Florida 2025 2025 Regular Session

Florida House Bill H1371 Introduced / Bill

Filed 02/27/2025

                       
 
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A bill to be entitled 1 
An act relating to criminal justice; creating s. 2 
316.2675, F.S.; prohibiting the use of a motor vehicle 3 
kill switch; providing an exception; providing 4 
criminal penalties; amending s. 321.04, F.S.; 5 
providing for retention by the Florida Highway Patrol 6 
of certain reimbursement funds paid by patrol 7 
officers; amending s. 775.0823, F.S.; providing a 8 
minimum mandatory sentence for attempted murder of 9 
specified justice system personnel; amending s. 10 
782.065, F.S.; providing that a person convicted of 11 
manslaughter of a specified officer while he or she 12 
was engaged in his or her duties shall be sentenced to 13 
life in prison without possibility of release; 14 
amending s. 790.051, F.S.; providing correctional 15 
probation officers with the same firearms rights as 16 
law enforcement officers; amending s. 790.052, F.S.; 17 
providing that specified persons may carry weapons on 18 
the same basis as law enforcement officers; amending 19 
s. 817.49, F.S.; providing increased criminal 20 
penalties for making a false report of a crime; 21 
providing policies concerning enforcement; creating s. 22 
943.0413, F.S.; creating the Critical Infrastructure 23 
Mapping Grant Program within the Department of Law 24 
Enforcement; specifying which entities are eligible to 25     
 
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receive funding to map certain critical infrastructure 26 
locations; specifying eligible locations; specifying 27 
requirements for such maps; authorizing rulemaking; 28 
amending s. 943.135, F.S.; providing that certified 29 
law enforcement officers who are not actively employed 30 
by law enforcement agencies may retain their 31 
certification by complying with certification 32 
requirements; amending s. 943.1718, F.S.; prohibiting 33 
the use of artificial intelligence for specified 34 
purposes in conjunction with data from first responder 35 
body cameras; amending s. 951.27, F.S.; requiring 36 
certain testing of an arrestee and provision of test 37 
results to a first responder or criminal justice 38 
professional who has been exposed to bodily fluids or 39 
bloodborne pathogens from the arrestee; requiring a 40 
first responder or criminal justice professional 41 
exposed to a potential communicable disease or 42 
bloodborne pathogen by an arrestee to provide a notice 43 
of the exposure to the detention facility; authorizing 44 
the first responder or criminal justice professional 45 
to obtain blood testing results according to cert ain 46 
provisions; providing an effective dates. 47 
 48 
Be It Enacted by the Legislature of the State of Florida: 49 
 50     
 
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 Section 1.  Section 316.2675, Florida Statutes, is created 51 
to read: 52 
 316.2675  Motor vehicle kill switches; prohibited uses. — 53 
 (1)  A device that permits a person other than the person 54 
in physical control of a motor vehicle to shut off the vehicle's 55 
engine or prevent the engine from starting may not be used 56 
except by a law enforcement officer in the course of his or her 57 
duties in order to prevent the commission of a felony. 58 
 (2)  A person who violates subsection (1) commits a 59 
misdemeanor of the second degree, punishable as provided in s. 60 
775.082 or s. 775.083. 61 
 Section 2.  Subsection (6) is added to section 321.04, 62 
Florida Statutes, to read: 63 
 321.04  Personnel of the highway patrol; rank 64 
classifications; probationary status of new patrol officers; 65 
subsistence; special assignments. — 66 
 (6)  When patrol officers repay mileage for off -duty uses 67 
of official vehicles, such funds may not be deposited in the 68 
General Revenue fund and shall be retained by the Florida 69 
Highway Patrol for its use. 70 
 Section 3.  Subsection (2) of section 775.0823, Florida 71 
Statutes, is amended to read: 72 
 775.0823  Violent offenses committed against specified 73 
justice system person nel.—The Legislature does hereby provide 74 
for an increase and certainty of penalty for any person 75     
 
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convicted of a violent offense against any law enforcement or 76 
correctional officer, as defined in s. 943.10(1), (2), (3), (6), 77 
(7), (8), or (9); against any st ate attorney elected pursuant to 78 
s. 27.01 or assistant state attorney appointed under s. 27.181; 79 
against any public defender elected pursuant to s. 27.50 or 80 
regional counsel appointed pursuant to s. 27.511(3); against any 81 
court-appointed counsel appointed under s. 27.40 or defense 82 
attorney in a criminal proceeding; or against any justice or 83 
judge of a court described in Art. V of the State Constitution, 84 
which offense arises out of or in the scope of the officer's 85 
duty as a law enforcement or correctional of ficer, the state 86 
attorney's or assistant state attorney's duty as a prosecutor or 87 
investigator, the public defender or regional counsel acting in 88 
his or her capacity as defense counsel, the court -appointed 89 
counsel or defense attorney in a criminal proceedi ng acting in 90 
his or her capacity as defense counsel, or the justice's or 91 
judge's duty as a judicial officer, as follows: 92 
 (2)  For attempted murder in the first degree as described 93 
in s. 782.04(1), a sentence pursuant to s. 775.082, s. 775.083, 94 
or s. 775.084 with a mandatory minimum sentence of 25 years 95 
imprisonment. 96 
 97 
Notwithstanding s. 948.01, with respect to any person who is 98 
found to have violated this section, adjudication of guilt or 99 
imposition of sentence shall not be suspended, deferred, or 100     
 
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withheld. 101 
 Section 4.  Section 782.065, Florida Statutes, is amended 102 
to read: 103 
 782.065  Murder; law enforcement officer, correctional 104 
officer, correctional probation officer. —Notwithstanding ss. 105 
775.082, 775.0823, 782.04, 782.051, and chapter 921, a defendant 106 
shall be sentenced to life imprisonment without eligibility for 107 
release upon findings by the trier of fact that, beyond a 108 
reasonable doubt: 109 
 (1)  The defendant committed murder in the first degree in 110 
violation of s. 782.04(1) and a death sentence was not i mposed; 111 
murder in the second or third degree in violation of s. 112 
782.04(2), (3), or (4); attempted murder in the first or second 113 
degree in violation of s. 782.04(1)(a)1. or (2); or attempted 114 
felony murder in violation of s. 782.051 ; or manslaughter in 115 
violation of s. 782.07; and 116 
 (2)  The victim of any offense described in subsection (1) 117 
was a law enforcement officer, part -time law enforcement 118 
officer, auxiliary law enforcement officer, correctional 119 
officer, part-time correctional officer, auxiliary correcti onal 120 
officer, correctional probation officer, part -time correctional 121 
probation officer, or auxiliary correctional probation officer, 122 
as those terms are defined in s. 943.10, engaged in the lawful 123 
performance of a legal duty. 124 
 Section 5.  Section 790.051, Florida Statutes, is amended 125     
 
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to read: 126 
 790.051  Exemption from licensing requirements; law 127 
enforcement officers. —Law enforcement officers and correctional 128 
probation officers, as defined in s. 943.10(3), are exempt from 129 
the licensing and penal provisions o f this chapter when acting 130 
at any time within the scope or course of their official duties 131 
or when acting at any time in the line of or performance of 132 
duty. 133 
 Section 6.  Paragraph (a) of subsection (1) of section 134 
790.052, Florida Statutes, is amended to read: 135 
 790.052  Carrying concealed firearms; off -duty law 136 
enforcement officers. — 137 
 (1)(a)  All persons holding active certifications from the 138 
Criminal Justice Standards and Training Commission as law 139 
enforcement officers or correctional officers as defined in s. 140 
943.10(1), (2), (6), (7), (8), or (9) , all judges, and all state 141 
attorneys and assistant state attorneys shall have the right to 142 
carry, on or about their persons, concealed firearms, during 143 
off-duty hours, at the discretion of their superior officers , 144 
and may perform those law enforcement functions that they 145 
normally perform during duty hours, utilizing their weapons in a 146 
manner which is reasonably expected of on -duty officers in 147 
similar situations. 148 
 Section 7.  Section 817.49, Florida Statutes, is amended to 149 
read: 150     
 
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 817.49  False reports of commission of crimes; penalty. — 151 
 (1)  Except as provided in subsection (2), whoever 152 
willfully imparts, conveys, or causes to be imparted or conveyed 153 
to a law enforcement officer or employee of a public safety 154 
agency false information or reports concerning the alleged 155 
commission of any crime under the laws of this state, knowing 156 
such information or report to be false, when no such crime has 157 
actually been committed, commits a felony misdemeanor of the 158 
third first degree, punishable as provided in s. 775.082 , or s. 159 
775.083, or s. 775.084. 160 
 (2)(a)  As used in this section, the term "public safety 161 
agency" means a law enforcement agency, professional or 162 
volunteer fire department, emergency medical service, ambulance 163 
service, or other public entity that dispatches or provides 164 
first responder services to respond to crimes, to assist victims 165 
of crimes, or to apprehend offenders. 166 
 (b)  If the willful making of a false report of a crime as 167 
set forth in this section results in a response by a federal, 168 
state, district, municipal, or other public safety agency and 169 
the response results in: 170 
 1.  Great bodily harm, permanent disfigurement, or 171 
permanent disability to any person as a proximate result of 172 
lawful conduct arising out of a r esponse, the person making such 173 
report commits a felony of the second third degree, punishable 174 
as provided in s. 775.082, s. 775.083, or s. 775.084. 175     
 
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 2.  Death to any person as a proximate result of lawful 176 
conduct arising out of a response, the person maki ng such report 177 
commits a felony of the first second degree, punishable as 178 
provided in s. 775.082, s. 775.083, or s. 775.084. 179 
 (3)  State attorneys shall vigorously prosecute persons 180 
charged with making a false report of a crime. If probable cause 181 
exists to charge an individual, charges must be filed and a 182 
physical arrest initiated, if possible. 183 
 (4)(3) A court shall order any person convicted of 184 
violating this section to pay restitution, which shall include 185 
full payment for any cost incurred by a respondin g public safety 186 
agency. 187 
 Section 8.  Effective July 1, 2025, section 943.0413, 188 
Florida Statutes, is created to read: 189 
 943.0413  Critical Infrastructure Mapping Grant Program. — 190 
 (1)(a)  The Critical Infrastructure Mapping Grant Program 191 
is created within the department to support the ongoing 192 
assessment of this state's vulnerability to, and ability to 193 
detect, prevent, prepare for, respond to, and recover from, acts 194 
of terrorism within or affecting this state. 195 
 (b)  The state, or any law enforcement agency, county, 196 
municipality, or other political subdivision of this state, or 197 
any agent thereof, which has constitutional or statutory 198 
authority to employ or appoint law enforcement officers is 199 
eligible to receive funding from the grant program to map 200     
 
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critical infrastructure locations that meet the requirements of 201 
this section. 202 
 (2)  Locations eligible for mapping using grant funds 203 
pursuant to this section include, but are not limited to, 204 
critical infrastructure as defined in s. 812.141, public 205 
gathering places, places of worship, and any other location 206 
deemed of high value to map in order to facilitate an emergency 207 
response. 208 
 (3)  Each map of such locations must be created in an 209 
electronic or digital format and must be provided to all local, 210 
state, and federal res ponding agencies that request such maps 211 
for use in responding to emergencies. Each map must satisfy all 212 
of the following requirements: 213 
 (a)  Be compatible with and integrate into the department's 214 
statewide database and be compatible with software platforms 215 
used by local, state, and federal public safety agencies that 216 
provide emergency services to the specific location for which 217 
the data is provided without requiring such agencies to purchase 218 
additional software or requiring a fee to view or access the 219 
data. 220 
 (b)  Be in a printable format and, if requested, be in a 221 
digital file format that can be integrated into interactive 222 
mobile platforms currently in use. 223 
 (c)  Be verified for accuracy by a walk -through of a 224 
building or the grounds. 225     
 
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 (d)  Be oriented to tr ue north. 226 
 (e)  Be overlaid on current aerial imagery. 227 
 (f)  Contain site-specific labeling that matches the 228 
structure of the building, including, but not limited to, room 229 
labels, hallway names, and external door or stairwell numbers 230 
and locations of hazards, critical utility locations, key boxes, 231 
automated external defibrillators, and trauma kits. 232 
 (g)  Contain site-specific labeling that matches the 233 
grounds, including, but not limited to, parking areas, 234 
surrounding roads, and neighboring properties. 235 
 (h)  Be overlaid with gridded x and y coordinates. 236 
 (4)  The department may adopt rules to administer this 237 
section. 238 
 Section 9.  Subsection (5) is added to section 943.135, 239 
Florida Statutes, to read: 240 
 943.135  Requirements for continued employment. — 241 
 (5)  A certified law enforcement officer who is not 242 
employed by a law enforcement agency may retain his or her 243 
certification as along as he or she otherwise complies with the 244 
requirements for certification, including compliance with 245 
continuing education requ irements. 246 
 Section 10.  Subsection (5) is added to section 943.1718, 247 
Florida Statutes, to read: 248 
 943.1718  Body cameras; policies and procedures. — 249 
 (5)  Artificial intelligence may not be used to review, 250     
 
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monitor, enhance, or otherwise interact with a bod y camera worn 251 
by a first responder, as defined in s. 112.1815(1), or any 252 
video, photograph, or other product produced with, through, or 253 
by such a body camera. 254 
 Section 11.  Section 951.27, Florida Statutes, is amended 255 
to read: 256 
 951.27  Blood tests of inm ates.— 257 
 (1)  Each county and each municipal detention facility 258 
shall have a written procedure developed, in consultation with 259 
the facility medical provider, establishing conditions under 260 
which an inmate will be tested for infectious disease, including 261 
human immunodeficiency virus pursuant to s. 775.0877, which 262 
procedure is consistent with guidelines of the Centers for 263 
Disease Control and Prevention and recommendations of the 264 
Correctional Medical Authority. It is not unlawful for the 265 
person receiving the tes t results to divulge the test results to 266 
the sheriff or chief correctional officer. These procedures 267 
shall include circumstances that warrant the immediate testing 268 
of an arrestee upon booking and shall require that testing 269 
results be provided to any first responder or criminal justice 270 
professional who has been exposed to bodily fluids or bloodborne 271 
pathogens from the arrestee. 272 
 (2)  Except as otherwise provided in this subsection, 273 
serologic blood test results obtained pursuant to subsection (1) 274 
are confidential and exempt from s. 119.07(1) and s. 24(a), Art. 275     
 
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I of the State Constitution. However, such results may be 276 
provided to employees or officers of the sheriff or chief 277 
correctional officer who are responsible for the custody and 278 
care of the affected inmat e and have a need to know such 279 
information, and as provided in ss. 775.0877 and 960.003. In 280 
addition, upon request of the victim or the victim's legal 281 
guardian, or the parent or legal guardian of the victim if the 282 
victim is a minor, the results of any HIV test performed on an 283 
inmate arrested for any sexual offense involving oral, anal, or 284 
female genital penetration by, or union with, the sexual organ 285 
of another, must be disclosed to the victim or the victim's 286 
legal guardian, or to the parent or legal guardi an of the victim 287 
if the victim is a minor. In such cases, the county or municipal 288 
detention facility shall furnish the test results to the 289 
Department of Health, which is responsible for disclosing the 290 
results to public health agencies as provided in s. 775 .0877 and 291 
to the victim or the victim's legal guardian, or the parent or 292 
legal guardian of the victim if the victim is a minor, as 293 
provided in s. 960.003(3). As used in this subsection, the term 294 
"female genitals" includes the labia minora, labia majora, 295 
clitoris, vulva, hymen, and vagina. 296 
 (3)  The results of any serologic blood test on an inmate 297 
are a part of that inmate's permanent medical file. Upon 298 
transfer of the inmate to any other correctional facility, such 299 
file is also transferred, and all relevant authorized persons 300     
 
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must be notified of positive HIV test results, as required in s. 301 
775.0877. 302 
 (4)  A first responder or criminal justice professional 303 
who, in the lawful performance of his or her duties, is exposed 304 
to a potential communicable disease or b loodborne pathogen by a 305 
subject that is arrested and booked into a county or municipal 306 
detention facility shall notice the detention facility upon 307 
booking or within 24 hours after the exposure. If the first 308 
responder or criminal justice professional is inc apacitated and 309 
cannot provide this notice, this responsibility falls upon his 310 
or her employing department. This notice shall invoke immediate 311 
testing of the inmate, if it has not already been done, 312 
according to the written procedures of the detention facil ity, 313 
and such testing is required before release of the inmate. The 314 
results of the testing shall be handled in accordance with s. 315 
775.0877(2). 316 
 Section 12. Except as otherwise provided in this act, this 317 
act shall take effect October 1, 2025. 318