Bill Text: FL S1172 | 2024 | Regular Session | Introduced
Bill Title: Operating Vehicles and Vessels Under the Influence
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in Criminal Justice [S1172 Detail]
Download: Florida-2024-S1172-Introduced.html
Florida Senate - 2024 SB 1172
By Senator Berman
26-00563C-24 20241172__
1 A bill to be entitled
2 An act relating to operating vehicles and vessels
3 under the influence; amending s. 316.003, F.S.;
4 defining the term “actual physical control”; amending
5 ss. 316.193 and 327.35, F.S.; revising conditions
6 under which a person commits the offense of driving
7 under the influence or boating under the influence,
8 respectively; providing an affirmative defense;
9 revising criminal penalties; conforming provisions to
10 changes made by the act; revising a condition that
11 must be met before a person arrested for driving under
12 the influence or boating under the influence,
13 respectively, may be released from custody; defining
14 the term “impairing substance”; providing
15 construction; authorizing law enforcement witnesses to
16 give certain testimony under certain circumstances;
17 defining the term “conviction” for a specified
18 purpose; requiring the clerk of court to notify the
19 Department of Law Enforcement under certain
20 circumstances; requiring the department to maintain
21 records; creating a rebuttable presumption; amending
22 s. 316.1939, F.S.; providing that the disposition of
23 an administrative proceeding relating to a specified
24 fine does not affect certain criminal action; revising
25 a rebuttable presumption of suspended driving
26 privileges; amending s. 316.645, F.S.; making
27 technical changes; amending ss. 322.01 and 327.02,
28 F.S.; defining the term “actual physical control”;
29 amending s. 327.359, F.S.; providing that the
30 disposition of any administrative proceeding relating
31 to a specified fine or the suspension of driving
32 privileges does not affect certain criminal action;
33 providing that the disposition of certain criminal
34 action does not affect certain administrative
35 hearings; creating a rebuttable presumption; amending
36 s. 933.02, F.S.; adding specified grounds for issuance
37 of a search warrant; amending s. 948.15, F.S.;
38 revising probation guidelines for felonies in which
39 certain substances are contributing factors; amending
40 ss. 212.05, 316.1932, 316.1933, 316.303, 316.305,
41 316.306, 316.85, 322.18, 322.34, 322.61, 327.391,
42 327.53, 627.749, 655.960, and 921.0022, F.S.;
43 conforming cross-references and provisions to changes
44 made by the act; reenacting s. 947.146(3)(j), F.S.,
45 relating to the Control Release Authority, to
46 incorporate the amendments made by this act to s.
47 316.193, F.S., in a reference thereto; providing an
48 effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. Present subsections (1) through (111) of section
53 316.003, Florida Statutes, are redesignated as subsections (2)
54 through (112), respectively, a new subsection (1) is added to
55 that section, and present subsection (64) of that section is
56 amended, to read:
57 316.003 Definitions.—The following words and phrases, when
58 used in this chapter, shall have the meanings respectively
59 ascribed to them in this section, except where the context
60 otherwise requires:
61 (1) ACTUAL PHYSICAL CONTROL.—Being physically in or on a
62 motor vehicle and having the capability to operate the vehicle,
63 regardless of whether the vehicle is actually being operated at
64 that time.
65 (65)(64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise
66 provided in paragraph (90)(b) (89)(b), any privately owned way
67 or place used for vehicular travel by the owner and those having
68 express or implied permission from the owner, but not by other
69 persons.
70 Section 2. Present paragraphs (c) and (d) of subsection
71 (14) of section 316.193, Florida Statutes, are redesignated as
72 paragraphs (d) and (e), respectively, a new paragraph (c) is
73 added to that subsection and subsections (15) through (19) are
74 added to that section, subsections (1), (3), and (9) of that
75 section are amended, and subsection (2) of that section is
76 republished, to read:
77 316.193 Driving under the influence; penalties.—
78 (1)(a) A person commits is guilty of the offense of driving
79 under the influence and is subject to punishment as provided in
80 subsection (2) if the person is driving or in actual physical
81 control of a vehicle within this state and:
82 1.(a) The person is under the influence of alcoholic
83 beverages, any chemical substance set forth in s. 877.111, or
84 any substance controlled under chapter 893, or any other
85 impairing substance, or any combination thereof, when affected
86 to the extent that the person’s normal faculties are impaired;
87 2.(b) At the time of driving or while in actual physical
88 control of the vehicle or at any time thereafter, the person has
89 a blood-alcohol level of 0.08 or more grams of alcohol per 100
90 milliliters of blood as a result of consuming alcohol before or
91 during driving; or
92 3.(c) At the time of driving or while in actual physical
93 control of the vehicle or at any time thereafter, the person has
94 a breath-alcohol level of 0.08 or more grams of alcohol per 210
95 liters of breath as a result of consuming alcohol before or
96 during driving; or
97 4. The person has in his or her blood any amount of a
98 chemical substance set forth in s. 877.111 or a substance
99 controlled under chapter 893, or such chemical or controlled
100 substance in any combination with alcohol as a result of
101 consuming alcohol before or during driving.
102 (b) It is an affirmative defense as to the presence of a
103 chemical or controlled substance under subparagraph (a)4. that
104 the person ingested, injected, or inhaled the substance in
105 accordance with a valid prescription issued pursuant to s.
106 893.04 by a practitioner as defined in s. 893.02, or pursuant to
107 s. 381.986, and in accordance with the practitioner’s
108 directions. However, the fact that a person is or was legally
109 entitled to consume alcohol or any other chemical or controlled
110 substance, medication, drug, or other impairing substance is not
111 an affirmative defense to this section.
112 (2)(a) Except as provided in paragraph (b), subsection (3),
113 or subsection (4), any person who is convicted of a violation of
114 subsection (1) shall be punished:
115 1. By a fine of:
116 a. Not less than $500 or more than $1,000 for a first
117 conviction.
118 b. Not less than $1,000 or more than $2,000 for a second
119 conviction; and
120 2. By imprisonment for:
121 a. Not more than 6 months for a first conviction.
122 b. Not more than 9 months for a second conviction.
123 3. For a second conviction, by mandatory placement for a
124 period of at least 1 year, at the convicted person’s sole
125 expense, of an ignition interlock device approved by the
126 department in accordance with s. 316.1938 upon all vehicles that
127 are individually or jointly leased or owned and routinely
128 operated by the convicted person, when the convicted person
129 qualifies for a permanent or restricted license.
130
131 The portion of a fine imposed in excess of $500 pursuant to sub
132 subparagraph 1.a. and the portion of a fine imposed in excess of
133 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
134 the clerk to the Department of Revenue for deposit into the
135 General Revenue Fund.
136 (b)1. Any person who is convicted of a third violation of
137 this section for an offense that occurs within 10 years after a
138 prior conviction for a violation of this section commits a
139 felony of the third degree, punishable as provided in s.
140 775.082, s. 775.083, or s. 775.084. In addition, the court shall
141 order the mandatory placement for a period of not less than 2
142 years, at the convicted person’s sole expense, of an ignition
143 interlock device approved by the department in accordance with
144 s. 316.1938 upon all vehicles that are individually or jointly
145 leased or owned and routinely operated by the convicted person,
146 when the convicted person qualifies for a permanent or
147 restricted license.
148 2. Any person who is convicted of a third violation of this
149 section for an offense that occurs more than 10 years after the
150 date of a prior conviction for a violation of this section shall
151 be punished by a fine of not less than $2,000 or more than
152 $5,000 and by imprisonment for not more than 12 months. The
153 portion of a fine imposed in excess of $2,500 pursuant to this
154 subparagraph shall be remitted by the clerk to the Department of
155 Revenue for deposit into the General Revenue Fund. In addition,
156 the court shall order the mandatory placement for a period of at
157 least 2 years, at the convicted person’s sole expense, of an
158 ignition interlock device approved by the department in
159 accordance with s. 316.1938 upon all vehicles that are
160 individually or jointly leased or owned and routinely operated
161 by the convicted person, when the convicted person qualifies for
162 a permanent or restricted license.
163 3. Any person who is convicted of a fourth or subsequent
164 violation of this section, regardless of when any prior
165 conviction for a violation of this section occurred, commits a
166 felony of the third degree, punishable as provided in s.
167 775.082, s. 775.083, or s. 775.084. However, the fine imposed
168 for such fourth or subsequent violation may be not less than
169 $2,000. The portion of a fine imposed in excess of $1,000
170 pursuant to this subparagraph shall be remitted by the clerk to
171 the Department of Revenue for deposit into the General Revenue
172 Fund.
173 (c) In addition to the penalties in paragraph (a), the
174 court may order placement, at the convicted person’s sole
175 expense, of an ignition interlock device approved by the
176 department in accordance with s. 316.1938 for at least 6
177 continuous months upon all vehicles that are individually or
178 jointly leased or owned and routinely operated by the convicted
179 person if, at the time of the offense, the person had a blood
180 alcohol level or breath-alcohol level of .08 or higher.
181 (3) Any person:
182 (a) Who is in violation of subsection (1);
183 (b) Who operates a vehicle; and
184 (c) Who, by reason of such operation, causes or contributes
185 to causing:
186 1. Damage to the property or person of another commits a
187 misdemeanor of the first degree, punishable as provided in s.
188 775.082 or s. 775.083.
189 2. Serious bodily injury to another, as defined in s.
190 316.1933, commits a felony of the second third degree,
191 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
192 3. The death of any human being or unborn child commits DUI
193 manslaughter, and commits:
194 a. a felony of the first second degree, punishable as
195 provided in s. 775.082, s. 775.083, or s. 775.084.
196 b. A felony of the first degree, punishable as provided in
197 s. 775.082, s. 775.083, or s. 775.084, if:
198 (I) At the time of the crash, the person knew, or should
199 have known, that the crash occurred; and
200 (II) The person failed to give information and render aid
201 as required by s. 316.062.
202
203 For purposes of this subsection, the term “unborn child” has the
204 same meaning as provided in s. 775.021(5). A person who is
205 convicted of DUI manslaughter shall be sentenced to a mandatory
206 minimum term of imprisonment of 4 years.
207 (9) A person who is arrested for a violation of this
208 section may not be released from custody:
209 (a) Until the person is no longer under the influence of
210 alcoholic beverages, any chemical substance set forth in s.
211 877.111, or any substance controlled under chapter 893, or any
212 other impairing substance, or any combination thereof, and
213 affected to the extent that his or her normal faculties are
214 impaired;
215 (b) Until the person’s blood-alcohol level or breath
216 alcohol level is less than 0.05; or
217 (c) Until 8 hours have elapsed from the time the person was
218 arrested.
219 (14) As used in this chapter, the term:
220 (c) “Impairing substance” means any substance that, when
221 taken into the human body, can impair, or diminish in some
222 material respect, a person’s normal faculties. Such normal
223 faculties include, but are not limited to, the ability to see,
224 hear, walk, talk, gauge distances, drive a motor vehicle, make
225 judgments, act in emergencies, and, in general, perform the many
226 mental and physical acts of daily life.
227 (15) Notwithstanding any other law and for the purposes of
228 prosecutions under this section, the law enforcement officer who
229 administers a horizontal nystagmus gaze test may give testimony
230 as a witness on the issue of a person’s impairment, based on the
231 results of the horizontal gaze nystagmus test, if the officer
232 has successfully completed training on the horizontal gaze
233 nystagmus test and if the test is given in accordance with the
234 individual’s training.
235 (16) Notwithstanding any other law, a law enforcement
236 witness in a criminal prosecution under this section may give
237 testimony on the issue of impairment relating to whether a
238 person was under the influence of one or more impairing
239 substances, and the category or categories of the impairing
240 substance or substances, if the witness holds current
241 credentials as a drug recognition expert, issued by the
242 International Association of Chiefs of Police, at the time of
243 arrest.
244 (17) For the purpose of determining whether a conviction is
245 a first, second, or third or subsequent conviction for the
246 purposes of sentencing under this section, the term “conviction”
247 includes being convicted of a violation of this section, or the
248 completion of any diversion or other program that results in the
249 dismissal or change of charge for a violation of this section.
250 The term also includes being convicted of a violation of any law
251 or ordinance of another state or jurisdiction which this section
252 prohibits, or the completion of any diversion or other program
253 that results in the dismissal or change of charge for a
254 violation of such law or ordinance of another state or
255 jurisdiction which this section prohibits.
256 (18) The clerk of court shall notify the department of the
257 dismissal or change of charge for a violation of this section
258 based on the completion of any diversion or other program. The
259 department shall maintain a record of a person’s completion of
260 any diversion or other program that results in a dismissal or
261 change of charge for a violation of this section.
262 (19) There is a rebuttable presumption that a diversion or
263 other program was completed which results in the dismissal or
264 change of charge for a violation of this section as provided in
265 subsection (17) if notation or designation of such completion
266 appears in the department’s records.
267 Section 3. Subsections (1), (3), and (8) of section 327.35,
268 Florida Statutes, are amended, subsections (11) through (16) are
269 added to that section, and subsection (2) of that section is
270 republished, to read:
271 327.35 Boating under the influence; penalties; “designated
272 drivers.”—
273 (1)(a) A person commits is guilty of the offense of boating
274 under the influence and is subject to punishment as provided in
275 subsection (2) if the person is operating a vessel or in actual
276 physical control of a vessel within this state and:
277 1.(a) The person is under the influence of alcoholic
278 beverages, any chemical substance set forth in s. 877.111, or
279 any substance controlled under chapter 893, or any other
280 impairing substance, or any combination thereof, when affected
281 to the extent that the person’s normal faculties are impaired;
282 2.(b) At the time of operating the vessel or at any time
283 thereafter, the person has a blood-alcohol level of 0.08 or more
284 grams of alcohol per 100 milliliters of blood as a result of
285 consuming alcohol before or during operating; or
286 3.(c) At the time of operating the vessel or at any time
287 thereafter, the person has a breath-alcohol level of 0.08 or
288 more grams of alcohol per 210 liters of breath as a result of
289 consuming alcohol before or during operating; or
290 4. The person has in his or her blood any amount of a
291 chemical substance set forth in s. 877.111 or a substance
292 controlled under chapter 893, or such chemical or controlled
293 substance in any combination with alcohol as a result of
294 consuming alcohol before or during operating.
295 (b) It is an affirmative defense as to the presence of a
296 chemical or controlled substance under subparagraph (a)4. that
297 the person ingested, injected, or inhaled the substance in
298 accordance with a valid prescription issued pursuant to s.
299 893.04 by a practitioner as defined in s. 893.02, or pursuant to
300 s. 381.986, and in accordance with the practitioner’s
301 directions. However, the fact that a person is or was legally
302 entitled to consume alcohol or any other chemical or controlled
303 substance, medication, drug, or other impairing substance is not
304 an affirmative defense to this section.
305 (2)(a) Except as provided in paragraph (b), subsection (3),
306 or subsection (4), any person who is convicted of a violation of
307 subsection (1) shall be punished:
308 1. By a fine of:
309 a. Not less than $500 or more than $1,000 for a first
310 conviction.
311 b. Not less than $1,000 or more than $2,000 for a second
312 conviction; and
313 2. By imprisonment for:
314 a. Not more than 6 months for a first conviction.
315 b. Not more than 9 months for a second conviction.
316
317 The portion of a fine imposed in excess of $500 pursuant to sub
318 subparagraph 1.a. and the portion of a fine imposed in excess of
319 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
320 the clerk to the Department of Revenue for deposit into the
321 General Revenue Fund.
322 (b)1. Any person who is convicted of a third violation of
323 this section for an offense that occurs within 10 years after a
324 prior conviction for a violation of this section commits a
325 felony of the third degree, punishable as provided in s.
326 775.082, s. 775.083, or s. 775.084.
327 2. Any person who is convicted of a third violation of this
328 section for an offense that occurs more than 10 years after the
329 date of a prior conviction for a violation of this section shall
330 be punished by a fine of not less than $2,000 or more than
331 $5,000 and by imprisonment for not more than 12 months. The
332 portion of a fine imposed in excess of $2,500 pursuant to this
333 subparagraph shall be remitted by the clerk to the Department of
334 Revenue for deposit into the General Revenue Fund.
335 3. Any person who is convicted of a fourth or subsequent
336 violation of this section, regardless of when any prior
337 conviction for a violation of this section occurred, commits a
338 felony of the third degree, punishable as provided in s.
339 775.082, s. 775.083, or s. 775.084.
340
341 However, the fine imposed for such fourth or subsequent
342 violation may not be less than $2,000. The portion of such fine
343 imposed in excess of $1,000 shall be remitted by the clerk to
344 the Department of Revenue for deposit into the General Revenue
345 Fund.
346 (3) Any person:
347 (a) Who is in violation of subsection (1);
348 (b) Who operates a vessel; and
349 (c) Who, by reason of such operation, causes or contributes
350 to causing:
351 1. Damage to the property or person of another commits a
352 misdemeanor of the first degree, punishable as provided in s.
353 775.082 or s. 775.083.
354 2. Serious bodily injury to another, as defined in s.
355 327.353, commits a felony of the second third degree, punishable
356 as provided in s. 775.082, s. 775.083, or s. 775.084.
357 3. The death of any human being commits BUI manslaughter,
358 and commits:
359 a. a felony of the first second degree, punishable as
360 provided in s. 775.082, s. 775.083, or s. 775.084.
361 b. A felony of the first degree, punishable as provided in
362 s. 775.082, s. 775.083, or s. 775.084, if:
363 (I) At the time of the accident, the person knew, or should
364 have known, that the accident occurred; and
365 (II) The person failed to give information and render aid
366 as required by s. 327.30.
367
368 This sub-subparagraph does not require that the person knew that
369 the accident resulted in injury or death.
370 (8) A person who is arrested for a violation of this
371 section may not be released from custody:
372 (a) Until the person is no longer under the influence of
373 alcoholic beverages, any chemical substance set forth in s.
374 877.111, or any substance controlled under chapter 893, or any
375 other impairing substance, or any combination thereof, and
376 affected to the extent that his or her normal faculties are
377 impaired;
378 (b) Until the person’s blood-alcohol level or breath
379 alcohol level is less than 0.05; or
380 (c) Until 8 hours have elapsed from the time the person was
381 arrested.
382 (11) As used in this section, the term “impairing
383 substance” means any substance that, when taken into the human
384 body, can impair, or diminish in some material respect, a
385 person’s normal faculties. Such normal faculties include, but
386 are not limited to, the ability to see, hear, walk, talk, gauge
387 distances, drive a motor vehicle, operate a boating vessel, make
388 judgments, act in emergencies, and, in general, perform the many
389 mental and physical acts of daily life.
390 (12) Notwithstanding any other law and for the purpose of
391 prosecutions under this section, the law enforcement officer who
392 administers a horizontal nystagmus gaze test may give testimony
393 as a witness on the issue of a person’s impairment based on the
394 results of such test if the officer has successfully completed
395 training on such test and if such test is given in accordance
396 with his or her training.
397 (13) Notwithstanding any other law, a law enforcement
398 witness in a criminal prosecution under this section may give
399 expert testimony on the issue of impairment relating to whether
400 a person was under the influence of one or more impairing
401 substances, and the category or categories of the impairing
402 substance or substances, if the witness holds current
403 credentials as a drug recognition expert, issued by the
404 International Association of Chiefs of Police, at the time of
405 arrest.
406 (14) For the purpose of determining whether a conviction is
407 a first, second, or third or subsequent conviction for the
408 purposes of sentencing under this section, the term “conviction”
409 includes being convicted of a violation of this section, or the
410 completion of any diversion or other program that results in the
411 dismissal or change of charge for a violation of this section.
412 The term also includes being convicted of a violation of any law
413 or ordinance of another state or jurisdiction which this section
414 prohibits, or the completion of any diversion or other program
415 that results in the dismissal or change of charge for a
416 violation of such law or ordinance of another state or
417 jurisdiction which this section prohibits.
418 (15) The clerk of court shall notify the Department of Law
419 Enforcement of the dismissal or change of charge for a violation
420 of this section based on the completion of any diversion or
421 other program. The department shall maintain a record of a
422 person’s completion of any diversion or other program that
423 results in a dismissal or change of charge for a violation of
424 this section.
425 (16) There is a rebuttable presumption that a diversion or
426 other program was completed that results in the dismissal or
427 change of charge for a violation of this section as provided in
428 subsection (14) if notation or designation of such appears in
429 the Department of Law Enforcement’s records.
430 Section 4. Subsections (2) and (3) of section 316.1939,
431 Florida Statutes, are amended to read:
432 316.1939 Refusal to submit to testing; penalties.—
433 (2) The disposition of any administrative proceeding that
434 relates to the suspension of a person’s driving privilege or a
435 fine under s. 327.35215 does not affect a criminal action under
436 this section.
437 (3) The disposition of a criminal action under this section
438 does not affect any administrative proceeding that relates to
439 the suspension of a person’s driving privilege. The department’s
440 records showing that a person’s license or driving privilege has
441 been previously suspended, or the person has previously been
442 fined under s. 327.35215, for a prior refusal to submit to a
443 lawful test of his or her breath, urine, or blood shall be
444 admissible and shall create a rebuttable presumption of such
445 suspension or fine.
446 Section 5. Section 316.645, Florida Statutes, is amended to
447 read:
448 316.645 Arrest authority of officer at scene of a traffic
449 crash.—A police officer who makes any an investigation at the
450 scene of a traffic crash may arrest any driver of a vehicle
451 involved in the crash when, based upon any personal
452 investigation, the officer has reasonable and probable grounds
453 to believe that the person has committed any offense under the
454 provisions of this chapter, chapter 320, or chapter 322 in
455 connection with the crash.
456 Section 6. Present subsections (1) through (48) of section
457 322.01, Florida Statutes, are redesignated as subsections (2)
458 through (49), respectively, and a new subsection (1) is added to
459 that section, to read:
460 322.01 Definitions.—As used in this chapter:
461 (1) “Actual physical control” means being physically in or
462 on a motor vehicle and having the capability to operate the
463 vehicle, regardless of whether the vehicle is actually being
464 operated at that time.
465 Section 7. Present subsections (1) through (48) of section
466 327.02, Florida Statutes, are redesignated as subsections (2)
467 through (49), respectively, and a new subsection (1) is added to
468 that section, to read:
469 327.02 Definitions.—As used in this chapter and in chapter
470 328, unless the context clearly requires a different meaning,
471 the term:
472 (1) “Actual physical control” means being physically in or
473 on a vessel and having the capability to operate the vessel,
474 regardless of whether the vessel is actually being operated at
475 that time.
476 Section 8. Section 327.359, Florida Statutes, is amended to
477 read:
478 327.359 Refusal to submit to testing; penalties.—
479 (1) A person who has refused to submit to a chemical or
480 physical test of his or her breath or urine, as described in s.
481 327.352, and who has been previously fined under s. 327.35215 or
482 has previously had his or her driver license suspended for
483 refusal to submit to a lawful test of his or her breath, urine,
484 or blood, and:
485 (a)(1) Who the arresting law enforcement officer had
486 probable cause to believe was operating or in actual physical
487 control of a vessel in this state while under the influence of
488 alcoholic beverages, chemical substances, or controlled
489 substances;
490 (b)(2) Who was placed under lawful arrest for a violation
491 of s. 327.35 unless such test was requested pursuant to s.
492 327.352(1)(c);
493 (c)(3) Who was informed that if he or she refused to submit
494 to such test, he or she is subject to a fine of $500;
495 (d)(4) Who was informed that a refusal to submit to a
496 lawful test of his or her breath or urine, if he or she has been
497 previously fined under s. 327.35215 or has previously had his or
498 her driver license suspended for refusal to submit to a lawful
499 test of his or her breath, urine, or blood, is a misdemeanor of
500 the first degree, punishable as provided in s. 775.082 or s.
501 775.083; and
502 (e)(5) Who, after having been so informed, refused to
503 submit to any such test when requested to do so by a law
504 enforcement officer or correctional officer commits a
505 misdemeanor of the first degree, punishable as provided in s.
506 775.082 or s. 775.083.
507 (2) The disposition of any administrative proceeding that
508 relates to a fine under s. 327.35215 or to the suspension of a
509 person’s driving privilege does not affect a criminal action
510 under this section.
511 (3) The disposition of a criminal action under this section
512 does not affect any administrative proceeding that relates to
513 the suspension of a person’s driving privilege. The Department
514 of Highway Safety and Motor Vehicles’ records showing that a
515 person has previously been fined under s. 327.35215, or that a
516 person’s license or driving privilege has been previously
517 suspended, for a prior refusal to submit to a lawful test of his
518 or her breath, urine, or blood is admissible and creates a
519 rebuttable presumption of such suspension.
520 Section 9. Section 933.02, Florida Statutes, is amended to
521 read:
522 933.02 Grounds for issuance of search warrant.—Upon proper
523 affidavits being made, a search warrant may be issued under the
524 provisions of this chapter upon any of the following grounds:
525 (1) When the property shall have been stolen or embezzled
526 in violation of law;
527 (2) When any property shall have been used:
528 (a) As a means to commit any crime;
529 (b) In connection with gambling, gambling implements and
530 appliances; or
531 (c) In violation of s. 847.011 or other laws in reference
532 to obscene prints and literature;
533 (3) When any property constitutes evidence relevant to
534 proving that a felony has been committed;
535 (4) When any property is being held or possessed:
536 (a) In violation of any of the laws prohibiting the
537 manufacture, sale, and transportation of intoxicating liquors;
538 (b) In violation of the fish and game laws;
539 (c) In violation of the laws relative to food and drug; or
540 (d) In violation of the laws relative to citrus disease
541 pursuant to s. 581.184; or
542 (5) When the laws in relation to cruelty to animals, as
543 provided in chapter 828, have been or are violated in any
544 particular building or place; or
545 (6) When a sample of the blood of a person constitutes
546 evidence relevant to proving that a violation of s. 316.193 or
547 s. 327.35 has been committed.
548
549 This section also applies to any papers or documents used as a
550 means of or in aid of the commission of any offense against the
551 laws of the state.
552 Section 10. Subsection (1) of section 948.15, Florida
553 Statutes, is amended to read:
554 948.15 Misdemeanor probation services.—
555 (1) A defendant found guilty of a misdemeanor who is placed
556 on probation shall be under supervision not to exceed 6 months
557 unless otherwise specified by the court. Probation supervision
558 services for a defendant found guilty of a misdemeanor for
559 possession of a controlled substance or drug paraphernalia under
560 chapter 893 may be provided by a licensed substance abuse
561 education and intervention program, which may provide substance
562 abuse education and intervention as well as any other terms and
563 conditions of probation. In relation to any offense other than a
564 felony in which the use of alcohol, any chemical substance set
565 forth in s. 877.111, any substance controlled under chapter 893,
566 or any impairing substance as defined in s. 316.193(14)(c) or s.
567 327.35(11) is a contributing significant factor, the period of
568 probation may be up to 1 year.
569 Section 11. Paragraph (c) of subsection (1) of section
570 212.05, Florida Statutes, is amended to read:
571 212.05 Sales, storage, use tax.—It is hereby declared to be
572 the legislative intent that every person is exercising a taxable
573 privilege who engages in the business of selling tangible
574 personal property at retail in this state, including the
575 business of making or facilitating remote sales; who rents or
576 furnishes any of the things or services taxable under this
577 chapter; or who stores for use or consumption in this state any
578 item or article of tangible personal property as defined herein
579 and who leases or rents such property within the state.
580 (1) For the exercise of such privilege, a tax is levied on
581 each taxable transaction or incident, which tax is due and
582 payable as follows:
583 (c) At the rate of 6 percent of the gross proceeds derived
584 from the lease or rental of tangible personal property, as
585 defined herein; however, the following special provisions apply
586 to the lease or rental of motor vehicles and to peer-to-peer
587 car-sharing programs:
588 1. When a motor vehicle is leased or rented by a motor
589 vehicle rental company or through a peer-to-peer car-sharing
590 program as those terms are defined in s. 212.0606(1) for a
591 period of less than 12 months:
592 a. If the motor vehicle is rented in Florida, the entire
593 amount of such rental is taxable, even if the vehicle is dropped
594 off in another state.
595 b. If the motor vehicle is rented in another state and
596 dropped off in Florida, the rental is exempt from Florida tax.
597 c. If the motor vehicle is rented through a peer-to-peer
598 car-sharing program, the peer-to-peer car-sharing program shall
599 collect and remit the applicable tax due in connection with the
600 rental.
601 2. Except as provided in subparagraph 3., for the lease or
602 rental of a motor vehicle for a period of not less than 12
603 months, sales tax is due on the lease or rental payments if the
604 vehicle is registered in this state; provided, however, that no
605 tax shall be due if the taxpayer documents use of the motor
606 vehicle outside this state and tax is being paid on the lease or
607 rental payments in another state.
608 3. The tax imposed by this chapter does not apply to the
609 lease or rental of a commercial motor vehicle as defined in s.
610 316.003(15)(a) s. 316.003(14)(a) to one lessee or rentee for a
611 period of not less than 12 months when tax was paid on the
612 purchase price of such vehicle by the lessor. To the extent tax
613 was paid with respect to the purchase of such vehicle in another
614 state, territory of the United States, or the District of
615 Columbia, the Florida tax payable shall be reduced in accordance
616 with s. 212.06(7). This subparagraph shall only be available
617 when the lease or rental of such property is an established
618 business or part of an established business or the same is
619 incidental or germane to such business.
620 Section 12. Paragraph (f) of subsection (1) of section
621 316.1932, Florida Statutes, is amended to read:
622 316.1932 Tests for alcohol, chemical substances, or
623 controlled substances; implied consent; refusal.—
624 (1)
625 (f)1. The tests determining the weight of alcohol in the
626 defendant’s blood or breath shall be administered at the request
627 of a law enforcement officer substantially in accordance with
628 rules of the Department of Law Enforcement. Such rules must
629 specify precisely the test or tests that are approved by the
630 Department of Law Enforcement for reliability of result and ease
631 of administration, and must provide an approved method of
632 administration which must be followed in all such tests given
633 under this section. However, the failure of a law enforcement
634 officer to request the withdrawal of blood does not affect the
635 admissibility of a test of blood withdrawn for medical purposes.
636 2.a. Only a physician, certified paramedic, registered
637 nurse, licensed practical nurse, other personnel authorized by a
638 hospital to draw blood, or duly licensed clinical laboratory
639 director, supervisor, technologist, or technician, acting at the
640 request of a law enforcement officer, may withdraw blood for the
641 purpose of determining its alcoholic content or the presence of
642 chemical substances or controlled substances therein. However,
643 the failure of a law enforcement officer to request the
644 withdrawal of blood does not affect the admissibility of a test
645 of blood withdrawn for medical purposes.
646 b. Notwithstanding any provision of law pertaining to the
647 confidentiality of hospital records or other medical records, if
648 a health care provider, who is providing medical care in a
649 health care facility to a person injured in a motor vehicle
650 crash, becomes aware, as a result of any blood test performed in
651 the course of that medical treatment, that the person’s blood
652 alcohol level meets or exceeds the blood-alcohol level specified
653 in s. 316.193(1)(a)2. s. 316.193(1)(b), the health care provider
654 may notify any law enforcement officer or law enforcement
655 agency. Any such notice must be given within a reasonable time
656 after the health care provider receives the test result. Any
657 such notice shall be used only for the purpose of providing the
658 law enforcement officer with reasonable cause to request the
659 withdrawal of a blood sample pursuant to this section.
660 c. The notice must shall consist only of the name of the
661 person being treated, the name of the person who drew the blood,
662 the blood-alcohol level indicated by the test, and the date and
663 time of the administration of the test.
664 d. Nothing contained in s. 395.3025(4), s. 456.057, or any
665 applicable practice act affects the authority to provide notice
666 under this section, and the health care provider is not
667 considered to have breached any duty owed to the person under s.
668 395.3025(4), s. 456.057, or any applicable practice act by
669 providing notice or failing to provide notice. It is shall not
670 be a breach of any ethical, moral, or legal duty for a health
671 care provider to provide notice or fail to provide notice.
672 e. A civil, criminal, or administrative action may not be
673 brought against any person or health care provider participating
674 in good faith in the provision of notice or failure to provide
675 notice as provided in this section. Any person or health care
676 provider participating in the provision of notice or failure to
677 provide notice as provided in this section shall be immune from
678 any civil or criminal liability and from any professional
679 disciplinary action with respect to the provision of notice or
680 failure to provide notice under this section. Any such
681 participant has the same immunity with respect to participating
682 in any judicial proceedings resulting from the notice or failure
683 to provide notice.
684 3. The person tested may, at his or her own expense, have a
685 physician, registered nurse, other personnel authorized by a
686 hospital to draw blood, or duly licensed clinical laboratory
687 director, supervisor, technologist, or technician, or other
688 person of his or her own choosing administer an independent test
689 in addition to the test administered at the direction of the law
690 enforcement officer for the purpose of determining the amount of
691 alcohol in the person’s blood or breath or the presence of
692 chemical substances or controlled substances at the time
693 alleged, as shown by chemical analysis of his or her blood or
694 urine, or by chemical or physical test of his or her breath. The
695 failure or inability to obtain an independent test by a person
696 does not preclude the admissibility in evidence of the test
697 taken at the direction of the law enforcement officer. The law
698 enforcement officer shall not interfere with the person’s
699 opportunity to obtain the independent test and shall provide the
700 person with timely telephone access to secure the test, but the
701 burden is on the person to arrange and secure the test at the
702 person’s own expense.
703 4. Upon the request of the person tested, full information
704 concerning the results of the test taken at the direction of the
705 law enforcement officer shall be made available to the person or
706 his or her attorney. Full information is limited to the
707 following:
708 a. The type of test administered and the procedures
709 followed.
710 b. The time of the collection of the blood or breath sample
711 analyzed.
712 c. The numerical results of the test indicating the alcohol
713 content of the blood and breath.
714 d. The type and status of any permit issued by the
715 Department of Law Enforcement which was held by the person who
716 performed the test.
717 e. If the test was administered by means of a breath
718 testing instrument, the date of performance of the most recent
719 required inspection of such instrument.
720
721 Full information does not include manuals, schematics, or
722 software of the instrument used to test the person or any other
723 material that is not in the actual possession of the state.
724 Additionally, full information does not include information in
725 the possession of the manufacturer of the test instrument.
726 5. A hospital, clinical laboratory, medical clinic, or
727 similar medical institution or physician, certified paramedic,
728 registered nurse, licensed practical nurse, other personnel
729 authorized by a hospital to draw blood, or duly licensed
730 clinical laboratory director, supervisor, technologist, or
731 technician, or other person assisting a law enforcement officer
732 does not incur any civil or criminal liability as a result of
733 the withdrawal or analysis of a blood or urine specimen, or the
734 chemical or physical test of a person’s breath pursuant to
735 accepted medical standards when requested by a law enforcement
736 officer, regardless of whether or not the subject resisted
737 administration of the test.
738 Section 13. Paragraph (a) of subsection (2) of section
739 316.1933, Florida Statutes, is amended to read:
740 316.1933 Blood test for impairment or intoxication in cases
741 of death or serious bodily injury; right to use reasonable
742 force.—
743 (2)(a) Only a physician, certified paramedic, registered
744 nurse, licensed practical nurse, other personnel authorized by a
745 hospital to draw blood, or duly licensed clinical laboratory
746 director, supervisor, technologist, or technician, acting at the
747 request of a law enforcement officer, may withdraw blood for the
748 purpose of determining the alcoholic content thereof or the
749 presence of chemical substances or controlled substances
750 therein. However, the failure of a law enforcement officer to
751 request the withdrawal of blood does shall not affect the
752 admissibility of a test of blood withdrawn for medical purposes.
753 1. Notwithstanding any provision of law pertaining to the
754 confidentiality of hospital records or other medical records, if
755 a health care provider, who is providing medical care in a
756 health care facility to a person injured in a motor vehicle
757 crash, becomes aware, as a result of any blood test performed in
758 the course of that medical treatment, that the person’s blood
759 alcohol level meets or exceeds the blood-alcohol level specified
760 in s. 316.193(1)(a)2. s. 316.193(1)(b), the health care provider
761 may notify any law enforcement officer or law enforcement
762 agency. Any such notice must be given within a reasonable time
763 after the health care provider receives the test result. Any
764 such notice shall be used only for the purpose of providing the
765 law enforcement officer with reasonable cause to request the
766 withdrawal of a blood sample pursuant to this section.
767 2. The notice must shall consist only of the name of the
768 person being treated, the name of the person who drew the blood,
769 the blood-alcohol level indicated by the test, and the date and
770 time of the administration of the test.
771 3. Nothing contained in s. 395.3025(4), s. 456.057, or any
772 applicable practice act affects the authority to provide notice
773 under this section, and the health care provider is not
774 considered to have breached any duty owed to the person under s.
775 395.3025(4), s. 456.057, or any applicable practice act by
776 providing notice or failing to provide notice. It is shall not
777 be a breach of any ethical, moral, or legal duty for a health
778 care provider to provide notice or fail to provide notice.
779 4. A civil, criminal, or administrative action may not be
780 brought against any person or health care provider participating
781 in good faith in the provision of notice or failure to provide
782 notice as provided in this section. Any person or health care
783 provider participating in the provision of notice or failure to
784 provide notice as provided in this section shall be immune from
785 any civil or criminal liability and from any professional
786 disciplinary action with respect to the provision of notice or
787 failure to provide notice under this section. Any such
788 participant has the same immunity with respect to participating
789 in any judicial proceedings resulting from the notice or failure
790 to provide notice.
791 Section 14. Subsection (3) of section 316.303, Florida
792 Statutes, is amended to read:
793 316.303 Television receivers.—
794 (3) This section does not prohibit the use of an electronic
795 display used in conjunction with a vehicle navigation system; an
796 electronic display used by an operator of an autonomous vehicle,
797 as defined in s. 316.003(4) s. 316.003(3); or an electronic
798 display used by an operator of a vehicle equipped and operating
799 with driver-assistive truck platooning technology, as defined in
800 s. 316.003.
801 Section 15. Paragraph (b) of subsection (3) of section
802 316.305, Florida Statutes, is amended to read:
803 316.305 Wireless communications devices; prohibition.—
804 (3)
805 (b) Paragraph (a) does not apply to a motor vehicle
806 operator who is:
807 1. Performing official duties as an operator of an
808 authorized emergency vehicle as defined in s. 322.01, a law
809 enforcement or fire service professional, or an emergency
810 medical services professional.
811 2. Reporting an emergency or criminal or suspicious
812 activity to law enforcement authorities.
813 3. Receiving messages that are:
814 a. Related to the operation or navigation of the motor
815 vehicle;
816 b. Safety-related information, including emergency,
817 traffic, or weather alerts;
818 c. Data used primarily by the motor vehicle; or
819 d. Radio broadcasts.
820 4. Using a device or system for navigation purposes.
821 5. Conducting wireless interpersonal communication that
822 does not require manual entry of multiple letters, numbers, or
823 symbols, except to activate, deactivate, or initiate a feature
824 or function.
825 6. Conducting wireless interpersonal communication that
826 does not require reading text messages, except to activate,
827 deactivate, or initiate a feature or function.
828 7. Operating an autonomous vehicle, as defined in s.
829 316.003(4) s. 316.003(3), with the automated driving system
830 engaged.
831 Section 16. Paragraph (a) of subsection (3) of section
832 316.306, Florida Statutes, is amended to read:
833 316.306 School and work zones; prohibition on the use of a
834 wireless communications device in a handheld manner.—
835 (3)(a)1. A person may not operate a motor vehicle while
836 using a wireless communications device in a handheld manner in a
837 designated school crossing, school zone, or work zone area as
838 defined in s. 316.003(112) s. 316.003(111). This subparagraph
839 shall only be applicable to work zone areas if construction
840 personnel are present or are operating equipment on the road or
841 immediately adjacent to the work zone area. For the purposes of
842 this paragraph, a motor vehicle that is stationary is not being
843 operated and is not subject to the prohibition in this
844 paragraph.
845 2. Effective January 1, 2020, a law enforcement officer may
846 stop motor vehicles and issue citations to persons who are
847 driving while using a wireless communications device in a
848 handheld manner in violation of subparagraph 1.
849 Section 17. Subsections (1) and (5) of section 316.85,
850 Florida Statutes, are amended to read:
851 316.85 Autonomous vehicles; operation; compliance with
852 traffic and motor vehicle laws; testing.—
853 (1) Notwithstanding any other law, a licensed human
854 operator is not required to operate a fully autonomous vehicle
855 as defined in s. 316.003(4) s. 316.003(3).
856 (5) Notwithstanding any other provision of this chapter, an
857 autonomous vehicle or a fully autonomous vehicle equipped with a
858 teleoperation system may operate without a human operator
859 physically present in the vehicle when the teleoperation system
860 is engaged. A vehicle that is subject to this subsection must
861 meet the requirements of s. 319.145 and is considered a vehicle
862 that meets the definition provided in s. 316.003(4)(c) s.
863 316.003(3)(c) for the purposes of ss. 316.062(5), 316.063(4),
864 316.065(5), 316.1975(3), and 316.303(1).
865 Section 18. Paragraphs (e) and (f) of subsection (2) of
866 section 322.18, Florida Statutes, are amended to read:
867 322.18 Original applications, licenses, and renewals;
868 expiration of licenses; delinquent licenses.—
869 (2) Each applicant who is entitled to the issuance of a
870 driver license, as provided in this section, shall be issued a
871 driver license, as follows:
872 (e) Notwithstanding any other provision of this chapter, an
873 applicant applying for an original or renewal issuance of a
874 commercial driver license as defined in s. 322.01(8) s.
875 322.01(7), with a hazardous-materials endorsement, pursuant to
876 s. 322.57(1)(e), shall be issued a driver license that expires
877 at midnight on the licensee’s birthday that next occurs 4 years
878 after the month of expiration of the license being issued or
879 renewed.
880 (f) Notwithstanding any other provision of this chapter, an
881 applicant applying for an original issuance of a commercial
882 driver license as defined in s. 322.01(8) s. 322.01(7) shall be
883 issued a driver license that expires at midnight 8 years after
884 the licensee’s last birthday prior to issuance of the license.
885 Section 19. Subsection (2) of section 322.34, Florida
886 Statutes, is amended to read:
887 322.34 Driving while license suspended, revoked, canceled,
888 or disqualified.—
889 (2) Any person whose driver license or driving privilege
890 has been canceled, suspended, or revoked as provided by law, or
891 who does not have a driver license or driving privilege but is
892 under suspension or revocation equivalent status as defined in
893 s. 322.01(43) s. 322.01(42), except persons defined in s.
894 322.264, who, knowing of such cancellation, suspension,
895 revocation, or suspension or revocation equivalent status,
896 drives any motor vehicle upon the highways of this state while
897 such license or privilege is canceled, suspended, or revoked, or
898 while under suspension or revocation equivalent status, commits:
899 (a) A misdemeanor of the second degree, punishable as
900 provided in s. 775.082 or s. 775.083.
901 (b)1. A misdemeanor of the first degree, punishable as
902 provided in s. 775.082 or s. 775.083, upon a second or
903 subsequent conviction, except as provided in paragraph (c).
904 2. A person convicted of a third or subsequent conviction,
905 except as provided in paragraph (c), must serve a minimum of 10
906 days in jail.
907 (c) A felony of the third degree, punishable as provided in
908 s. 775.082, s. 775.083, or s. 775.084, upon a third or
909 subsequent conviction if the current violation of this section
910 or the most recent prior violation of the section is related to
911 driving while license canceled, suspended, revoked, or
912 suspension or revocation equivalent status resulting from a
913 violation of:
914 1. Driving under the influence;
915 2. Refusal to submit to a urine, breath-alcohol, or blood
916 alcohol test;
917 3. A traffic offense causing death or serious bodily
918 injury; or
919 4. Fleeing or eluding.
920
921 The element of knowledge is satisfied if the person has been
922 previously cited as provided in subsection (1); or the person
923 admits to knowledge of the cancellation, suspension, or
924 revocation, or suspension or revocation equivalent status; or
925 the person received notice as provided in subsection (4). There
926 shall be a rebuttable presumption that the knowledge requirement
927 is satisfied if a judgment or order as provided in subsection
928 (4) appears in the department’s records for any case except for
929 one involving a suspension by the department for failure to pay
930 a traffic fine or for a financial responsibility violation.
931 Section 20. Subsection (4) of section 322.61, Florida
932 Statutes, is amended to read:
933 322.61 Disqualification from operating a commercial motor
934 vehicle.—
935 (4) Any person who is transporting hazardous materials as
936 defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of
937 an offense specified in subsection (3), be disqualified from
938 operating a commercial motor vehicle for a period of 3 years.
939 The penalty provided in this subsection shall be in addition to
940 any other applicable penalty.
941 Section 21. Subsection (1) of section 327.391, Florida
942 Statutes, is amended to read:
943 327.391 Airboats regulated.—
944 (1) The exhaust of every internal combustion engine used on
945 any airboat operated on the waters of this state shall be
946 provided with an automotive-style factory muffler, underwater
947 exhaust, or other manufactured device capable of adequately
948 muffling the sound of the exhaust of the engine as described in
949 s. 327.02(32) s. 327.02(31). The use of cutouts or flex pipe as
950 the sole source of muffling is prohibited, except as provided in
951 subsection (4). A person who violates this subsection commits a
952 noncriminal infraction, punishable as provided in s. 327.73(1).
953 Section 22. Subsection (8) of section 327.53, Florida
954 Statutes, is amended to read:
955 327.53 Marine sanitation.—
956 (8) The owner or operator of a live-aboard vessel as
957 defined in s. 327.02(24) s. 327.02(23), or a houseboat as
958 defined in s. 327.02(18) s. 327.02(17), that is equipped with a
959 marine sanitation device must maintain a record of the date of
960 each pumpout of the marine sanitation device and the location of
961 the pumpout station or waste reception facility. Each record
962 must be maintained for 1 year after the date of the pumpout.
963 This subsection does not apply to marine compost toilets that
964 process and manage human waste using marine compost toilet
965 technologies that comply with United States Coast Guard
966 requirements.
967 Section 23. Paragraphs (b) and (c) of subsection (1) of
968 section 627.749, Florida Statutes, are amended to read:
969 627.749 Autonomous vehicles; insurance requirements.—
970 (1) DEFINITIONS.—As used in this section, the term:
971 (b) “Autonomous vehicle” has the same meaning as provided
972 in s. 316.003(4) s. 316.003(3).
973 (c) “Fully autonomous vehicle” has the same meaning as
974 provided in s. 316.003(4) s. 316.003(3).
975 Section 24. Subsection (1) of section 655.960, Florida
976 Statutes, is amended to read:
977 655.960 Definitions; ss. 655.960-655.965.—As used in this
978 section and ss. 655.961-655.965, unless the context otherwise
979 requires:
980 (1) “Access area” means any paved walkway or sidewalk which
981 is within 50 feet of any automated teller machine. The term does
982 not include any street or highway open to the use of the public,
983 as defined in s. 316.003(90)(a) or (b) s. 316.003(89)(a) or (b),
984 including any adjacent sidewalk, as defined in s. 316.003.
985 Section 25. Paragraphs (g), (h), and (i) of subsection (3)
986 of section 921.0022, Florida Statutes, are amended to read:
987 921.0022 Criminal Punishment Code; offense severity ranking
988 chart.—
989 (3) OFFENSE SEVERITY RANKING CHART
990 (g) LEVEL 7
991
992 FloridaStatute FelonyDegree Description
993 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene.
994 316.193(3)(c)2. 2nd 3rd DUI resulting in serious bodily injury.
995 316.1935(3)(b) 1st Causing serious bodily injury or death to another person; driving at high speed or with wanton disregard for safety while fleeing or attempting to elude law enforcement officer who is in a patrol vehicle with siren and lights activated.
996 327.35(3)(c)2. 2nd 3rd Vessel BUI resulting in serious bodily injury.
997 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death.
998 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less.
999 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000.
1000 456.065(2) 3rd Practicing a health care profession without a license.
1001 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury.
1002 458.327(1) 3rd Practicing medicine without a license.
1003 459.013(1) 3rd Practicing osteopathic medicine without a license.
1004 460.411(1) 3rd Practicing chiropractic medicine without a license.
1005 461.012(1) 3rd Practicing podiatric medicine without a license.
1006 462.17 3rd Practicing naturopathy without a license.
1007 463.015(1) 3rd Practicing optometry without a license.
1008 464.016(1) 3rd Practicing nursing without a license.
1009 465.015(2) 3rd Practicing pharmacy without a license.
1010 466.026(1) 3rd Practicing dentistry or dental hygiene without a license.
1011 467.201 3rd Practicing midwifery without a license.
1012 468.366 3rd Delivering respiratory care services without a license.
1013 483.828(1) 3rd Practicing as clinical laboratory personnel without a license.
1014 483.901(7) 3rd Practicing medical physics without a license.
1015 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription.
1016 484.053 3rd Dispensing hearing aids without a license.
1017 494.0018(2) 1st Conviction of any violation of chapter 494 in which the total money and property unlawfully obtained exceeded $50,000 and there were five or more victims.
1018 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money services business.
1019 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000.
1020 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution.
1021 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations.
1022 775.21(10)(b) 3rd Sexual predator working where children regularly congregate.
1023 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.
1024 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony.
1025 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter).
1026 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide).
1027 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide).
1028 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement.
1029 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon.
1030 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant.
1031 784.048(4) 3rd Aggravated stalking; violation of injunction or court order.
1032 784.048(7) 3rd Aggravated stalking; violation of court order.
1033 784.07(2)(d) 1st Aggravated battery on law enforcement officer.
1034 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff.
1035 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older.
1036 784.081(1) 1st Aggravated battery on specified official or employee.
1037 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee.
1038 784.083(1) 1st Aggravated battery on code inspector.
1039 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult.
1040 787.06(3)(e)2. 1st Human trafficking using coercion for labor and services by the transfer or transport of an adult from outside Florida to within the state.
1041 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2).
1042 790.16(1) 1st Discharge of a machine gun under specified circumstances.
1043 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax bomb.
1044 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony.
1045 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction.
1046 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony.
1047 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04.
1048 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a victim younger than 18 years of age.
1049 796.05(1) 1st Live on earnings of a prostitute; 2nd offense.
1050 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense.
1051 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age.
1052 800.04(5)(c)2. 2nd Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years of age; offender 18 years of age or older.
1053 800.04(5)(e) 1st Lewd or lascivious molestation; victim 12 years of age or older but younger than 16 years; offender 18 years or older; prior conviction for specified sex offense.
1054 806.01(2) 2nd Maliciously damage structure by fire or explosive.
1055 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery.
1056 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery.
1057 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery.
1058 810.02(3)(e) 2nd Burglary of authorized emergency vehicle.
1059 812.014(2)(a)1. 1st Property stolen, valued at $100,000 or more or a semitrailer deployed by a law enforcement officer; property stolen while causing other property damage; 1st degree grand theft.
1060 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree.
1061 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft.
1062 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle.
1063 812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5.
1064 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more.
1065 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.
1066 812.131(2)(a) 2nd Robbery by sudden snatching.
1067 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon.
1068 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000.
1069 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud.
1070 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision.
1071 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more.
1072 817.2341 (2)(b) & (3)(b) 1st Making false entries of material fact or false statements regarding property values relating to the solvency of an insuring entity which are a significant cause of the insolvency of that entity.
1073 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud.
1074 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud.
1075 817.535(2)(a) 3rd Filing false lien or other unauthorized document.
1076 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents.
1077 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement.
1078 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult and property is valued at $10,000 or more, but less than $50,000.
1079 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement.
1080 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older.
1081 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer.
1082 838.015 2nd Bribery.
1083 838.016 2nd Unlawful compensation or reward for official behavior.
1084 838.021(3)(a) 2nd Unlawful harm to a public servant.
1085 838.22 2nd Bid tampering.
1086 843.0855(2) 3rd Impersonation of a public officer or employee.
1087 843.0855(3) 3rd Unlawful simulation of legal process.
1088 843.0855(4) 3rd Intimidation of a public officer or employee.
1089 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act.
1090 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act.
1091 872.06 2nd Abuse of a dead human body.
1092 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense.
1093 874.10 1st,PBL Knowingly initiates, organizes, plans, finances, directs, manages, or supervises criminal gang-related activity.
1094 893.13(1)(c)1. 1st Sell, manufacture, or deliver cocaine (or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5.) within 1,000 feet of a child care facility, school, or state, county, or municipal park or publicly owned recreational facility or community center.
1095 893.13(1)(e)1. 1st Sell, manufacture, or deliver cocaine or other drug prohibited under s. 893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5., within 1,000 feet of property used for religious services or a specified business site.
1096 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance.
1097 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs.
1098 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams.
1099 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams.
1100 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams.
1101 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams.
1102 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams.
1103 893.135 (1)(c)3.b. 1st Trafficking in oxycodone, 14 grams or more, less than 25 grams.
1104 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams.
1105 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams.
1106 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms.
1107 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams.
1108 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams.
1109 893.135 (1)(h)1.a. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms.
1110 893.135 (1)(j)1.a. 1st Trafficking in 1,4-Butanediol, 1 kilogram or more, less than 5 kilograms.
1111 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams.
1112 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams.
1113 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams.
1114 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams.
1115 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance.
1116 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000.
1117 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000.
1118 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements.
1119 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements.
1120 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements.
1121 943.0435(13) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1122 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1123 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements.
1124 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1125 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1126 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1127 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph.
1128 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender.
1129 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information.
1130 (h) LEVEL 8
1131
1132 FloridaStatute FelonyDegree Description
1133 316.193 (3)(c)3.316.193(3)(c)3.a. 1st 2nd DUI manslaughter.
1134 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death.
1135 327.35(3)(c)3. 1st 2nd Vessel BUI manslaughter.
1136 499.0051(6) 1st Knowing trafficking in contraband prescription drugs.
1137 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels.
1138 560.123(8)(b)2. 2nd Failure to report currency or payment instruments totaling or exceeding $20,000, but less than $100,000 by money transmitter.
1139 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than $100,000.
1140 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions.
1141 777.03(2)(a) 1st Accessory after the fact, capital felony.
1142 782.04(4) 2nd Killing of human without design when engaged in act or attempt of any felony other than arson, sexual battery, robbery, burglary, kidnapping, aggravated fleeing or eluding with serious bodily injury or death, aircraft piracy, or unlawfully discharging bomb.
1143 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated in s. 782.04(3).
1144 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information.
1145 782.072(2) 1st Committing vessel homicide and failing to render aid or give information.
1146 787.06(3)(a)1. 1st Human trafficking for labor and services of a child.
1147 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult.
1148 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult.
1149 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of a child from outside Florida to within the state.
1150 787.06(3)(f)2. 1st Human trafficking using coercion for commercial sexual activity by the transfer or transport of any adult from outside Florida to within the state.
1151 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage.
1152 794.011(5)(a) 1st Sexual battery; victim 12 years of age or older but younger than 18 years; offender 18 years or older; offender does not use physical force likely to cause serious injury.
1153 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical force likely to cause serious injury.
1154 794.011(5)(c) 2nd Sexual battery; victim 12 years of age or older; offender younger than 18 years; offender does not use physical force likely to cause injury.
1155 794.011(5)(d) 1st Sexual battery; victim 12 years of age or older; offender does not use physical force likely to cause serious injury; prior conviction for specified sex offense.
1156 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state.
1157 800.04(4)(b) 2nd Lewd or lascivious battery.
1158 800.04(4)(c) 1st Lewd or lascivious battery; offender 18 years of age or older; prior conviction for specified sex offense.
1159 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure.
1160 810.02(2)(a) 1st,PBL Burglary with assault or battery.
1161 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon.
1162 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage.
1163 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree.
1164 812.13(2)(b) 1st Robbery with a weapon.
1165 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon.
1166 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense.
1167 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense.
1168 817.505(4)(c) 1st Patient brokering; 20 or more patients.
1169 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense.
1170 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.
1171 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision.
1172 817.535(5)(a) 2nd Filing false lien or other unauthorized document; owner of the property incurs financial loss as a result of the false instrument.
1173 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18.
1174 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents.
1175 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult.
1176 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult.
1177 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more.
1178 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony.
1179 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony.
1180 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm.
1181 860.16 1st Aircraft piracy.
1182 893.13(1)(b) 1st Sell or deliver in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1183 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1184 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(a) or (b).
1185 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs.
1186 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams.
1187 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams.
1188 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or more, less than 300 grams.
1189 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams.
1190 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams.
1191 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams.
1192 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms.
1193 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams.
1194 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28 grams.
1195 893.135 (1)(h)1.b. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms.
1196 893.135 (1)(j)1.b. 1st Trafficking in 1,4-Butanediol, 5 kilograms or more, less than 10 kilograms.
1197 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams.
1198 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms.
1199 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams.
1200 893.1351(3) 1st Possession of a place used to manufacture controlled substance when minor is present or resides there.
1201 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity.
1202 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property.
1203 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity.
1204 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000.
1205 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000.
1206 (i) LEVEL 9
1207
1208 FloridaStatute FelonyDegree Description
1209 316.193(3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information.
1210 327.35(3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information.
1211 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more.
1212 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm.
1213 560.123(8)(b)3. 1st Failure to report currency or payment instruments totaling or exceeding $100,000 by money transmitter.
1214 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000.
1215 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution.
1216 775.0844 1st Aggravated white collar crime.
1217 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder.
1218 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated fleeing or eluding with serious bodily injury or death, and other specified felonies.
1219 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3).
1220 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult.
1221 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage.
1222 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony.
1223 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function.
1224 787.02(3)(a) 1st,PBL False imprisonment; child under age 13; perpetrator also commits aggravated child abuse, sexual battery, or lewd or lascivious battery, molestation, conduct, or exhibition.
1225 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child.
1226 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien.
1227 787.06(3)(f)1. 1st,PBL Human trafficking for commercial sexual activity by the transfer or transport of any child from outside Florida to within the state.
1228 790.161 1st Attempted capital destructive device offense.
1229 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction.
1230 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age.
1231 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years.
1232 794.011(4)(a) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older but younger than 18 years; offender 18 years or older.
1233 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older.
1234 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12 years of age or older; offender younger than 18 years.
1235 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses.
1236 794.011(8)(b) 1st,PBL Sexual battery; engage in sexual conduct with minor 12 to 18 years by person in familial or custodial authority.
1237 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age.
1238 800.04(5)(b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older.
1239 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon.
1240 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon.
1241 812.135(2)(b) 1st Home-invasion robbery with weapon.
1242 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee.
1243 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision.
1244 817.535(5)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; owner of the property incurs financial loss as a result of the false instrument.
1245 817.568(7) 2nd,PBL Fraudulent use of personal identification information of an individual under the age of 18 by his or her parent, legal guardian, or person exercising custodial authority.
1246 827.03(2)(a) 1st Aggravated child abuse.
1247 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor.
1248 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor.
1249 859.01 1st Poisoning or introducing bacteria, radioactive materials, viruses, or chemical compounds into food, drink, medicine, or water with intent to kill or injure another person.
1250 893.135 1st Attempted capital trafficking offense.
1251 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs.
1252 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms.
1253 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms.
1254 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms.
1255 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms.
1256 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more.
1257 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more.
1258 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more.
1259 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more.
1260 893.135 (1)(h)1.c. 1st Trafficking in gamma-hydroxybutyric acid (GHB), 10 kilograms or more.
1261 893.135 (1)(j)1.c. 1st Trafficking in 1,4-Butanediol, 10 kilograms or more.
1262 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more.
1263 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more.
1264 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more.
1265 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000.
1266 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000.
1267 Section 26. For the purpose of incorporating the amendment
1268 made by this act to section 316.193, Florida Statutes, in a
1269 reference thereto, paragraph (j) of subsection (3) of section
1270 947.146, Florida Statutes, is reenacted to read:
1271 947.146 Control Release Authority.—
1272 (3) Within 120 days prior to the date the state
1273 correctional system is projected pursuant to s. 216.136 to
1274 exceed 99 percent of total capacity, the authority shall
1275 determine eligibility for and establish a control release date
1276 for an appropriate number of parole ineligible inmates committed
1277 to the department and incarcerated within the state who have
1278 been determined by the authority to be eligible for
1279 discretionary early release pursuant to this section. In
1280 establishing control release dates, it is the intent of the
1281 Legislature that the authority prioritize consideration of
1282 eligible inmates closest to their tentative release date. The
1283 authority shall rely upon commitment data on the offender
1284 information system maintained by the department to initially
1285 identify inmates who are to be reviewed for control release
1286 consideration. The authority may use a method of objective risk
1287 assessment in determining if an eligible inmate should be
1288 released. Such assessment shall be a part of the department’s
1289 management information system. However, the authority shall have
1290 sole responsibility for determining control release eligibility,
1291 establishing a control release date, and effectuating the
1292 release of a sufficient number of inmates to maintain the inmate
1293 population between 99 percent and 100 percent of total capacity.
1294 Inmates who are ineligible for control release are inmates who
1295 are parole eligible or inmates who:
1296 (j) Are convicted, or have been previously convicted, of
1297 DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or
1298 have been sentenced at any time, as a habitual offender for such
1299 offense, or have been sentenced at any time in another
1300 jurisdiction as a habitual offender for such offense;
1301
1302 In making control release eligibility determinations under this
1303 subsection, the authority may rely on any document leading to or
1304 generated during the course of the criminal proceedings,
1305 including, but not limited to, any presentence or postsentence
1306 investigation or any information contained in arrest reports
1307 relating to circumstances of the offense.
1308 Section 27. This act shall take effect July 1, 2024.
