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.

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