Florida Senate - 2024 SB 1172 By Senator Berman 26-00563C-24 20241172__ Page 1 of 82 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to operating vehicles and vessels 2 under the influence; amending s. 316.003, F.S.; 3 defining the term “actual physical control”; amending 4 ss. 316.193 and 327.35, F.S.; revising conditions 5 under which a person commits the offense of driving 6 under the influence or boating under the influence, 7 respectively; providing an affirmative defense; 8 revising criminal penalties; conforming provisions to 9 changes made by the act; revising a condition that 10 must be met before a person arrested for driving under 11 the influence or boating under the influence, 12 respectively, may be released from custody; defining 13 the term “impairing substance”; providing 14 construction; authorizing law enforcement witnesses to 15 give certain testimony under certain circumstances; 16 defining the term “conviction” for a specified 17 purpose; requiring the clerk of court to notify the 18 Department of Law Enforcement under certain 19 circumstances; requiring the department to maintain 20 records; creating a rebuttable presumption; amending 21 s. 316.1939, F.S.; providing that the disposition of 22 an administrative proceeding relating to a specified 23 fine does not affect certain criminal action; revising 24 a rebuttable presumption of suspended driving 25 privileges; amending s. 316.645, F.S.; making 26 technical changes; amending ss. 322.01 and 327.02, 27 F.S.; defining the term “actual physical control”; 28 amending s. 327.359, F.S.; providing that the 29

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 2 of 82 CODING: Words stricken are deletions; words underlined are additions. disposition of any administrative proceeding relating 30 to a specified fine or the suspension of driving 31 privileges does not affect certain criminal action; 32 providing that the disposition of certain criminal 33 action does not affect certain administrative 34 hearings; creating a rebuttable presumption; amending 35 s. 933.02, F.S.; adding specified grounds for issuance 36 of a search warrant; amending s. 948.15, F.S.; 37 revising probation guidelines for felonies in which 38 certain substances are contributing factors; amending 39 ss. 212.05, 316.1932, 316.1933, 316.303, 316.305, 40 316.306, 316.85, 322.18, 322.34, 322.61, 327.391, 41 327.53, 627.749, 655.960, and 921.0022, F.S.; 42 conforming cross-references and provisions to changes 43 made by the act; reenacting s. 947.146(3)(j), F.S., 44 relating to the Control Release Authority, to 45 incorporate the amendments made by this act to s. 46 316.193, F.S., in a reference thereto; providing an 47 effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 51

Section 1. Present subsections (1) through (111) of

section 52 316.003, Florida Statutes, are redesignated as subsections (2) 53 through (112), respectively, a new subsection (1) is added to 54 that section, and present subsection (64) of that

section is 55 amended, to read: 56 316.003

Definitions.—The following words and phrases, when 57 used in this chapter, shall have the meanings respectively 58

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 3 of 82 CODING: Words stricken are deletions; words underlined are additions. ascribed to them in this section, except where the context 59 otherwise requires: 60

(1) ACTUAL PHYSICAL CONTROL.—Being physically in or on a 61 motor vehicle and having the capability to operate the vehicle, 62 regardless of whether the vehicle is actually being operated at 63 that time. 64 (65)

(64) PRIVATE ROAD OR DRIVEWAY.—Except as otherwise 65 provided in paragraph (90)(b) (89)(b), any privately owned way 66 or place used for vehicular travel by the owner and those having 67 express or implied permission from the owner, but not by other 68 persons. 69

Section 2. Present paragraphs (

c) and (

d) of subsection 70 (14) of

section 316.193, Florida Statutes, are redesignated as 71 paragraphs (

d) and (e), respectively, a new paragraph (

c) is 72 added to that subsection and subsections (15) through (19) are 73 added to that section, subsections (1), (3), and (9) of that 74

section are amended, and subsection (2) of that

section is 75 republished, to read: 76 316.193 Driving under the influence; penalties.— 77 (1)(

a) A person commits is guilty of the offense of driving 78 under the influence and is subject to punishment as provided in 79 subsection (2) if the person is driving or in actual physical 80 control of a vehicle within this state and: 81 1.(

a) The person is under the influence of alcoholic 82 beverages, any chemical substance set forth in s. 877.111, or 83 any substance controlled under

chapter 893, or any other 84 impairing substance, or any combination thereof, when affected 85 to the extent that the person’s normal faculties are impaired; 86 2.(

b) At the time of driving or while in actual physical 87

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 4 of 82 CODING: Words stricken are deletions; words underlined are additions. control of the vehicle or at any time thereafter, the person has 88 a blood-alcohol level of 0.08 or more grams of alcohol per 100 89 milliliters of blood as a result of consuming alcohol before or 90 during driving; or 91 3.(

c) At the time of driving or while in actual physical 92 control of the vehicle or at any time thereafter, the person has 93 a breath-alcohol level of 0.08 or more grams of alcohol per 210 94 liters of breath as a result of consuming alcohol before or 95 during driving; or 96 4. The person has in his or her blood any amount of a 97 chemical substance set forth in s. 877.111 or a substance 98 controlled under

chapter 893, or such chemical or controlled 99 substance in any combination with alcohol as a result of 100 consuming alcohol before or during driving. 101 (

b) It is an affirmative defense as to the presence of a 102 chemical or controlled substance under subparagraph (a)4. that 103 the person ingested, injected, or inhaled the substance in 104 accordance with a valid prescription issued pursuant to s. 105 893.04 by a practitioner as defined in s. 893.02, or pursuant to 106 s. 381.986, and in accordance with the practitioner’s 107 directions. However, the fact that a person is or was legally 108 entitled to consume alcohol or any other chemical or controlled 109 substance, medication, drug, or other impairing substance is not 110 an affirmative defense to this section. 111 (2)(

a) Except as provided in paragraph (b), subsection (3), 112 or subsection (4), any person who is convicted of a violation of 113 subsection (1) shall be punished: 114 1. By a fine of: 115 a. Not less than $500 or more than $1,000 for a first 116

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 5 of 82 CODING: Words stricken are deletions; words underlined are additions. conviction. 117 b. Not less than $1,000 or more than $2,000 for a second 118 conviction; and 119 2. By imprisonment for: 120 a. Not more than 6 months for a first conviction. 121 b. Not more than 9 months for a second conviction. 122 3.

For a second conviction, by mandatory placement for a 123 period of at least 1 year, at the convicted person’s sole 124 expense, of an ignition interlock device approved by the 125 department in accordance with s. 316.1938 upon all vehicles that 126 are individually or jointly leased or owned and routinely 127 operated by the convicted person, when the convicted person 128 qualifies for a permanent or restricted license. 129 130 The portion of a fine imposed in excess of $500 pursuant to sub-131 subparagraph 1.a. and the portion of a fine imposed in excess of 132 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by 133 the clerk to the Department of Revenue for deposit into the 134 General Revenue Fund. 135 (b)1.

Any person who is convicted of a third violation of 136 this

section for an offense that occurs within 10 years after a 137 prior conviction for a violation of this

section commits a 138 felony of the third degree, punishable as provided in s. 139 775.082, s. 775.083, or s. 775.084. In addition, the court shall 140 order the mandatory placement for a period of not less than 2 141 years, at the convicted person’s sole expense, of an ignition 142 interlock device approved by the department in accordance with 143 s. 316.1938 upon all vehicles that are individually or jointly 144 leased or owned and routinely operated by the convicted person, 145

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 6 of 82 CODING: Words stricken are deletions; words underlined are additions. when the convicted person qualifies for a permanent or 146 restricted license. 147 2. Any person who is convicted of a third violation of this 148

section for an offense that occurs more than 10 years after the 149 date of a prior conviction for a violation of this

section shall 150 be punished by a fine of not less than $2,000 or more than 151 $5,000 and by imprisonment for not more than 12 months. The 152 portion of a fine imposed in excess of $2,500 pursuant to this 153 subparagraph shall be remitted by the clerk to the Department of 154 Revenue for deposit into the General Revenue Fund.

In addition, 155 the court shall order the mandatory placement for a period of at 156 least 2 years, at the convicted person’s sole expense, of an 157 ignition interlock device approved by the department in 158 accordance with s. 316.1938 upon all vehicles that are 159 individually or jointly leased or owned and routinely operated 160 by the convicted person, when the convicted person qualifies for 161 a permanent or restricted license. 162 3. Any person who is convicted of a fourth or subsequent 163 violation of this section, regardless of when any prior 164 conviction for a violation of this

section occurred, commits a 165 felony of the third degree, punishable as provided in s. 166 775.082, s. 775.083, or s. 775.084. However, the fine imposed 167 for such fourth or subsequent violation may be not less than 168 $2,000. The portion of a fine imposed in excess of $1,000 169 pursuant to this subparagraph shall be remitted by the clerk to 170 the Department of Revenue for deposit into the General Revenue 171 Fund. 172 (

c) In addition to the penalties in paragraph (a), the 173 court may order placement, at the convicted person’s sole 174

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 7 of 82 CODING: Words stricken are deletions; words underlined are additions. expense, of an ignition interlock device approved by the 175 department in accordance with s. 316.1938 for at least 6 176 continuous months upon all vehicles that are individually or 177 jointly leased or owned and routinely operated by the convicted 178 person if, at the time of the offense, the person had a blood-179 alcohol level or breath-alcohol level of .08 or higher. 180

(3) Any person: 181 (

a) Who is in violation of subsection (1); 182 (

b) Who operates a vehicle; and 183 (

c) Who, by reason of such operation, causes or contributes 184 to causing: 185 1. Damage to the property or person of another commits a 186 misdemeanor of the first degree, punishable as provided in s. 187 775.082 or s. 775.083. 188 2. Serious bodily injury to another, as defined in s. 189 316.1933, commits a felony of the second third degree, 190 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 191 3.

The death of any human being or unborn child commits DUI 192 manslaughter, and commits: 193 a. a felony of the first second degree, punishable as 194 provided in s. 775.082, s. 775.083, or s. 775.084. 195 b. A felony of the first degree, punishable as provided in 196 s. 775.082, s. 775.083, or s. 775.084, if: 197 (

I) At the time of the crash, the person knew, or should 198 have known, that the crash occurred; and 199 (II) The person failed to give information and render aid 200 as required by s. 316.062. 201 202 For purposes of this subsection, the term “unborn child” has the 203

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 8 of 82 CODING: Words stricken are deletions; words underlined are additions. same meaning as provided in s. 775.021(5). A person who is 204 convicted of DUI manslaughter shall be sentenced to a mandatory 205 minimum term of imprisonment of 4 years. 206

(9) A person who is arrested for a violation of this 207

section may not be released from custody: 208 (

a) Until the person is no longer under the influence of 209 alcoholic beverages, any chemical substance set forth in s. 210 877.111, or any substance controlled under

chapter 893, or any 211 other impairing substance, or any combination thereof, and 212 affected to the extent that his or her normal faculties are 213 impaired; 214 (

b) Until the person’s blood-alcohol level or breath-215 alcohol level is less than 0.05; or 216 (

c) Until 8 hours have elapsed from the time the person was 217 arrested. 218

(14) As used in this chapter, the term: 219 (c) “Impairing substance” means any substance that, when 220 taken into the human body, can impair, or diminish in some 221 material respect, a person’s normal faculties. Such normal 222 faculties include, but are not limited to, the ability to see, 223 hear, walk, talk, gauge distances, drive a motor vehicle, make 224 judgments, act in emergencies, and, in general, perform the many 225 mental and physical acts of daily life. 226

(15) Notwithstanding any other law and for the purposes of 227 prosecutions under this section, the law enforcement officer who 228 administers a horizontal nystagmus gaze test may give testimony 229 as a witness on the issue of a person’s impairment, based on the 230 results of the horizontal gaze nystagmus test, if the officer 231 has successfully completed training on the horizontal gaze 232

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 9 of 82 CODING: Words stricken are deletions; words underlined are additions. nystagmus test and if the test is given in accordance with the 233 individual’s training. 234

(16) Notwithstanding any other law, a law enforcement 235 witness in a criminal prosecution under this

section may give 236 testimony on the issue of impairment relating to whether a 237 person was under the influence of one or more impairing 238 substances, and the category or categories of the impairing 239 substance or substances, if the witness holds current 240 credentials as a drug recognition expert, issued by the 241 International Association of Chiefs of Police, at the time of 242 arrest. 243

(17) For the purpose of determining whether a conviction is 244 a first, second, or third or subsequent conviction for the 245 purposes of sentencing under this section, the term “conviction” 246 includes being convicted of a violation of this section, or the 247 completion of any diversion or other program that results in the 248 dismissal or change of charge for a violation of this section. 249 The term also includes being convicted of a violation of any law 250 or ordinance of another state or jurisdiction which this

section 251 prohibits, or the completion of any diversion or other program 252 that results in the dismissal or change of charge for a 253 violation of such law or ordinance of another state or 254 jurisdiction which this

section prohibits. 255

(18) The clerk of court shall notify the department of the 256 dismissal or change of charge for a violation of this

section 257 based on the completion of any diversion or other program. The 258 department shall maintain a record of a person’s completion of 259 any diversion or other program that results in a dismissal or 260 change of charge for a violation of this section. 261

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(19) There is a rebuttable presumption that a diversion or 262 other program was completed which results in the dismissal or 263 change of charge for a violation of this

section as provided in 264 subsection (17) if notation or designation of such completion 265 appears in the department’s records. 266

Section 3. Subsections (1), (3), and (8) of

section 327.35, 267 Florida Statutes, are amended, subsections (11) through (16) are 268 added to that section, and subsection (2) of that

section is 269 republished, to read: 270 327.35 Boating under the influence; penalties; “designated 271 drivers.”— 272 (1)(

a) A person commits is guilty of the offense of boating 273 under the influence and is subject to punishment as provided in 274 subsection (2) if the person is operating a vessel or in actual 275 physical control of a vessel within this state and: 276 1.(

a) The person is under the influence of alcoholic 277 beverages, any chemical substance set forth in s. 877.111, or 278 any substance controlled under

chapter 893, or any other 279 impairing substance, or any combination thereof, when affected 280 to the extent that the person’s normal faculties are impaired; 281 2.(

b) At the time of operating the vessel or at any time 282 thereafter, the person has a blood-alcohol level of 0.08 or more 283 grams of alcohol per 100 milliliters of blood as a result of 284 consuming alcohol before or during operating; or 285 3.(

c) At the time of operating the vessel or at any time 286 thereafter, the person has a breath-alcohol level of 0.08 or 287 more grams of alcohol per 210 liters of breath as a result of 288 consuming alcohol before or during operating; or 289 4. The person has in his or her blood any amount of a 290

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 11 of 82 CODING: Words stricken are deletions; words underlined are additions. chemical substance set forth in s. 877.111 or a substance 291 controlled under

chapter 893, or such chemical or controlled 292 substance in any combination with alcohol as a result of 293 consuming alcohol before or during operating. 294 (

b) It is an affirmative defense as to the presence of a 295 chemical or controlled substance under subparagraph (a)4. that 296 the person ingested, injected, or inhaled the substance in 297 accordance with a valid prescription issued pursuant to s. 298 893.04 by a practitioner as defined in s. 893.02, or pursuant to 299 s. 381.986, and in accordance with the practitioner’s 300 directions. However, the fact that a person is or was legally 301 entitled to consume alcohol or any other chemical or controlled 302 substance, medication, drug, or other impairing substance is not 303 an affirmative defense to this section. 304 (2)(

a) Except as provided in paragraph (b), subsection (3), 305 or subsection (4), any person who is convicted of a violation of 306 subsection (1) shall be punished: 307 1. By a fine of: 308 a. Not less than $500 or more than $1,000 for a first 309 conviction. 310 b. Not less than $1,000 or more than $2,000 for a second 311 conviction; and 312 2. By imprisonment for: 313 a. Not more than 6 months for a first conviction. 314 b. Not more than 9 months for a second conviction. 315 316 The portion of a fine imposed in excess of $500 pursuant to sub-317 subparagraph 1.a. and the portion of a fine imposed in excess of 318 $1,000 pursuant to sub-subparagraph 1.b., shall be remitted by 319

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 12 of 82 CODING: Words stricken are deletions; words underlined are additions. the clerk to the Department of Revenue for deposit into the 320 General Revenue Fund. 321 (b)1. Any person who is convicted of a third violation of 322 this

section for an offense that occurs within 10 years after a 323 prior conviction for a violation of this

section commits a 324 felony of the third degree, punishable as provided in s. 325 775.082, s. 775.083, or s. 775.084. 326 2. Any person who is convicted of a third violation of this 327

section for an offense that occurs more than 10 years after the 328 date of a prior conviction for a violation of this

section shall 329 be punished by a fine of not less than $2,000 or more than 330 $5,000 and by imprisonment for not more than 12 months. The 331 portion of a fine imposed in excess of $2,500 pursuant to this 332 subparagraph shall be remitted by the clerk to the Department of 333 Revenue for deposit into the General Revenue Fund. 334 3. Any person who is convicted of a fourth or subsequent 335 violation of this section, regardless of when any prior 336 conviction for a violation of this

section occurred, commits a 337 felony of the third degree, punishable as provided in s. 338 775.082, s. 775.083, or s. 775.084. 339 340 However, the fine imposed for such fourth or subsequent 341 violation may not be less than $2,000. The portion of such fine 342 imposed in excess of $1,000 shall be remitted by the clerk to 343 the Department of Revenue for deposit into the General Revenue 344 Fund. 345

(3) Any person: 346 (

a) Who is in violation of subsection (1); 347 (

b) Who operates a vessel; and 348

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c) Who, by reason of such operation, causes or contributes 349 to causing: 350 1. Damage to the property or person of another commits a 351 misdemeanor of the first degree, punishable as provided in s. 352 775.082 or s. 775.083. 353 2. Serious bodily injury to another, as defined in s. 354 327.353, commits a felony of the second third degree, punishable 355 as provided in s. 775.082, s. 775.083, or s. 775.084. 356 3. The death of any human being commits BUI manslaughter, 357 and commits: 358 a. a felony of the first second degree, punishable as 359 provided in s. 775.082, s. 775.083, or s. 775.084. 360 b.

A felony of the first degree, punishable as provided in 361 s. 775.082, s. 775.083, or s. 775.084, if: 362 (

I) At the time of the accident, the person knew, or should 363 have known, that the accident occurred; and 364 (II) The person failed to give information and render aid 365 as required by s. 327.30. 366 367 This sub-subparagraph does not require that the person knew that 368 the accident resulted in injury or death. 369

(8) A person who is arrested for a violation of this 370

section may not be released from custody: 371 (

a) Until the person is no longer under the influence of 372 alcoholic beverages, any chemical substance set forth in s. 373 877.111, or any substance controlled under

chapter 893, or any 374 other impairing substance, or any combination thereof, and 375 affected to the extent that his or her normal faculties are 376 impaired; 377

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b) Until the person’s blood-alcohol level or breath-378 alcohol level is less than 0.05; or 379 (

c) Until 8 hours have elapsed from the time the person was 380 arrested. 381

(11) As used in this section, the term “impairing 382 substance” means any substance that, when taken into the human 383 body, can impair, or diminish in some material respect, a 384 person’s normal faculties. Such normal faculties include, but 385 are not limited to, the ability to see, hear, walk, talk, gauge 386 distances, drive a motor vehicle, operate a boating vessel, make 387 judgments, act in emergencies, and, in general, perform the many 388 mental and physical acts of daily life. 389

(12) Notwithstanding any other law and for the purpose of 390 prosecutions under this section, the law enforcement officer who 391 administers a horizontal nystagmus gaze test may give testimony 392 as a witness on the issue of a person’s impairment based on the 393 results of such test if the officer has successfully completed 394 training on such test and if such test is given in accordance 395 with his or her training. 396

(13) Notwithstanding any other law, a law enforcement 397 witness in a criminal prosecution under this

section may give 398 expert testimony on the issue of impairment relating to whether 399 a person was under the influence of one or more impairing 400 substances, and the category or categories of the impairing 401 substance or substances, if the witness holds current 402 credentials as a drug recognition expert, issued by the 403 International Association of Chiefs of Police, at the time of 404 arrest. 405

(14) For the purpose of determining whether a conviction is 406

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 15 of 82 CODING: Words stricken are deletions; words underlined are additions. a first, second, or third or subsequent conviction for the 407 purposes of sentencing under this section, the term “conviction” 408 includes being convicted of a violation of this section, or the 409 completion of any diversion or other program that results in the 410 dismissal or change of charge for a violation of this section. 411 The term also includes being convicted of a violation of any law 412 or ordinance of another state or jurisdiction which this

section 413 prohibits, or the completion of any diversion or other program 414 that results in the dismissal or change of charge for a 415 violation of such law or ordinance of another state or 416 jurisdiction which this

section prohibits. 417

(15) The clerk of court shall notify the Department of Law 418 Enforcement of the dismissal or change of charge for a violation 419 of this

section based on the completion of any diversion or 420 other program. The department shall maintain a record of a 421 person’s completion of any diversion or other program that 422 results in a dismissal or change of charge for a violation of 423 this section. 424

(16) There is a rebuttable presumption that a diversion or 425 other program was completed that results in the dismissal or 426 change of charge for a violation of this

section as provided in 427 subsection (14) if notation or designation of such appears in 428 the Department of Law Enforcement’s records. 429

Section 4. Subsections (2) and (3) of

section 316.1939, 430 Florida Statutes, are amended to read: 431 316.1939 Refusal to submit to testing; penalties.— 432

(2) The disposition of any administrative proceeding that 433 relates to the suspension of a person’s driving privilege or a 434 fine under s. 327.35215 does not affect a criminal action under 435

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(3) The disposition of a criminal action under this

section 437 does not affect any administrative proceeding that relates to 438 the suspension of a person’s driving privilege. The department’s 439 records showing that a person’s license or driving privilege has 440 been previously suspended, or the person has previously been 441 fined under s. 327.35215, for a prior refusal to submit to a 442 lawful test of his or her breath, urine, or blood shall be 443 admissible and shall create a rebuttable presumption of such 444 suspension or fine. 445

Section

Section 316.645, Florida Statutes, is amended to 446 read: 447 316.645 Arrest authority of officer at scene of a traffic 448 crash.—A police officer who makes any an investigation at the 449 scene of a traffic crash may arrest any driver of a vehicle 450 involved in the crash when, based upon any personal 451 investigation, the officer has reasonable and probable grounds 452 to believe that the person has committed any offense under the 453 provisions of this chapter,

chapter 320, or

chapter 322 in 454 connection with the crash. 455

Section 6. Present subsections (1) through (48) of

section 456 322.01, Florida Statutes, are redesignated as subsections (2) 457 through (49), respectively, and a new subsection (1) is added to 458 that section, to read: 459 322.01

Definitions.—As used in this chapter: 460 (1) “Actual physical control” means being physically in or 461 on a motor vehicle and having the capability to operate the 462 vehicle, regardless of whether the vehicle is actually being 463 operated at that time. 464

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Section 7. Present subsections (1) through (48) of

section 465 327.02, Florida Statutes, are redesignated as subsections (2) 466 through (49), respectively, and a new subsection (1) is added to 467 that section, to read: 468 327.02

Definitions.—As used in this

chapter and in

chapter 469 328, unless the context clearly requires a different meaning, 470 the term: 471 (1) “Actual physical control” means being physically in or 472 on a vessel and having the capability to operate the vessel, 473 regardless of whether the vessel is actually being operated at 474 that time. 475

Section

Section 327.359, Florida Statutes, is amended to 476 read: 477 327.359 Refusal to submit to testing; penalties.— 478

(1) A person who has refused to submit to a chemical or 479 physical test of his or her breath or urine, as described in s. 480 327.352, and who has been previously fined under s. 327.35215 or 481 has previously had his or her driver license suspended for 482 refusal to submit to a lawful test of his or her breath, urine, 483 or blood, and: 484 (a)

(1) Who the arresting law enforcement officer had 485 probable cause to believe was operating or in actual physical 486 control of a vessel in this state while under the influence of 487 alcoholic beverages, chemical substances, or controlled 488 substances; 489 (b)

(2) Who was placed under lawful arrest for a violation 490 of s. 327.35 unless such test was requested pursuant to s. 491 327.352(1)(c); 492 (c)

(3) Who was informed that if he or she refused to submit 493

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 18 of 82 CODING: Words stricken are deletions; words underlined are additions. to such test, he or she is subject to a fine of $500; 494 (d)

(4) Who was informed that a refusal to submit to a 495 lawful test of his or her breath or urine, if he or she has been 496 previously fined under s. 327.35215 or has previously had his or 497 her driver license suspended for refusal to submit to a lawful 498 test of his or her breath, urine, or blood, is a misdemeanor of 499 the first degree, punishable as provided in s. 775.082 or s. 500 775.083; and 501 (e)

(5) Who, after having been so informed, refused to 502 submit to any such test when requested to do so by a law 503 enforcement officer or correctional officer commits a 504 misdemeanor of the first degree, punishable as provided in s. 505 775.082 or s. 775.083. 506

(2) The disposition of any administrative proceeding that 507 relates to a fine under s. 327.35215 or to the suspension of a 508 person’s driving privilege does not affect a criminal action 509 under this section. 510

(3) The disposition of a criminal action under this

section 511 does not affect any administrative proceeding that relates to 512 the suspension of a person’s driving privilege. The Department 513 of Highway Safety and Motor Vehicles’ records showing that a 514 person has previously been fined under s. 327.35215, or that a 515 person’s license or driving privilege has been previously 516 suspended, for a prior refusal to submit to a lawful test of his 517 or her breath, urine, or blood is admissible and creates a 518 rebuttable presumption of such suspension. 519

Section

Section 933.02, Florida Statutes, is amended to 520 read: 521 933.02 Grounds for issuance of search warrant.—Upon proper 522

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 19 of 82 CODING: Words stricken are deletions; words underlined are additions. affidavits being made, a search warrant may be issued under the 523 provisions of this

chapter upon any of the following grounds: 524

(1) When the property shall have been stolen or embezzled 525 in violation of law; 526

(2) When any property shall have been used: 527 (

a) As a means to commit any crime; 528 (

b) In connection with gambling, gambling implements and 529 appliances; or 530 (

c) In violation of s. 847.011 or other laws in reference 531 to obscene prints and literature; 532

(3) When any property constitutes evidence relevant to 533 proving that a felony has been committed; 534

(4) When any property is being held or possessed: 535 (

a) In violation of any of the laws prohibiting the 536 manufacture, sale, and transportation of intoxicating liquors; 537 (

b) In violation of the fish and game laws; 538 (

c) In violation of the laws relative to food and drug; or 539 (

d) In violation of the laws relative to citrus disease 540 pursuant to s. 581.184; or 541

(5) When the laws in relation to cruelty to animals, as 542 provided in

chapter 828, have been or are violated in any 543 particular building or place; or 544

(6) When a sample of the blood of a person constitutes 545 evidence relevant to proving that a violation of s. 316.193 or 546 s. 327.35 has been committed. 547 548 This

section also applies to any papers or documents used as a 549 means of or in aid of the commission of any offense against the 550 laws of the state. 551

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Section 10. Subsection (1) of

section 948.15, Florida 552 Statutes, is amended to read: 553 948.15 Misdemeanor probation services.— 554

(1) A defendant found guilty of a misdemeanor who is placed 555 on probation shall be under supervision not to exceed 6 months 556 unless otherwise specified by the court. Probation supervision 557 services for a defendant found guilty of a misdemeanor for 558 possession of a controlled substance or drug paraphernalia under 559

chapter 893 may be provided by a licensed substance abuse 560 education and intervention program, which may provide substance 561 abuse education and intervention as well as any other terms and 562 conditions of probation. In relation to any offense other than a 563 felony in which the use of alcohol, any chemical substance set 564 forth in s. 877.111, any substance controlled under

chapter 893, 565 or any impairing substance as defined in s. 316.193(14)(

c) or s. 566 327.35(11) is a contributing significant factor, the period of 567 probation may be up to 1 year. 568

Section 11. Paragraph (

c) of subsection (1) of

section 569 212.05, Florida Statutes, is amended to read: 570 212.05 Sales, storage, use tax.—It is hereby declared to be 571 the legislative intent that every person is exercising a taxable 572 privilege who engages in the business of selling tangible 573 personal property at retail in this state, including the 574 business of making or facilitating remote sales; who rents or 575 furnishes any of the things or services taxable under this 576 chapter; or who stores for use or consumption in this state any 577 item or

article of tangible personal property as defined herein 578 and who leases or rents such property within the state. 579

(1) For the exercise of such privilege, a tax is levied on 580

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 21 of 82 CODING: Words stricken are deletions; words underlined are additions. each taxable transaction or incident, which tax is due and 581 payable as follows: 582 (

c) At the rate of 6 percent of the gross proceeds derived 583 from the lease or rental of tangible personal property, as 584 defined herein; however, the following special provisions apply 585 to the lease or rental of motor vehicles and to peer-to-peer 586 car-sharing programs: 587 1. When a motor vehicle is leased or rented by a motor 588 vehicle rental company or through a peer-to-peer car-sharing 589 program as those terms are defined in s. 212.0606(1) for a 590 period of less than 12 months: 591 a.

If the motor vehicle is rented in Florida, the entire 592 amount of such rental is taxable, even if the vehicle is dropped 593 off in another state. 594 b. If the motor vehicle is rented in another state and 595 dropped off in Florida, the rental is exempt from Florida tax. 596 c. If the motor vehicle is rented through a peer-to-peer 597 car-sharing program, the peer-to-peer car-sharing program shall 598 collect and remit the applicable tax due in connection with the 599 rental. 600 2.

Except as provided in subparagraph 3., for the lease or 601 rental of a motor vehicle for a period of not less than 12 602 months, sales tax is due on the lease or rental payments if the 603 vehicle is registered in this state; provided, however, that no 604 tax shall be due if the taxpayer documents use of the motor 605 vehicle outside this state and tax is being paid on the lease or 606 rental payments in another state. 607 3. The tax imposed by this

chapter does not apply to the 608 lease or rental of a commercial motor vehicle as defined in s. 609

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 22 of 82 CODING: Words stricken are deletions; words underlined are additions. 316.003(15)(

a) s. 316.003(14)(

a) to one lessee or rentee for a 610 period of not less than 12 months when tax was paid on the 611 purchase price of such vehicle by the lessor. To the extent tax 612 was paid with respect to the purchase of such vehicle in another 613 state, territory of the United States, or the District of 614 Columbia, the Florida tax payable shall be reduced in accordance 615 with s. 212.06(7). This subparagraph shall only be available 616 when the lease or rental of such property is an established 617 business or part of an established business or the same is 618 incidental or germane to such business. 619

Section 12. Paragraph (

f) of subsection (1) of

section 620 316.1932, Florida Statutes, is amended to read: 621 316.1932 Tests for alcohol, chemical substances, or 622 controlled substances; implied consent; refusal.— 623 (1) 624 (f)1. The tests determining the weight of alcohol in the 625 defendant’s blood or breath shall be administered at the request 626 of a law enforcement officer substantially in accordance with 627 rules of the Department of Law Enforcement.

Such rules must 628 specify precisely the test or tests that are approved by the 629 Department of Law Enforcement for reliability of result and ease 630 of administration, and must provide an approved method of 631 administration which must be followed in all such tests given 632 under this section. However, the failure of a law enforcement 633 officer to request the withdrawal of blood does not affect the 634 admissibility of a test of blood withdrawn for medical purposes. 635 2.a.

Only a physician, certified paramedic, registered 636 nurse, licensed practical nurse, other personnel authorized by a 637 hospital to draw blood, or duly licensed clinical laboratory 638

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 23 of 82 CODING: Words stricken are deletions; words underlined are additions. director, supervisor, technologist, or technician, acting at the 639 request of a law enforcement officer, may withdraw blood for the 640 purpose of determining its alcoholic content or the presence of 641 chemical substances or controlled substances therein. However, 642 the failure of a law enforcement officer to request the 643 withdrawal of blood does not affect the admissibility of a test 644 of blood withdrawn for medical purposes. 645 b.

Notwithstanding any provision of law pertaining to the 646 confidentiality of hospital records or other medical records, if 647 a health care provider, who is providing medical care in a 648 health care facility to a person injured in a motor vehicle 649 crash, becomes aware, as a result of any blood test performed in 650 the course of that medical treatment, that the person’s blood-651 alcohol level meets or exceeds the blood-alcohol level specified 652 in s. 316.193(1)(a)2. s. 316.193(1)(b), the health care provider 653 may notify any law enforcement officer or law enforcement 654 agency.

Any such notice must be given within a reasonable time 655 after the health care provider receives the test result. Any 656 such notice shall be used only for the purpose of providing the 657 law enforcement officer with reasonable cause to request the 658 withdrawal of a blood sample pursuant to this section. 659 c. The notice must shall consist only of the name of the 660 person being treated, the name of the person who drew the blood, 661 the blood-alcohol level indicated by the test, and the date and 662 time of the administration of the test. 663 d.

Nothing contained in s. 395.3025(4), s. 456.057, or any 664 applicable practice act affects the authority to provide notice 665 under this section, and the health care provider is not 666 considered to have breached any duty owed to the person under s. 667

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 24 of 82 CODING: Words stricken are deletions; words underlined are additions. 395.3025(4), s. 456.057, or any applicable practice act by 668 providing notice or failing to provide notice. It is shall not 669 be a breach of any ethical, moral, or legal duty for a health 670 care provider to provide notice or fail to provide notice. 671 e.

A civil, criminal, or administrative action may not be 672 brought against any person or health care provider participating 673 in good faith in the provision of notice or failure to provide 674 notice as provided in this section. Any person or health care 675 provider participating in the provision of notice or failure to 676 provide notice as provided in this

section shall be immune from 677 any civil or criminal liability and from any professional 678 disciplinary action with respect to the provision of notice or 679 failure to provide notice under this section. Any such 680 participant has the same immunity with respect to participating 681 in any judicial proceedings resulting from the notice or failure 682 to provide notice. 683 3.

The person tested may, at his or her own expense, have a 684 physician, registered nurse, other personnel authorized by a 685 hospital to draw blood, or duly licensed clinical laboratory 686 director, supervisor, technologist, or technician, or other 687 person of his or her own choosing administer an independent test 688 in addition to the test administered at the direction of the law 689 enforcement officer for the purpose of determining the amount of 690 alcohol in the person’s blood or breath or the presence of 691 chemical substances or controlled substances at the time 692 alleged, as shown by chemical analysis of his or her blood or 693 urine, or by chemical or physical test of his or her breath.

The 694 failure or inability to obtain an independent test by a person 695 does not preclude the admissibility in evidence of the test 696

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 25 of 82 CODING: Words stricken are deletions; words underlined are additions. taken at the direction of the law enforcement officer. The law 697 enforcement officer shall not interfere with the person’s 698 opportunity to obtain the independent test and shall provide the 699 person with timely telephone access to secure the test, but the 700 burden is on the person to arrange and secure the test at the 701 person’s own expense. 702 4.

Upon the request of the person tested, full information 703 concerning the results of the test taken at the direction of the 704 law enforcement officer shall be made available to the person or 705 his or her attorney. Full information is limited to the 706 following: 707 a. The type of test administered and the procedures 708 followed. 709 b. The time of the collection of the blood or breath sample 710 analyzed. 711 c. The numerical results of the test indicating the alcohol 712 content of the blood and breath. 713 d.

The type and status of any permit issued by the 714 Department of Law Enforcement which was held by the person who 715 performed the test. 716 e.

If the test was administered by means of a breath 717 testing instrument, the date of performance of the most recent 718 required inspection of such instrument. 719 720 Full information does not include manuals, schematics, or 721 software of the instrument used to test the person or any other 722 material that is not in the actual possession of the state. 723 Additionally, full information does not include information in 724 the possession of the manufacturer of the test instrument. 725

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 26 of 82 CODING: Words stricken are deletions; words underlined are additions. 5.

A hospital, clinical laboratory, medical clinic, or 726 similar medical institution or physician, certified paramedic, 727 registered nurse, licensed practical nurse, other personnel 728 authorized by a hospital to draw blood, or duly licensed 729 clinical laboratory director, supervisor, technologist, or 730 technician, or other person assisting a law enforcement officer 731 does not incur any civil or criminal liability as a result of 732 the withdrawal or analysis of a blood or urine specimen, or the 733 chemical or physical test of a person’s breath pursuant to 734 accepted medical standards when requested by a law enforcement 735 officer, regardless of whether or not the subject resisted 736 administration of the test. 737

Section 13. Paragraph (

a) of subsection (2) of

section 738 316.1933, Florida Statutes, is amended to read: 739 316.1933 Blood test for impairment or intoxication in cases 740 of death or serious bodily injury; right to use reasonable 741 force.— 742 (2)(

a) Only a physician, certified paramedic, registered 743 nurse, licensed practical nurse, other personnel authorized by a 744 hospital to draw blood, or duly licensed clinical laboratory 745 director, supervisor, technologist, or technician, acting at the 746 request of a law enforcement officer, may withdraw blood for the 747 purpose of determining the alcoholic content thereof or the 748 presence of chemical substances or controlled substances 749 therein.

However, the failure of a law enforcement officer to 750 request the withdrawal of blood does shall not affect the 751 admissibility of a test of blood withdrawn for medical purposes. 752 1. Notwithstanding any provision of law pertaining to the 753 confidentiality of hospital records or other medical records, if 754

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 27 of 82 CODING: Words stricken are deletions; words underlined are additions. a health care provider, who is providing medical care in a 755 health care facility to a person injured in a motor vehicle 756 crash, becomes aware, as a result of any blood test performed in 757 the course of that medical treatment, that the person’s blood-758 alcohol level meets or exceeds the blood-alcohol level specified 759 in s. 316.193(1)(a)2. s. 316.193(1)(b), the health care provider 760 may notify any law enforcement officer or law enforcement 761 agency.

Any such notice must be given within a reasonable time 762 after the health care provider receives the test result. Any 763 such notice shall be used only for the purpose of providing the 764 law enforcement officer with reasonable cause to request the 765 withdrawal of a blood sample pursuant to this section. 766 2. The notice must shall consist only of the name of the 767 person being treated, the name of the person who drew the blood, 768 the blood-alcohol level indicated by the test, and the date and 769 time of the administration of the test. 770 3.

Nothing contained in s. 395.3025(4), s. 456.057, or any 771 applicable practice act affects the authority to provide notice 772 under this section, and the health care provider is not 773 considered to have breached any duty owed to the person under s. 774 395.3025(4), s. 456.057, or any applicable practice act by 775 providing notice or failing to provide notice. It is shall not 776 be a breach of any ethical, moral, or legal duty for a health 777 care provider to provide notice or fail to provide notice. 778 4.

A civil, criminal, or administrative action may not be 779 brought against any person or health care provider participating 780 in good faith in the provision of notice or failure to provide 781 notice as provided in this section. Any person or health care 782 provider participating in the provision of notice or failure to 783

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 28 of 82 CODING: Words stricken are deletions; words underlined are additions. provide notice as provided in this

section shall be immune from 784 any civil or criminal liability and from any professional 785 disciplinary action with respect to the provision of notice or 786 failure to provide notice under this section. Any such 787 participant has the same immunity with respect to participating 788 in any judicial proceedings resulting from the notice or failure 789 to provide notice. 790

Section 14. Subsection (3) of

section 316.303, Florida 791 Statutes, is amended to read: 792 316.303 Television receivers.— 793

(3) This

section does not prohibit the use of an electronic 794 display used in conjunction with a vehicle navigation system; an 795 electronic display used by an operator of an autonomous vehicle, 796 as defined in s. 316.003(4) s. 316.003(3); or an electronic 797 display used by an operator of a vehicle equipped and operating 798 with driver-assistive truck platooning technology, as defined in 799 s. 316.003. 800

Section 15. Paragraph (

b) of subsection (3) of

section 801 316.305, Florida Statutes, is amended to read: 802 316.305 Wireless communications devices; prohibition.— 803 (3) 804 (

b) Paragraph (

a) does not apply to a motor vehicle 805 operator who is: 806 1. Performing official duties as an operator of an 807 authorized emergency vehicle as defined in s. 322.01, a law 808 enforcement or fire service professional, or an emergency 809 medical services professional. 810 2. Reporting an emergency or criminal or suspicious 811 activity to law enforcement authorities. 812

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 29 of 82 CODING: Words stricken are deletions; words underlined are additions. 3. Receiving messages that are: 813 a. Related to the operation or navigation of the motor 814 vehicle; 815 b. Safety-related information, including emergency, 816 traffic, or weather alerts; 817 c. Data used primarily by the motor vehicle; or 818 d. Radio broadcasts. 819 4. Using a device or system for navigation purposes. 820 5.

Conducting wireless interpersonal communication that 821 does not require manual entry of multiple letters, numbers, or 822 symbols, except to activate, deactivate, or initiate a feature 823 or function. 824 6. Conducting wireless interpersonal communication that 825 does not require reading text messages, except to activate, 826 deactivate, or initiate a feature or function. 827 7. Operating an autonomous vehicle, as defined in s. 828 316.003(4) s. 316.003(3), with the automated driving system 829 engaged. 830

Section 16. Paragraph (

a) of subsection (3) of

section 831 316.306, Florida Statutes, is amended to read: 832 316.306 School and work zones; prohibition on the use of a 833 wireless communications device in a handheld manner.— 834 (3)(a)1. A person may not operate a motor vehicle while 835 using a wireless communications device in a handheld manner in a 836 designated school crossing, school zone, or work zone area as 837 defined in s. 316.003(112) s. 316.003(111). This subparagraph 838 shall only be applicable to work zone areas if construction 839 personnel are present or are operating equipment on the road or 840 immediately adjacent to the work zone area. For the purposes of 841

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 30 of 82 CODING: Words stricken are deletions; words underlined are additions. this paragraph, a motor vehicle that is stationary is not being 842 operated and is not subject to the prohibition in this 843 paragraph. 844 2. Effective January 1, 2020, a law enforcement officer may 845 stop motor vehicles and issue citations to persons who are 846 driving while using a wireless communications device in a 847 handheld manner in violation of subparagraph 1. 848

Section 17. Subsections (1) and (5) of

section 316.85, 849 Florida Statutes, are amended to read: 850 316.85 Autonomous vehicles; operation; compliance with 851 traffic and motor vehicle laws; testing.— 852

(1) Notwithstanding any other law, a licensed human 853 operator is not required to operate a fully autonomous vehicle 854 as defined in s. 316.003(4) s. 316.003(3). 855

(5) Notwithstanding any other provision of this chapter, an 856 autonomous vehicle or a fully autonomous vehicle equipped with a 857 teleoperation system may operate without a human operator 858 physically present in the vehicle when the teleoperation system 859 is engaged. A vehicle that is subject to this subsection must 860 meet the requirements of s. 319.145 and is considered a vehicle 861 that meets the definition provided in s. 316.003(4)(

c) s. 862 316.003(3)(

c) for the purposes of ss. 316.062(5), 316.063(4), 863 316.065(5), 316.1975(3), and 316.303(1). 864

Section 18. Paragraphs (

e) and (

f) of subsection (2) of 865

section 322.18, Florida Statutes, are amended to read: 866 322.18 Original applications, licenses, and renewals; 867 expiration of licenses; delinquent licenses.— 868

(2) Each applicant who is entitled to the issuance of a 869 driver license, as provided in this section, shall be issued a 870

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 31 of 82 CODING: Words stricken are deletions; words underlined are additions. driver license, as follows: 871 (

e) Notwithstanding any other provision of this chapter, an 872 applicant applying for an original or renewal issuance of a 873 commercial driver license as defined in s. 322.01(8) s. 874 322.01(7), with a hazardous-materials endorsement, pursuant to 875 s. 322.57(1)(e), shall be issued a driver license that expires 876 at midnight on the licensee’s birthday that next occurs 4 years 877 after the month of expiration of the license being issued or 878 renewed. 879 (

f) Notwithstanding any other provision of this chapter, an 880 applicant applying for an original issuance of a commercial 881 driver license as defined in s. 322.01(8) s. 322.01(7) shall be 882 issued a driver license that expires at midnight 8 years after 883 the licensee’s last birthday prior to issuance of the license. 884

Section 19. Subsection (2) of

section 322.34, Florida 885 Statutes, is amended to read: 886 322.34 Driving while license suspended, revoked, canceled, 887 or disqualified.— 888

(2) Any person whose driver license or driving privilege 889 has been canceled, suspended, or revoked as provided by law, or 890 who does not have a driver license or driving privilege but is 891 under suspension or revocation equivalent status as defined in 892 s. 322.01(43) s. 322.01(42), except persons defined in s. 893 322.264, who, knowing of such cancellation, suspension, 894 revocation, or suspension or revocation equivalent status, 895 drives any motor vehicle upon the highways of this state while 896 such license or privilege is canceled, suspended, or revoked, or 897 while under suspension or revocation equivalent status, commits: 898 (

a) A misdemeanor of the second degree, punishable as 899

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 32 of 82 CODING: Words stricken are deletions; words underlined are additions. provided in s. 775.082 or s. 775.083. 900 (b)1. A misdemeanor of the first degree, punishable as 901 provided in s. 775.082 or s. 775.083, upon a second or 902 subsequent conviction, except as provided in paragraph (c). 903 2. A person convicted of a third or subsequent conviction, 904 except as provided in paragraph (c), must serve a minimum of 10 905 days in jail. 906 (

c) A felony of the third degree, punishable as provided in 907 s. 775.082, s. 775.083, or s. 775.084, upon a third or 908 subsequent conviction if the current violation of this

section 909 or the most recent prior violation of the

section is related to 910 driving while license canceled, suspended, revoked, or 911 suspension or revocation equivalent status resulting from a 912 violation of: 913 1. Driving under the influence; 914 2. Refusal to submit to a urine, breath-alcohol, or blood 915 alcohol test; 916 3. A traffic offense causing death or serious bodily 917 injury; or 918 4.

Fleeing or eluding. 919 920 The element of knowledge is satisfied if the person has been 921 previously cited as provided in subsection (1); or the person 922 admits to knowledge of the cancellation, suspension, or 923 revocation, or suspension or revocation equivalent status; or 924 the person received notice as provided in subsection (4). There 925 shall be a rebuttable presumption that the knowledge requirement 926 is satisfied if a judgment or order as provided in subsection 927 (4) appears in the department’s records for any case except for 928

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 33 of 82 CODING: Words stricken are deletions; words underlined are additions. one involving a suspension by the department for failure to pay 929 a traffic fine or for a financial responsibility violation. 930

Section 20. Subsection (4) of

section 322.61, Florida 931 Statutes, is amended to read: 932 322.61 Disqualification from operating a commercial motor 933 vehicle.— 934

(4) Any person who is transporting hazardous materials as 935 defined in s. 322.01(25) s. 322.01(24) shall, upon conviction of 936 an offense specified in subsection (3), be disqualified from 937 operating a commercial motor vehicle for a period of 3 years. 938 The penalty provided in this subsection shall be in addition to 939 any other applicable penalty. 940

Section 21. Subsection (1) of

section 327.391, Florida 941 Statutes, is amended to read: 942 327.391 Airboats regulated.— 943

(1) The exhaust of every internal combustion engine used on 944 any airboat operated on the waters of this state shall be 945 provided with an automotive-style factory muffler, underwater 946 exhaust, or other manufactured device capable of adequately 947 muffling the sound of the exhaust of the engine as described in 948 s. 327.02(32) s. 327.02(31). The use of cutouts or flex pipe as 949 the sole source of muffling is prohibited, except as provided in 950 subsection (4). A person who violates this subsection commits a 951 noncriminal infraction, punishable as provided in s. 327.73(1). 952

Section 22. Subsection (8) of

section 327.53, Florida 953 Statutes, is amended to read: 954 327.53 Marine sanitation.— 955

(8) The owner or operator of a live-aboard vessel as 956 defined in s. 327.02(24) s. 327.02(23), or a houseboat as 957

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 34 of 82 CODING: Words stricken are deletions; words underlined are additions. defined in s. 327.02(18) s. 327.02(17), that is equipped with a 958 marine sanitation device must maintain a record of the date of 959 each pumpout of the marine sanitation device and the location of 960 the pumpout station or waste reception facility. Each record 961 must be maintained for 1 year after the date of the pumpout. 962 This subsection does not apply to marine compost toilets that 963 process and manage human waste using marine compost toilet 964 technologies that comply with United States Coast Guard 965 requirements. 966

Section 23. Paragraphs (

b) and (

c) of subsection (1) of 967

section 627.749, Florida Statutes, are amended to read: 968 627.749 Autonomous vehicles; insurance requirements.— 969

(1) DEFINITIONS.—As used in this section, the term: 970 (b) “Autonomous vehicle” has the same meaning as provided 971 in s. 316.003(4) s. 316.003(3). 972 (c) “Fully autonomous vehicle” has the same meaning as 973 provided in s. 316.003(4) s. 316.003(3). 974

Section 24. Subsection (1) of

section 655.960, Florida 975 Statutes, is amended to read: 976 655.960

Definitions; ss. 655.960-655.965.—As used in this 977

section and ss. 655.961-655.965, unless the context otherwise 978 requires: 979 (1) “Access area” means any paved walkway or sidewalk which 980 is within 50 feet of any automated teller machine. The term does 981 not include any street or highway open to the use of the public, 982 as defined in s. 316.003(90)(

a) or (

b) s. 316.003(89)(

a) or (b), 983 including any adjacent sidewalk, as defined in s. 316.003. 984

Section 25. Paragraphs (g), (h), and (

i) of subsection (3) 985 of

section 921.0022, Florida Statutes, are amended to read: 986

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 35 of 82 CODING: Words stricken are deletions; words underlined are additions. 921.0022 Criminal Punishment Code; offense severity ranking 987 chart.— 988

(3) OFFENSE SEVERITY RANKING CHART 989 (

g) LEVEL 7 990 991 Florida Statute Felony Degree Description 992 316.027(2)(c) 1st Accident involving death, failure to stop; leaving scene. 993 316.193(3)(c)2. 2nd 3rd DUI resulting in serious bodily injury. 994 316.1935(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. 995 327.35(3)(c)2. 2nd 3rd Vessel BUI resulting in serious bodily injury. 996

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 36 of 82 CODING: Words stricken are deletions; words underlined are additions. 402.319(2) 2nd Misrepresentation and negligence or intentional act resulting in great bodily harm, permanent disfiguration, permanent disability, or death. 997 409.920 (2)(b)1.a. 3rd Medicaid provider fraud; $10,000 or less. 998 409.920 (2)(b)1.b. 2nd Medicaid provider fraud; more than $10,000, but less than $50,000. 999 456.065(2) 3rd Practicing a health care profession without a license. 1000 456.065(2) 2nd Practicing a health care profession without a license which results in serious bodily injury. 1001 458.327(1) 3rd Practicing medicine without a license. 1002 459.013(1) 3rd Practicing osteopathic medicine without a license.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 37 of 82 CODING: Words stricken are deletions; words underlined are additions. 1003 460.411(1) 3rd Practicing chiropractic medicine without a license. 1004 461.012(1) 3rd Practicing podiatric medicine without a license. 1005 462.17 3rd Practicing naturopathy without a license. 1006 463.015(1) 3rd Practicing optometry without a license. 1007 464.016(1) 3rd Practicing nursing without a license. 1008 465.015(2) 3rd Practicing pharmacy without a license. 1009 466.026(1) 3rd Practicing dentistry or dental hygiene without a license. 1010 467.201 3rd Practicing midwifery without a license. 1011 468.366 3rd Delivering respiratory

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 38 of 82 CODING: Words stricken are deletions; words underlined are additions. care services without a license. 1012 483.828(1) 3rd Practicing as clinical laboratory personnel without a license. 1013 483.901(7) 3rd Practicing medical physics without a license. 1014 484.013(1)(c) 3rd Preparing or dispensing optical devices without a prescription. 1015 484.053 3rd Dispensing hearing aids without a license. 1016 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. 1017 560.123(8)(b)1. 3rd Failure to report currency or payment instruments exceeding $300 but less than $20,000 by a money

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 39 of 82 CODING: Words stricken are deletions; words underlined are additions. services business. 1018 560.125(5)(a) 3rd Money services business by unauthorized person, currency or payment instruments exceeding $300 but less than $20,000. 1019 655.50(10)(b)1. 3rd Failure to report financial transactions exceeding $300 but less than $20,000 by financial institution. 1020 775.21(10)(a) 3rd Sexual predator; failure to register; failure to renew driver license or identification card; other registration violations. 1021 775.21(10)(b) 3rd Sexual predator working where children regularly congregate. 1022 775.21(10)(g) 3rd Failure to report or providing false information about a sexual predator; harbor or conceal a sexual predator.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 40 of 82 CODING: Words stricken are deletions; words underlined are additions. 1023 782.051(3) 2nd Attempted felony murder of a person by a person other than the perpetrator or the perpetrator of an attempted felony. 1024 782.07(1) 2nd Killing of a human being by the act, procurement, or culpable negligence of another (manslaughter). 1025 782.071 2nd Killing of a human being or unborn child by the operation of a motor vehicle in a reckless manner (vehicular homicide). 1026 782.072 2nd Killing of a human being by the operation of a vessel in a reckless manner (vessel homicide). 1027 784.045(1)(a)1. 2nd Aggravated battery; intentionally causing great bodily harm or disfigurement. 1028

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 41 of 82 CODING: Words stricken are deletions; words underlined are additions. 784.045(1)(a)2. 2nd Aggravated battery; using deadly weapon. 1029 784.045(1)(b) 2nd Aggravated battery; perpetrator aware victim pregnant. 1030 784.048(4) 3rd Aggravated stalking; violation of injunction or court order. 1031 784.048(7) 3rd Aggravated stalking; violation of court order. 1032 784.07(2)(d) 1st Aggravated battery on law enforcement officer. 1033 784.074(1)(a) 1st Aggravated battery on sexually violent predators facility staff. 1034 784.08(2)(a) 1st Aggravated battery on a person 65 years of age or older. 1035 784.081(1) 1st Aggravated battery on specified official or employee. 1036

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 42 of 82 CODING: Words stricken are deletions; words underlined are additions. 784.082(1) 1st Aggravated battery by detained person on visitor or other detainee. 1037 784.083(1) 1st Aggravated battery on code inspector. 1038 787.06(3)(a)2. 1st Human trafficking using coercion for labor and services of an adult. 1039 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. 1040 790.07(4) 1st Specified weapons violation subsequent to previous conviction of s. 790.07(1) or (2). 1041 790.16(1) 1st Discharge of a machine gun under specified circumstances. 1042 790.165(2) 2nd Manufacture, sell, possess, or deliver hoax

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 43 of 82 CODING: Words stricken are deletions; words underlined are additions. bomb. 1043 790.165(3) 2nd Possessing, displaying, or threatening to use any hoax bomb while committing or attempting to commit a felony. 1044 790.166(3) 2nd Possessing, selling, using, or attempting to use a hoax weapon of mass destruction. 1045 790.166(4) 2nd Possessing, displaying, or threatening to use a hoax weapon of mass destruction while committing or attempting to commit a felony. 1046 790.23 1st,PBL Possession of a firearm by a person who qualifies for the penalty enhancements provided for in s. 874.04. 1047 794.08(4) 3rd Female genital mutilation; consent by a parent, guardian, or a person in custodial authority to a

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 44 of 82 CODING: Words stricken are deletions; words underlined are additions. victim younger than 18 years of age. 1048 796.05(1) 1st Live on earnings of a prostitute; 2nd offense. 1049 796.05(1) 1st Live on earnings of a prostitute; 3rd and subsequent offense. 1050 800.04(5)(c)1. 2nd Lewd or lascivious molestation; victim younger than 12 years of age; offender younger than 18 years of age. 1051 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. 1052 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

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 45 of 82 CODING: Words stricken are deletions; words underlined are additions. for specified sex offense. 1053 806.01(2) 2nd Maliciously damage structure by fire or explosive. 1054 810.02(3)(a) 2nd Burglary of occupied dwelling; unarmed; no assault or battery. 1055 810.02(3)(b) 2nd Burglary of unoccupied dwelling; unarmed; no assault or battery. 1056 810.02(3)(d) 2nd Burglary of occupied conveyance; unarmed; no assault or battery. 1057 810.02(3)(e) 2nd Burglary of authorized emergency vehicle. 1058 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.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 46 of 82 CODING: Words stricken are deletions; words underlined are additions. 1059 812.014(2)(b)2. 2nd Property stolen, cargo valued at less than $50,000, grand theft in 2nd degree. 1060 812.014(2)(b)3. 2nd Property stolen, emergency medical equipment; 2nd degree grand theft. 1061 812.014(2)(b)4. 2nd Property stolen, law enforcement equipment from authorized emergency vehicle. 1062 812.014(2)(f) 2nd Grand theft; second degree; firearm with previous conviction of s. 812.014(2)(c)5. 1063 812.0145(2)(a) 1st Theft from person 65 years of age or older; $50,000 or more. 1064 812.019(2) 1st Stolen property; initiates, organizes, plans, etc., the theft of property and traffics in stolen property.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 47 of 82 CODING: Words stricken are deletions; words underlined are additions. 1065 812.131(2)(a) 2nd Robbery by sudden snatching. 1066 812.133(2)(b) 1st Carjacking; no firearm, deadly weapon, or other weapon. 1067 817.034(4)(a)1. 1st Communications fraud, value greater than $50,000. 1068 817.234(8)(a) 2nd Solicitation of motor vehicle accident victims with intent to defraud. 1069 817.234(9) 2nd Organizing, planning, or participating in an intentional motor vehicle collision. 1070 817.234(11)(c) 1st Insurance fraud; property value $100,000 or more. 1071 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

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 48 of 82 CODING: Words stricken are deletions; words underlined are additions. insuring entity which are a significant cause of the insolvency of that entity. 1072 817.418(2)(a) 3rd Offering for sale or advertising personal protective equipment with intent to defraud. 1073 817.504(1)(a) 3rd Offering or advertising a vaccine with intent to defraud. 1074 817.535(2)(a) 3rd Filing false lien or other unauthorized document. 1075 817.611(2)(b) 2nd Traffic in or possess 15 to 49 counterfeit credit cards or related documents. 1076 825.102(3)(b) 2nd Neglecting an elderly person or disabled adult causing great bodily harm, disability, or disfigurement. 1077 825.103(3)(b) 2nd Exploiting an elderly person or disabled adult

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 49 of 82 CODING: Words stricken are deletions; words underlined are additions. and property is valued at $10,000 or more, but less than $50,000. 1078 827.03(2)(b) 2nd Neglect of a child causing great bodily harm, disability, or disfigurement. 1079 827.04(3) 3rd Impregnation of a child under 16 years of age by person 21 years of age or older. 1080 837.05(2) 3rd Giving false information about alleged capital felony to a law enforcement officer. 1081 838.015 2nd Bribery. 1082 838.016 2nd Unlawful compensation or reward for official behavior. 1083 838.021(3)(a) 2nd Unlawful harm to a public servant. 1084 838.22 2nd Bid tampering.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 50 of 82 CODING: Words stricken are deletions; words underlined are additions. 1085 843.0855(2) 3rd Impersonation of a public officer or employee. 1086 843.0855(3) 3rd Unlawful simulation of legal process. 1087 843.0855(4) 3rd Intimidation of a public officer or employee. 1088 847.0135(3) 3rd Solicitation of a child, via a computer service, to commit an unlawful sex act. 1089 847.0135(4) 2nd Traveling to meet a minor to commit an unlawful sex act. 1090 872.06 2nd Abuse of a dead human body. 1091 874.05(2)(b) 1st Encouraging or recruiting person under 13 to join a criminal gang; second or subsequent offense. 1092 874.10 1st,PBL Knowingly initiates, organizes, plans,

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 51 of 82 CODING: Words stricken are deletions; words underlined are additions. finances, directs, manages, or supervises criminal gang-related activity. 1093 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. 1094 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. 1095

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 52 of 82 CODING: Words stricken are deletions; words underlined are additions. 893.13(4)(a) 1st Use or hire of minor; deliver to minor other controlled substance. 1096 893.135(1)(a)1. 1st Trafficking in cannabis, more than 25 lbs., less than 2,000 lbs. 1097 893.135 (1)(b)1.a. 1st Trafficking in cocaine, more than 28 grams, less than 200 grams. 1098 893.135 (1)(c)1.a. 1st Trafficking in illegal drugs, more than 4 grams, less than 14 grams. 1099 893.135 (1)(c)2.a. 1st Trafficking in hydrocodone, 28 grams or more, less than 50 grams. 1100 893.135 (1)(c)2.b. 1st Trafficking in hydrocodone, 50 grams or more, less than 100 grams. 1101 893.135 (1)(c)3.a. 1st Trafficking in oxycodone, 7 grams or more, less than 14 grams. 1102 893.135 1st Trafficking in oxycodone,

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 53 of 82 CODING: Words stricken are deletions; words underlined are additions. (1)(c)3.b. 14 grams or more, less than 25 grams. 1103 893.135 (1)(c)4.b.(I) 1st Trafficking in fentanyl, 4 grams or more, less than 14 grams. 1104 893.135 (1)(d)1.a. 1st Trafficking in phencyclidine, 28 grams or more, less than 200 grams. 1105 893.135(1)(e)1. 1st Trafficking in methaqualone, 200 grams or more, less than 5 kilograms. 1106 893.135(1)(f)1. 1st Trafficking in amphetamine, 14 grams or more, less than 28 grams. 1107 893.135 (1)(g)1.a. 1st Trafficking in flunitrazepam, 4 grams or more, less than 14 grams. 1108 893.135 (1)(h)1.a. 1st Trafficking in gamma- hydroxybutyric acid (GHB), 1 kilogram or more, less than 5 kilograms. 1109

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 54 of 82 CODING: Words stricken are deletions; words underlined are additions. 893.135 (1)(j)1.a. 1st Trafficking in 1,4- Butanediol, 1 kilogram or more, less than 5 kilograms. 1110 893.135 (1)(k)2.a. 1st Trafficking in Phenethylamines, 10 grams or more, less than 200 grams. 1111 893.135 (1)(m)2.a. 1st Trafficking in synthetic cannabinoids, 280 grams or more, less than 500 grams. 1112 893.135 (1)(m)2.b. 1st Trafficking in synthetic cannabinoids, 500 grams or more, less than 1,000 grams. 1113 893.135 (1)(n)2.a. 1st Trafficking in n-benzyl phenethylamines, 14 grams or more, less than 100 grams. 1114 893.1351(2) 2nd Possession of place for trafficking in or manufacturing of controlled substance. 1115

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 55 of 82 CODING: Words stricken are deletions; words underlined are additions. 896.101(5)(a) 3rd Money laundering, financial transactions exceeding $300 but less than $20,000. 1116 896.104(4)(a)1. 3rd Structuring transactions to evade reporting or registration requirements, financial transactions exceeding $300 but less than $20,000. 1117 943.0435(4)(c) 2nd Sexual offender vacating permanent residence; failure to comply with reporting requirements. 1118 943.0435(8) 2nd Sexual offender; remains in state after indicating intent to leave; failure to comply with reporting requirements. 1119 943.0435(9)(a) 3rd Sexual offender; failure to comply with reporting requirements. 1120 943.0435(13) 3rd Failure to report or providing false

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 56 of 82 CODING: Words stricken are deletions; words underlined are additions. information about a sexual offender; harbor or conceal a sexual offender. 1121 943.0435(14) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1122 944.607(9) 3rd Sexual offender; failure to comply with reporting requirements. 1123 944.607(10)(a) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1124 944.607(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1125 944.607(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification;

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 57 of 82 CODING: Words stricken are deletions; words underlined are additions. providing false registration information. 1126 985.4815(10) 3rd Sexual offender; failure to submit to the taking of a digitized photograph. 1127 985.4815(12) 3rd Failure to report or providing false information about a sexual offender; harbor or conceal a sexual offender. 1128 985.4815(13) 3rd Sexual offender; failure to report and reregister; failure to respond to address verification; providing false registration information. 1129 (

h) LEVEL 8 1130 1131 Florida Statute Felony Degree Description 1132 316.193 (3)(c)3. 316.193 (3)(c)3.a. 1st 2nd DUI manslaughter.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 58 of 82 CODING: Words stricken are deletions; words underlined are additions. 1133 316.1935(4)(b) 1st Aggravated fleeing or attempted eluding with serious bodily injury or death. 1134 327.35(3)(c)3. 1st 2nd Vessel BUI manslaughter. 1135 499.0051(6) 1st Knowing trafficking in contraband prescription drugs. 1136 499.0051(7) 1st Knowing forgery of prescription labels or prescription drug labels. 1137 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. 1138 560.125(5)(b) 2nd Money transmitter business by unauthorized person, currency or payment instruments totaling or exceeding $20,000, but less than

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 59 of 82 CODING: Words stricken are deletions; words underlined are additions. $100,000. 1139 655.50(10)(b)2. 2nd Failure to report financial transactions totaling or exceeding $20,000, but less than $100,000 by financial institutions. 1140 777.03(2)(a) 1st Accessory after the fact, capital felony. 1141 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. 1142 782.051(2) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony not enumerated

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 60 of 82 CODING: Words stricken are deletions; words underlined are additions. in s. 782.04(3). 1143 782.071(1)(b) 1st Committing vehicular homicide and failing to render aid or give information. 1144 782.072(2) 1st Committing vessel homicide and failing to render aid or give information. 1145 787.06(3)(a)1. 1st Human trafficking for labor and services of a child. 1146 787.06(3)(b) 1st Human trafficking using coercion for commercial sexual activity of an adult. 1147 787.06(3)(c)2. 1st Human trafficking using coercion for labor and services of an unauthorized alien adult. 1148 787.06(3)(e)1. 1st Human trafficking for labor and services by the transfer or transport of

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 61 of 82 CODING: Words stricken are deletions; words underlined are additions. a child from outside Florida to within the state. 1149 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. 1150 790.161(3) 1st Discharging a destructive device which results in bodily harm or property damage. 1151 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. 1152 794.011(5)(b) 2nd Sexual battery; victim and offender 18 years of age or older; offender does not use physical

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 62 of 82 CODING: Words stricken are deletions; words underlined are additions. force likely to cause serious injury. 1153 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. 1154 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. 1155 794.08(3) 2nd Female genital mutilation, removal of a victim younger than 18 years of age from this state. 1156 800.04(4)(b) 2nd Lewd or lascivious battery. 1157 800.04(4)(c) 1st Lewd or lascivious battery; offender 18

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 63 of 82 CODING: Words stricken are deletions; words underlined are additions. years of age or older; prior conviction for specified sex offense. 1158 806.01(1) 1st Maliciously damage dwelling or structure by fire or explosive, believing person in structure. 1159 810.02(2)(a) 1st,PBL Burglary with assault or battery. 1160 810.02(2)(b) 1st,PBL Burglary; armed with explosives or dangerous weapon. 1161 810.02(2)(c) 1st Burglary of a dwelling or structure causing structural damage or $1,000 or more property damage. 1162 812.014(2)(a)2. 1st Property stolen; cargo valued at $50,000 or more, grand theft in 1st degree. 1163 812.13(2)(b) 1st Robbery with a weapon.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 64 of 82 CODING: Words stricken are deletions; words underlined are additions. 1164 812.135(2)(c) 1st Home-invasion robbery, no firearm, deadly weapon, or other weapon. 1165 817.418(2)(b) 2nd Offering for sale or advertising personal protective equipment with intent to defraud; second or subsequent offense. 1166 817.504(1)(b) 2nd Offering or advertising a vaccine with intent to defraud; second or subsequent offense. 1167 817.505(4)(c) 1st Patient brokering; 20 or more patients. 1168 817.535(2)(b) 2nd Filing false lien or other unauthorized document; second or subsequent offense. 1169 817.535(3)(a) 2nd Filing false lien or other unauthorized document; property owner is a public officer or employee.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 65 of 82 CODING: Words stricken are deletions; words underlined are additions. 1170 817.535(4)(a)1. 2nd Filing false lien or other unauthorized document; defendant is incarcerated or under supervision. 1171 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. 1172 817.568(6) 2nd Fraudulent use of personal identification information of an individual under the age of 18. 1173 817.611(2)(c) 1st Traffic in or possess 50 or more counterfeit credit cards or related documents. 1174 825.102(2) 1st Aggravated abuse of an elderly person or disabled adult. 1175

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 66 of 82 CODING: Words stricken are deletions; words underlined are additions. 825.1025(2) 2nd Lewd or lascivious battery upon an elderly person or disabled adult. 1176 825.103(3)(a) 1st Exploiting an elderly person or disabled adult and property is valued at $50,000 or more. 1177 837.02(2) 2nd Perjury in official proceedings relating to prosecution of a capital felony. 1178 837.021(2) 2nd Making contradictory statements in official proceedings relating to prosecution of a capital felony. 1179 860.121(2)(c) 1st Shooting at or throwing any object in path of railroad vehicle resulting in great bodily harm. 1180 860.16 1st Aircraft piracy. 1181 893.13(1)(b) 1st Sell or deliver in excess

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 67 of 82 CODING: Words stricken are deletions; words underlined are additions. of 10 grams of any substance specified in s. 893.03(1)(

a) or (b). 1182 893.13(2)(b) 1st Purchase in excess of 10 grams of any substance specified in s. 893.03(1)(

a) or (b). 1183 893.13(6)(c) 1st Possess in excess of 10 grams of any substance specified in s. 893.03(1)(

a) or (b). 1184 893.135(1)(a)2. 1st Trafficking in cannabis, more than 2,000 lbs., less than 10,000 lbs. 1185 893.135 (1)(b)1.b. 1st Trafficking in cocaine, more than 200 grams, less than 400 grams. 1186 893.135 (1)(c)1.b. 1st Trafficking in illegal drugs, more than 14 grams, less than 28 grams. 1187 893.135 (1)(c)2.c. 1st Trafficking in hydrocodone, 100 grams or

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 68 of 82 CODING: Words stricken are deletions; words underlined are additions. more, less than 300 grams. 1188 893.135 (1)(c)3.c. 1st Trafficking in oxycodone, 25 grams or more, less than 100 grams. 1189 893.135 (1)(c)4.b.(II) 1st Trafficking in fentanyl, 14 grams or more, less than 28 grams. 1190 893.135 (1)(d)1.b. 1st Trafficking in phencyclidine, 200 grams or more, less than 400 grams. 1191 893.135 (1)(e)1.b. 1st Trafficking in methaqualone, 5 kilograms or more, less than 25 kilograms. 1192 893.135 (1)(f)1.b. 1st Trafficking in amphetamine, 28 grams or more, less than 200 grams. 1193 893.135 (1)(g)1.b. 1st Trafficking in flunitrazepam, 14 grams or more, less than 28

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 69 of 82 CODING: Words stricken are deletions; words underlined are additions. grams. 1194 893.135 (1)(h)1.b. 1st Trafficking in gamma- hydroxybutyric acid (GHB), 5 kilograms or more, less than 10 kilograms. 1195 893.135 (1)(j)1.b. 1st Trafficking in 1,4- Butanediol, 5 kilograms or more, less than 10 kilograms. 1196 893.135 (1)(k)2.b. 1st Trafficking in Phenethylamines, 200 grams or more, less than 400 grams. 1197 893.135 (1)(m)2.c. 1st Trafficking in synthetic cannabinoids, 1,000 grams or more, less than 30 kilograms. 1198 893.135 (1)(n)2.b. 1st Trafficking in n-benzyl phenethylamines, 100 grams or more, less than 200 grams. 1199 893.1351(3) 1st Possession of a place

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 70 of 82 CODING: Words stricken are deletions; words underlined are additions. used to manufacture controlled substance when minor is present or resides there. 1200 895.03(1) 1st Use or invest proceeds derived from pattern of racketeering activity. 1201 895.03(2) 1st Acquire or maintain through racketeering activity any interest in or control of any enterprise or real property. 1202 895.03(3) 1st Conduct or participate in any enterprise through pattern of racketeering activity. 1203 896.101(5)(b) 2nd Money laundering, financial transactions totaling or exceeding $20,000, but less than $100,000. 1204 896.104(4)(a)2. 2nd Structuring transactions to evade reporting or

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 71 of 82 CODING: Words stricken are deletions; words underlined are additions. registration requirements, financial transactions totaling or exceeding $20,000 but less than $100,000. 1205 (

i) LEVEL 9 1206 1207 Florida Statute Felony Degree Description 1208 316.193 (3)(c)3.b. 1st DUI manslaughter; failing to render aid or give information. 1209 327.35 (3)(c)3.b. 1st BUI manslaughter; failing to render aid or give information. 1210 409.920 (2)(b)1.c. 1st Medicaid provider fraud; $50,000 or more. 1211 499.0051(8) 1st Knowing sale or purchase of contraband prescription drugs resulting in great bodily harm. 1212 560.123(8)(b)3. 1st Failure to report

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 72 of 82 CODING: Words stricken are deletions; words underlined are additions. currency or payment instruments totaling or exceeding $100,000 by money transmitter. 1213 560.125(5)(c) 1st Money transmitter business by unauthorized person, currency, or payment instruments totaling or exceeding $100,000. 1214 655.50(10)(b)3. 1st Failure to report financial transactions totaling or exceeding $100,000 by financial institution. 1215 775.0844 1st Aggravated white collar crime. 1216 782.04(1) 1st Attempt, conspire, or solicit to commit premeditated murder. 1217 782.04(3) 1st,PBL Accomplice to murder in connection with arson, sexual battery, robbery, burglary, aggravated

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 73 of 82 CODING: Words stricken are deletions; words underlined are additions. fleeing or eluding with serious bodily injury or death, and other specified felonies. 1218 782.051(1) 1st Attempted felony murder while perpetrating or attempting to perpetrate a felony enumerated in s. 782.04(3). 1219 782.07(2) 1st Aggravated manslaughter of an elderly person or disabled adult. 1220 787.01(1)(a)1. 1st,PBL Kidnapping; hold for ransom or reward or as a shield or hostage. 1221 787.01(1)(a)2. 1st,PBL Kidnapping with intent to commit or facilitate commission of any felony. 1222 787.01(1)(a)4. 1st,PBL Kidnapping with intent to interfere with performance of any governmental or political function. 1223

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 74 of 82 CODING: Words stricken are deletions; words underlined are additions. 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. 1224 787.06(3)(c)1. 1st Human trafficking for labor and services of an unauthorized alien child. 1225 787.06(3)(d) 1st Human trafficking using coercion for commercial sexual activity of an unauthorized adult alien. 1226 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. 1227 790.161 1st Attempted capital destructive device offense. 1228

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 75 of 82 CODING: Words stricken are deletions; words underlined are additions. 790.166(2) 1st,PBL Possessing, selling, using, or attempting to use a weapon of mass destruction. 1229 794.011(2) 1st Attempted sexual battery; victim less than 12 years of age. 1230 794.011(2) Life Sexual battery; offender younger than 18 years and commits sexual battery on a person less than 12 years. 1231 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. 1232 794.011(4)(b) 1st Sexual battery, certain circumstances; victim and offender 18 years of age or older. 1233 794.011(4)(c) 1st Sexual battery, certain circumstances; victim 12

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 76 of 82 CODING: Words stricken are deletions; words underlined are additions. years of age or older; offender younger than 18 years. 1234 794.011(4)(d) 1st,PBL Sexual battery, certain circumstances; victim 12 years of age or older; prior conviction for specified sex offenses. 1235 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. 1236 794.08(2) 1st Female genital mutilation; victim younger than 18 years of age. 1237 800.04(5)(

b) Life Lewd or lascivious molestation; victim less than 12 years; offender 18 years or older. 1238 812.13(2)(a) 1st,PBL Robbery with firearm or other deadly weapon. 1239

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 77 of 82 CODING: Words stricken are deletions; words underlined are additions. 812.133(2)(a) 1st,PBL Carjacking; firearm or other deadly weapon. 1240 812.135(2)(b) 1st Home-invasion robbery with weapon. 1241 817.535(3)(b) 1st Filing false lien or other unauthorized document; second or subsequent offense; property owner is a public officer or employee. 1242 817.535(4)(a)2. 1st Filing false claim or other unauthorized document; defendant is incarcerated or under supervision. 1243 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. 1244

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 78 of 82 CODING: Words stricken are deletions; words underlined are additions. 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. 1245 827.03(2)(a) 1st Aggravated child abuse. 1246 847.0145(1) 1st Selling, or otherwise transferring custody or control, of a minor. 1247 847.0145(2) 1st Purchasing, or otherwise obtaining custody or control, of a minor. 1248 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. 1249 893.135 1st Attempted capital trafficking offense.

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 79 of 82 CODING: Words stricken are deletions; words underlined are additions. 1250 893.135(1)(a)3. 1st Trafficking in cannabis, more than 10,000 lbs. 1251 893.135 (1)(b)1.c. 1st Trafficking in cocaine, more than 400 grams, less than 150 kilograms. 1252 893.135 (1)(c)1.c. 1st Trafficking in illegal drugs, more than 28 grams, less than 30 kilograms. 1253 893.135 (1)(c)2.d. 1st Trafficking in hydrocodone, 300 grams or more, less than 30 kilograms. 1254 893.135 (1)(c)3.d. 1st Trafficking in oxycodone, 100 grams or more, less than 30 kilograms. 1255 893.135 (1)(c)4.b.(III) 1st Trafficking in fentanyl, 28 grams or more. 1256 893.135 (1)(d)1.c. 1st Trafficking in phencyclidine, 400 grams or more. 1257

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 80 of 82 CODING: Words stricken are deletions; words underlined are additions. 893.135 (1)(e)1.c. 1st Trafficking in methaqualone, 25 kilograms or more. 1258 893.135 (1)(f)1.c. 1st Trafficking in amphetamine, 200 grams or more. 1259 893.135 (1)(h)1.c. 1st Trafficking in gamma- hydroxybutyric acid (GHB), 10 kilograms or more. 1260 893.135 (1)(j)1.c. 1st Trafficking in 1,4- Butanediol, 10 kilograms or more. 1261 893.135 (1)(k)2.c. 1st Trafficking in Phenethylamines, 400 grams or more. 1262 893.135 (1)(m)2.d. 1st Trafficking in synthetic cannabinoids, 30 kilograms or more. 1263 893.135 (1)(n)2.c. 1st Trafficking in n-benzyl phenethylamines, 200 grams or more. 1264

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 81 of 82 CODING: Words stricken are deletions; words underlined are additions. 896.101(5)(c) 1st Money laundering, financial instruments totaling or exceeding $100,000. 1265 896.104(4)(a)3. 1st Structuring transactions to evade reporting or registration requirements, financial transactions totaling or exceeding $100,000. 1266

Section 26. For the purpose of incorporating the amendment 1267 made by this act to

section 316.193, Florida Statutes, in a 1268 reference thereto, paragraph (

j) of subsection (3) of

section 1269 947.146, Florida Statutes, is reenacted to read: 1270 947.146 Control Release Authority.— 1271

(3) Within 120 days prior to the date the state 1272 correctional system is projected pursuant to s. 216.136 to 1273 exceed 99 percent of total capacity, the authority shall 1274 determine eligibility for and establish a control release date 1275 for an appropriate number of parole ineligible inmates committed 1276 to the department and incarcerated within the state who have 1277 been determined by the authority to be eligible for 1278 discretionary early release pursuant to this section.

In 1279 establishing control release dates, it is the intent of the 1280 Legislature that the authority prioritize consideration of 1281 eligible inmates closest to their tentative release date. The 1282 authority shall rely upon commitment data on the offender 1283

Florida Senate - 2024 SB 1172 26-00563C-24 20241172__ Page 82 of 82 CODING: Words stricken are deletions; words underlined are additions. information system maintained by the department to initially 1284 identify inmates who are to be reviewed for control release 1285 consideration. The authority may use a method of objective risk 1286 assessment in determining if an eligible inmate should be 1287 released. Such assessment shall be a part of the department’s 1288 management information system.

However, the authority shall have 1289 sole responsibility for determining control release eligibility, 1290 establishing a control release date, and effectuating the 1291 release of a sufficient number of inmates to maintain the inmate 1292 population between 99 percent and 100 percent of total capacity. 1293 Inmates who are ineligible for control release are inmates who 1294 are parole eligible or inmates who: 1295 (

j) Are convicted, or have been previously convicted, of 1296 DUI manslaughter under s. 316.193(3)(c)3., and are sentenced, or 1297 have been sentenced at any time, as a habitual offender for such 1298 offense, or have been sentenced at any time in another 1299 jurisdiction as a habitual offender for such offense; 1300 1301 In making control release eligibility determinations under this 1302 subsection, the authority may rely on any document leading to or 1303 generated during the course of the criminal proceedings, 1304 including, but not limited to, any presentence or postsentence 1305 investigation or any information contained in arrest reports 1306 relating to circumstances of the offense. 1307

Section 27. This act shall take effect July 1, 2024. 1308