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FL H0961

Bill

Status

Failed

3/8/2024

Primary Sponsor

Adam Anderson

Click for details

Origin

House of Representatives

2024 Regular Session

AI Summary

  • Adds "actual physical control" as a statutory definition for both vehicles and vessels, meaning being physically in or on the vehicle/vessel and having the capability to operate it regardless of whether it is actually being operated

  • Expands DUI and BUI offenses to include driving/operating with any amount of a controlled substance or chemical substance in the blood, and adds "any other impairing substance" to the list of substances that can trigger impairment-based charges; provides an affirmative defense for substances taken pursuant to a valid prescription

  • Increases felony severity for DUI/BUI causing serious bodily injury from a third-degree to a second-degree felony, and elevates DUI/BUI manslaughter from a second-degree to a first-degree felony with a mandatory minimum 4-year prison sentence

  • Expands the definition of "conviction" for sentencing purposes to include completion of any diversion program resulting in dismissal or charge reduction, and requires clerks of court to notify the Department of Law Enforcement of such diversions for recordkeeping

  • Authorizes law enforcement officers trained in horizontal gaze nystagmus testing and certified drug recognition experts to provide testimony on impairment in DUI/BUI prosecutions, and adds blood samples as specified grounds for issuance of a search warrant under s. 933.02

Legislative Description

Operating Vehicles and Vessels Under the Influence

Last Action

Died in Criminal Justice Subcommittee

3/8/2024

Committee Referrals

Criminal Justice Subcommittee1/5/2024

Full Bill Text

No bill text available