Bill Text: FL S0138 | 2025 | Regular Session | Comm Sub
Bill Title: Driving and Boating Offenses
Spectrum: Bipartisan Bill
Status: (Introduced) 2025-02-13 - Now in Appropriations Committee on Criminal and Civil Justice [S0138 Detail]
Download: Florida-2025-S0138-Comm_Sub.html
Florida Senate - 2025 CS for SB 138
By the Committee on Criminal Justice; and Senator Wright
591-01945-25 2025138c1
1 A bill to be entitled
2 An act relating to driving and boating offenses;
3 providing a short title; amending s. 316.193, F.S.;
4 prohibiting a person from driving or being in actual
5 physical control of a vehicle while under the
6 influence of any intoxicating substance; providing
7 enhanced criminal penalties for violation of driving
8 under the influence if the person has a prior
9 conviction for a violation of specified provisions;
10 amending s. 316.1932, F.S.; requiring that a person be
11 told that his or her failure to submit to a lawful
12 test of breath or urine is a second degree misdemeanor
13 or a first degree misdemeanor under certain
14 circumstances; amending s. 316.1939, F.S.; classifying
15 a person’s refusal to submit to a chemical or physical
16 test of breath or urine as a second degree misdemeanor
17 or a first degree misdemeanor under certain
18 circumstances; creating s. 316.19395, F.S.;
19 authorizing judicial circuits to create driving under
20 the influence diversion programs; providing
21 requirements for such diversion programs; providing
22 that a person who successfully completes a diversion
23 program is ineligible for participation in such a
24 program in the future; amending s. 316.656, F.S.;
25 prohibiting a court from suspending, deferring, or
26 withholding adjudication of guilt or imposition of
27 sentence for a specified violation; amending s.
28 322.34, F.S.; providing penalties for specified
29 violations of driving while a license or driving
30 privilege is canceled, suspended, or revoked or under
31 suspension or revocation equivalent status; amending
32 s. 327.35, F.S.; prohibiting a person from operating a
33 vessel while under the influence of any intoxicating
34 substance; amending s. 933.02, F.S.; permitting the
35 issuance of a search warrant when a sample of blood of
36 a person constitutes evidence relevant to proving
37 specified crimes; amending s. 782.071, F.S.; providing
38 enhanced criminal penalties for a violation of
39 vehicular homicide if the person has a prior
40 conviction for a violation of specified provisions;
41 providing an effective date.
42
43 Be It Enacted by the Legislature of the State of Florida:
44
45 Section 1. This act may be cited as “Trenton’s Law.”
46 Section 2. Subsections (1) and (3) of section 316.193,
47 Florida Statutes, are amended, and subsection (2) of that
48 section is republished, to read:
49 316.193 Driving under the influence; penalties.—
50 (1) A person commits is guilty of the offense of driving
51 under the influence and is subject to punishment as provided in
52 subsection (2) if the person is driving or in actual physical
53 control of a vehicle within this state and:
54 (a) The person is under the influence of alcoholic
55 beverages, any chemical substance set forth in s. 877.111, or
56 any substance controlled under chapter 893, or any intoxicating
57 substance, when affected to the extent that the person’s normal
58 faculties are impaired;
59 (b) The person has a blood-alcohol level of 0.08 or more
60 grams of alcohol per 100 milliliters of blood; or
61 (c) The person has a breath-alcohol level of 0.08 or more
62 grams of alcohol per 210 liters of breath.
63 (2)(a) Except as provided in paragraph (b), subsection (3),
64 or subsection (4), any person who is convicted of a violation of
65 subsection (1) shall be punished:
66 1. By a fine of:
67 a. Not less than $500 or more than $1,000 for a first
68 conviction.
69 b. Not less than $1,000 or more than $2,000 for a second
70 conviction; and
71 2. By imprisonment for:
72 a. Not more than 6 months for a first conviction.
73 b. Not more than 9 months for a second conviction.
74 3. For a second conviction, by mandatory placement for a
75 period of at least 1 year, at the convicted person’s sole
76 expense, of an ignition interlock device approved by the
77 department in accordance with s. 316.1938 upon all vehicles that
78 are individually or jointly leased or owned and routinely
79 operated by the convicted person, when the convicted person
80 qualifies for a permanent or restricted license.
81
82 The portion of a fine imposed in excess of $500 pursuant to sub
83 subparagraph 1.a. and the portion of a fine imposed in excess of
84 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
85 the clerk to the Department of Revenue for deposit into the
86 General Revenue Fund.
87 (b)1. Any person who is convicted of a third violation of
88 this section for an offense that occurs within 10 years after a
89 prior conviction for a violation of this section commits a
90 felony of the third degree, punishable as provided in s.
91 775.082, s. 775.083, or s. 775.084. In addition, the court shall
92 order the mandatory placement for a period of not less than 2
93 years, at the convicted person’s sole expense, of an ignition
94 interlock device approved by the department in accordance with
95 s. 316.1938 upon all vehicles that are individually or jointly
96 leased or owned and routinely operated by the convicted person,
97 when the convicted person qualifies for a permanent or
98 restricted license.
99 2. Any person who is convicted of a third violation of this
100 section for an offense that occurs more than 10 years after the
101 date of a prior conviction for a violation of this section shall
102 be punished by a fine of not less than $2,000 or more than
103 $5,000 and by imprisonment for not more than 12 months. The
104 portion of a fine imposed in excess of $2,500 pursuant to this
105 subparagraph shall be remitted by the clerk to the Department of
106 Revenue for deposit into the General Revenue Fund. In addition,
107 the court shall order the mandatory placement for a period of at
108 least 2 years, at the convicted person’s sole expense, of an
109 ignition interlock device approved by the department in
110 accordance with s. 316.1938 upon all vehicles that are
111 individually or jointly leased or owned and routinely operated
112 by the convicted person, when the convicted person qualifies for
113 a permanent or restricted license.
114 3. Any person who is convicted of a fourth or subsequent
115 violation of this section, regardless of when any prior
116 conviction for a violation of this section occurred, commits a
117 felony of the third degree, punishable as provided in s.
118 775.082, s. 775.083, or s. 775.084. However, the fine imposed
119 for such fourth or subsequent violation may be not less than
120 $2,000. The portion of a fine imposed in excess of $1,000
121 pursuant to this subparagraph shall be remitted by the clerk to
122 the Department of Revenue for deposit into the General Revenue
123 Fund.
124 (c) In addition to the penalties in paragraph (a), the
125 court may order placement, at the convicted person’s sole
126 expense, of an ignition interlock device approved by the
127 department in accordance with s. 316.1938 for at least 6
128 continuous months upon all vehicles that are individually or
129 jointly leased or owned and routinely operated by the convicted
130 person if, at the time of the offense, the person had a blood
131 alcohol level or breath-alcohol level of .08 or higher.
132 (3) Any person:
133 (a) Who is in violation of subsection (1);
134 (b) Who operates a vehicle; and
135 (c) Who, by reason of such operation, causes or contributes
136 to causing:
137 1. Damage to the property or person of another commits a
138 misdemeanor of the first degree, punishable as provided in s.
139 775.082 or s. 775.083.
140 2. Serious bodily injury to another, as defined in s.
141 316.1933, commits a felony of the third degree, punishable as
142 provided in s. 775.082, s. 775.083, or s. 775.084.
143 3. The death of any human being or unborn child commits DUI
144 manslaughter, and commits:
145 a. A felony of the second degree, punishable as provided in
146 s. 775.082, s. 775.083, or s. 775.084.
147 b. A felony of the first degree, punishable as provided in
148 s. 775.082, s. 775.083, or s. 775.084, if:
149 (I) At the time of the crash, the person knew, or should
150 have known, that the crash occurred; and
151 (II) The person failed to give information and render aid
152 as required by s. 316.062.
153 c. A felony of the first degree, punishable as provided in
154 s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
155 conviction for a violation of this subparagraph or s. 782.071.
156
157 For purposes of this subsection, the term “unborn child” has the
158 same meaning as provided in s. 775.021(5). A person who is
159 convicted of DUI manslaughter shall be sentenced to a mandatory
160 minimum term of imprisonment of 4 years.
161 Section 3. Paragraph (a) of subsection (1) of section
162 316.1932, Florida Statutes, is amended to read:
163 316.1932 Tests for alcohol, chemical substances, or
164 controlled substances; implied consent; refusal.—
165 (1)(a)1.a. A person who accepts the privilege extended by
166 the laws of this state of operating a motor vehicle within this
167 state is, by operating such vehicle, deemed to have given his or
168 her consent to submit to an approved chemical test or physical
169 test including, but not limited to, an infrared light test of
170 his or her breath for the purpose of determining the alcoholic
171 content of his or her blood or breath if the person is lawfully
172 arrested for any offense allegedly committed while the person
173 was driving or was in actual physical control of a motor vehicle
174 while under the influence of alcoholic beverages. The chemical
175 or physical breath test must be incidental to a lawful arrest
176 and administered at the request of a law enforcement officer who
177 has reasonable cause to believe such person was driving or was
178 in actual physical control of the motor vehicle within this
179 state while under the influence of alcoholic beverages. The
180 administration of a breath test does not preclude the
181 administration of another type of test. The person must shall be
182 told that his or her failure to submit to any lawful test of his
183 or her breath will result in the suspension of his or her the
184 person’s privilege to operate a motor vehicle as provided in s.
185 322.2615(1)(a) for a period of 1 year for a first refusal, or
186 for a period of 18 months if the driving privilege of such
187 person has been previously suspended or if he or she has
188 previously been fined under s. 327.35215 as a result of a
189 refusal to submit to a test or tests required under this chapter
190 or chapter 327, and must shall also be told that if he or she
191 refuses to submit to a lawful test of his or her breath and his
192 or her driving privilege has been previously suspended or if he
193 or she has previously been fined under s. 327.35215 for a prior
194 refusal to submit to a lawful test of his or her breath, urine,
195 or blood as required under this chapter or chapter 327, he or
196 she commits a misdemeanor of the second first degree, punishable
197 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
198 first degree, punishable as provided in s. 775.082 or s.
199 775.083, if his or her driving privilege has been previously
200 suspended or if he or she has previously been fined under s.
201 327.35215 for a prior refusal to submit to a lawful test of his
202 or her breath, urine, or blood as required under this chapter or
203 chapter 327, in addition to any other penalties provided by law.
204 The refusal to submit to a chemical or physical breath test upon
205 the request of a law enforcement officer as provided in this
206 section is admissible into evidence in any criminal proceeding.
207 b. A person who accepts the privilege extended by the laws
208 of this state of operating a motor vehicle within this state is,
209 by operating such vehicle, deemed to have given his or her
210 consent to submit to a urine test for the purpose of detecting
211 the presence of chemical substances as set forth in s. 877.111
212 or controlled substances if the person is lawfully arrested for
213 any offense allegedly committed while the person was driving or
214 was in actual physical control of a motor vehicle while under
215 the influence of chemical substances or controlled substances.
216 The urine test must be incidental to a lawful arrest and
217 administered at a detention facility or any other facility,
218 mobile or otherwise, which is equipped to administer such tests
219 at the request of a law enforcement officer who has reasonable
220 cause to believe such person was driving or was in actual
221 physical control of a motor vehicle within this state while
222 under the influence of chemical substances or controlled
223 substances. The urine test must shall be administered at a
224 detention facility or any other facility, mobile or otherwise,
225 which is equipped to administer such test in a reasonable manner
226 that will ensure the accuracy of the specimen and maintain the
227 privacy of the individual involved. The administration of a
228 urine test does not preclude the administration of another type
229 of test. The person must shall be told that his or her failure
230 to submit to any lawful test of his or her urine will result in
231 the suspension of his or her the person’s privilege to operate a
232 motor vehicle for a period of 1 year for the first refusal, or
233 for a period of 18 months if the driving privilege of such
234 person has been previously suspended or if he or she has
235 previously been fined under s. 327.35215 as a result of a
236 refusal to submit to a test or tests required under this chapter
237 or chapter 327, and must shall also be told that if he or she
238 refuses to submit to a lawful test of his or her urine and his
239 or her driving privilege has been previously suspended or if he
240 or she has previously been fined under s. 327.35215 for a prior
241 refusal to submit to a lawful test of his or her breath, urine,
242 or blood as required under this chapter or chapter 327, he or
243 she commits a misdemeanor of the second first degree, punishable
244 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
245 first degree, punishable as provided in s. 775.082 or s.
246 775.083, if his or her driving privilege has been previously
247 suspended or if he or she has previously been fined under s.
248 327.35215 for a prior refusal to submit to a lawful test of his
249 or her breath, urine, or blood as required under this chapter or
250 chapter 327, in addition to any other penalties provided by law.
251 The refusal to submit to a urine test upon the request of a law
252 enforcement officer as provided in this section is admissible
253 into evidence in any criminal proceeding.
254 2. The Alcohol Testing Program within the Department of Law
255 Enforcement is responsible for the regulation of the operation,
256 inspection, and registration of breath test instruments utilized
257 under the driving and boating under the influence provisions and
258 related provisions located in this chapter and chapters 322 and
259 327. The program is responsible for the regulation of the
260 individuals who operate, inspect, and instruct on the breath
261 test instruments utilized in the driving and boating under the
262 influence provisions and related provisions located in this
263 chapter and chapters 322 and 327. The program is further
264 responsible for the regulation of blood analysts who conduct
265 blood testing to be utilized under the driving and boating under
266 the influence provisions and related provisions located in this
267 chapter and chapters 322 and 327. The program shall:
268 a. Establish uniform criteria for the issuance of permits
269 to breath test operators, agency inspectors, instructors, blood
270 analysts, and instruments.
271 b. Have the authority to permit breath test operators,
272 agency inspectors, instructors, blood analysts, and instruments.
273 c. Have the authority to discipline and suspend, revoke, or
274 renew the permits of breath test operators, agency inspectors,
275 instructors, blood analysts, and instruments.
276 d. Establish uniform requirements for instruction and
277 curricula for the operation and inspection of approved
278 instruments.
279 e. Have the authority to specify one approved curriculum
280 for the operation and inspection of approved instruments.
281 f. Establish a procedure for the approval of breath test
282 operator and agency inspector classes.
283 g. Have the authority to approve or disapprove breath test
284 instruments and accompanying paraphernalia for use pursuant to
285 the driving and boating under the influence provisions and
286 related provisions located in this chapter and chapters 322 and
287 327.
288 h. With the approval of the executive director of the
289 Department of Law Enforcement, make and enter into contracts and
290 agreements with other agencies, organizations, associations,
291 corporations, individuals, or federal agencies as are necessary,
292 expedient, or incidental to the performance of duties.
293 i. Issue final orders which include findings of fact and
294 conclusions of law and which constitute final agency action for
295 the purpose of chapter 120.
296 j. Enforce compliance with this section through civil or
297 administrative proceedings.
298 k. Make recommendations concerning any matter within the
299 purview of this section, this chapter, chapter 322, or chapter
300 327.
301 l. Adopt Promulgate rules for the administration and
302 implementation of this section, including definitions of terms.
303 m. Consult and cooperate with other entities for the
304 purpose of implementing the mandates of this section.
305 n. Have the authority to approve the type of blood test
306 utilized under the driving and boating under the influence
307 provisions and related provisions located in this chapter and
308 chapters 322 and 327.
309 o. Have the authority to specify techniques and methods for
310 breath alcohol testing and blood testing utilized under the
311 driving and boating under the influence provisions and related
312 provisions located in this chapter and chapters 322 and 327.
313 p. Have the authority to approve repair facilities for the
314 approved breath test instruments, including the authority to set
315 criteria for approval.
316
317 Nothing in this section shall be construed to supersede
318 provisions in this chapter and chapters 322 and 327. The
319 specifications in this section are derived from the power and
320 authority previously and currently possessed by the Department
321 of Law Enforcement and are enumerated to conform with the
322 mandates of chapter 99-379, Laws of Florida.
323 Section 4. Section 316.1939, Florida Statutes, is amended
324 to read:
325 316.1939 Refusal to submit to testing; penalties.—
326 (1) A person who has refused to submit to a chemical or
327 physical test of his or her breath or urine, as described in s.
328 316.1932, commits a misdemeanor of the second degree, punishable
329 as provided in s. 775.082 or s. 775.083, in addition to any
330 other penalties provided by law, and such person whose driving
331 privilege was previously suspended or who was previously fined
332 under s. 327.35215 for a prior refusal to submit to a lawful
333 test of his or her breath, urine, or blood required under this
334 chapter or chapter 327 commits a misdemeanor of the first
335 degree, punishable as provided in s. 775.082 or s. 775.083, in
336 addition to any other penalties provided by law if all of the
337 following apply, and:
338 (a) Who The arresting law enforcement officer had probable
339 cause to believe that the person was driving or in actual
340 physical control of a motor vehicle in this state while under
341 the influence of alcoholic beverages, chemical substances, or
342 controlled substances.;
343 (b) The person Who was placed under lawful arrest for a
344 violation of s. 316.193, unless such test was requested pursuant
345 to s. 316.1932(1)(c).;
346 (c) The person Who was informed that, if he or she refused
347 to submit to such test, his or her privilege to operate a motor
348 vehicle would be suspended for a period of 1 year or, in the
349 case of a second or subsequent refusal, for a period of 18
350 months.;
351 (d) The person, after having been informed as required in
352 paragraph (c), still refuses Who was informed that a refusal to
353 submit to a lawful test of his or her breath or urine as
354 described in s. 316.1932, if his or her driving privilege has
355 been previously suspended or if he or she has previously been
356 fined under s. 327.35215 for a prior refusal to submit to a
357 lawful test of his or her breath, urine, or blood as required
358 under this chapter or chapter 327, is a misdemeanor of the first
359 degree, punishable as provided in s. 775.082 or s. 775.083, in
360 addition to any other penalties provided by law; and
361 (e) Who, after having been so informed, refused to submit
362 to any such test when requested to do so by a law enforcement
363 officer or correctional officer
364
365 commits a misdemeanor of the first degree and is subject to
366 punishment as provided in s. 775.082 or s. 775.083.
367 (2) The disposition of any administrative proceeding that
368 relates to the suspension of a person’s driving privilege does
369 not affect a criminal action under this section.
370 (3) The disposition of a criminal action under this section
371 does not affect any administrative proceeding that relates to
372 the suspension of a person’s driving privilege. The department’s
373 records showing that a person’s license has been previously
374 suspended for a prior refusal to submit to a lawful test of his
375 or her breath, urine, or blood are shall be admissible and
376 create shall create a rebuttable presumption of such suspension.
377 Section 5. Section 316.19395, Florida Statutes, is created
378 to read:
379 316.19395 Driving under the influence diversion programs.—
380 (1) Any judicial circuit may create a driving under the
381 influence diversion program. A judicial circuit that creates
382 such a diversion program shall publish the terms and conditions
383 of the program on the website of the office of the state
384 attorney for that circuit.
385 (2) Each judicial circuit that offers a diversion program
386 under this section shall notify the department of each person
387 who successfully completes the program. The department shall
388 notate the successful completion of the diversion program on the
389 driving record of each such person.
390 (3) A person who successfully completes a diversion program
391 offered under this section is ineligible for future
392 participation in such a program.
393 Section 6. Subsection (1) of section 316.656, Florida
394 Statutes, is amended to read:
395 316.656 Mandatory adjudication; prohibition against
396 accepting plea to lesser included offense.—
397 (1) Notwithstanding the provisions of s. 948.01, a court
398 may not no court may suspend, defer, or withhold adjudication of
399 guilt or imposition of sentence for any violation of s. 316.193
400 or s. 316.1939, for manslaughter resulting from the operation of
401 a motor vehicle, or for vehicular homicide.
402 Section 7. Subsection (2) of section 322.34, Florida
403 Statutes, is amended to read:
404 322.34 Driving while license suspended, revoked, canceled,
405 or disqualified.—
406 (2) Any person whose driver license or driving privilege
407 has been canceled, suspended, or revoked as provided by law, or
408 who does not have a driver license or driving privilege but is
409 under suspension or revocation equivalent status as defined in
410 s. 322.01(43), except persons defined in s. 322.264, who,
411 knowing of such cancellation, suspension, revocation, or
412 suspension or revocation equivalent status, drives any motor
413 vehicle upon the highways of this state while such license or
414 privilege is canceled, suspended, or revoked, or while under
415 suspension or revocation equivalent status, commits:
416 (a) A misdemeanor of the second degree, punishable as
417 provided in s. 775.082 or s. 775.083.
418 (b)1. A misdemeanor of the first degree, punishable as
419 provided in s. 775.082 or s. 775.083, upon a second or
420 subsequent conviction, except as provided in paragraph (c).
421 2. A person convicted of a third or subsequent conviction,
422 except as provided in paragraph (c), must serve a minimum of 10
423 days in jail.
424 (c) A felony of the third degree, punishable as provided in
425 s. 775.082, s. 775.083, or s. 775.084, upon a third or
426 subsequent conviction if the current violation of this section
427 or the most recent prior violation of the section is related to
428 driving while license canceled, suspended, revoked, or
429 suspension or revocation equivalent status resulting from a
430 violation of:
431 1. Driving under the influence. A person to whom this
432 subparagraph applies must serve a minimum of 30 days in jail
433 upon a first conviction, a minimum of 60 days in jail upon a
434 second conviction, and a minimum of 90 days in jail upon a third
435 or subsequent conviction;
436 2. Refusal to submit to a urine, breath-alcohol, or blood
437 alcohol test. A person to whom this subparagraph applies must
438 serve a minimum of 30 days in jail upon a first conviction, a
439 minimum of 60 days in jail upon a second conviction, and a
440 minimum of 90 days in jail upon a third or subsequent
441 conviction;
442 3. A traffic offense causing death or serious bodily
443 injury; or
444 4. Fleeing or eluding.
445
446 The element of knowledge is satisfied if the person has been
447 previously cited as provided in subsection (1); or the person
448 admits to knowledge of the cancellation, suspension, or
449 revocation, or suspension or revocation equivalent status; or
450 the person received notice as provided in subsection (4). There
451 is shall be a rebuttable presumption that the knowledge
452 requirement is satisfied if a judgment or an order as provided
453 in subsection (4) appears in the department’s records for any
454 case except for one involving a suspension by the department for
455 failure to pay a traffic fine or for a financial responsibility
456 violation.
457 Section 8. Subsection (1) of section 327.35, Florida
458 Statutes, is amended to read:
459 327.35 Boating under the influence; penalties; “designated
460 drivers.”—
461 (1) A person commits is guilty of the offense of boating
462 under the influence and is subject to punishment as provided in
463 subsection (2) if the person is operating a vessel within this
464 state and:
465 (a) The person is under the influence of alcoholic
466 beverages, any chemical substance set forth in s. 877.111, or
467 any substance controlled under chapter 893, or any intoxicating
468 substance when affected to the extent that the person’s normal
469 faculties are impaired;
470 (b) The person has a blood-alcohol level of 0.08 or more
471 grams of alcohol per 100 milliliters of blood; or
472 (c) The person has a breath-alcohol level of 0.08 or more
473 grams of alcohol per 210 liters of breath.
474 Section 9. Section 933.02, Florida Statutes, is amended to
475 read:
476 933.02 Grounds for issuance of search warrant.—Upon proper
477 affidavits being made, a search warrant may be issued under the
478 provisions of this chapter upon any of the following grounds:
479 (1) When the property shall have been stolen or embezzled
480 in violation of law;
481 (2) When any property shall have been used:
482 (a) As a means to commit any crime;
483 (b) In connection with gambling, gambling implements and
484 appliances; or
485 (c) In violation of s. 847.011 or other laws in reference
486 to obscene prints and literature;
487 (3) When any property constitutes evidence relevant to
488 proving that a felony has been committed;
489 (4) When any property is being held or possessed:
490 (a) In violation of any of the laws prohibiting the
491 manufacture, sale, and transportation of intoxicating liquors;
492 (b) In violation of the fish and game laws;
493 (c) In violation of the laws relative to food and drug; or
494 (d) In violation of the laws relative to citrus disease
495 pursuant to s. 581.184; or
496 (5) When the laws in relation to cruelty to animals, as
497 provided in chapter 828, have been or are violated in any
498 particular building or place; or
499 (6) When a sample of the blood of a person constitutes
500 evidence relevant to proving that a violation of s. 316.193 or
501 s. 327.35 has been committed.
502
503 This section also applies to any papers or documents used as a
504 means of or in aid of the commission of any offense against the
505 laws of the state.
506 Section 10. Section 782.071, Florida Statutes, is amended
507 to read:
508 782.071 Vehicular homicide.—“Vehicular homicide” is the
509 killing of a human being, or the killing of an unborn child by
510 any injury to the mother, caused by the operation of a motor
511 vehicle by another in a reckless manner likely to cause the
512 death of, or great bodily harm to, another.
513 (1) Vehicular homicide is:
514 (a) A felony of the second degree, punishable as provided
515 in s. 775.082, s. 775.083, or s. 775.084.
516 (b) A felony of the first degree, punishable as provided in
517 s. 775.082, s. 775.083, or s. 775.084, if:
518 1. At the time of the accident, the person knew, or should
519 have known, that the accident occurred; and
520 2. The person failed to give information and render aid as
521 required by s. 316.062.
522
523 This paragraph does not require that the person knew that the
524 accident resulted in injury or death.
525 (c) A felony of the first degree, punishable as provided in
526 s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
527 conviction for a violation of this section or s. 316.193(3)(c)3.
528 Section 11. This act shall take effect October 1, 2025.
