Florida Senate - 2025 CS for CS for SB 138
By the Appropriations Committee on Criminal and Civil Justice;
the Committee on Criminal Justice; and Senator Wright
604-02146B-25 2025138c2
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 impairing 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; conforming provisions to changes made
15 by the act; amending ss. 316.1933 and 316.1934, F.S.;
16 conforming provisions to changes made by the act;
17 amending s. 316.1939, F.S.; classifying a person’s
18 refusal to submit to a chemical or physical test of
19 breath or urine as a second degree misdemeanor or a
20 first degree misdemeanor under certain circumstances;
21 conforming a provision to changes made by the act;
22 creating s. 316.19395, F.S.; authorizing state
23 attorneys to create driving under the influence
24 diversion programs; providing requirements for such
25 diversion programs; providing that a person who
26 successfully completes a diversion program is
27 ineligible for participation in such a program in the
28 future; amending s. 316.656, F.S.; prohibiting a court
29 from suspending, deferring, or withholding
30 adjudication of guilt or imposition of sentence for a
31 specified violation; amending s. 322.34, F.S.;
32 providing penalties for specified violations of
33 driving while a license or driving privilege is
34 canceled, suspended, or revoked or while under
35 suspension or revocation equivalent status; amending
36 s. 327.35, F.S.; prohibiting a person from operating a
37 vessel while under the influence of any impairing
38 substance; conforming a provision to changes made by
39 the act; amending ss. 327.352, 327.353, 327.354, and
40 327.359, F.S.; conforming provisions to changes made
41 by the act; amending s. 782.071, F.S.; providing
42 enhanced criminal penalties for a violation of
43 vehicular homicide if the person has a prior
44 conviction for a violation of specified provisions;
45 amending s. 933.02, F.S.; permitting the issuance of a
46 search warrant when a sample of blood of a person
47 constitutes evidence relevant to proving specified
48 crimes; providing an effective date.
49
50 Be It Enacted by the Legislature of the State of Florida:
51
52 Section 1. This act may be cited as “Trenton’s Law.”
53 Section 2. Subsections (1) and (3) of section 316.193,
54 Florida Statutes, are amended, and subsection (2) of that
55 section is republished, to read:
56 316.193 Driving under the influence; penalties.—
57 (1) A person commits is guilty of the offense of driving
58 under the influence and is subject to punishment as provided in
59 subsection (2) if the person is driving or in actual physical
60 control of a vehicle within this state and:
61 (a) The person is under the influence of alcoholic
62 beverages, any chemical substance set forth in s. 877.111, or
63 any substance controlled under chapter 893, or any impairing
64 substance, when affected to the extent that the person’s normal
65 faculties are impaired;
66 (b) The person has a blood-alcohol level of 0.08 or more
67 grams of alcohol per 100 milliliters of blood; or
68 (c) The person has a breath-alcohol level of 0.08 or more
69 grams of alcohol per 210 liters of breath.
70 (2)(a) Except as provided in paragraph (b), subsection (3),
71 or subsection (4), any person who is convicted of a violation of
72 subsection (1) shall be punished:
73 1. By a fine of:
74 a. Not less than $500 or more than $1,000 for a first
75 conviction.
76 b. Not less than $1,000 or more than $2,000 for a second
77 conviction; and
78 2. By imprisonment for:
79 a. Not more than 6 months for a first conviction.
80 b. Not more than 9 months for a second conviction.
81 3. For a second conviction, by mandatory placement for a
82 period of at least 1 year, at the convicted person’s sole
83 expense, of an ignition interlock device approved by the
84 department in accordance with s. 316.1938 upon all vehicles that
85 are individually or jointly leased or owned and routinely
86 operated by the convicted person, when the convicted person
87 qualifies for a permanent or restricted license.
88
89 The portion of a fine imposed in excess of $500 pursuant to sub
90 subparagraph 1.a. and the portion of a fine imposed in excess of
91 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by
92 the clerk to the Department of Revenue for deposit into the
93 General Revenue Fund.
94 (b)1. Any person who is convicted of a third violation of
95 this section for an offense that occurs within 10 years after a
96 prior conviction for a violation of this section commits a
97 felony of the third degree, punishable as provided in s.
98 775.082, s. 775.083, or s. 775.084. In addition, the court shall
99 order the mandatory placement for a period of not less than 2
100 years, at the convicted person’s sole expense, of an ignition
101 interlock device approved by the department in accordance with
102 s. 316.1938 upon all vehicles that are individually or jointly
103 leased or owned and routinely operated by the convicted person,
104 when the convicted person qualifies for a permanent or
105 restricted license.
106 2. Any person who is convicted of a third violation of this
107 section for an offense that occurs more than 10 years after the
108 date of a prior conviction for a violation of this section shall
109 be punished by a fine of not less than $2,000 or more than
110 $5,000 and by imprisonment for not more than 12 months. The
111 portion of a fine imposed in excess of $2,500 pursuant to this
112 subparagraph shall be remitted by the clerk to the Department of
113 Revenue for deposit into the General Revenue Fund. In addition,
114 the court shall order the mandatory placement for a period of at
115 least 2 years, at the convicted person’s sole expense, of an
116 ignition interlock device approved by the department in
117 accordance with s. 316.1938 upon all vehicles that are
118 individually or jointly leased or owned and routinely operated
119 by the convicted person, when the convicted person qualifies for
120 a permanent or restricted license.
121 3. Any person who is convicted of a fourth or subsequent
122 violation of this section, regardless of when any prior
123 conviction for a violation of this section occurred, commits a
124 felony of the third degree, punishable as provided in s.
125 775.082, s. 775.083, or s. 775.084. However, the fine imposed
126 for such fourth or subsequent violation may be not less than
127 $2,000. The portion of a fine imposed in excess of $1,000
128 pursuant to this subparagraph shall be remitted by the clerk to
129 the Department of Revenue for deposit into the General Revenue
130 Fund.
131 (c) In addition to the penalties in paragraph (a), the
132 court may order placement, at the convicted person’s sole
133 expense, of an ignition interlock device approved by the
134 department in accordance with s. 316.1938 for at least 6
135 continuous months upon all vehicles that are individually or
136 jointly leased or owned and routinely operated by the convicted
137 person if, at the time of the offense, the person had a blood
138 alcohol level or breath-alcohol level of .08 or higher.
139 (3) Any person:
140 (a) Who is in violation of subsection (1);
141 (b) Who operates a vehicle; and
142 (c) Who, by reason of such operation, causes or contributes
143 to causing:
144 1. Damage to the property or person of another commits a
145 misdemeanor of the first degree, punishable as provided in s.
146 775.082 or s. 775.083.
147 2. Serious bodily injury to another, as defined in s.
148 316.1933, commits a felony of the third degree, punishable as
149 provided in s. 775.082, s. 775.083, or s. 775.084.
150 3. The death of any human being or unborn child commits DUI
151 manslaughter, and commits:
152 a. A felony of the second degree, punishable as provided in
153 s. 775.082, s. 775.083, or s. 775.084.
154 b. A felony of the first degree, punishable as provided in
155 s. 775.082, s. 775.083, or s. 775.084, if:
156 (I) At the time of the crash, the person knew, or should
157 have known, that the crash occurred; and
158 (II) The person failed to give information and render aid
159 as required by s. 316.062.
160 c. A felony of the first degree, punishable as provided in
161 s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
162 conviction for a violation of this subparagraph or s. 782.071.
163
164 For purposes of this subsection, the term “unborn child” has the
165 same meaning as provided in s. 775.021(5). A person who is
166 convicted of DUI manslaughter shall be sentenced to a mandatory
167 minimum term of imprisonment of 4 years.
168 Section 3. Paragraphs (a) and (c) of subsection (1) of
169 section 316.1932, Florida Statutes, are amended to read:
170 316.1932 Tests for alcohol, chemical substances, or
171 controlled substances, or impairing substances; implied consent;
172 refusal.—
173 (1)(a)1.a. A person who accepts the privilege extended by
174 the laws of this state of operating a motor vehicle within this
175 state is, by operating such vehicle, deemed to have given his or
176 her consent to submit to an approved chemical test or physical
177 test including, but not limited to, an infrared light test of
178 his or her breath for the purpose of determining the alcoholic
179 content of his or her blood or breath if the person is lawfully
180 arrested for any offense allegedly committed while the person
181 was driving or was in actual physical control of a motor vehicle
182 while under the influence of alcoholic beverages. The chemical
183 or physical breath test must be incidental to a lawful arrest
184 and administered at the request of a law enforcement officer who
185 has reasonable cause to believe such person was driving or was
186 in actual physical control of the motor vehicle within this
187 state while under the influence of alcoholic beverages. The
188 administration of a breath test does not preclude the
189 administration of another type of test. The person must shall be
190 told that his or her failure to submit to any lawful test of his
191 or her breath will result in the suspension of his or her the
192 person’s privilege to operate a motor vehicle as provided in s.
193 322.2615(1)(a) for a period of 1 year for a first refusal, or
194 for a period of 18 months if the driving privilege of such
195 person has been previously suspended or if he or she has
196 previously been fined under s. 327.35215 as a result of a
197 refusal to submit to a test or tests required under this chapter
198 or chapter 327, and must shall also be told that if he or she
199 refuses to submit to a lawful test of his or her breath and his
200 or her driving privilege has been previously suspended or if he
201 or she has previously been fined under s. 327.35215 for a prior
202 refusal to submit to a lawful test of his or her breath, urine,
203 or blood as required under this chapter or chapter 327, he or
204 she commits a misdemeanor of the second first degree, punishable
205 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
206 first degree, punishable as provided in s. 775.082 or s.
207 775.083, if his or her driving privilege has been previously
208 suspended or if he or she has previously been fined under s.
209 327.35215 for a prior refusal to submit to a lawful test of his
210 or her breath, urine, or blood as required under this chapter or
211 chapter 327, in addition to any other penalties provided by law.
212 The refusal to submit to a chemical or physical breath test upon
213 the request of a law enforcement officer as provided in this
214 section is admissible into evidence in any criminal proceeding.
215 b. A person who accepts the privilege extended by the laws
216 of this state of operating a motor vehicle within this state is,
217 by operating such vehicle, deemed to have given his or her
218 consent to submit to a urine test for the purpose of detecting
219 the presence of chemical substances as set forth in s. 877.111,
220 or controlled substances, or impairing substances if the person
221 is lawfully arrested for any offense allegedly committed while
222 the person was driving or was in actual physical control of a
223 motor vehicle while under the influence of chemical substances,
224 or controlled substances, or impairing substances. The urine
225 test must be incidental to a lawful arrest and administered at a
226 detention facility or any other facility, mobile or otherwise,
227 which is equipped to administer such tests at the request of a
228 law enforcement officer who has reasonable cause to believe such
229 person was driving or was in actual physical control of a motor
230 vehicle within this state while under the influence of chemical
231 substances, or controlled substances, or impairing substances.
232 The urine test must shall be administered at a detention
233 facility or any other facility, mobile or otherwise, which is
234 equipped to administer such test in a reasonable manner that
235 will ensure the accuracy of the specimen and maintain the
236 privacy of the individual involved. The administration of a
237 urine test does not preclude the administration of another type
238 of test. The person must shall be told that his or her failure
239 to submit to any lawful test of his or her urine will result in
240 the suspension of his or her the person’s privilege to operate a
241 motor vehicle for a period of 1 year for the first refusal, or
242 for a period of 18 months if the driving privilege of such
243 person has been previously suspended or if he or she has
244 previously been fined under s. 327.35215 as a result of a
245 refusal to submit to a test or tests required under this chapter
246 or chapter 327, and must shall also be told that if he or she
247 refuses to submit to a lawful test of his or her urine and his
248 or her driving privilege has been previously suspended or if he
249 or she has previously been fined under s. 327.35215 for a prior
250 refusal to submit to a lawful test of his or her breath, urine,
251 or blood as required under this chapter or chapter 327, he or
252 she commits a misdemeanor of the second first degree, punishable
253 as provided in s. 775.082 or s. 775.083, or a misdemeanor of the
254 first degree, punishable as provided in s. 775.082 or s.
255 775.083, if his or her driving privilege has been previously
256 suspended or if he or she has previously been fined under s.
257 327.35215 for a prior refusal to submit to a lawful test of his
258 or her breath, urine, or blood as required under this chapter or
259 chapter 327, in addition to any other penalties provided by law.
260 The refusal to submit to a urine test upon the request of a law
261 enforcement officer as provided in this section is admissible
262 into evidence in any criminal proceeding.
263 2. The Alcohol Testing Program within the Department of Law
264 Enforcement is responsible for the regulation of the operation,
265 inspection, and registration of breath test instruments utilized
266 under the driving and boating under the influence provisions and
267 related provisions located in this chapter and chapters 322 and
268 327. The program is responsible for the regulation of the
269 individuals who operate, inspect, and instruct on the breath
270 test instruments utilized in the driving and boating under the
271 influence provisions and related provisions located in this
272 chapter and chapters 322 and 327. The program is further
273 responsible for the regulation of blood analysts who conduct
274 blood testing to be utilized under the driving and boating under
275 the influence provisions and related provisions located in this
276 chapter and chapters 322 and 327. The program shall:
277 a. Establish uniform criteria for the issuance of permits
278 to breath test operators, agency inspectors, instructors, blood
279 analysts, and instruments.
280 b. Have the authority to permit breath test operators,
281 agency inspectors, instructors, blood analysts, and instruments.
282 c. Have the authority to discipline and suspend, revoke, or
283 renew the permits of breath test operators, agency inspectors,
284 instructors, blood analysts, and instruments.
285 d. Establish uniform requirements for instruction and
286 curricula for the operation and inspection of approved
287 instruments.
288 e. Have the authority to specify one approved curriculum
289 for the operation and inspection of approved instruments.
290 f. Establish a procedure for the approval of breath test
291 operator and agency inspector classes.
292 g. Have the authority to approve or disapprove breath test
293 instruments and accompanying paraphernalia for use pursuant to
294 the driving and boating under the influence provisions and
295 related provisions located in this chapter and chapters 322 and
296 327.
297 h. With the approval of the executive director of the
298 Department of Law Enforcement, make and enter into contracts and
299 agreements with other agencies, organizations, associations,
300 corporations, individuals, or federal agencies as are necessary,
301 expedient, or incidental to the performance of duties.
302 i. Issue final orders which include findings of fact and
303 conclusions of law and which constitute final agency action for
304 the purpose of chapter 120.
305 j. Enforce compliance with this section through civil or
306 administrative proceedings.
307 k. Make recommendations concerning any matter within the
308 purview of this section, this chapter, chapter 322, or chapter
309 327.
310 l. Adopt Promulgate rules for the administration and
311 implementation of this section, including definitions of terms.
312 m. Consult and cooperate with other entities for the
313 purpose of implementing the mandates of this section.
314 n. Have the authority to approve the type of blood test
315 utilized under the driving and boating under the influence
316 provisions and related provisions located in this chapter and
317 chapters 322 and 327.
318 o. Have the authority to specify techniques and methods for
319 breath alcohol testing and blood testing utilized under the
320 driving and boating under the influence provisions and related
321 provisions located in this chapter and chapters 322 and 327.
322 p. Have the authority to approve repair facilities for the
323 approved breath test instruments, including the authority to set
324 criteria for approval.
325
326 Nothing in this section shall be construed to supersede
327 provisions in this chapter and chapters 322 and 327. The
328 specifications in this section are derived from the power and
329 authority previously and currently possessed by the Department
330 of Law Enforcement and are enumerated to conform with the
331 mandates of chapter 99-379, Laws of Florida.
332 (c) A person who accepts the privilege extended by the laws
333 of this state of operating a motor vehicle within this state is,
334 by operating such vehicle, deemed to have given his or her
335 consent to submit to an approved blood test for the purpose of
336 determining the alcoholic content of the blood or a blood test
337 for the purpose of determining the presence of chemical
338 substances, or controlled substances, or impairing substances as
339 provided in this section if there is reasonable cause to believe
340 the person was driving or in actual physical control of a motor
341 vehicle while under the influence of alcoholic beverages, or
342 chemical substances, or controlled substances, or impairing
343 substances and the person appears for treatment at a hospital,
344 clinic, or other medical facility and the administration of a
345 breath or urine test is impractical or impossible. As used in
346 this paragraph, the term “other medical facility” includes an
347 ambulance or other medical emergency vehicle. The blood test
348 shall be performed in a reasonable manner. A person who is
349 incapable of refusal by reason of unconsciousness or other
350 mental or physical condition is deemed not to have withdrawn his
351 or her consent to such test. A blood test may be administered
352 whether or not the person is told that his or her failure to
353 submit to such a blood test will result in the suspension of the
354 person’s privilege to operate a motor vehicle upon the public
355 highways of this state and that a refusal to submit to a lawful
356 test of his or her blood, if his or her driving privilege has
357 been previously suspended for refusal to submit to a lawful test
358 of his or her breath, urine, or blood, is a misdemeanor. A
359 person who is capable of refusal shall be told that his or her
360 failure to submit to such a blood test will result in the
361 suspension of the person’s privilege to operate a motor vehicle
362 for a period of 1 year for a first refusal, or for a period of
363 18 months if the driving privilege of the person has been
364 suspended previously or if he or she has previously been fined
365 under s. 327.35215 as a result of a refusal to submit to a test
366 or tests required under this chapter or chapter 327. The refusal
367 to submit to a blood test upon the request of a law enforcement
368 officer is admissible in evidence in any criminal proceeding.
369 Section 4. Paragraph (a) of subsection (1), paragraph (a)
370 of subsection (2), paragraph (b) of subsection (3), and
371 subsection (4) of section 316.1933, Florida Statutes, are
372 amended to read:
373 316.1933 Blood test for impairment or intoxication in cases
374 of death or serious bodily injury; right to use reasonable
375 force.—
376 (1)(a) If a law enforcement officer has probable cause to
377 believe that a motor vehicle driven by or in the actual physical
378 control of a person under the influence of alcoholic beverages,
379 any chemical substances, or any controlled substances, or any
380 impairing substances has caused the death or serious bodily
381 injury of a human being, a law enforcement officer shall require
382 the person driving or in actual physical control of the motor
383 vehicle to submit to a test of the person’s blood for the
384 purpose of determining the alcoholic content thereof or the
385 presence of chemical substances as set forth in s. 877.111, or
386 any substances substance controlled under chapter 893, or any
387 impairing substances. The law enforcement officer may use
388 reasonable force if necessary to require such person to submit
389 to the administration of the blood test. The blood test shall be
390 performed in a reasonable manner. Notwithstanding s. 316.1932,
391 the testing required by this paragraph need not be incidental to
392 a lawful arrest of the person.
393 (2)(a) Only a physician, certified paramedic, registered
394 nurse, licensed practical nurse, other personnel authorized by a
395 hospital to draw blood, or duly licensed clinical laboratory
396 director, supervisor, technologist, or technician, acting at the
397 request of a law enforcement officer, may withdraw blood for the
398 purpose of determining the alcoholic content thereof or the
399 presence of chemical substances, or controlled substances, or
400 impairing substances therein. However, the failure of a law
401 enforcement officer to request the withdrawal of blood does
402 shall not affect the admissibility of a test of blood withdrawn
403 for medical purposes.
404 1. Notwithstanding any provision of law pertaining to the
405 confidentiality of hospital records or other medical records, if
406 a health care provider, who is providing medical care in a
407 health care facility to a person injured in a motor vehicle
408 crash, becomes aware, as a result of any blood test performed in
409 the course of that medical treatment, that the person’s blood
410 alcohol level meets or exceeds the blood-alcohol level specified
411 in s. 316.193(1)(b), the health care provider may notify any law
412 enforcement officer or law enforcement agency. Any such notice
413 must be given within a reasonable time after the health care
414 provider receives the test result. Any such notice shall be used
415 only for the purpose of providing the law enforcement officer
416 with reasonable cause to request the withdrawal of a blood
417 sample pursuant to this section.
418 2. The notice shall consist only of the name of the person
419 being treated, the name of the person who drew the blood, the
420 blood-alcohol level indicated by the test, and the date and time
421 of the administration of the test.
422 3. Nothing contained in s. 395.3025(4), s. 456.057, or any
423 applicable practice act affects the authority to provide notice
424 under this section, and the health care provider is not
425 considered to have breached any duty owed to the person under s.
426 395.3025(4), s. 456.057, or any applicable practice act by
427 providing notice or failing to provide notice. It is shall not
428 be a breach of any ethical, moral, or legal duty for a health
429 care provider to provide notice or fail to provide notice.
430 4. A civil, criminal, or administrative action may not be
431 brought against any person or health care provider participating
432 in good faith in the provision of notice or failure to provide
433 notice as provided in this section. Any person or health care
434 provider participating in the provision of notice or failure to
435 provide notice as provided in this section shall be immune from
436 any civil or criminal liability and from any professional
437 disciplinary action with respect to the provision of notice or
438 failure to provide notice under this section. Any such
439 participant has the same immunity with respect to participating
440 in any judicial proceedings resulting from the notice or failure
441 to provide notice.
442 (3)
443 (b) The results of any test administered pursuant to this
444 section for the purpose of detecting the presence of any
445 controlled substance or impairing substance are shall not be
446 admissible as evidence in a criminal prosecution for the
447 possession of a controlled substance or impairing substance.
448 (4) Notwithstanding any provision of law pertaining to the
449 confidentiality of hospital records or other medical records,
450 information relating to the alcoholic content of the blood or
451 the presence of chemical substances, or controlled substances,
452 or impairing substances in the blood obtained pursuant to this
453 section shall be released to a court, prosecuting attorney,
454 defense attorney, or law enforcement officer in connection with
455 an alleged violation of s. 316.193 upon request for such
456 information.
457 Section 5. Subsections (1) and (2) of section 316.1934,
458 Florida Statutes, are amended to read:
459 316.1934 Presumption of impairment; testing methods.—
460 (1) It is unlawful and punishable as provided in chapter
461 322 and in s. 316.193 for any person who is under the influence
462 of alcoholic beverages, or controlled substances, or impairing
463 substances, when affected to the extent that the person’s normal
464 faculties are impaired or to the extent that the person is
465 deprived of full possession of normal faculties, to drive or be
466 in actual physical control of any motor vehicle within this
467 state. Such normal faculties include, but are not limited to,
468 the ability to see, hear, walk, talk, judge distances, drive an
469 automobile, make judgments, act in emergencies, and, in general,
470 normally perform the many mental and physical acts of daily
471 life.
472 (2) At the trial of any civil or criminal action or
473 proceeding arising out of acts alleged to have been committed by
474 any person while driving, or in actual physical control of, a
475 vehicle while under the influence of alcoholic beverages, or
476 controlled substances, or impairing substances, when affected to
477 the extent that the person’s normal faculties were impaired or
478 to the extent that he or she was deprived of full possession of
479 his or her normal faculties, the results of any test
480 administered in accordance with s. 316.1932 or s. 316.1933 and
481 this section are admissible into evidence when otherwise
482 admissible, and the amount of alcohol in the person’s blood or
483 breath at the time alleged, as shown by chemical analysis of the
484 person’s blood, or by chemical or physical test of the person’s
485 breath, gives rise to the following presumptions:
486 (a) If there was at that time a blood-alcohol level or
487 breath-alcohol level of 0.05 or less, it is presumed that the
488 person was not under the influence of alcoholic beverages to the
489 extent that his or her normal faculties were impaired.
490 (b) If there was at that time a blood-alcohol level or
491 breath-alcohol level in excess of 0.05 but less than 0.08, that
492 fact does not give rise to any presumption that the person was
493 or was not under the influence of alcoholic beverages to the
494 extent that his or her normal faculties were impaired but may be
495 considered with other competent evidence in determining whether
496 the person was under the influence of alcoholic beverages to the
497 extent that his or her normal faculties were impaired.
498 (c) If there was at that time a blood-alcohol level or
499 breath-alcohol level of 0.08 or higher, that fact is prima facie
500 evidence that the person was under the influence of alcoholic
501 beverages to the extent that his or her normal faculties were
502 impaired. Moreover, such person who has a blood-alcohol level or
503 breath-alcohol level of 0.08 or higher is guilty of driving, or
504 being in actual physical control of, a motor vehicle, with an
505 unlawful blood-alcohol level or breath-alcohol level.
506
507 The presumptions provided in this subsection do not limit the
508 introduction of any other competent evidence bearing upon the
509 question of whether the person was under the influence of
510 alcoholic beverages to the extent that his or her normal
511 faculties were impaired.
512 Section 6. Section 316.1939, Florida Statutes, is amended
513 to read:
514 316.1939 Refusal to submit to testing; penalties.—
515 (1) A person who has refused to submit to a chemical or
516 physical test of his or her breath or urine, as described in s.
517 316.1932, commits a misdemeanor of the second degree, punishable
518 as provided in s. 775.082 or s. 775.083, in addition to any
519 other penalties provided by law, and such person whose driving
520 privilege was previously suspended or who was previously fined
521 under s. 327.35215 for a prior refusal to submit to a lawful
522 test of his or her breath, urine, or blood required under this
523 chapter or chapter 327 commits a misdemeanor of the first
524 degree, punishable as provided in s. 775.082 or s. 775.083, in
525 addition to any other penalties provided by law if all of the
526 following apply, and:
527 (a) Who The arresting law enforcement officer had probable
528 cause to believe that the person was driving or in actual
529 physical control of a motor vehicle in this state while under
530 the influence of alcoholic beverages, chemical substances, or
531 controlled substances, or impairing substances.;
532 (b) The person Who was placed under lawful arrest for a
533 violation of s. 316.193, unless such test was requested pursuant
534 to s. 316.1932(1)(c).;
535 (c) The person Who was informed that, if he or she refused
536 to submit to such test, his or her privilege to operate a motor
537 vehicle would be suspended for a period of 1 year or, in the
538 case of a second or subsequent refusal, for a period of 18
539 months.;
540 (d) The person, after having been informed as required in
541 paragraph (c), still refuses Who was informed that a refusal to
542 submit to a lawful test of his or her breath or urine as
543 described in s. 316.1932, if his or her driving privilege has
544 been previously suspended or if he or she has previously been
545 fined under s. 327.35215 for a prior refusal to submit to a
546 lawful test of his or her breath, urine, or blood as required
547 under this chapter or chapter 327, is a misdemeanor of the first
548 degree, punishable as provided in s. 775.082 or s. 775.083, in
549 addition to any other penalties provided by law; and
550 (e) Who, after having been so informed, refused to submit
551 to any such test when requested to do so by a law enforcement
552 officer or correctional officer
553
554 commits a misdemeanor of the first degree and is subject to
555 punishment as provided in s. 775.082 or s. 775.083.
556 (2) The disposition of any administrative proceeding that
557 relates to the suspension of a person’s driving privilege does
558 not affect a criminal action under this section.
559 (3) The disposition of a criminal action under this section
560 does not affect any administrative proceeding that relates to
561 the suspension of a person’s driving privilege. The department’s
562 records showing that a person’s license has been previously
563 suspended for a prior refusal to submit to a lawful test of his
564 or her breath, urine, or blood are shall be admissible and
565 create shall create a rebuttable presumption of such suspension.
566 Section 7. Section 316.19395, Florida Statutes, is created
567 to read:
568 316.19395 Driving under the influence diversion programs.—
569 (1) Any state attorney may create a driving under the
570 influence diversion program. A state attorney that creates such
571 a diversion program shall publish the terms and conditions of
572 the program on the website of the office of the state attorney.
573 (2) Each state attorney that offers a diversion program
574 under this section shall notify the department of each person
575 who successfully completes the program. The department shall
576 notate the successful completion of the diversion program on the
577 driving record of each such person.
578 (3) A person who successfully completes a diversion program
579 offered under this section is ineligible for future
580 participation in such a program.
581 Section 8. Subsection (1) of section 316.656, Florida
582 Statutes, is amended to read:
583 316.656 Mandatory adjudication; prohibition against
584 accepting plea to lesser included offense.—
585 (1) Notwithstanding the provisions of s. 948.01, a court
586 may not no court may suspend, defer, or withhold adjudication of
587 guilt or imposition of sentence for any violation of s. 316.193
588 or s. 316.1939, for manslaughter resulting from the operation of
589 a motor vehicle, or for vehicular homicide.
590 Section 9. Subsection (2) of section 322.34, Florida
591 Statutes, is amended to read:
592 322.34 Driving while license suspended, revoked, canceled,
593 or disqualified.—
594 (2) Any person whose driver license or driving privilege
595 has been canceled, suspended, or revoked as provided by law, or
596 who does not have a driver license or driving privilege but is
597 under suspension or revocation equivalent status as defined in
598 s. 322.01(43), except persons defined in s. 322.264, who,
599 knowing of such cancellation, suspension, revocation, or
600 suspension or revocation equivalent status, drives any motor
601 vehicle upon the highways of this state while such license or
602 privilege is canceled, suspended, or revoked, or while under
603 suspension or revocation equivalent status, commits:
604 (a) A misdemeanor of the second degree, punishable as
605 provided in s. 775.082 or s. 775.083.
606 (b)1. A misdemeanor of the first degree, punishable as
607 provided in s. 775.082 or s. 775.083, upon a second or
608 subsequent conviction, except as provided in paragraph (c).
609 2. A person convicted of a third or subsequent conviction,
610 except as provided in paragraph (c), must serve a minimum of 10
611 days in jail.
612 (c) A felony of the third degree, punishable as provided in
613 s. 775.082, s. 775.083, or s. 775.084, upon a third or
614 subsequent conviction if the current violation of this section
615 or the most recent prior violation of the section is related to
616 driving while license canceled, suspended, revoked, or
617 suspension or revocation equivalent status resulting from a
618 violation of:
619 1. Driving under the influence. A person to whom this
620 subparagraph applies must serve a minimum of 30 days in jail
621 upon a first conviction, a minimum of 60 days in jail upon a
622 second conviction, and a minimum of 90 days in jail upon a third
623 or subsequent conviction;
624 2. Refusal to submit to a urine, breath-alcohol, or blood
625 alcohol test. A person to whom this subparagraph applies must
626 serve a minimum of 30 days in jail upon a first conviction, a
627 minimum of 60 days in jail upon a second conviction, and a
628 minimum of 90 days in jail upon a third or subsequent
629 conviction;
630 3. A traffic offense causing death or serious bodily
631 injury; or
632 4. Fleeing or eluding.
633
634 The element of knowledge is satisfied if the person has been
635 previously cited as provided in subsection (1); or the person
636 admits to knowledge of the cancellation, suspension, or
637 revocation, or suspension or revocation equivalent status; or
638 the person received notice as provided in subsection (4). There
639 is shall be a rebuttable presumption that the knowledge
640 requirement is satisfied if a judgment or an order as provided
641 in subsection (4) appears in the department’s records for any
642 case except for one involving a suspension by the department for
643 failure to pay a traffic fine or for a financial responsibility
644 violation.
645 Section 10. Subsections (1) and (8) of section 327.35,
646 Florida Statutes, are amended to read:
647 327.35 Boating under the influence; penalties; “designated
648 drivers.”—
649 (1) A person commits is guilty of the offense of boating
650 under the influence and is subject to punishment as provided in
651 subsection (2) if the person is operating a vessel within this
652 state and:
653 (a) The person is under the influence of alcoholic
654 beverages, any chemical substance set forth in s. 877.111, or
655 any substance controlled under chapter 893, or any impairing
656 substance, when affected to the extent that the person’s normal
657 faculties are impaired;
658 (b) The person has a blood-alcohol level of 0.08 or more
659 grams of alcohol per 100 milliliters of blood; or
660 (c) The person has a breath-alcohol level of 0.08 or more
661 grams of alcohol per 210 liters of breath.
662 (8) A person who is arrested for a violation of this
663 section may not be released from custody:
664 (a) Until the person is no longer under the influence of
665 alcoholic beverages, any chemical substance set forth in s.
666 877.111, or any substance controlled under chapter 893, or any
667 impairing substance and affected to the extent that his or her
668 normal faculties are impaired;
669 (b) Until the person’s blood-alcohol level or breath
670 alcohol level is less than 0.05; or
671 (c) Until 8 hours have elapsed from the time the person was
672 arrested.
673 Section 11. Paragraphs (a), (c), (d), and (e) of subsection
674 (1) and subsection (3) of section 327.352, Florida Statutes, are
675 amended to read:
676 327.352 Tests for alcohol and other, chemical substances,
677 or controlled substances; implied consent; refusal.—
678 (1)(a)1. The Legislature declares that the operation of a
679 vessel is a privilege that must be exercised in a reasonable
680 manner. In order to protect the public health and safety, it is
681 essential that a lawful and effective means of reducing the
682 incidence of boating while impaired or intoxicated be
683 established. Therefore, a person who accepts the privilege
684 extended by the laws of this state of operating a vessel within
685 this state is, by operating such vessel, deemed to have given
686 his or her consent to submit to an approved chemical test or
687 physical test including, but not limited to, an infrared light
688 test of his or her breath for the purpose of determining the
689 alcoholic content of his or her blood or breath if the person is
690 lawfully arrested for any offense allegedly committed while the
691 person was operating a vessel while under the influence of
692 alcoholic beverages. The chemical or physical breath test must
693 be incidental to a lawful arrest and administered at the request
694 of a law enforcement officer who has reasonable cause to believe
695 such person was operating the vessel within this state while
696 under the influence of alcoholic beverages. The administration
697 of a breath test does not preclude the administration of another
698 type of test. The person shall be told that his or her failure
699 to submit to any lawful test of his or her breath under this
700 chapter will result in a civil penalty of $500, and that if he
701 or she refuses to submit to a lawful test of his or her breath
702 and he or she has been previously fined under s. 327.35215 or
703 his or her driving privilege has been previously suspended for
704 refusal to submit to any lawful test of his or her breath,
705 urine, or blood, he or she commits a misdemeanor of the first
706 degree, punishable as provided in s. 775.082 or s. 775.083, in
707 addition to any other penalties provided by law. The refusal to
708 submit to a chemical or physical breath test upon the request of
709 a law enforcement officer as provided in this section is
710 admissible into evidence in any criminal proceeding.
711 2. A person who accepts the privilege extended by the laws
712 of this state of operating a vessel within this state is, by
713 operating such vessel, deemed to have given his or her consent
714 to submit to a urine test for the purpose of detecting the
715 presence of chemical substances as set forth in s. 877.111, or
716 controlled substances, or impairing substances if the person is
717 lawfully arrested for any offense allegedly committed while the
718 person was operating a vessel while under the influence of
719 chemical substances, or controlled substances, or impairing
720 substances. The urine test must be incidental to a lawful arrest
721 and administered at a detention facility or any other facility,
722 mobile or otherwise, which is equipped to administer such tests
723 at the request of a law enforcement officer who has reasonable
724 cause to believe such person was operating a vessel within this
725 state while under the influence of chemical substances, or
726 controlled substances, or impairing substances. The urine test
727 must be administered at a detention facility or any other
728 facility, mobile or otherwise, which is equipped to administer
729 such test in a reasonable manner that will ensure the accuracy
730 of the specimen and maintain the privacy of the individual
731 involved. The administration of a urine test does not preclude
732 the administration of another type of test. The person shall be
733 told that his or her failure to submit to any lawful test of his
734 or her urine under this chapter will result in a civil penalty
735 of $500, and that if he or she refuses to submit to a lawful
736 test of his or her urine and he or she has been previously fined
737 under s. 327.35215 or his or her driving privilege has been
738 previously suspended for refusal to submit to any lawful test of
739 his or her breath, urine, or blood, he or she commits a
740 misdemeanor of the first degree, punishable as provided in s.
741 775.082 or s. 775.083, in addition to any other penalties
742 provided by law. The refusal to submit to a urine test upon the
743 request of a law enforcement officer as provided in this section
744 is admissible into evidence in any criminal proceeding.
745 (c) A person who accepts the privilege extended by the laws
746 of this state of operating a vessel within this state is, by
747 operating such vessel, deemed to have given his or her consent
748 to submit to an approved blood test for the purpose of
749 determining the alcoholic content of the blood or a blood test
750 for the purpose of determining the presence of chemical
751 substances, or controlled substances, or impairing substances as
752 provided in this section if there is reasonable cause to believe
753 the person was operating a vessel while under the influence of
754 alcoholic beverages or chemical, or controlled, or impairing
755 substances and the person appears for treatment at a hospital,
756 clinic, or other medical facility and the administration of a
757 breath or urine test is impractical or impossible. As used in
758 this paragraph, the term “other medical facility” includes an
759 ambulance or other medical emergency vehicle. The blood test
760 must be performed in a reasonable manner. A person who is
761 incapable of refusal by reason of unconsciousness or other
762 mental or physical condition is deemed not to have withdrawn his
763 or her consent to such test. A person who is capable of refusal
764 shall be told that his or her failure to submit to such a blood
765 test will result in a civil penalty of $500. The refusal to
766 submit to a blood test upon the request of a law enforcement
767 officer is admissible in evidence in any criminal proceeding.
768 (d) If the arresting officer does not request a chemical or
769 physical breath test of the person arrested for any offense
770 allegedly committed while the person was operating a vessel
771 while under the influence of alcoholic beverages, or controlled
772 substances, or impairing substances, the person may request the
773 arresting officer to have a chemical or physical test made of
774 the arrested person’s breath or a test of the urine or blood for
775 the purpose of determining the alcoholic content of the person’s
776 blood or breath or the presence of chemical substances, or
777 controlled substances, or impairing substances; and, if so
778 requested, the arresting officer shall have the test performed.
779 (e)1. The tests determining the weight of alcohol in the
780 defendant’s blood or breath shall be administered at the request
781 of a law enforcement officer substantially in accordance with
782 rules of the Department of Law Enforcement. However, the failure
783 of a law enforcement officer to request the withdrawal of blood
784 does not affect the admissibility of a test of blood withdrawn
785 for medical purposes.
786 2. Only a physician, certified paramedic, registered nurse,
787 licensed practical nurse, other personnel authorized by a
788 hospital to draw blood, or duly licensed clinical laboratory
789 director, supervisor, technologist, or technician, acting at the
790 request of a law enforcement officer, may withdraw blood for the
791 purpose of determining its alcoholic content or the presence of
792 chemical substances, or controlled substances, or impairing
793 substances therein. However, the failure of a law enforcement
794 officer to request the withdrawal of blood does not affect the
795 admissibility of a test of blood withdrawn for medical purposes.
796 3. The person tested may, at his or her own expense, have a
797 physician, registered nurse, other personnel authorized by a
798 hospital to draw blood, or duly licensed clinical laboratory
799 director, supervisor, technologist, or technician, or other
800 person of his or her own choosing administer an independent test
801 in addition to the test administered at the direction of the law
802 enforcement officer for the purpose of determining the amount of
803 alcohol in the person’s blood or breath or the presence of
804 chemical substances, or controlled substances, or impairing
805 substances at the time alleged, as shown by chemical analysis of
806 his or her blood or urine, or by chemical or physical test of
807 his or her breath. The failure or inability to obtain an
808 independent test by a person does not preclude the admissibility
809 in evidence of the test taken at the direction of the law
810 enforcement officer. The law enforcement officer may shall not
811 interfere with the person’s opportunity to obtain the
812 independent test and shall provide the person with timely
813 telephone access to secure the test, but the burden is on the
814 person to arrange and secure the test at the person’s own
815 expense.
816 4. Upon the request of the person tested, full information
817 concerning the results of the test taken at the direction of the
818 law enforcement officer shall be made available to the person or
819 his or her attorney. Full information is limited to the
820 following:
821 a. The type of test administered and the procedures
822 followed.
823 b. The time of the collection of the blood or breath sample
824 analyzed.
825 c. The numerical results of the test indicating the alcohol
826 content of the blood and breath.
827 d. The type and status of any permit issued by the
828 Department of Law Enforcement which was held by the person who
829 performed the test.
830 e. If the test was administered by means of a breath
831 testing instrument, the date of performance of the most recent
832 required inspection of such instrument.
833
834 Full information does not include manuals, schematics, or
835 software of the instrument used to test the person or any other
836 material that is not in the actual possession of the state.
837 Additionally, full information does not include information in
838 the possession of the manufacturer of the test instrument.
839 5. A hospital, clinical laboratory, medical clinic, or
840 similar medical institution or physician, certified paramedic,
841 registered nurse, licensed practical nurse, other personnel
842 authorized by a hospital to draw blood, or duly licensed
843 clinical laboratory director, supervisor, technologist, or
844 technician, or other person assisting a law enforcement officer
845 does not incur any civil or criminal liability as a result of
846 the withdrawal or analysis of a blood or urine specimen, or the
847 chemical or physical test of a person’s breath pursuant to
848 accepted medical standards when requested by a law enforcement
849 officer, regardless of whether or not the subject resisted
850 administration of the test.
851 (3) Notwithstanding any provision of law pertaining to the
852 confidentiality of hospital records or other medical records,
853 information relating to the alcoholic content of the blood or
854 breath or the presence of chemical substances, or controlled
855 substances, or impairing substances in the blood obtained
856 pursuant to this section shall be released to a court,
857 prosecuting attorney, defense attorney, or law enforcement
858 officer in connection with an alleged violation of s. 327.35
859 upon request for such information.
860 Section 12. Paragraph (a) of subsection (1), paragraph (a)
861 of subsection (2), paragraph (b) of subsection (3), and
862 subsection (4) of section 327.353, Florida Statutes, are amended
863 to read:
864 327.353 Blood test for impairment or intoxication in cases
865 of death or serious bodily injury; right to use reasonable
866 force.—
867 (1)(a) If a law enforcement officer has probable cause to
868 believe that a vessel operated by a person under the influence
869 of alcoholic beverages, any chemical substances, or any
870 controlled substances, or any impairing substances has caused
871 the death or serious bodily injury of a human being, a law
872 enforcement officer shall require the person operating or in
873 actual physical control of the vessel to submit to a test of the
874 person’s blood for the purpose of determining the alcoholic
875 content thereof or the presence of chemical substances as set
876 forth in s. 877.111, or any substance controlled under chapter
877 893, or any impairing substance. The law enforcement officer may
878 use reasonable force if necessary to require the person to
879 submit to the administration of the blood test. The blood test
880 shall be performed in a reasonable manner. Notwithstanding s.
881 327.352, the testing required by this paragraph need not be
882 incidental to a lawful arrest of the person.
883 (2)(a) Only a physician, certified paramedic, registered
884 nurse, licensed practical nurse, other personnel authorized by a
885 hospital to draw blood, or duly licensed clinical laboratory
886 director, supervisor, technologist, or technician, acting at the
887 request of a law enforcement officer, may withdraw blood for the
888 purpose of determining the alcoholic content thereof or the
889 presence of chemical substances, or controlled substances, or
890 impairing substances therein. However, the failure of a law
891 enforcement officer to request the withdrawal of blood does
892 shall not affect the admissibility of a test of blood withdrawn
893 for medical purposes.
894 (3)
895 (b) The results of any test administered pursuant to this
896 section for the purpose of detecting the presence of any
897 controlled substance or impairing substance are not admissible
898 as evidence in a criminal prosecution for the possession of a
899 controlled substance.
900 (4) Notwithstanding any provision of law pertaining to the
901 confidentiality of hospital records or other medical records,
902 information relating to the alcoholic content of the blood or
903 the presence of chemical substances, or controlled substances,
904 or impairing substances in the blood obtained pursuant to this
905 section shall be released to a court, prosecuting attorney,
906 defense attorney, or law enforcement officer in connection with
907 an alleged violation of s. 327.35 upon request for such
908 information.
909 Section 13. Subsections (1) and (2) of section 327.354,
910 Florida Statutes, are amended to read:
911 327.354 Presumption of impairment; testing methods.—
912 (1) It is unlawful and punishable as provided in s. 327.35
913 for any person who is under the influence of alcoholic
914 beverages, or controlled substances, or impairing substances,
915 when affected to the extent that the person’s normal faculties
916 are impaired or to the extent that the person is deprived of
917 full possession of normal faculties, to operate any vessel
918 within this state. Such normal faculties include, but are not
919 limited to, the ability to see, hear, walk, talk, judge
920 distances, drive an automobile, make judgments, act in
921 emergencies, and, in general, normally perform the many mental
922 and physical acts of daily life.
923 (2) At the trial of any civil or criminal action or
924 proceeding arising out of acts alleged to have been committed by
925 any person while operating a vessel while under the influence of
926 alcoholic beverages, or controlled substances, or impairing
927 substances, when affected to the extent that the person’s normal
928 faculties were impaired or to the extent that he or she was
929 deprived of full possession of his or her normal faculties, the
930 results of any test administered in accordance with s. 327.352
931 or s. 327.353 and this section are admissible into evidence when
932 otherwise admissible, and the amount of alcohol in the person’s
933 blood or breath at the time alleged, as shown by chemical
934 analysis of the person’s blood, or by chemical or physical test
935 of the person’s breath, gives rise to the following
936 presumptions:
937 (a) If there was at that time a blood-alcohol level or
938 breath-alcohol level of 0.05 or less, it is presumed that the
939 person was not under the influence of alcoholic beverages to the
940 extent that his or her normal faculties were impaired.
941 (b) If there was at that time a blood-alcohol level or
942 breath-alcohol level in excess of 0.05 but less than 0.08, that
943 fact does not give rise to any presumption that the person was
944 or was not under the influence of alcoholic beverages to the
945 extent that his or her normal faculties were impaired but may be
946 considered with other competent evidence in determining whether
947 the person was under the influence of alcoholic beverages to the
948 extent that his or her normal faculties were impaired.
949 (c) If there was at that time a blood-alcohol level or
950 breath-alcohol level of 0.08 or higher, that fact is prima facie
951 evidence that the person was under the influence of alcoholic
952 beverages to the extent that his or her normal faculties were
953 impaired. Any person who operates a vessel and who has a blood
954 alcohol level or breath-alcohol level of 0.08 or higher is
955 guilty of operating a vessel with an unlawful blood-alcohol
956 level or breath-alcohol level.
957
958 The presumptions provided in this subsection do not limit the
959 introduction of any other competent evidence bearing upon the
960 question of whether the person was under the influence of
961 alcoholic beverages to the extent that his or her normal
962 faculties were impaired.
963 Section 14. Section 327.359, Florida Statutes, is amended
964 to read:
965 327.359 Refusal to submit to testing; penalties.—A person
966 who has refused to submit to a chemical or physical test of his
967 or her breath or urine, as described in s. 327.352, and who has
968 been previously fined under s. 327.35215 or has previously had
969 his or her driver license suspended for refusal to submit to a
970 lawful test of his or her breath, urine, or blood, and:
971 (1) Who the arresting law enforcement officer had probable
972 cause to believe was operating or in actual physical control of
973 a vessel in this state while under the influence of alcoholic
974 beverages, chemical substances, or controlled substances, or
975 impairing substances;
976 (2) Who was placed under lawful arrest for a violation of
977 s. 327.35 unless such test was requested pursuant to s.
978 327.352(1)(c);
979 (3) Who was informed that if he or she refused to submit to
980 such test, he or she is subject to a fine of $500;
981 (4) Who was informed that a refusal to submit to a lawful
982 test of his or her breath or urine, if he or she has been
983 previously fined under s. 327.35215 or has previously had his or
984 her driver license suspended for refusal to submit to a lawful
985 test of his or her breath, urine, or blood, is a misdemeanor of
986 the first degree, punishable as provided in s. 775.082 or s.
987 775.083; and
988 (5) Who, after having been so informed, refused to submit
989 to any such test when requested to do so by a law enforcement
990 officer or correctional officer
991
992 commits a misdemeanor of the first degree, punishable as
993 provided in s. 775.082 or s. 775.083.
994 Section 15. Subsection (1) of section 782.071, Florida
995 Statutes, is amended to read:
996 782.071 Vehicular homicide.—“Vehicular homicide” is the
997 killing of a human being, or the killing of an unborn child by
998 any injury to the mother, caused by the operation of a motor
999 vehicle by another in a reckless manner likely to cause the
1000 death of, or great bodily harm to, another.
1001 (1) Vehicular homicide is:
1002 (a) A felony of the second degree, punishable as provided
1003 in s. 775.082, s. 775.083, or s. 775.084.
1004 (b) A felony of the first degree, punishable as provided in
1005 s. 775.082, s. 775.083, or s. 775.084, if:
1006 1. At the time of the accident, the person knew, or should
1007 have known, that the accident occurred; and
1008 2. The person failed to give information and render aid as
1009 required by s. 316.062.
1010
1011 This paragraph does not require that the person knew that the
1012 accident resulted in injury or death.
1013 (c) A felony of the first degree, punishable as provided in
1014 s. 775.082, s. 775.083, or s. 775.084, if the person has a prior
1015 conviction for a violation of this section or s. 316.193(3)(c)3.
1016 Section 16. Section 933.02, Florida Statutes, is amended to
1017 read:
1018 933.02 Grounds for issuance of search warrant.—Upon proper
1019 affidavits being made, a search warrant may be issued under the
1020 provisions of this chapter upon any of the following grounds:
1021 (1) When the property shall have been stolen or embezzled
1022 in violation of law;
1023 (2) When any property shall have been used:
1024 (a) As a means to commit any crime;
1025 (b) In connection with gambling, gambling implements and
1026 appliances; or
1027 (c) In violation of s. 847.011 or other laws in reference
1028 to obscene prints and literature;
1029 (3) When any property constitutes evidence relevant to
1030 proving that a felony has been committed;
1031 (4) When any property is being held or possessed:
1032 (a) In violation of any of the laws prohibiting the
1033 manufacture, sale, and transportation of intoxicating liquors;
1034 (b) In violation of the fish and game laws;
1035 (c) In violation of the laws relative to food and drug; or
1036 (d) In violation of the laws relative to citrus disease
1037 pursuant to s. 581.184; or
1038 (5) When the laws in relation to cruelty to animals, as
1039 provided in chapter 828, have been or are violated in any
1040 particular building or place; or
1041 (6) When a sample of the blood of a person constitutes
1042 evidence relevant to proving that a violation of s. 316.193 or
1043 s. 327.35 has been committed.
1044
1045 This section also applies to any papers or documents used as a
1046 means of or in aid of the commission of any offense against the
1047 laws of the state.
1048 Section 17. This act shall take effect October 1, 2025.