Florida Senate - 2017                                     SB 858
       
       
        
       By Senator Stargel
       
       22-01466-17                                            2017858__
    1                        A bill to be entitled                      
    2         An act relating to search warrants; amending s.
    3         933.02, F.S.; expanding the grounds for issuance of a
    4         search warrant to include blood if it constitutes
    5         evidence relevant to proving that misdemeanor driving
    6         under the influence has been committed; providing that
    7         specified rights or privileges do not preclude the
    8         issuance of a search warrant for blood in a driving
    9         under the influence case which is considered an
   10         additional method to secure evidence subsequent to
   11         various other methods; authorizing the issuance of a
   12         search warrant for blood in a misdemeanor driving
   13         under the influence case only after a condition has
   14         been met; making technical changes; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 933.02, Florida Statutes, is amended to
   20  read:
   21         933.02 Grounds for issuance of search warrant.—Upon proper
   22  affidavits being made, a search warrant may be issued under the
   23  provisions of this chapter upon any of the following grounds:
   24         (1) When the property was shall have been stolen or
   25  embezzled in violation of law.;
   26         (2) When any property was shall have been used:
   27         (a) As a means to commit any crime;
   28         (b) In connection with gambling, gambling implements and
   29  appliances; or
   30         (c) In violation of s. 847.011 or other laws in reference
   31  to obscene prints and literature.;
   32         (3) When any property, including blood, constitutes
   33  evidence relevant to proving that:
   34         (a) A misdemeanor for driving under the influence has been
   35  committed; or
   36         (b) A felony has been committed.;
   37  
   38  The issuance of a search warrant for blood for driving under the
   39  influence is not precluded by any of the rights or privileges
   40  enumerated under s. 316.1932 and is considered an additional
   41  method to secure evidence subsequent to the breath, urine, or
   42  blood testing that may be required under s. 316.1932. A search
   43  warrant for blood for a misdemeanor offense of driving under the
   44  influence may be requested only after a refusal to submit to
   45  testing under s. 316.1932 has occurred.
   46         (4) When any property is being held or possessed in
   47  violation of any of the following:
   48         (a) In violation of any of the Laws prohibiting the
   49  manufacture, sale, and transportation of intoxicating liquors.;
   50         (b) In violation of the Fish and game laws.;
   51         (c) In violation of the Laws relative to food and drug.; or
   52         (d) In violation of the Laws relative to citrus disease
   53  pursuant to s. 581.184.; or
   54         (5) When the laws in relation to cruelty to animals, as
   55  provided in chapter 828, have been or are violated in any
   56  particular building or place.
   57  
   58  This section also applies to any papers or documents used as a
   59  means of or in aid of the commission of any offense against the
   60  laws of the state.
   61         Section 2. This act shall take effect July 1, 2017.