 | + | failure to pay a traffic fine or for a financial responsibility 605 | |
907 | + | violation. 606 | |
908 | + | Section 11. Subsection (1) of section 327.35, Florida 607 | |
909 | + | Statutes, is amended to read: 608 | |
910 | + | 327.35 Boating under the influence; penalties; "desi gnated 609 | |
911 | + | drivers."— 610 | |
912 | + | (1) A person commits is guilty of the offense of boating 611 | |
913 | + | under the influence and is subject to punishment as provided in 612 | |
914 | + | subsection (2) if the person is operating a vessel within this 613 | |
915 | + | state and: 614 | |
916 | + | (a) The person is under the influence o f alcoholic 615 | |
917 | + | beverages, any chemical substance set forth in s. 877.111, or 616 | |
918 | + | any substance controlled under chapter 893, or any impairing 617 | |
919 | + | substance when affected to the extent that the person's normal 618 | |
920 | + | faculties are impaired; 619 | |
921 | + | (b) The person has a blood -alcohol level of 0.08 or more 620 | |
922 | + | grams of alcohol per 100 milliliters of blood; or 621 | |
923 | + | (c) The person has a breath -alcohol level of 0.08 or more 622 | |
924 | + | grams of alcohol per 210 liters of breath. 623 | |
925 | + | Section 12. Subsection (1) of section 782.071, Florida 624 | |
926 | + | Statutes, is amended to read: 625 | |
970 | 927 | ||
971 | - | ||
928 | + | HB 687 2025 | |
972 | 929 | ||
973 | 930 | ||
974 | 931 | ||
975 | 932 | CODING: Words stricken are deletions; words underlined are additions. | |
976 | - | hb687- | |
977 | - | Page 26 of | |
933 | + | hb687-00 | |
934 | + | Page 26 of 46 | |
978 | 935 | 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 | |
979 | 936 | ||
980 | 937 | ||
981 | 938 | ||
982 | - | ||
983 | - | ||
984 | - | ||
985 | - | ||
986 | - | ||
987 | - | | |
988 | - | ||
989 | - | ||
990 | - | | |
991 | - | ||
992 | - | ||
993 | - | ||
994 | - | ||
995 | - | ||
996 | - | | |
997 | - | ||
998 | - | ||
999 | - | ||
1000 | - | ||
1001 | - | ||
1002 | - | | |
1003 | - | ||
1004 | - | ||
1005 | - | ||
1006 | - | ||
939 | + | 782.071 Vehicular homicide. —"Vehicular homicide" is the 626 | |
940 | + | killing of a human being, or the killing of an unborn child by 627 | |
941 | + | any injury to the mother, caused by the operation of a motor 628 | |
942 | + | vehicle by another in a reckless manner likely to cause the 629 | |
943 | + | death of, or great bodily harm to, another. 630 | |
944 | + | (1) Vehicular homicide is: 631 | |
945 | + | (a) A felony of the second degree, punishable as provided 632 | |
946 | + | in s. 775.082, s. 775.083, or s. 775.084. 633 | |
947 | + | (b) A felony of the first degree, punishable as provided 634 | |
948 | + | in s. 775.082, s. 775.083 , or s. 775.084, if: 635 | |
949 | + | 1. At the time of the accident, the person knew, or should 636 | |
950 | + | have known, that the accident occurred; and 637 | |
951 | + | 2. The person failed to give information and render aid as 638 | |
952 | + | required by s. 316.062. 639 | |
953 | + | (c) A felony of the first degree, punishabl e as provided 640 | |
954 | + | in s. 775.082, s. 775.083, or s. 775.084, if the person has a 641 | |
955 | + | prior conviction under this section or s. 316.193(3)(c)3. 642 | |
956 | + | 643 | |
957 | + | This paragraph does not require that the person knew that the 644 | |
958 | + | accident resulted in injury or death. 645 | |
959 | + | Section 13. Section 933.02, Florida Statutes, is amended 646 | |
960 | + | to read: 647 | |
961 | + | 933.02 Grounds for issuance of search warrant. —Upon proper 648 | |
962 | + | affidavits being made, a search warrant may be issued under the 649 | |
963 | + | provisions of this chapter upon any of the following grounds: 650 | |
1007 | 964 | ||
1008 | - | ||
965 | + | HB 687 2025 | |
1009 | 966 | ||
1010 | 967 | ||
1011 | 968 | ||
1012 | 969 | CODING: Words stricken are deletions; words underlined are additions. | |
1013 | - | hb687- | |
1014 | - | Page 27 of | |
970 | + | hb687-00 | |
971 | + | Page 27 of 46 | |
1015 | 972 | 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 | |
1016 | 973 | ||
1017 | 974 | ||
1018 | 975 | ||
1019 | - | 250 | |
1020 | - | 817.535(5)(b) 1st Filing false lien or other | |
1021 | - | unauthorized document; second | |
1022 | - | or subsequent offense; owner of | |
1023 | - | the property incurs financial | |
1024 | - | loss as a result of the false | |
1025 | - | instrument. | |
1026 | - | 251 | |
1027 | - | 817.568(7) 2nd, | |
1028 | - | PBL | |
1029 | - | Fraudulent use of personal | |
1030 | - | identification information of | |
1031 | - | an individual under the age of | |
1032 | - | 18 by his or her parent, legal | |
1033 | - | guardian, or person exercising | |
1034 | - | custodial authority. | |
1035 | - | 252 | |
1036 | - | 827.03(2)(a) 1st Aggravated child abuse. | |
1037 | - | 253 | |
1038 | - | 847.0145(1) 1st Selling, or otherwise | |
1039 | - | transferring custody or | |
1040 | - | control, of a minor. | |
1041 | - | 254 | |
1042 | - | 847.0145(2) 1st Purchasing, or otherwise | |
1043 | - | obtaining custody or control, | |
1044 | - | of a minor. | |
1045 | - | 255 | |
976 | + | (1) When the property shall have been stolen or embezzled 651 | |
977 | + | in violation of law; 652 | |
978 | + | (2) When any property shall have been used: 653 | |
979 | + | (a) As a means to commit any crime; 654 | |
980 | + | (b) In connection with gambling, gambling implements and 655 | |
981 | + | appliances; or 656 | |
982 | + | (c) In violation of s. 847.011 or o ther laws in reference 657 | |
983 | + | to obscene prints and literature; 658 | |
984 | + | (3) When any property constitutes evidence relevant to 659 | |
985 | + | proving that a felony has been committed; 660 | |
986 | + | (4) When any property is being held or possessed: 661 | |
987 | + | (a) In violation of any of the laws prohibitin g the 662 | |
988 | + | manufacture, sale, and transportation of intoxicating liquors; 663 | |
989 | + | (b) In violation of the fish and game laws; 664 | |
990 | + | (c) In violation of the laws relative to food and drug; or 665 | |
991 | + | (d) In violation of the laws relative to citrus disease 666 | |
992 | + | pursuant to s. 581.184; or 667 | |
993 | + | (5) When the laws in relation to cruelty to animals, as 668 | |
994 | + | provided in chapter 828, have been or are violated in any 669 | |
995 | + | particular building or place ; or. 670 | |
996 | + | (6) When a sample of the blood of a person constitutes 671 | |
997 | + | evidence relevant to proving that a violation of s. 316.193 or 672 | |
998 | + | s. 327.35 has been committed. 673 | |
999 | + | 674 | |
1000 | + | This section also applies to any papers or documents used as a 675 | |
1046 | 1001 | ||
1047 | - | ||
1002 | + | HB 687 2025 | |
1048 | 1003 | ||
1049 | 1004 | ||
1050 | 1005 | ||
1051 | 1006 | CODING: Words stricken are deletions; words underlined are additions. | |
1052 | - | hb687- | |
1053 | - | Page 28 of | |
1007 | + | hb687-00 | |
1008 | + | Page 28 of 46 | |
1054 | 1009 | 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 | |
1055 | 1010 | ||
1056 | 1011 | ||
1057 | 1012 | ||
1058 | - | 859.01 1st Poisoning or introducing | |
1059 | - | bacteria, radioactive | |
1060 | - | materials, viruses, or chemical | |
1061 | - | compounds into food, drink, | |
1062 | - | medicine, or water with intent | |
1063 | - | to kill or injure another | |
1064 | - | person. | |
1065 | - | 256 | |
1066 | - | 893.135 1st Attempted capital trafficking | |
1067 | - | offense. | |
1068 | - | 257 | |
1069 | - | 893.135(1)(a)3. 1st Trafficking in cannabis, more | |
1070 | - | than 10,000 lbs. | |
1071 | - | 258 | |
1072 | - | 893.135 | |
1073 | - | (1)(b)1.c. | |
1074 | - | 1st Trafficking in cocaine, more | |
1075 | - | than 400 grams, less than 150 | |
1076 | - | kilograms. | |
1077 | - | 259 | |
1078 | - | 893.135 | |
1079 | - | (1)(c)1.c. | |
1080 | - | 1st Trafficking in illegal drugs, | |
1081 | - | more than 28 grams, less than | |
1082 | - | 30 kilograms. | |
1083 | - | 260 | |
1084 | - | 893.135 | |
1085 | - | (1)(c)2.d. | |
1086 | - | 1st Trafficking in hydrocodone, 300 | |
1087 | - | grams or more, less than 30 | |
1088 | - | kilograms. | |
1013 | + | means of or in aid of the commission of any offense against the 676 | |
1014 | + | laws of the state. 677 | |
1015 | + | Section 14. Paragraph (a) of subsection (3) of section 678 | |
1016 | + | 316.306, Florida Statutes, is amended to read: 679 | |
1017 | + | 316.306 School and work zones; prohibition on the use of a 680 | |
1018 | + | wireless communications device in a handheld manner. — 681 | |
1019 | + | (3)(a)1. A person may not operate a motor vehicle while 682 | |
1020 | + | using a wireless communications device in a handheld manner in a 683 | |
1021 | + | designated school crossing, school zone, or work zone area as 684 | |
1022 | + | defined in s. 316.003 s. 316.003(112). This subparagraph shall 685 | |
1023 | + | only be applicable to wo rk zone areas if construction personnel 686 | |
1024 | + | are present or are operating equipment on the road or 687 | |
1025 | + | immediately adjacent to the work zone area. For the purposes of 688 | |
1026 | + | this paragraph, a motor vehicle that is stationary is not being 689 | |
1027 | + | operated and is not subject to the prohibition in this 690 | |
1028 | + | paragraph. 691 | |
1029 | + | 2. Effective January 1, 2020, A law enforcement officer 692 | |
1030 | + | may stop motor vehicles and issue citations to persons who are 693 | |
1031 | + | driving while using a wireless communications device in a 694 | |
1032 | + | handheld manner in violation of subparagraph 1. 695 | |
1033 | + | Section 15. Subsections (19) through (48) of section 696 | |
1034 | + | 327.02, Florida Statutes, are renumbered as subsections (20) 697 | |
1035 | + | through (49), respectively, and a new subsection (19) is added 698 | |
1036 | + | to that section to read: 699 | |
1037 | + | 327.02 Definitions. —As used in this chapter a nd in chapter 700 | |
1089 | 1038 | ||
1090 | - | ||
1039 | + | HB 687 2025 | |
1091 | 1040 | ||
1092 | 1041 | ||
1093 | 1042 | ||
1094 | 1043 | CODING: Words stricken are deletions; words underlined are additions. | |
1095 | - | hb687- | |
1096 | - | Page 29 of | |
1044 | + | hb687-00 | |
1045 | + | Page 29 of 46 | |
1097 | 1046 | 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 | |
1098 | 1047 | ||
1099 | 1048 | ||
1100 | 1049 | ||
1101 | - | 261 | |
1102 | - | 893.135 | |
1103 | - | (1)(c)3.d. | |
1104 | - | 1st Trafficking in oxycodone, 100 | |
1105 | - | grams or more, less than 30 | |
1106 | - | kilograms. | |
1107 | - | 262 | |
1108 | - | 893.135 | |
1050 | + | 328, unless the context clearly requires a different meaning, 701 | |
1051 | + | the term: 702 | |
1052 | + | (19) "Impairing substance" has the same meaning as in s. 703 | |
1053 | + | 316.003. 704 | |
1054 | + | Section 16. Subsection (1) and paragraph (a) of subsection 705 | |
1055 | + | (8) of section 327.35, Florida Statutes , are amended to read: 706 | |
1056 | + | 327.35 Boating under the influence; penalties; "designated 707 | |
1057 | + | drivers."— 708 | |
1058 | + | (1) A person commits is guilty of the offense of boating 709 | |
1059 | + | under the influence and is subject to punishment as provided in 710 | |
1060 | + | subsection (2) if the person is operat ing a vessel within this 711 | |
1061 | + | state and: 712 | |
1062 | + | (a) The person is under the influence of alcoholic 713 | |
1063 | + | beverages, any chemical substance set forth in s. 877.111, or 714 | |
1064 | + | any substance controlled under chapter 893, or any impairing 715 | |
1065 | + | substance when affected to the extent that t he person's normal 716 | |
1066 | + | faculties are impaired; 717 | |
1067 | + | (b) The person has a blood -alcohol level of 0.08 or more 718 | |
1068 | + | grams of alcohol per 100 milliliters of blood; or 719 | |
1069 | + | (c) The person has a breath -alcohol level of 0.08 or more 720 | |
1070 | + | grams of alcohol per 210 liters of breath. 721 | |
1071 | + | (8) A person who is arrested for a violation of this 722 | |
1072 | + | section may not be released from custody: 723 | |
1073 | + | (a) Until the person is no longer under the influence of 724 | |
1074 | + | alcoholic beverages, any chemical substance set forth in s. 725 | |
1109 | 1075 | ||
1110 | - | (1)(c)4.b.(III) | |
1111 | - | 1st Trafficking in fentanyl, 28 | |
1112 | - | grams or more. | |
1113 | - | 263 | |
1114 | - | 893.135 | |
1115 | - | (1)(d)1.c. | |
1116 | - | 1st Trafficking in phencyclidine, | |
1117 | - | 400 grams or more. | |
1118 | - | 264 | |
1119 | - | 893.135 | |
1120 | - | (1)(e)1.c. | |
1121 | - | 1st Trafficking in methaqualone, 25 | |
1122 | - | kilograms or more. | |
1123 | - | 265 | |
1124 | - | 893.135 | |
1125 | - | (1)(f)1.c. | |
1126 | - | 1st Trafficking in amphetamine, 200 | |
1127 | - | grams or more. | |
1128 | - | 266 | |
1129 | - | 893.135 | |
1130 | - | (1)(h)1.c. | |
1131 | - | 1st Trafficking in gamma- | |
1132 | - | hydroxybutyric acid (GHB), 10 | |
1133 | - | kilograms or more. | |
1134 | - | 267 | |
1135 | - | 893.135 | |
1136 | - | (1)(j)1.c. | |
1137 | - | 1st Trafficking in 1,4-Butanediol, | |
1138 | - | 10 kilograms or more. | |
1139 | - | 268 | |
1140 | - | ||
1141 | - | CS/HB 687 2025 | |
1076 | + | HB 687 2025 | |
1142 | 1077 | ||
1143 | 1078 | ||
1144 | 1079 | ||
1145 | 1080 | CODING: Words stricken are deletions; words underlined are additions. | |
1146 | - | hb687- | |
1147 | - | Page 30 of | |
1081 | + | hb687-00 | |
1082 | + | Page 30 of 46 | |
1148 | 1083 | 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 | |
1149 | 1084 | ||
1150 | 1085 | ||
1151 | 1086 | ||
1152 | - | 893.135 | |
1153 | - | (1)(k)2.c. | |
1154 | - | 1st Trafficking in Phenethylamines, | |
1155 | - | 400 grams or more. | |
1156 | - | 269 | |
1157 | - | 893.135 | |
1158 | - | (1)(m)2.d. | |
1159 | - | 1st Trafficking in synthetic | |
1160 | - | cannabinoids, 30 kilograms or | |
1161 | - | more. | |
1162 | - | 270 | |
1163 | - | 893.135 | |
1164 | - | (1)(n)2.c. | |
1165 | - | 1st Trafficking in n-benzyl | |
1166 | - | phenethylamines, 200 grams or | |
1167 | - | more. | |
1168 | - | 271 | |
1169 | - | 896.101(5)(c) 1st Money laundering, financial | |
1170 | - | instruments totaling or | |
1171 | - | exceeding $100,000. | |
1172 | - | 272 | |
1173 | - | 896.104(4)(a)3. 1st Structuring transactions to | |
1174 | - | evade reporting or registration | |
1175 | - | requirements, financial | |
1176 | - | transactions totaling or | |
1177 | - | exceeding $100,000. | |
1178 | - | 273 | |
1179 | - | Section 7. This act shall take effect October 1, 2025. 274 | |
1087 | + | 877.111, or any substance controlled unde r chapter 893, or any 726 | |
1088 | + | impairing substance and affected to the extent that his or her 727 | |
1089 | + | normal faculties are impaired; 728 | |
1090 | + | Section 17. Section 327.352, Florida Statutes, is amended 729 | |
1091 | + | to read: 730 | |
1092 | + | 327.352 Tests for alcohol and other, chemical substances, 731 | |
1093 | + | or controlled substances ; implied consent; refusal. — 732 | |
1094 | + | (1)(a)1. The Legislature declares that the operation of a 733 | |
1095 | + | vessel is a privilege that must be exercised in a reasonable 734 | |
1096 | + | manner. In order to protect the public health and safety, it is 735 | |
1097 | + | essential that a lawf ul and effective means of reducing the 736 | |
1098 | + | incidence of boating while impaired or intoxicated be 737 | |
1099 | + | established. Therefore, a person who accepts the privilege 738 | |
1100 | + | extended by the laws of this state of operating a vessel within 739 | |
1101 | + | this state is, by operating such vessel, deemed to have given 740 | |
1102 | + | his or her consent to submit to an approved chemical test or 741 | |
1103 | + | physical test including, but not limited to, an infrared light 742 | |
1104 | + | test of his or her breath for the purpose of determining the 743 | |
1105 | + | alcoholic content of his or her blood or breath i f the person is 744 | |
1106 | + | lawfully arrested for any offense allegedly committed while the 745 | |
1107 | + | person was operating a vessel while under the influence of 746 | |
1108 | + | alcoholic beverages. The chemical or physical breath test must 747 | |
1109 | + | be incidental to a lawful arrest and administered at t he request 748 | |
1110 | + | of a law enforcement officer who has reasonable cause to believe 749 | |
1111 | + | such person was operating the vessel within this state while 750 | |
1112 | + | ||
1113 | + | HB 687 2025 | |
1114 | + | ||
1115 | + | ||
1116 | + | ||
1117 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1118 | + | hb687-00 | |
1119 | + | Page 31 of 46 | |
1120 | + | 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 | |
1121 | + | ||
1122 | + | ||
1123 | + | ||
1124 | + | under the influence of alcoholic beverages. The administration 751 | |
1125 | + | of a breath test does not preclude the administration of another 752 | |
1126 | + | type of test. The person shall be told that his or her failure 753 | |
1127 | + | to submit to any lawful test of his or her breath under this 754 | |
1128 | + | chapter will result in a civil penalty of $500, and that if he 755 | |
1129 | + | or she refuses to submit to a lawful test of his or her brea th 756 | |
1130 | + | and he or she has been previously fined under s. 327.35215 or 757 | |
1131 | + | his or her driving privilege has been previously suspended for 758 | |
1132 | + | refusal to submit to any lawful test of his or her breath, 759 | |
1133 | + | urine, or blood, he or she commits a misdemeanor of the first 760 | |
1134 | + | degree, punishable as provided in s. 775.082 or s. 775.083, in 761 | |
1135 | + | addition to any other penalties provided by law. The refusal to 762 | |
1136 | + | submit to a chemical or physical breath test upon the request of 763 | |
1137 | + | a law enforcement officer as provided in this section is 764 | |
1138 | + | admissible into evidence in any criminal proceeding. 765 | |
1139 | + | 2. A person who accepts the privilege extended by the laws 766 | |
1140 | + | of this state of operating a vessel within this state is, by 767 | |
1141 | + | operating such vessel, deemed to have given his or her consent 768 | |
1142 | + | to submit to a urine test for th e purpose of detecting the 769 | |
1143 | + | presence of chemical substances as set forth in s. 877.111 , or 770 | |
1144 | + | controlled substances , or impairing substances if the person is 771 | |
1145 | + | lawfully arrested for any offense allegedly committed while the 772 | |
1146 | + | person was operating a vessel while un der the influence of 773 | |
1147 | + | chemical substances, or controlled substances , or impairing 774 | |
1148 | + | substances. The urine test must be incidental to a lawful arrest 775 | |
1149 | + | ||
1150 | + | HB 687 2025 | |
1151 | + | ||
1152 | + | ||
1153 | + | ||
1154 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1155 | + | hb687-00 | |
1156 | + | Page 32 of 46 | |
1157 | + | 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 | |
1158 | + | ||
1159 | + | ||
1160 | + | ||
1161 | + | and administered at a detention facility or any other facility, 776 | |
1162 | + | mobile or otherwise, which is equipped to admi nister such tests 777 | |
1163 | + | at the request of a law enforcement officer who has reasonable 778 | |
1164 | + | cause to believe such person was operating a vessel within this 779 | |
1165 | + | state while under the influence of chemical substances , or 780 | |
1166 | + | controlled substances , or impairing substances . The urine test 781 | |
1167 | + | must be administered at a detention facility or any other 782 | |
1168 | + | facility, mobile or otherwise, which is equipped to administer 783 | |
1169 | + | such test in a reasonable manner that will ensure the accuracy 784 | |
1170 | + | of the specimen and maintain the privacy of the individual 785 | |
1171 | + | involved. The administration of a urine test does not preclude 786 | |
1172 | + | the administration of another type of test. The person shall be 787 | |
1173 | + | told that his or her failure to submit to any lawful test of his 788 | |
1174 | + | or her urine under this chapter will result in a civil penalty 789 | |
1175 | + | of $500, and that if he or she refuses to submit to a lawful 790 | |
1176 | + | test of his or her urine and he or she has been previously fined 791 | |
1177 | + | under s. 327.35215 or his or her driving privilege has been 792 | |
1178 | + | previously suspended for refusal to submit to any lawful test of 793 | |
1179 | + | his or her breath, urine, or blood, he or she commits a 794 | |
1180 | + | misdemeanor of the first degree, punishable as provided in s. 795 | |
1181 | + | 775.082 or s. 775.083, in addition to any other penalties 796 | |
1182 | + | provided by law. The refusal to submit to a urine test upon the 797 | |
1183 | + | request of a law enforce ment officer as provided in this section 798 | |
1184 | + | is admissible into evidence in any criminal proceeding. 799 | |
1185 | + | (b)1. The blood-alcohol level must be based upon grams of 800 | |
1186 | + | ||
1187 | + | HB 687 2025 | |
1188 | + | ||
1189 | + | ||
1190 | + | ||
1191 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1192 | + | hb687-00 | |
1193 | + | Page 33 of 46 | |
1194 | + | 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 | |
1195 | + | ||
1196 | + | ||
1197 | + | ||
1198 | + | alcohol per 100 milliliters of blood. The breath -alcohol level 801 | |
1199 | + | must be based upon grams of alcohol per 210 liters of breath. 802 | |
1200 | + | 2. An analysis of a person's breath, in order to be 803 | |
1201 | + | considered valid under this section, must have been performed 804 | |
1202 | + | substantially according to methods approved by the Department of 805 | |
1203 | + | Law Enforcement. Any insubstantial differences be tween approved 806 | |
1204 | + | techniques and actual testing procedures in any individual case 807 | |
1205 | + | do not render the test or test results invalid. 808 | |
1206 | + | 3. The Alcohol Testing Program within the Department of 809 | |
1207 | + | Law Enforcement is responsible for the regulation of the 810 | |
1208 | + | operation, inspection, and registration of breath test 811 | |
1209 | + | instruments utilized under the driving and boating under the 812 | |
1210 | + | influence provisions and related provisions located in this 813 | |
1211 | + | chapter and chapters 316 and 322. The program is responsible for 814 | |
1212 | + | the regulation of the individ uals who operate, inspect, and 815 | |
1213 | + | instruct on the breath test instruments utilized in the driving 816 | |
1214 | + | and boating under the influence provisions and related 817 | |
1215 | + | provisions located in this chapter and chapters 316 and 322. The 818 | |
1216 | + | program is further responsible for the re gulation of blood 819 | |
1217 | + | analysts who conduct blood testing to be utilized under the 820 | |
1218 | + | driving and boating under the influence provisions and related 821 | |
1219 | + | provisions located in this chapter and chapters 316 and 322. The 822 | |
1220 | + | program shall: 823 | |
1221 | + | a. Establish uniform criteria for the issuance of permits 824 | |
1222 | + | to breath test operators, agency inspectors, instructors, blood 825 | |
1223 | + | ||
1224 | + | HB 687 2025 | |
1225 | + | ||
1226 | + | ||
1227 | + | ||
1228 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1229 | + | hb687-00 | |
1230 | + | Page 34 of 46 | |
1231 | + | 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 | |
1232 | + | ||
1233 | + | ||
1234 | + | ||
1235 | + | analysts, and instruments. 826 | |
1236 | + | b. Have the authority to permit breath test operators, 827 | |
1237 | + | agency inspectors, instructors, blood analysts, and instruments. 828 | |
1238 | + | c. Have the authority to discipline and suspend, revoke, 829 | |
1239 | + | or renew the permits of breath test operators, agency 830 | |
1240 | + | inspectors, instructors, blood analysts, and instruments. 831 | |
1241 | + | d. Establish uniform requirements for instruction and 832 | |
1242 | + | curricula for the operation and inspection of approved 833 | |
1243 | + | instruments. 834 | |
1244 | + | e. Have the authority to specify one approved curriculum 835 | |
1245 | + | for the operation and inspection of approved instruments. 836 | |
1246 | + | f. Establish a procedure for the approval of breath test 837 | |
1247 | + | operator and agency inspector classes. 838 | |
1248 | + | g. Have the authority to approve or disapprove breath test 839 | |
1249 | + | instruments and accompanying paraphernalia for use pursuant to 840 | |
1250 | + | the driving and boating under the influence provisions and 841 | |
1251 | + | related provisions located in this chapter and chapters 316 and 842 | |
1252 | + | 322. 843 | |
1253 | + | h. With the approval of the executive director of the 844 | |
1254 | + | Department of Law Enforcement, make and enter into contracts and 845 | |
1255 | + | agreements with other agencies, organizations, associations, 846 | |
1256 | + | corporations, individuals, or federal agencies as are necessary, 847 | |
1257 | + | expedient, or incidental to t he performance of duties. 848 | |
1258 | + | i. Issue final orders which include findings of fact and 849 | |
1259 | + | conclusions of law and which constitute final agency action for 850 | |
1260 | + | ||
1261 | + | HB 687 2025 | |
1262 | + | ||
1263 | + | ||
1264 | + | ||
1265 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1266 | + | hb687-00 | |
1267 | + | Page 35 of 46 | |
1268 | + | 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 | |
1269 | + | ||
1270 | + | ||
1271 | + | ||
1272 | + | the purpose of chapter 120. 851 | |
1273 | + | j. Enforce compliance with the provisions of this section 852 | |
1274 | + | through civil or administrative proceedings. 853 | |
1275 | + | k. Make recommendations concerning any matter within the 854 | |
1276 | + | purview of this section, this chapter, chapter 316, or chapter 855 | |
1277 | + | 322. 856 | |
1278 | + | l. Promulgate rules for the administration and 857 | |
1279 | + | implementation of this section, including definitions of terms. 858 | |
1280 | + | m. Consult and cooperate with other entities for the 859 | |
1281 | + | purpose of implementing the mandates of this section. 860 | |
1282 | + | n. Have the authority to approve the type of blood test 861 | |
1283 | + | utilized under the driving and boating under the influence 862 | |
1284 | + | provisions and relat ed provisions located in this chapter and 863 | |
1285 | + | chapters 316 and 322. 864 | |
1286 | + | o. Have the authority to specify techniques and methods 865 | |
1287 | + | for breath alcohol testing and blood testing utilized under the 866 | |
1288 | + | driving and boating under the influence provisions and related 867 | |
1289 | + | provisions located in this chapter and chapters 316 and 322. 868 | |
1290 | + | p. Have the authority to approve repair facilities for the 869 | |
1291 | + | approved breath test instruments, including the authority to set 870 | |
1292 | + | criteria for approval. 871 | |
1293 | + | 872 | |
1294 | + | Nothing in this section shall be construed to supers ede 873 | |
1295 | + | provisions in this chapter and chapters 316 and 322. The 874 | |
1296 | + | specifications in this section are derived from the power and 875 | |
1297 | + | ||
1298 | + | HB 687 2025 | |
1299 | + | ||
1300 | + | ||
1301 | + | ||
1302 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1303 | + | hb687-00 | |
1304 | + | Page 36 of 46 | |
1305 | + | 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 | |
1306 | + | ||
1307 | + | ||
1308 | + | ||
1309 | + | authority previously and currently possessed by the Department 876 | |
1310 | + | of Law Enforcement and are enumerated to conform with the 877 | |
1311 | + | mandates of chapter 99-379, Laws of Florida. 878 | |
1312 | + | (c) A person who accepts the privilege extended by the 879 | |
1313 | + | laws of this state of operating a vessel within this state is, 880 | |
1314 | + | by operating such vessel, deemed to have given his or her 881 | |
1315 | + | consent to submit to an approved blood test f or the purpose of 882 | |
1316 | + | determining the alcoholic content of the blood or a blood test 883 | |
1317 | + | for the purpose of determining the presence of chemical 884 | |
1318 | + | substances, or controlled substances , or impairing substances as 885 | |
1319 | + | provided in this section if there is reasonable cause to believe 886 | |
1320 | + | the person was operating a vessel while under the influence of 887 | |
1321 | + | alcoholic beverages or chemical , or controlled, or impairing 888 | |
1322 | + | substances and the person appears for treatment at a hospital, 889 | |
1323 | + | clinic, or other medical facility and the administration o f a 890 | |
1324 | + | breath or urine test is impractical or impossible. As used in 891 | |
1325 | + | this paragraph, the term "other medical facility" includes an 892 | |
1326 | + | ambulance or other medical emergency vehicle. The blood test 893 | |
1327 | + | must be performed in a reasonable manner. A person who is 894 | |
1328 | + | incapable of refusal by reason of unconsciousness or other 895 | |
1329 | + | mental or physical condition is deemed not to have withdrawn his 896 | |
1330 | + | or her consent to such test. A person who is capable of refusal 897 | |
1331 | + | shall be told that his or her failure to submit to such a blood 898 | |
1332 | + | test will result in a civil penalty of $500. The refusal to 899 | |
1333 | + | submit to a blood test upon the request of a law enforcement 900 | |
1334 | + | ||
1335 | + | HB 687 2025 | |
1336 | + | ||
1337 | + | ||
1338 | + | ||
1339 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1340 | + | hb687-00 | |
1341 | + | Page 37 of 46 | |
1342 | + | 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 | |
1343 | + | ||
1344 | + | ||
1345 | + | ||
1346 | + | officer is admissible in evidence in any criminal proceeding. 901 | |
1347 | + | (d) If the arresting officer does not request a chemical 902 | |
1348 | + | or physical breath test of the person arrested for any offense 903 | |
1349 | + | allegedly committed while the person was operating a vessel 904 | |
1350 | + | while under the influence of alcoholic beverages , or controlled 905 | |
1351 | + | substances, or impairing substances, the person may request the 906 | |
1352 | + | arresting officer to have a chem ical or physical test made of 907 | |
1353 | + | the arrested person's breath or a test of the urine or blood for 908 | |
1354 | + | the purpose of determining the alcoholic content of the person's 909 | |
1355 | + | blood or breath or the presence of chemical substances , or 910 | |
1356 | + | controlled substances , or impairing substances; and, if so 911 | |
1357 | + | requested, the arresting officer shall have the test performed. 912 | |
1358 | + | (e)1. The tests determining the weight of alcohol in the 913 | |
1359 | + | defendant's blood or breath shall be administered at the request 914 | |
1360 | + | of a law enforcement officer substantially in accordance with 915 | |
1361 | + | rules of the Department of Law Enforcement. However, the failure 916 | |
1362 | + | of a law enforcement officer to request the withdrawal of blood 917 | |
1363 | + | does not affect the admissibility of a test of blood withdrawn 918 | |
1364 | + | for medical purposes. 919 | |
1365 | + | 2. Only a physician, cer tified paramedic, registered 920 | |
1366 | + | nurse, licensed practical nurse, other personnel authorized by a 921 | |
1367 | + | hospital to draw blood, or duly licensed clinical laboratory 922 | |
1368 | + | director, supervisor, technologist, or technician, acting at the 923 | |
1369 | + | request of a law enforcement officer , may withdraw blood for the 924 | |
1370 | + | purpose of determining its alcoholic content or the presence of 925 | |
1371 | + | ||
1372 | + | HB 687 2025 | |
1373 | + | ||
1374 | + | ||
1375 | + | ||
1376 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1377 | + | hb687-00 | |
1378 | + | Page 38 of 46 | |
1379 | + | 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 | |
1380 | + | ||
1381 | + | ||
1382 | + | ||
1383 | + | chemical substances, or controlled substances , or impairing 926 | |
1384 | + | substances therein. However, the failure of a law enforcement 927 | |
1385 | + | officer to request the withdrawal of bloo d does not affect the 928 | |
1386 | + | admissibility of a test of blood withdrawn for medical purposes. 929 | |
1387 | + | 3. The person tested may, at his or her own expense, have 930 | |
1388 | + | a physician, registered nurse, other personnel authorized by a 931 | |
1389 | + | hospital to draw blood, or duly licensed clini cal laboratory 932 | |
1390 | + | director, supervisor, technologist, or technician, or other 933 | |
1391 | + | person of his or her own choosing administer an independent test 934 | |
1392 | + | in addition to the test administered at the direction of the law 935 | |
1393 | + | enforcement officer for the purpose of determining the amount of 936 | |
1394 | + | alcohol in the person's blood or breath or the presence of 937 | |
1395 | + | chemical substances, or controlled substances , or impairing 938 | |
1396 | + | substances at the time alleged, as shown by chemical analysis of 939 | |
1397 | + | his or her blood or urine, or by chemical or physical test of 940 | |
1398 | + | his or her breath. The failure or inability to obtain an 941 | |
1399 | + | independent test by a person does not preclude the admissibility 942 | |
1400 | + | in evidence of the test taken at the direction of the law 943 | |
1401 | + | enforcement officer. The law enforcement officer shall not 944 | |
1402 | + | interfere with the person's opportunity to obtain the 945 | |
1403 | + | independent test and shall provide the person with timely 946 | |
1404 | + | telephone access to secure the test, but the burden is on the 947 | |
1405 | + | person to arrange and secure the test at the person's own 948 | |
1406 | + | expense. 949 | |
1407 | + | 4. Upon the request of the person tested, full information 950 | |
1408 | + | ||
1409 | + | HB 687 2025 | |
1410 | + | ||
1411 | + | ||
1412 | + | ||
1413 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1414 | + | hb687-00 | |
1415 | + | Page 39 of 46 | |
1416 | + | 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 | |
1417 | + | ||
1418 | + | ||
1419 | + | ||
1420 | + | concerning the results of the test taken at the direction of the 951 | |
1421 | + | law enforcement officer shall be made available to the person or 952 | |
1422 | + | his or her attorney. Full information is limited to the 953 | |
1423 | + | following: 954 | |
1424 | + | a. The type of test admi nistered and the procedures 955 | |
1425 | + | followed. 956 | |
1426 | + | b. The time of the collection of the blood or breath 957 | |
1427 | + | sample analyzed. 958 | |
1428 | + | c. The numerical results of the test indicating the 959 | |
1429 | + | alcohol content of the blood and breath. 960 | |
1430 | + | d. The type and status of any permit issued by th e 961 | |
1431 | + | Department of Law Enforcement which was held by the person who 962 | |
1432 | + | performed the test. 963 | |
1433 | + | e. If the test was administered by means of a breath 964 | |
1434 | + | testing instrument, the date of performance of the most recent 965 | |
1435 | + | required inspection of such instrument. 966 | |
1436 | + | 967 | |
1437 | + | Full information does not include manuals, schematics, or 968 | |
1438 | + | software of the instrument used to test the person or any other 969 | |
1439 | + | material that is not in the actual possession of the state. 970 | |
1440 | + | Additionally, full information does not include information in 971 | |
1441 | + | the possession of the m anufacturer of the test instrument. 972 | |
1442 | + | 5. A hospital, clinical laboratory, medical clinic, or 973 | |
1443 | + | similar medical institution or physician, certified paramedic, 974 | |
1444 | + | registered nurse, licensed practical nurse, other personnel 975 | |
1445 | + | ||
1446 | + | HB 687 2025 | |
1447 | + | ||
1448 | + | ||
1449 | + | ||
1450 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1451 | + | hb687-00 | |
1452 | + | Page 40 of 46 | |
1453 | + | 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 | |
1454 | + | ||
1455 | + | ||
1456 | + | ||
1457 | + | authorized by a hospital to draw blood, or duly licensed 976 | |
1458 | + | clinical laboratory director, supervisor, technologist, or 977 | |
1459 | + | technician, or other person assisting a law enforcement officer 978 | |
1460 | + | does not incur any civil or criminal liability as a result of 979 | |
1461 | + | the withdrawal or analysis of a blood or urine specime n, or the 980 | |
1462 | + | chemical or physical test of a person's breath pursuant to 981 | |
1463 | + | accepted medical standards when requested by a law enforcement 982 | |
1464 | + | officer, regardless of whether or not the subject resisted 983 | |
1465 | + | administration of the test. 984 | |
1466 | + | (2) The results of any test adminis tered pursuant to this 985 | |
1467 | + | section for the purpose of detecting the presence of any 986 | |
1468 | + | controlled substance shall not be admissible as evidence in a 987 | |
1469 | + | criminal prosecution for the possession of a controlled 988 | |
1470 | + | substance. 989 | |
1471 | + | (3) Notwithstanding any provision of law pert aining to the 990 | |
1472 | + | confidentiality of hospital records or other medical records, 991 | |
1473 | + | information relating to the alcoholic content of the blood or 992 | |
1474 | + | breath or the presence of chemical substances , or controlled 993 | |
1475 | + | substances, or impairing substances in the blood obtained 994 | |
1476 | + | pursuant to this section shall be released to a court, 995 | |
1477 | + | prosecuting attorney, defense attorney, or law enforcement 996 | |
1478 | + | officer in connection with an alleged violation of s. 327.35 997 | |
1479 | + | upon request for such information. 998 | |
1480 | + | Section 18. Paragraph (a) of subsection ( 1), paragraph (a) 999 | |
1481 | + | of subsection (2), paragraph (b) of subsection (3), and 1000 | |
1482 | + | ||
1483 | + | HB 687 2025 | |
1484 | + | ||
1485 | + | ||
1486 | + | ||
1487 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1488 | + | hb687-00 | |
1489 | + | Page 41 of 46 | |
1490 | + | 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 | |
1491 | + | ||
1492 | + | ||
1493 | + | ||
1494 | + | subsection (4) of section 327.353, Florida Statutes, are amended 1001 | |
1495 | + | to read: 1002 | |
1496 | + | 327.353 Blood test for impairment or intoxication in cases 1003 | |
1497 | + | of death or serious bodily injury; right to use reasonable 1004 | |
1498 | + | force.— 1005 | |
1499 | + | (1)(a) If a law enforcement officer has probable cause to 1006 | |
1500 | + | believe that a vessel operated by a person under the influence 1007 | |
1501 | + | of alcoholic beverages, any chemical substances, or any 1008 | |
1502 | + | controlled substances , or any impairing substances has caused 1009 | |
1503 | + | the death or serious bodily injury of a human being, a law 1010 | |
1504 | + | enforcement officer shall require the person operating or in 1011 | |
1505 | + | actual physical control of the vessel to submit to a test of the 1012 | |
1506 | + | person's blood for the purpose of determining the alcoholic 1013 | |
1507 | + | content thereof or the presence of chemical substances as set 1014 | |
1508 | + | forth in s. 877.111 or any substance controlled under chapter 1015 | |
1509 | + | 893. The law enforcement officer may use reasonable force if 1016 | |
1510 | + | necessary to require the person to submit to the administration 1017 | |
1511 | + | of the blood test. The blood test shall be performed in a 1018 | |
1512 | + | reasonable manner. Notwithstanding s. 327.352, the testing 1019 | |
1513 | + | required by this paragraph need not be incidental to a lawful 1020 | |
1514 | + | arrest of the person. 1021 | |
1515 | + | (2)(a) Only a physician, certified paramedic, registered 1022 | |
1516 | + | nurse, licensed practical nurse, other personnel authorized by a 1023 | |
1517 | + | hospital to draw blood, or duly licensed clinical laboratory 1024 | |
1518 | + | director, supervisor, technologist, or technician, acting at the 1025 | |
1519 | + | ||
1520 | + | HB 687 2025 | |
1521 | + | ||
1522 | + | ||
1523 | + | ||
1524 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1525 | + | hb687-00 | |
1526 | + | Page 42 of 46 | |
1527 | + | 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 | |
1528 | + | ||
1529 | + | ||
1530 | + | ||
1531 | + | request of a law enforcement officer, may withdraw blood for the 1026 | |
1532 | + | purpose of determining the alcoholic content thereof or the 1027 | |
1533 | + | presence of chemical substances , or controlled substances , or 1028 | |
1534 | + | impairing substances therein. However, the failure of a law 1029 | |
1535 | + | enforcement officer to request the withdrawal of blood shall not 1030 | |
1536 | + | affect the admissibility of a test of blood withdrawn for 1031 | |
1537 | + | medical purposes. 1032 | |
1538 | + | (3) 1033 | |
1539 | + | (b) The results of any test administered pursuant to this 1034 | |
1540 | + | section for the purpose of detecting the presence of any 1035 | |
1541 | + | controlled substance or impairing substance are not admissible 1036 | |
1542 | + | as evidence in a criminal prosecution for the possession of a 1037 | |
1543 | + | controlled substance. 1038 | |
1544 | + | (4) Notwithstanding any provision of law pertaining to the 1039 | |
1545 | + | confidentiality of hospital records or other medical records, 1040 | |
1546 | + | information relating to the alcoholic content of the blood or 1041 | |
1547 | + | the presence of chemical substances , or controlled substances , 1042 | |
1548 | + | or impairing substances in the blood obtained pursuant to this 1043 | |
1549 | + | section shall be released to a court, prosecuting attorney, 1044 | |
1550 | + | defense attorney, or law enforcement officer in connection with 1045 | |
1551 | + | an alleged violation of s. 327.35 upon request for such 1046 | |
1552 | + | information. 1047 | |
1553 | + | Section 19. Subsect ions (1) and (2) of section 327.354, 1048 | |
1554 | + | Florida Statutes, are amended to read: 1049 | |
1555 | + | 327.354 Presumption of impairment; testing methods. — 1050 | |
1556 | + | ||
1557 | + | HB 687 2025 | |
1558 | + | ||
1559 | + | ||
1560 | + | ||
1561 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1562 | + | hb687-00 | |
1563 | + | Page 43 of 46 | |
1564 | + | 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 | |
1565 | + | ||
1566 | + | ||
1567 | + | ||
1568 | + | (1) It is unlawful and punishable as provided in s. 327.35 1051 | |
1569 | + | for any person who is under the influence of alcoholic 1052 | |
1570 | + | beverages, or controlled substances, or impairing substances, 1053 | |
1571 | + | when affected to the extent that the person's normal faculties 1054 | |
1572 | + | are impaired or to the extent that the person is deprived of 1055 | |
1573 | + | full possession of normal faculties, to operate any vessel 1056 | |
1574 | + | within this state. S uch normal faculties include, but are not 1057 | |
1575 | + | limited to, the ability to see, hear, walk, talk, judge 1058 | |
1576 | + | distances, drive an automobile, make judgments, act in 1059 | |
1577 | + | emergencies, and, in general, normally perform the many mental 1060 | |
1578 | + | and physical acts of daily life. 1061 | |
1579 | + | (2) At the trial of any civil or criminal action or 1062 | |
1580 | + | proceeding arising out of acts alleged to have been committed by 1063 | |
1581 | + | any person while operating a vessel while under the influence of 1064 | |
1582 | + | alcoholic beverages, or controlled substances, or impairing 1065 | |
1583 | + | substances, when affected to the extent that the person's normal 1066 | |
1584 | + | faculties were impaired or to the extent that he or she was 1067 | |
1585 | + | deprived of full possession of his or her normal faculties, the 1068 | |
1586 | + | results of any test administered in accordance with s. 327.352 1069 | |
1587 | + | or s. 327.353 and this section are admissible into evidence when 1070 | |
1588 | + | otherwise admissible, and the amount of alcohol in the person's 1071 | |
1589 | + | blood or breath at the time alleged, as shown by chemical 1072 | |
1590 | + | analysis of the person's blood, or by chemical or physical test 1073 | |
1591 | + | of the person's breath, give s rise to the following 1074 | |
1592 | + | presumptions: 1075 | |
1593 | + | ||
1594 | + | HB 687 2025 | |
1595 | + | ||
1596 | + | ||
1597 | + | ||
1598 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1599 | + | hb687-00 | |
1600 | + | Page 44 of 46 | |
1601 | + | 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 | |
1602 | + | ||
1603 | + | ||
1604 | + | ||
1605 | + | (a) If there was at that time a blood -alcohol level or 1076 | |
1606 | + | breath-alcohol level of 0.05 or less, it is presumed that the 1077 | |
1607 | + | person was not under the influence of alcoholic beverages to the 1078 | |
1608 | + | extent that his or her normal facu lties were impaired. 1079 | |
1609 | + | (b) If there was at that time a blood -alcohol level or 1080 | |
1610 | + | breath-alcohol level in excess of 0.05 but less than 0.08, that 1081 | |
1611 | + | fact does not give rise to any presumption that the person was 1082 | |
1612 | + | or was not under the influence of alcoholic beverag es to the 1083 | |
1613 | + | extent that his or her normal faculties were impaired but may be 1084 | |
1614 | + | considered with other competent evidence in determining whether 1085 | |
1615 | + | the person was under the influence of alcoholic beverages to the 1086 | |
1616 | + | extent that his or her normal faculties were impaire d. 1087 | |
1617 | + | (c) If there was at that time a blood -alcohol level or 1088 | |
1618 | + | breath-alcohol level of 0.08 or higher, that fact is prima facie 1089 | |
1619 | + | evidence that the person was under the influence of alcoholic 1090 | |
1620 | + | beverages to the extent that his or her normal faculties were 1091 | |
1621 | + | impaired. Any person who operates a vessel and who has a blood -1092 | |
1622 | + | alcohol level or breath -alcohol level of 0.08 or higher is 1093 | |
1623 | + | guilty of operating a vessel with an unlawful blood -alcohol 1094 | |
1624 | + | level or breath-alcohol level. 1095 | |
1625 | + | 1096 | |
1626 | + | The presumptions provided in this subsection do n ot limit the 1097 | |
1627 | + | introduction of any other competent evidence bearing upon the 1098 | |
1628 | + | question of whether the person was under the influence of 1099 | |
1629 | + | alcoholic beverages to the extent that his or her normal 1100 | |
1630 | + | ||
1631 | + | HB 687 2025 | |
1632 | + | ||
1633 | + | ||
1634 | + | ||
1635 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1636 | + | hb687-00 | |
1637 | + | Page 45 of 46 | |
1638 | + | 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 | |
1639 | + | ||
1640 | + | ||
1641 | + | ||
1642 | + | faculties were impaired. 1101 | |
1643 | + | Section 20. Subsection (1) of section 327.359, Florida 1102 | |
1644 | + | Statutes, is amended to read: 1103 | |
1645 | + | 327.359 Refusal to submit to testing; penalties. —A person 1104 | |
1646 | + | who has refused to submit to a chemical or physical test of his 1105 | |
1647 | + | or her breath or urine, as described in s. 327.352, and who has 1106 | |
1648 | + | been previously fine d under s. 327.35215 or has previously had 1107 | |
1649 | + | his or her driver license suspended for refusal to submit to a 1108 | |
1650 | + | lawful test of his or her breath, urine, or blood, and: 1109 | |
1651 | + | (1) Who the arresting law enforcement officer had probable 1110 | |
1652 | + | cause to believe was operating or in actual physical control of 1111 | |
1653 | + | a vessel in this state while under the influence of alcoholic 1112 | |
1654 | + | beverages, chemical substances, or controlled substances , or 1113 | |
1655 | + | impairing substances ; 1114 | |
1656 | + | 1115 | |
1657 | + | commits a misdemeanor of the first degree, punishable as 1116 | |
1658 | + | provided in s. 775.082 or s. 775.083. 1117 | |
1659 | + | Section 21. Subsection (8) of section 327.53, Florida 1118 | |
1660 | + | Statutes, is amended to read: 1119 | |
1661 | + | 327.53 Marine sanitation. — 1120 | |
1662 | + | (8) The owner or operator of a live -aboard vessel as 1121 | |
1663 | + | defined in s. 327.02 s. 327.02(23), or a houseboat as defined in 1122 | |
1664 | + | s. 327.02 s. 327.02(17), that is equipped with a marine 1123 | |
1665 | + | sanitation device must maintain a record of the date of each 1124 | |
1666 | + | pumpout of the marine sanitation device and the location of the 1125 | |
1667 | + | ||
1668 | + | HB 687 2025 | |
1669 | + | ||
1670 | + | ||
1671 | + | ||
1672 | + | CODING: Words stricken are deletions; words underlined are additions. | |
1673 | + | hb687-00 | |
1674 | + | Page 46 of 46 | |
1675 | + | 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 | |
1676 | + | ||
1677 | + | ||
1678 | + | ||
1679 | + | pumpout station or waste reception facility. Each record must be 1126 | |
1680 | + | maintained for 1 year after the date of the pumpout. This 1127 | |
1681 | + | subsection does not apply to marine compost toilets that process 1128 | |
1682 | + | and manage human waste using marine compost toilet technologies 1129 | |
1683 | + | that comply with United States Coast Guard requirements. 1130 | |
1684 | + | Section 22. Subsectio n (1) of section 655.960, Florida 1131 | |
1685 | + | Statutes, is amended to read: 1132 | |
1686 | + | 655.960 Definitions; ss. 655.960 -655.965.—As used in this 1133 | |
1687 | + | section and ss. 655.961 -655.965, unless the context otherwise 1134 | |
1688 | + | requires: 1135 | |
1689 | + | (1) "Access area" means any paved walkway or sidewalk 1136 | |
1690 | + | which is within 50 feet of any automated teller machine. The 1137 | |
1691 | + | term does not include any street or highway open to the use of 1138 | |
1692 | + | the public, as defined in s. 316.003(91)(a) or (b) s. 1139 | |
1693 | + | 316.003(90)(a) or (b) , including any adjacent sidewalk, as 1140 | |
1694 | + | defined in s. 316.003. 1141 | |
1695 | + | Section 23. This act shall take effect October 1, 2025. 1142 |