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FL S1172
Bill
AI Summary
- Defines "actual physical control" of a vehicle or vessel as being physically in or on it with the capability to operate it, regardless of whether it is actually being operated, and expands DUI/BUI offenses to include impairment by "any impairing substance" or any combination of substances
- Makes it an offense to have any amount of a controlled substance or chemical substance in one's blood while driving or operating a vessel, with an affirmative defense available for those using validly prescribed medications in accordance with practitioner directions
- Increases criminal penalties for DUI/BUI causing serious bodily injury from a third-degree felony to a second-degree felony, and elevates DUI/BUI manslaughter from a second-degree felony to a first-degree felony while eliminating the separate enhanced penalty for failing to render aid
- Allows law enforcement officers trained in horizontal gaze nystagmus testing and those holding Drug Recognition Expert credentials from the International Association of Chiefs of Police to provide expert testimony on impairment in DUI/BUI prosecutions
- Expands the definition of "conviction" for sentencing purposes to include completion of any diversion or other program resulting in dismissal or charge reduction, including those from other states, and requires clerks of court to report such dispositions to the Department of Law Enforcement for recordkeeping
Legislative Description
Operating Vehicles and Vessels Under the Influence
Last Action
Died in Criminal Justice
3/8/2024
Full Bill Text
No bill text available